United States v. Breen

• Decision Date: 04 November 1889
• Citation: 40 F. 402
• Parties: UNITED STATES v. BREEN.
• Court: U.S. District Court — Eastern District of Louisiana

40 F. 402

UNITED STATES v. BREEN.

United States Circuit Court, E.D. Louisiana.

November 4, 1889

Chas Parlange, Dist. Atty.

J. R Beckwith and E. W. Huntington, for defendant.

Before LAMAR, Justice, and PARDEE, J.

LAMAR Justice.

The question now for decision arises upon defendant's demurrer to the indictment against him, which, in substance alleges that, under the provisions of section 5 of the act of congress, approved August 11, 1888, (25 St. 424,) the secretary of war was authorized to make such rules and regulations as might be necessary to protect the improvements then being made on the South pass of the Mississippi river and to prevent any obstructions in said pass or injury to the work then being done by the government upon the improvements being made; that the act further provided that any violation of the rules and regulations so made should constitute a misdemeanor against the United States; and that upon conviction for such violation, in any court of the United States having jurisdiction thereof, the defendant should be fined a sum not exceeding $500, and be imprisoned not exceeding six months, at the discretion of the court. The indictment further charges that the secretary of war, in pursuance of the authority so vested in him, did make, among other rules and regulations, the following:

'(1) Steam-vessels navigating the South pass are required to reduce their speed to not exceeding ten miles per hour, and from the pilot's station, at Picayune bayou, to the sea end of the jetties, the speed shall not exceed six miles per hour.'

The indictment further alleges that after the making and promulgation of said rules and regulations, on the 4th day of November, 1888, within the jurisdiction of said court, the said Edward Breen unlawfully and willfully did violate the said rules and regulations, he (the said Edward Breen) then and there being and acting as pilot in and on board a certain steamer vessel, Ayshire, which vessel was then and there navigating the said South pass of said Mississippi river; and then and there having exercised the direction, management and control of the navigation of said vessel, said Edward Breen did not then and there, as by said rules and regulations required, reduce the speed of said vessel to not exceeding 10 miles per hour, but did then and there navigate the said vessel at a greater rate of speed than 10 miles, contrary to the form of the statute...