Legal Opinion

United States v. Minges

U.S. Circuit Court for the District of South Carolina

Decided April 21, 1883PublishedCited by 5 opinions

Information against J. A. Minges for harboring and secreting for six days two seamen belonging to the bark Dagmal, knowing them to belong thereto, in violation of section 4601, Rev. St. Demurrer because the bark Dagmal is not alleged to be an American vessel. The bark Dagmal is a Norwegian vessel. There is a treaty between the United States and Sweden and Norway for imprisonment and return of deserting seamen. Public Treaties, 740.

1Opinion of the CourtBond, J.

The demurrer in this case raises the question whether it is an offense against the United States to harbor seamen deserting from a vessel of a foreign power. The information alleges that the soamen harbored belonged to the bark Dagmal, but does not allege that the Dagmal was an American vessel.

The prosecution contend that the words of section 4601, Rev. St., “any seaman belonging to any vessel,” under which this information is filed, are unlimited, and apply equally to cases of desertion from domestic and foreign vessels. Upon examination of the statutes, however, the court is of opinion that…

2Cited by5 opinions

  1. Caribbean Federation Lines v. Karl Dahl and Hjalmar WiikCourt of Appeals for the Fifth Circuit · 1963
  2. Grant v. United StatesCourt of Appeals for the Ninth Circuit · 1893
  3. Nikolaos Ktistakis v. Liberian S.S. Star and National Shipping and Trading Corporation, and Star Steamship CorporationCourt of Appeals for the Fourth Circuit · 1962
  4. The Elswick TowerDistrict Court, S.D. Georgia · 1917
  5. Ex parte YoungOregon Supreme Court · 1900

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