Foster v. United States

ALSCHULER, Circuit Judge.

The only question which this appeal presents is as to the validity of the Act of Con-egress of March 2, 1929, commonly known as the Jones Act (27 USCA §§ 91, 92). The 'contention is that, the proviso of the act de-j prives defendants of the right of trial by * jury, because the grade of offenses as therein [specified is to be determined by the court and . not by a jury. The act, after specifying for ' certain violations of the National Prohibition Law a maximum penalty of five years’ imprisonment or $10,000- fine, or both, continues : “Provided, That it is the intent…