Rosencrans v. United States
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF .THE. UNITED STATES FOR THE DISTRICT OF MONTANA. The act of February 22, 1889,.c. 180, 25 Stat. 676, 682, admitting Montana into the Union, provided that the State should constitute one judicial district, and that the sessions of the Circuit .and District Courts of the United States should be held at Helena, in Lewis and Clarke County, that being the capital of the State.
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ERROR TO THE CIRCUIT COURT OF .THE. UNITED STATES FOR THE DISTRICT OF MONTANA. The act of February 22, 1889,.c. 180, 25 Stat. 676, 682, admitting Montana into the Union, provided that the State should constitute one judicial district, and that the sessions of the Circuit .and District Courts of the United States should be held at Helena, in Lewis and Clarke County, that being the capital of the State. On July 20, 1892, the following act (c. 208) was passed, 27 Stat. 252: ■ “That the territory embraced within the following counties in the District of Montana, to wit: Beaverhead County, Mádison…
1Opinion of the CourtJustice Brewer
Counsel for defendant state that the main question for determination is one of jurisdiction: First, of the grand jury in the southern division of the District of Montana to find the indictment; and, second, whether, such indictment, having been found, the court had authority to remit it to the other division for trial.
It is insisted that the Circuit Court for the southern division had jurisdiction under the act of 1892 of only such offences as were committed within the limits, of the division ; that therefore the grand jury had no authority to find an indictment for an offence such as this,…
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