United States v. Breen

Lamar, Justice.

The question now for decision arises upon defendant’s demurrer to the indictment against him, which, in substance, al- , leges 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 *403then being clone hv the government upon the improvements being made; that the act further provided that…