Legal Opinion

The Laura M. Starin

District Court, E.D. New York

Decided July 1, 1881Published

This was a suit, brought under section 44-65 of the Revised Statutes, to recover the penalty for violation of law in overcrowding passengers on steamers.*

1Opinion of the Court

Benedict, D. J.

All the questions raised by the exceptions to the libel in this case, unless it be that as to the constitutionality of the *178statute under which the libel is filed, — if such a question can be said to be fairly raised by any of these exceptions as framed, — appear to have been passed on by Judge Choate in the case of The Sea Bird, 3 Fed. Rep. 573. I agree with Judge Choate in his conclusions.

The question as to the constitutionality of the act is one that can be better passed on at the final hearing, and its consideration will therefore be reserved until that time.

All the…

2Cases cited4 opinions

  1. United States v. The QueenU.S. Circuit Court for the District of Southern New York · 1873
  2. United States v. The MissouriU.S. Circuit Court for the District of Eastern New York · 1872
  3. United States v. The QueenDistrict Court, S.D. New York · 1870
  4. The MissouriDistrict Court, E.D. New York · 1869

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