Melville Fuller

“ A case may be said to involve the construction or application of the constitution of the United States when a title, right, privilege, or immunity is claimed under that instrument, but a definite issue in respect of the possession of the right must be distinctly deducible from the record before the judgment of the court below can be revised, on the ground of error in the disposal of such a claim by its decision. ”

“ Motions to quash, to instruct the jury to find for the defendant, for a new trial, and in arrest of judgment were made, but in neither of them, so far as appears, not by any exception to rulings on the admission or exclusion of evidence, nor to instructions given or the refusal of instructions asked, was any suggestion made that defendant was being denied any constitutional right, or that the law under which he was indicted was unconstitutional. ”

“ Section 2 provides that every master and engineer on board of any boat or vessel who shall knowingly engage in towing any scow, boat, or vessel loaded with such prohibited matter to any point or place of deposit or discharge in the waters of the harbor of New York, or in its adjacent or tributary waters, or in those of Long Island Sound, or to any point or place elsewhere than within the limits defined by the supervisor of the harbor, shall be deemed guilty of a violation of the act, and punished as provided. ”