Samuel Freeman Miller

“ It is a little singular that there is no general statute designating any class of persons or officers who may in all cases administer the oaths required to be taken by the laws of the United States. There are many statutes regulating the administration of oaths in particular classes of cases, and specifying the person before whom the oath shall be made, but the persons are not a alwys the same. ”

“ It can hardly be supposed that a defendant indicted for perjury can be held to be guilty, unless the oath in regard to which the perjury is charged, was taken before an officer of some kind having due authority to administer the oath. ”

“ The indictment is diffuse and obscure, but it can perhaps be sufficiently ascertained from it that the offense charged against Hall is the false oath, intended to be used in procuring pay for services which the indictment charges were never rendered. It is alleged that the oath set forth in the affidavit was made before T. T. Tidball, a notary public, duly appointed, commissioned, and qualified as such, in and for the county of Monterey, Cal. ”