Samuel Freeman Miller

“ The first question is, whether the second count of the indictment is bad as being in itself repugnant, and the four other questions relate to a similar repugnancy in the statute under which the indictment is framed. As the count to which the first question refers pursues the language of the statute, all the questions resolve themselves into the single one of whether the act, so far as it relates to altering and publishing forged or counterfeit notes of the United States, is itself void for repugnancy. ”

“ We speak, for instance, of 'false diamonds.' According to the criticism we are considering this phrase has no meaning, because if the stones spoken of are diamonds they cannot be false, and if they are false they cannot be diamonds. But any one understands the meaning to be false stones which purport to be diamonds, or false similitude of diamonds. ”

“ The offence is described as the passing of false, forged, or counterfeited notes or bounds issued under the authority of the statute. We are to give due weight to all the words employed in describing the instrument, and cannot reject the words false, forged, and counterfeited, if it is possible to adopt any reasonable construction which will permit them to stand. ”