William R. Day

“ The case was tried without a jury, to the district judge, who entered a decree dismissing the libel. The United States took an appeal to the circuit court of appeals, and, after consideration in that court, the decree dismissing the libel was reversed, and, upon the facts, a decree of condemnation in favor of the government was entered. (113 C. C. A. 457, 193 Fed. 589.) The claimant, the H. J. Keith Company, thereupon appealed to this court, and also sued out this writ of error to the same decree.
We are met at the outset with a question of jurisdiction. ”

“ Chief Justice Marshall, delivering the opinion of the court, said (p. 394) :
'By the act constituting the judicial system of the United States, the district courts are courts both of common law and admiralty jurisdiction. In the trial of all cases of seizure on land, the court sits as a court of common law. In cases of seizure made on waters navigable by vessels of 10 tons burthen and upwards, the court sits as a court of admiralty. In all cases at common law, the trial must be by jury. In cases of admiralty and maritime jurisdiction, it has been settled, in the cases of United States v. ”

“ At the trial the issues were narrowed so as to exclude filthy and putrid substances, leaving the charge to stand as to decomposed substance. Three hundred and forty-two cans were seized. The H. J. Keith Company appeared and claimed the goods, denying the charges concerning them. ”