by John Marshall Harlan

“ The certificate in the present case is objectionable upon the ground that it does not set forth propositions of law, clearly stated, which may be answered without reference to all the facts, but mixed questions of law and fact which require us to construe various acts of Congress, and, in the light of all the testimony in the case, determine whether the accused could be held guilty of any offense legally punishable by the United States. ”

“ Rep. 193; Waterville v. Van Slyke, 116 U.S. 699, 29 L. ed. 772, 6 Sup. Ct. Rep. 622; United States v. Rider, 163 U.S. 132, 41 L. ed. 101, 16 Sup. Ct. Rep. 983; United States v. Union P. R. Co. 168 U.S. 505, 42 L. ed. ”