Van Gesner v. United States

Citations

• 153 F. 46
• 82 C.C.A. 180
• 1907 U.S. App. LEXIS 4376

Syllabus

<p>1. Cbiminal Law — Review in Federal Courts — Election.</p> <p>In' a criminal case in a federal court which involves a constitutional question, after a judgment of conviction, the defendant is put to his election whether he will take the’ case direct to the Supreme Court of the-United States on such question, or take the whole case to the Circuit Court of Appeals, and, where he elects the former, a writ of error subsequently taken out to. the Circuit Court of Appeals will be dismissed.</p> <p>2. Public Lands — Regulations oe Land Department.</p> <p>The-Land Department of the United States has the power to make reasonable rules and regulations, not inconsistent with any valid law, for the purpose of giving effect to the provisions of the acts of Congress providing for the disposition of the public lands, which have the force and effect of law, and of which the courts take judicial notice.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 41, Public Lands,. S 288. ■</p> <p>Decisions of land department, their conclusiveness and effect, see note to Hartman, v. Warren, 22 C. C. A. 38Carson City Mining Co. v. North . Star Mining Co., -28 C. C. A. 344; Uriita Tunnel M. & T. Co. v. Creede &. C. O. M. & M. Co., 57 C. C. A. 207.]_-</p> <p>3. íeisjury — Public Lands — Application to Purchase — Timber and Stoke Act.</p> <p>Under Timber & Stone Act June 3, 1878, § 1, c. 131, 20 Stat. 89 [U. S. Comp. St. .1901, p. 1343], which requires applicants to purchase land thereunder to file a verified written statement, and after the required publication of notice to “furnish to the register of the Land Office satisfactory evidence'’ o£ certain facts, the regulations of llie Land Department, requiring such evidence to be in 1 lie form of depositions under oath, are in furtherance of the purposes of the statute aud valid, and false swearing in either the preliminary staiement or in such depositions constitutes the crime of perjurv and an offense against the United States, under