United States v. Ayres

Mr. J. S. Hale, special counsel for the United States, opposed the motion, contending that the act allowed both proceedings at the same time. And now, in this condition of the case, 'We shall not now undertake to give a construction of the several provisions of this section, which are new and anomalous, but shall leave that until cases of actual inconsistency or conflict may arise between the two modes of proceeding. So far as the present question is concerned, there is no great difficulty. The act expressly provides that the motion for a new trial may be made in the court below while the appeal from the judgment there is pending in this court. So far the section is clear; and, although it may be regarded as giving to the government a considerable advantage in the litigation, the power to give it by Congress, cannot, we suppose, be doubted.' The motion to dismiss was accordingly DENIED.