Davis

The appellant, having been convicted in the District Court of violating Section 5261, Title 46 U.S.C.A. The Motorboat Act of 1940, claims reversible error for the reasons (1) that the District Court had no jurisdiction of the subject .matter because the act charged occurred on waters not subject to the jurisdiction, of the United States, and (2) that the trial court instructed the jury that the waters of Lake Tahoe (the waters in suit) constitute navigable waters of the United States instead of submitting that issue to the jury as one of fact.

The Motorboat Act of 1940 is titled: “An Act to amend laws for preventing collisions of vessels, to regulate equipment of certain motorboats, on the navigable waters of the United States, and for other purposes.” and provides that: “No person shall operate any motorboat or any vessel in a reckless or negligent manner so as to endanger the life, limb, or property of any person.” and provides for penalties for the violation of this command.

Article I, § 8, Clause 3, of the United States Constitution provides: “The Congress shall have Power * * * To regulate Commerce * * * among the several States * * *.”

Article III, § 2, Clause 1, of the…