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 THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 GIFT OF 
 
 HARRY G SADICOFF
 
 A TREATISE 
 
 ON 
 
 Federal Criminal Law 
 
 re 
 
 S OF INDICTMENT 
 
 AND 
 
 WRIT OF ERROR 
 
 AND 
 
 THE FEDERAL PENAL CODE 
 
 BY 
 
 WILLIAM H. ATWELL, 
 
 Ex. U. 8. Attorney, Dallas, Texas. 
 
 Southwestern University, 1889. 
 University of Texas, 1891. 
 
 Third Edition 
 
 Columbia, Missouri 
 E, W. STEPHENS PUBLISHING COMPANY 
 
 1922.
 
 Dedicated to that splendid character — my friend — the 
 Honorable Edward R. Meek, United States District Judge 
 for the Northern District of Texas. 
 
 T 
 At <v& *t
 
 Copyright 1911 
 William H. Atwell 
 
 Copyright 1916 
 William H. Atwell 
 
 Copyright 1922 
 William H. Atwell 
 
 S487S2
 
 PREFACE TO FIRST EDITION 
 
 The many years I have served as United States Attor- 
 ney have convinced me that the majority of the bar will 
 welcome a sort of compendium of Federal Law and Pro- 
 cedure and indictment forms, that may be of instant as- 
 sistance to them, when called into a criminal case in the 
 Federal Court. 
 
 No especial claim of originality is made for the pages 
 that follow. Keference books, annotations, dictionaries, 
 encyclopedias, and reports of the Courts have been fre- 
 quently and studiously consulted. A great portion of 
 the work, however, has been taken from my own anno- 
 tations, made during my service as an official. 
 
 In the preparation of the volume, I have been conscien- 
 tiously aided by my clerk and private secretary, Mr. J. 
 A. Lantz. 
 
 The book is offered with the prayer that the labor of 
 some fellow attorney may be somewhat lightened. 
 
 Yours verv earnestly, 
 
 WILLIAM H. ATWELL. 
 August 1, 1910. 
 
 PREFACE TO SECOND EDITION 
 
 In 1910 the first edition of my work on Federal Crimi- 
 nal Law was published. It was generously received by 
 the profession. Many complimented it — a few criticized 
 it. The five years that have passed since then have been 
 fat with decisions. I have tried to cite, and believe I 
 have cited, in the present volume, all of these new de- 
 cisions. I have also added another chapter on Practice 
 Suggestions. 
 
 In this book should be found, if not all of the decided 
 law with reference to a statute, a quick index to where 
 
 V
 
 vi PREFACE. 
 
 sucli law may be found, and this is often all the busy, 
 painstaking lawyer wants. 
 
 WILLIAM H. ATWELL. 
 Dallas, Texas, March 1, 1916. 
 
 PREFACE TO THIRD EDITION. 
 
 Congresses and courts have been working so rapidly 
 since the publication of my Second Edition, in 1916, 
 that this Third Edition is necessary. 
 
 Regardless of political opinions it may be conceded 
 that the hegemony of the Federal Court is at hand. 
 
 That those who enter that tribunal may find some as- 
 sistance here is my prayer. 
 
 WILLIAM H. ATWELL. 
 Dallas, Texas, April 1, 1922.
 
 ALPHABETICAL TABLE OF CASES. 
 
 EXPLANATION. 
 
 (The following table of cases shows cases cited in this volume; 
 if a case is cited more than once there will he a semi-colon between the 
 first and second citations. The letter P means the page in this volume 
 that the case will be found; thus, Wetzel v. U. S., 233 F. 904, p. 246, 
 means that Wetzel v. U. S. shown at 233 F. page 904, will be found in 
 Atwell's Federal Criminal Law at page 246 of this volume.) 
 
 Abbate v. U. S., 270 F. 735, p. 508. 
 
 Ackley v. U. S., 200 F. 218, p. 175. 
 
 Aczel v. U. S., 232 F. 652, p. 44. 
 
 Adams Express Co v. Key, U. S. Sup. Ct., May 13, 1907, p. 574. 
 
 Adams v. New York, 192 U. S. 575; 192 U. S. 586; 192 U. S. 585; 
 
 Law Ed. p. 64; 65; 67. 
 Adams v. U. S., 259 F. 214, p. 248. 
 Adler v. U. S., 182 F. 464, p. 60; 81; 182 F. 464. 
 Agnen v. U. S., 165 U. S. 36, p. 603; 42. 
 Alerta v. Moran, 9 Cranch 359, p. 420. 
 Alexander v. U. S., 57 F. 830, p. 133. 
 Alexis v. U. S., 129 F. 60, p. 163. 
 Allen v. U. S., 115 F. 4, 194 F. 664, p. 71; 286. 
 Allis v. U. S., 155 U. S. 117; 155 U. S. 123; p. 142; 92. 
 Ammerman v. U. S., 185 F. 1; 216 F. 326; 185 Fed. 1; 267 F. 136, 
 
 p. 283; 57; 72; 112. 
 American Express Co. v. Iowa, 196 U. S. 133, p. 574. 
 American Lithographic Co. v. Werckeister, 102, 21 U. S. 603, p. 14. 
 American School v. McAnnulty, 187 U. S., 104, p. 198. 
 American Slate Co. v. O'Halloran, 229 F. 77, p. 141. 
 American Steel Co. v. Davis, 261 F. 800, p. 47. 
 Amos v. U. S., 41 Sup. Ct. Rep. 266, p. 6. 
 Anderson v. Moyer, 193 F. 499, p. 144. 
 Anderson v. Patten, 247 F. 382, p. 247. 
 Anderson v. U. S., 170 U. S. 510, 42 Law Ed. 1126, 273 F. 21; 269 F. 65; 
 
 260 F. 55, p. 535; 44; 56; 36. 
 Andrews v. U. S., 224 F. 418, 162 U. S. 420, p. 171; 418; 134; 234. 
 Anduaga v. U. S., 254 F. 61, p. 51. 
 Angelus v. Sullivan, 246 F. 54, p. 234. 
 Anzine v. U. S., 260 F. 827, p. 235. 
 Apgar v. U. S., 255 F. 16, p. 20. 
 Appleby v. Chiss, 160 F. 984, p. 202. 
 Arver v. U. S., 245 U. S. 366, p. 234. 
 Athanasaw v. U. S., 227 U. S. 326, p. 640. 
 Atwell v. U. S., 162 F. 97, p. 110. 
 August v. U. S., 257 F. 388, p. 75; 126. 
 Ayala v. U. S., 268 F. 296, p. 44. 
 
 (vii)
 
 viii Table of Cases. 
 
 Babcock v. U. S., 34 F. 873, p. 287. 
 
 Badders v. U. S., 240 U. S. 391, p. 56; 200 U. S. Supt. Ct., 1916. 
 
 Bachanan v. U. S., 233 F. 257, p. 432. 
 
 Back v. State, 62 Ala. 432, p. 209. 
 
 Baender v. U. S., 260 F. 832, p. 262. 
 
 Baer v. Rooks, 50 F. 898, p. 90. 
 
 Bailey v. State of Ala., 219 U. S. 219, p. 522. 
 
 Bailey v. U. S., 259 F. 88, p. 573. 
 
 Bain v. U. S., 262 F. 664, p. 618; 69. 
 
 Baird v. U. S., 196 F. 778, p. 654. 
 
 Balcom v. U. S., 259 F. 779, p. 82. 
 
 Baldwin v. U. S., 238 F. 794, p. 509. 
 
 Baldwin v. Frank, 120 U. S. 678, p. 439. 
 
 Baldwin v. Pacific, 199 F. 291, p. 125. 
 
 Balke v. Moyer, 206 F. 559, p. 99. 
 
 Ball v. U. S., 163 U. S. 663, 41 Law Ed. 300, 147 F. 32, 162 U. S. 
 
 662, 136, 35 Law. Ed. 384, p. 533, p. 103; 40; 100. 
 Ballard v. U. S., 245 F. 837, 237; p. 113, p. 573. 
 Ballew v. U. S., 160 U. S. 195, p. 99. 
 Balliet v. U. S., 129 F. 689, p. 19; 40. 
 Ballman v. Fagin, 200 U. S. 195, p. 13. 
 Bandy v. U. S., 245 F. 100, p. 118. 
 Bank v. British N. America, 91, N. Y. 110, p. 592. 
 Bank of U. S. v. Moss., 6 Howard, 38, p. 99. 
 Bank v. Whitman, 100 U. S. 689; 94 U. S. 343, p. 592. 
 Barber v. U. S., 35 F. 886, p. 289. 
 Barbot v. U. S., 273 F. 919, p. 509. 
 Bark v. Piatt, 172 F. 777, p. 594. 
 Bardick v. U. S., 236 U. S. 79, p. 651, 211 F. 493. 
 Barnap v. U. S., 40 Sup. Ct. Rep., 374, p. 308. 
 Barnes v. U. S., 166 F. 113, p. 177. 
 109 Barrels of Whiskey v. U. S., 94 U. S. 86, p. 578. 
 Bartel v. U. S., 227 U. S. 427, p. 179. 
 Bartlett v. U. S., 106 F. 885, p. 19. 
 Barton v. U. S., 202 U. S. 344, p. 220. 
 Baskin v. U. S., 149 F. 740, p. 284. 
 Bassett v. U. S., 9 Wallace 38, p. 97. 
 Bates v. Breble, 151 U. S. 149, p. 246. 
 Bates v. U. S., 269 F. 563, p. 134. 
 
 Battle v. U. S., 209 U. S. 36, 52 Law Ed. 671, p. 530. 
 Batts v. U. S., 273 F. 35, p. 241. 
 Bayland v. State, 69 Md. 170, p. 209. 
 Beavers v. Henkel, 194 U. S. 87, p. 28. 
 Beavers v. Haubert, 198 U. S. 86, p. 19. 
 Becharias v. U. S., 208 F. 143, p. 376. 
 Beckerman v. U. S., 267 F. 185, p. 462. 
 Belden v. U. S., 223 F. 726, p. 735. 
 Benbrook v. U. S., 186 F. 153, p. 575. 
 Eelfi v. U. S., 259 F. 822, p. 235. 
 Belknap v. U. S., 150 U. S. 588, p. 98. 
 Bennett v. State, 225 S. W. 375, p. 76. 
 Bennett v. U. S., 194 F. 630, p. 639. 
 Benson v. McMahon, 127 U. S. 457, p. 236. 
 Benson v. U. S., 240 F. 413, p. 45. 
 Bentall v. U. S., 262 F. 744; p. 242; 595. 
 Berg v. Bas. Co. & Harrison, U. S. Supt. Ct., Oct. 1916, Mar. 16. 1917. 
 
 p. 415.
 
 Table of Cases. ix 
 
 Bergen v. Shaw, 249 F. 466, p. 82. 
 
 Bergin v. State, 188 S. W. 423, p. 20. 
 
 Bernard v. Lea, 210 F. 583, p. 119. 
 
 Bernstein v. U. S., 238 F. 923, p. 365; 95. 
 
 Berry v. Seawall, 65 F. 744, p. 133. 
 
 Berry v. U. S., 275 F. 680, p. 8. 
 
 Berryman v. U. S., 259 F. 200, p. 475. 
 
 Bese v. U. S., 144 F. 374, p. 542. 
 
 Betts v. U. S., 132 F. 228, p. 197; 132 F. 240, p. 57. 
 
 Bettman v. U. S., 224 F. 819, p. 201. 
 
 Beyer v. U. S., 251 F. 40, p. 636. 
 
 Biggerstaff v. U. S., 260 F. 926, p. 43; 635. 
 
 Billingsly v. U. S., 178 F. 653, p. 602. 
 
 Billingsley v. U. S., 274 F. 86, p. 241. 
 
 Bingham v. Bradley, 241 U. S. 511, p. 129. 
 
 Blackman v. U. S., 250 F. 449, p. 95, 202 F. 98, 105, p. 198. 
 
 Blackstone v. U. S., 261 F. 150, p. 635. 
 
 Blake v. U. S., 71 F. 286, p. 292. 
 
 Blanc v. U. S., 258 F. 921, p. 10. 
 
 Blair v. U. S., 250 U. S. 273, p. 18; 233. 
 
 Blanton v. U. S., 186 F. 965, p. 199. 
 
 Bliss v. U. S., 105 F. 508, p. 256. 
 
 Blisse v. U. S., 263 F. 961, p. 126. 
 
 Blitz v. U. S., 153 U. S. 308, p. 133. 
 
 Blunt v. U. S., 255 F. 332, p. 509. 
 
 Bolland v. U. S., 238 F. 529, p. 360. 
 
 Bomharger v. U. S., 219 F. 841, p. 176. 
 
 Bonfoey v. U. S., 253 F. 802, p. 199. 
 
 Booners v. U. S., 257 F. 963, p. 600. 
 
 Boone v. U. S., 257 F. 963, p. 57. 
 
 Booth v. U. S., 139 F. 252; 154 F. 836, p. 196; 87. 
 
 Boren v. U. S., 144 F. 801, p. 706. 
 
 Bosselman v. U. S., 239 F. 82, p. 301. 
 
 Botsford v. U. S., 215 F. 510, p. 174. 
 
 Bowes v. U. S., 229 F. 960, p. 178. 
 
 Bowers v. U. S., 148 F. 379, p. 162. 
 
 Boyd v. U. S., 116 U. S. 616, p. 15. 
 
 Boyle v. U. S., 259 F. 803, p. 235. 
 
 Brace v. U. S., 149 F. 871, p. 282. 
 
 Bradford v. U. S., 129 F. 49, p. 371. 
 
 Bradley v. U. S., 264 F. 79, p. 625. 
 
 Bram v. U. S., 168 U. S., 532, 42 Law Ed. 568, p. 62. 
 
 Bridgment v. U. S., 140 F. 577, p. 359. 
 
 Brinkman v. Morgan, 253 F. 553, p. 655. 
 
 Bromberger v. U. S., 128 F. 346, p. 161. 
 
 Brookerson v. State, 225 S. W. 375, p. 76. 
 
 Brooks v. U. S., 146 F. 223, p. 197. 
 
 Brownson v. Schulter, 104 U. S. 410, p. 99. 
 
 Brown v. U. S., 150 U. S. 93, 148 F. 379; 143 F. 60; 143 F. 60; 260 F. 
 
 752; 257 F. 703; 233 F. 353; 724, p. 248; p. 439; 168; 2; 606; 189; 
 
 54; 235. 
 Brown v. Walker, 161 U. S. 591, p. 107. 
 Breece v. U. S., 106 F. 686, 127 F. 761, 226 U. S. 1, p. 42. 
 Bruce v. U. S., 202 F. 98, 105, p. 792. 
 Bryant v. Robinson, 149 F. 321, p. 247. 
 
 Bryant v. U. S., 105 U. S. 941, p. 387; 91; 238, 257 F. 383; 257, 386. 
 Brzezinski v. U. S., 198 F. 65, p. 280. 
 Buessell v. U. S., 258 F. 811, p. 120. 
 Burdick v. U. S., 236 U. S. 79, p. 17. 
 Burrell v. Montana, 194 U. S. 578, p. 13. 
 Burton v. U. S., 196 U. S. 283, p. 327.
 
 x Table of Cases. 
 
 c. 
 
 C. v. Burk, 105 Mass. 376, p. 538. 
 
 C. v. Delaney, 1 Grant p. a. 224, p. 366. 
 
 C. v. Kingsbury, 5 Mass. 106, p. 366. 
 
 Caldwell v. Parker, U. S. Sup. Ct., Apr. 1920, p. 248. 
 
 Caha v. U. S., 152 U. S. 211, p. 281. 
 
 Caldwell v. U. S., 256 F. 805, p. 181. 
 
 Callan v. Wilson, 127 U. S. 549, p. 80. 
 
 Callahan v. Chicago, 158 F. 988, p. 84. 
 
 Callahan v. U. S., 240 F. 683, p. 538. 
 
 Cameron v. U. S., 192 F. 548, p. 17; 108. 
 
 Caminetti v. U. S., U. S. Sup. Ct. Nov. 1916, p. 636. 
 
 Campbell v. U. S., 221 F. 186, p. 142. 
 
 Cannetto v. U. S., 275 F. 42, p. 617. 
 
 Cannon v. U. S., 116 U. S. 55, 29 Law Ed. 561, p. 563. 
 
 Cape Fear, etc., v. Pearsal, 90 F. 437, p. 133. 
 
 Carlisle v. U. S., 194 F. 830; 194 F. 827; p. 72; 133. 
 
 Carey v. U. S., 265 F. 515, p. 635. 
 
 Carpenter v. Winn, 221 U. S. 533, p. 69. 
 
 Carter v. McClaugry, 183 U. S. 365; p. 220; 365. 
 
 Caryle v. U. S., 16 Wallace 147, p. 408. 
 
 Castle v. Lewis, 254 F. 917, p. 105. 
 
 Chadwick v. U. S., 141 F. 225, p. 238. 
 
 Chadwoski v. U. S., 194 F. 858, p. 616. 
 
 Chambers v. U. S., 237 F. 513; p. 76; 84; 201. 
 
 Chambliss v. U. S., 218 F. 154, p. 86. 
 
 Champion v. Ames, 188 U. S. 321, 47 Law Ed. 492, 95 F. 453; p. 207, 
 
 447; 448. 
 Charles v. U. S., 213 F. 707; 213 F. 717; 183 F. 566, p. 193; 301; 621. 
 Chavez v. U. S., 261 F. 174, p. 433. 
 Chelson v. Hoyt, 3 Wheat, 245, 4 Law Ed. 381, p. 286. 
 Chen Kee v. U. S., 196 F. 74, p. 115. 
 Chicago v. Giles, 235 F. 804, p. 454. 
 Chicago, etc., Railroad v. Chicago, 166 U. S. 226, 41 Law Ed. 979, p 
 
 432. 
 Chinese Laborers Case, 13 F. 291, p. 551. 
 Chin v. U. S., 118 F. 543; 264 F. 639, p. 76; 92. 
 Chin Fong, 258 F. 849, p. 117. 
 Chin Sing v. U. S., 227 F. 397, p. 630. 
 Chin Yah v. Caldwell, 187 F. 592, p. 115. 
 Chin Yow v. U. S., 208 U. S. 8; 52 Law Ed. 369, p. 105. 
 Chitwood v. U. S., 153 F. 551, p. 163. 
 Christopoula v. U. S., 230 F. 788; 230 F. 789, p. 44; 301. 
 Ciafridini v. U. S., 266 F. 471, p. 122. 
 
 Cincinnati v. Kentucky, U. S. Sup. Ct. Apr. 1920, p. 645. 
 Clark v. U. S., 211 F. 916; 202 F. 740; 211 F. 917; 245 F. 112; 265 F. 
 
 104; 269 F. 329, p. 82; 175; 179; 201; 382; 459. 
 Clark v. Express Co., U. S. Sup. Ct. Jan. 1917, p. 507. 
 Clay v. Waters, 178 F. 385, p. 618. 
 Cling v. U. S., 118 F. 538, p. 367. 
 Clinton v. Englebrecht, 80 U. S. 449, 13 Wallace, 20 Law Ed. 650, p. 
 
 53. 
 Clune v. U. S., 159 U. S. 590; p. 133; 155; 363. 
 Coastwise Lumber Co. v. U. S., 259 F. 849, p. 68. 
 Cochran v. U. S., 147 F. 206, 157 U. S. 293, p. 104; 604. 
 Coffee v. U. S., 116 U. S. 445, 29 Law Ed. 684; p. 577. 
 Coffey v. U. S., 116 U. S. 436, p. 286. 
 Coffin v. U. S., 156 U. S. 862; 156 U. S. 445; 156 U. S. 432; p. 91; 93; 
 
 248.
 
 Table op Cases. xi 
 
 Cohen v. U. S., 214 F. 32; 157 F. 651; 170 F. 715; 214 F. 23; p. 59; 
 
 124; 280; 288; 641. 
 Cohn V. U. S., 258 F. 353, p. 462. 
 Cole v. U. S., 269 F. 250, p. 274. 
 Coleman v. State, 44 Tex. 109, p. 118. 
 Coleman v. U. S., 268 F. 468, p. 294. 
 Collins v. U. S., 253 F. 609; 219 F. 671; p. 123; 141. 
 Colt v. U. S., 190 F. 305, p. 197; 305. 
 Commonwealth v. Culver, 126 Mass. 464, p. 60. 
 Commonwealth v. Davine, 155 Mass. 224; 29 N. E. 515, p. 288. 
 Commonwealth v. Jackson, 132 Mass. 16, p. 87. 
 Com. v. Tuck, 20 Pick. 356, p. 152. 
 Com. v. Stebbins, 8 Gray, Mass. 492, p. 237. 
 Connors v. U. S., 158 U. S. 408, p. 122. 
 Conrod v. U. S., 127 F. 798, p. 155; 371. 
 
 Cook County Nat. Bank v. U. S., 107 U. S. 445, 27 Law Ed. 537, p. 318. 
 Cook v. U. S., 138 U. S. 185, 34 Law Ed. 906, p. 528. 
 Coomeer v. U. S., 213 F. 2, p. 179. 
 Cooper v. U. S., 247 F. 45, p. 43. 
 Corenman v. U. S., 188 F. 424, p. 133. 
 Corley v. State, 50 Ark. 305, p. 60. 
 Counselman v. Hitchcock, 142 U. S. 547, p. 617. 
 Couture v. U. S., 265 F. 525, p. 236. 
 Coyne v. U. S., 246 F. 120, p. 113. 
 Crane v. U. S., 259 F. 480, p. 201. 
 Crain v. U. S., 162 U. S. 625, p. 49. 
 Creekmore v. U. S., 237 F. 734, p. 35. 
 
 Cross v. North Carolina, 132 U. S. 140, 33 Law Ed. 287, p. 569; 645. 
 Culver v. U. S., 257 F. 63, p. 237. 
 Cummins v. U. S., 238 F. 844, p. 599. 
 Curley v. U. S., 130 F. 1, p. 344. 
 Cutting v. Van Fleet, 252 F. 100, p. 34. 
 Curtis Publishing Co. v. Fed. 270 F. 881, p. 149; 235. 
 
 D. 
 
 Dahl v. U. S., 234 F. 618, p. 365. 
 
 Dalton v. U. S., 154 F. 61, p. 197. 
 
 Danciger v. Cooley, U. S. Sup. Ct. Jan. 7, 1919; p. 453. 
 
 Danciger v. Stone, 188 F. 511, p. 452. 
 
 Daniels v. U. S., 196 U. S. 459; 196 F. 459, p. 280; 616. 
 
 David v. Beason, 133 U. S. 33, p. 559. 
 
 Davis v. Beason, 133 U. S. 333, 33 Law Ed. 637, p. 174. 
 
 Davis v. State, 138 Ind. 11, p. 71. 
 
 Davis v. U. S., 274 F. 928; 247 F. 394; 107 F. 753; p. 4; 26; 430. 
 
 Davy v. U. S., 208 F. 238, p. 301. 
 
 Day v. U. S., 229 F. 534, p. 573. 
 
 Dean v. U. S., 266 F. 694, p. 510. 
 
 Debs v. U. S., 249 U. S. 211, p. 181. 
 
 DeBarr, 179 U. S., 320, p. 195. 
 
 DeFour v. U. S., 260 F. 597, p. 247. 
 
 Degnan v. U. S., 271 F. 291, p. 88. 
 
 DeLomos v. U. S., 91 F. 497, p. 255. 
 
 DeMoss v. U. S., 250 F. 87, p. 89; 507. 
 
 Denning v. U. S., 247 F. 463, p. 641. 
 
 DeOrzco v. U. S., 237 F. 1008, p. 51. 
 
 Dernberger v. B. & O. 243 F. 21, p. 238. 
 
 Dewitt v. Skinner, 232 F. 444, p. 246. 
 
 Dexter v. Kellas, 113 F. 48, p. 127. 
 
 Dickinson v. U. S., 159 F. 801, p. 79.
 
 xii Table of Cases. 
 
 Diggs v. U. S., 220 F. 546; 220 F. 545, p. 118; 640. 
 
 Dill v. U. S., 152 U. S. 539, p. 372. 
 
 Dimmick v. U. S., 116 F. 825; 135 F. 257; 121 F. 638; 116 F. 825; 121 
 
 F. 638; p. 71; 229; 317; 359; 412. 
 Ding v. U. S., 246 F. 80; p. 117; 233. 
 Dobbins Distillery Co. v. U. S., 96 U. S. 395. 
 Dodge v. U. S., 258 F. 300, p. 91. 
 Doe v. U. S., 253 F. 903, p. 182. 
 Dolan v. U. S., 133 F. 444; p. 54; 57; 94. 
 Donnell Co. v. Wyman, 156 F. 415, p. 202. 
 Doremus v. U. S., 262 F. 849, p. 510. 
 Dorsey v. U.S., 101 F. 746, p. 603. 
 
 Doss v. Tyack, 14 Howard 296, 14 Law Ed. 428, 14 F. 296, p. 53; 54. 
 Dow v. U. S., 82 F. 904; 226 F. 145, p. 117; 604. 
 Doyle v. Union Pacific R. R. Co., 147 U. S. 430, p. 92. 
 Dreier v. U. S., 221 U. S. 394, p. 16. 
 Drew v. Thaw, U. S. Sup. Co. Oct. Term, 1914, 235 U. S. 432; p. 107; 
 
 547. 
 Duff v. U. S., 185 F. 101, p. 582. 
 Dukes v. U. S., 275 F. 142, p. 9. 
 
 Dunn v. State, 224 S. W. 893, 40 111. 465; p. 20; 209. 
 Dunn v. U. S., 238 F. 508, p. 20. 
 Dunlop v. U. S., 165 U. S. 486; p. 172; 238. 
 Duplex v. Deering, 41 Sup. Ct. Rep. 173; 252 F. 722; 41 Sup. Ct. 172, 
 
 p. 141; 236; 367. 
 Durland v. U. S., 161 U. S. 306, p. 191. 
 Durst v. U. S., 266 F. 65, p. 475. 
 Dusold v. U. S., 270 F. 574, p. 508. 
 Duvall v. Dyche, 275 F. 440, p. 507. 
 Duvall v. U. S., 154 U. S. 548, p. 422. 
 Dwinnel v. U. S., 186 F. 754, p. 364. 
 Dyar v. U. S., 186 F. 620; 106 F. 623, p. 87; 101; 198. 
 Dye v. U. S., 262 F. 6; p. 122; 242; 365. 
 Dyer v. U. S., 179 F. 160, p. 133. 
 
 E. 
 
 Easterday v. McCarthy, 256 F. 651, p. 366. 
 Easton v. The State, 188 U. S. 200, 47 Law Ed. 456, p. 645. 
 Eber v. U. S., 234 F. 221, p. 119. 
 Edelstein v. U. S., 149 F. 642, p. 13. 
 Edgington v. U. S., 164 U. S. 361, 41 Law Ed. 467, p. 85. 
 Edwards v. U. S., 226 F. 848; 259 F. 686, p. 201; 382. 
 Elder v. U. S., 243 F. 84, p. 84. 
 Eisenberg v. U. S., 261 F. 598, p. 58; 75. 
 Ellis v. State, 65 Miss. 44, 7 Am. 634, p. 60. 
 Elmer v. U. S., 260 F. 646, p. 76. 
 Elrod v. U. S., 266 F. 55, p. 635. 
 Klvvell v. U. S., 275 F. 775, p. 7. 
 Kmeralds v. U. S., 154 F. 839, p. 659. 
 Emanuel v. U. S., 196 F. 317; p. 53; 197. 
 Enders v. U. S., 188 F. 75, p. 588. 
 Ennis v. U. S., 154 F. 842, p. 161. 
 England v. U. S., 272 F. 102, p. 635. 
 
 Epstein v. U. S., 271 F. 282; 196 F. 354, p. 5; 8; 131; 284.. 
 Erbaugh v. U. S., 173 F. 434, p. 190. 
 Erhardt v. U. S., 268 F. 326, p. 91. 
 
 Espy v. Bank of Cincinnati, 18 Wallace 619, p. 592. 
 Estes v. U. S., 227 F. 818, p. 659. 
 
 Evans v. Trenton Zab, 764; 153 U. S. 584; 153 U. S. 507; p. 177; 312; 
 603.
 
 Table of Cases. xiii 
 
 Ewing v. U. S., 136 F. 53; 240 F. 241, p. 189; 52. 
 
 Exparte Avery, 235 F. 248, p. 234. 
 
 Exparte Bain, 121 U. S. 13, p. 9. 
 
 Exparte Beck, 245 F. 967, p. 120. 
 
 Exparte Blodget, 192 F. 73, p. 106. 
 
 Exparte Birdsey, 244 F. 972, p. 129. 
 
 Exparte Bohnian, et. al., 4 Cranch 75, p. 408. 
 
 Exparte Byers, 32 F. 404, p. 529. 
 
 Exparte Calloway, 246 F. 263, p. 234. 
 
 Exparte Caset, 18 F. 86, p. 97. 
 
 Exparte Chin, 224 F. 138, p. 117. 
 
 Exparte Charlton, 185 F. 880, p. 128; 547. 
 
 Exparte Cohen, 245 F. 667, p. 234. 
 
 Exparte Clark, 100 U. S. 399, p. 438. 
 
 Exparte Crookshank, 269 F. 980, p. 645. 
 
 Exparte Crowley, 268 F. 1016, p. 129. 
 
 Exparte Curtis, 106 U. S. 371, Lawyers Cooperative Edition, Book 27, 
 
 page 232, p. 324. 
 Exparte Doran, 32 F. 76, p. 187. 
 Exparte Fairbanks Co., 194 F. 978, p. 135. 
 Exparte Finegan, 270 F. 665, p. 508. 
 Exparte Flores, 272 F. 783, p. 118. 
 Exparte Friday, 43 F. 916; 43 F. 920, p. 98; 158. 
 Exparte Gerlach, 247 F. 616, p. 234. 
 Exparte Geisler, 50 F. 411, p. 651. 
 Exparte Gilmore, 11 Cal. 624, p. 98. 
 Exparte Glenn, 111 F. 261, p. 11. 
 Exparte Graves, 269 F. 461, p. 105. 
 Exparte Graham, 215 F. 813, p. 128; 548. 
 Exparte Gregory, 210 F. 680, p. 116. 
 Exparte Harvell, 76 F. 997, p. 47. 
 Exparte Hibbs, 261 F. 421, p. 222. 
 Exparte Lair, 177 F. 789, p. 632. 
 Exparte Lamar, 274 F. 160, p. 248. 
 Exparte Lange, 18 Wallace 163, p. 97. 
 Exparte Lennon, 150 U. S. 393, p. 372. 
 Exparte Loo, 210 F. 995, p. 178. 
 
 Exparte Lyman, 247 F. 611; 202 F. 303; p. 95; 304; 374. 
 Exparte Jackson, 96 U. S. 727; 263 F. 110, p. 5; 313. 
 Exparte Jin Hing, 211 F. 73, p. 106. 
 Exparte King, 246 F. 848, p. 120. 
 Exparte Houghton, 8 F. 897, p. 250. 
 
 Exparte Hudgings, 39 Sup. Ct. Rep. 331, 249 U. S. 378, p. 3; 35. 
 Exparte McCusky, 40 F. 74, p. 9. 
 Exparte McLeod, 120 F. 10, p. 300. 
 Exparte Mitchell, 256 F. 229, p. 117. 
 Exparte Montgomery, 244 F. 967, p. 129. 
 Exparte Orocco, 201 F. 106, p. 414. 
 Exparte Peake. 144 F. 1020, p. 99. 
 Exparte Peters, 12 F. 46, p. 152. 
 Exparte Robinson, 19 Wallace 505, p. 300. 
 Exparte Riggins, 134 F. 404, p. 437. 
 Exparte Scherer, 195 F. 334, p. 128. 
 Exparte Shores, 195 F. 627, p. 304. 
 Exparte Snow, 120 U. S. 274, 30 Law Ed. 658, p. 563. 
 Exparte Siebold, 100 U. S. 371, p. 438. 
 Exparte Thaw, 209 F. 954; 214 F. 423, p. 101; 128. 
 Exparte Tongue, 29 Oregon 48, p. 296. 
 Exparte U. S., 242 U. S. 27, p. 97. 
 Exparte Uppercu, 239 U. S. 435, p. 246.
 
 xiv Table of Cases. 
 
 Exparte Wizua, 188 F. 541, p. 129; 548. 
 
 Exparte Virginia, 100 U. S. 339; 25 Law Ed. 676, p. 432. 
 
 Exparte Waterman, 33 F. 29, p. 97. 
 
 Exparte Westbrook, 250 F. 637, p. 467. 
 
 Exparte Wilson, 114 U. S. 423, p. 9. 
 
 Exparte Yarbrough, 10 U. S. 651; 28 Law Ed. 274, p. 428. 
 
 Exparte Young, 211 F. 371; 211 F. 370, p. 115; 118. 
 
 Exparte Zentner, 188 F. 344, p. 548. 
 
 F. 
 
 Falls v. U. S., 209 F. 547, p. 198. 
 
 Fane v. U. S., 209 F. 525, p. 198. 
 
 Farley v. U. S., 269 F. 721; p. 96; 241; 507. 
 
 Faraone v. U. S., 259 F. 507, p. 577. 
 
 Farmers National Bank v. Deering, 91 U. S., 33, p. 590. 
 
 Faulkner v. U. S., 157 F. 840, p. 197. 
 
 Faust v. U. S., 163 U. S., 452, p. 227. 
 
 Feder v. U. S., 257 F. 694, p. 366. 
 
 Felix v. U. S., 186 F. 685, p. 432. 
 
 Felton v. Spiro, 78 F. 576, p. 133. 
 
 Feely v. U. S., 236 F. 903, p. 243. 
 
 Feener v. U. S., 249 F. 425, p. 248. 
 
 Ferry v. U. S., 120 F. 483, p. 578. 
 
 Field v. U. S., 137 F. 6, p. 614. 
 
 Fielder v. U. S., 227 F. 832, p. 243. 
 
 Filasto v. U. S., 21 F. 329, p. 641. 
 
 Filer v. U. S. Steele, 228 F. 242, p. 106. ■ 
 
 Fillipon v. U. S., 231 F. 561, p. 201. 
 
 Findley v. Treat, 205 U. S. 20; also 131 F. 968, p. 46. 
 
 Finley v. U. S., 261 F. 850, p. 378. 
 
 Finnegan v. U. S., 231 F. 561, p. 201. 
 
 Firpo v. U. S., 261 F. 850, p. 378. 
 
 First Nat. Bank of Anamoose v. U. S. 206 F. 374, p. 452. 
 
 First v. Mercantile, 273 F. 119, p. 600. 
 
 Firth v. U. S., 253 F. 37, p. 239. 
 
 Firth Sterling Steel Co. v. Bethelem Steel Co., 199 F. 353, p. 66. 
 
 Fisch v. U. S., 274 F. 208, p. 507, 
 
 Fischer v. Palmer, 259 F. 355, p. 233. 
 
 Fish v. U. S., 215 F. 545; 215 F. 544; p. 72; 74. 
 
 Fisher v. U. S., 266 F. 667, p. 635. 
 
 Fitzpatrick v. U. S., 178 U. S. 307, p. 9. 
 
 Fitzsimmons v. U. S., 156 U. S. 477, p. 212. 
 
 Flagg v. U. S., 233 F. 481, p. 5; 63. 
 
 Fleck v. U. S., 265 F. 617, p. 462. 
 
 Fletcher v. State, 49 Ind. 124, p. 71. 
 
 Flickenger v. U. S., 150 F. 1, p. 603. 
 
 Floren v. U. S., 186 F. 961, p. 176. 
 
 Flynn v. People, 222 111. 309, p. 19. 
 
 Foley v. U. S., 241 F. 587, p. 76. 
 
 Pontana v. U. S., 262 F. 283, p. 179. 
 
 Ford v. U. S., 259 F. 553; 260 F. 657; 272 F. 491; 259 F. 552. p. 18; 239. 
 
 Foreman v. U. S., 255 F. 621, p. 510. 
 
 Foster v. U. S., 256 F. 207; 253 F. 481; 165 C. C. A; 188 F. 305, p. 81; 
 
 93; 123; 182; 228. 
 Foss V. U. S., 266 F. 881, p. 302. 
 Four Hundred etc., v. U. S., 226 U. S. 173, p. 621. 
 Pox v. Ohio. 5 Howard U. S. 434, p. 11. 
 POX v. State, 5 Howard 432, p. 561. 
 Fraina v. D. S., 255 P. 28, p. 182; 213.
 
 Table or Cases. • xv 
 
 France, et al, v. U. S., 164 U. S. 674; 41 Law Ed. 595; 164 U. S. 676; 
 
 41 Law Ed. 595; 164 U. S. 696, p. 206; 372. 
 Francis v. IT. S., 152 F. 157; 153 F. 155; 188 U. S. 375; 47 Law Ed. 510. 
 
 p. 99; 197; 448. 
 Frank v. Mangum, U. S. Sup. Ct., Oct. Term, 1914, p. 106. 
 Franklin v. U. S., 216 U. S. 559; U. S. Sup. Ct., Oct. Term, 1909, p. 
 
 359; 543. 
 Frankfurt v. U. S., 231 F. 903, p. 617. 
 Freed v. U. S., 266 F. 1012; p. 118; 635. 
 Freeman v. U. S., 244 F. 22; 237 F. 815; 227 F. 734; 227 F. 732; p. 12; 
 
 26; 144; 201; 245. 
 Freedman v. U. S., 274 F. 603, p. 462. 
 Frey v. Cudahay, 41 Sup. Ct. Rep., 451, p. 140 
 
 Friedman v. U. S., 236 F. 816; 260 F. 388; 233 F. 429; p. 462; 510; 617. 
 Frisbi v. U. S., 157 U. S. 160, p. 178. 
 Frohwerk v. U. S., U. S. Sup. Ct., March, 1919, p. 366. 
 Fyke v. U. S., 254 F. 227, p. 509. 
 
 G. 
 
 Gardner v. U. S., 230, 575, p. 199. 
 
 Gayon v. McCarthy, 40 U. S. Sup. Ct., 244, p. 48. 
 
 Gavieres v. U. S., 220 U. S. 338, p. 12; 220. 
 
 Garland v. State, 232 U. S. 642, p. 49. 
 
 Garst v. U. S., 180 F. 339, p. 80. 
 
 Garaufls v. U. S., 246 F. 910, p. 599. 
 
 Galbreath v. U. S., 257 F. 688, p. 600. 
 
 Gautt v. U. S., 108; 261, p. 371. 
 
 Gernert v. U. S., 240 F. 403, p. 199. 
 
 Geer v. Ct., 161 U. S. 519, p. 457. 
 
 Gelston v. Hoyt, 3 Wheat. 246, p. 424. 
 
 Georgia v. Jennings, 50 S. C. 156, p. 296. 
 
 Gillette v. U. S., 236 F. 215, p. 635. 
 
 Gill v. U. S., 262 F. 502, p. 34. 
 
 Gilmore v. U. S., 268 F. 721, p. 75. 
 
 Glickstein v. U. S., 222 U. S. 139, p. 16. 
 
 Gluckman v. Henkle, 221 U. S. 508, p. 547; 128. 
 
 Glasgow v. Moyer, 225 U. S. 425, p. 130. 
 
 Gladden v. Gabbert, 219 F. 855, p. 133. 
 
 Glim v. U. S., 177 F. 679, p. 192. 
 
 Gladstone v. U. S., 248 F. 117, p. 247. 
 
 Goldman v. U. S., 263 F. 340, p. 659; 245 U. S. 474, p. 144; 220 F. 
 
 57, p. 192. 
 Gourdain v. U. S., 154 F. 453, p. 197. 
 Good Shot v. U. S., 154 F. 258, p. 9. 
 Gompers v. U. S., 233 U. S. 604, p. 31. 
 Gouled v. U. S., 41 Sup. Ct. Rep., 261, p. 6. 
 Goodwin v. U. S., 200 F. 123, p. 72. 
 Gowling v. U. S., 269 F. 215, p. 76. 
 Gordon v. U. S., 254 F. 53, p. 113. 
 Goldsberg v. U. S., 160 U. S., 70, p. 127. 
 Gould v. U. S., 209 F. 730, p. 141. 
 Good v. U. S., 159 U. S. 663, p. 160. 
 Goldstein v. U. S., 258 F. 908, p. 118. 
 Goll v. U. S., 166 F. 419, p. 588. 
 Goublin v. U. S. 261 F. 5, p. 235. 
 Goff v. U. S., 257 F. 294, p. 236. 
 Green v. U. S., 150 F. 561, p. 706; 266 F. 779, p. 18; 75; 18; 238; 245 
 
 U. S. 559, p. 89. 
 Griffith v. U. S., 261 F. 159, p. 635.
 
 xvi Table of Cases. 
 
 Growling v. U. S., 269 F. 215, p. 635. 
 
 Grant v. U. S., 268 F. 443, p. 201; 227 U. S. 704, p. 29; 252 F. 693, p. 
 
 366; 150 F. 560, p. 402. 
 Gritt v. Bond, 102 Maryland, 383, p. 9. 
 Grantell v. U. S., 232 U. S. 647, p. 44. 
 Gross v. U. S., 265 F. 606, p. 82. 
 Grimes v. Malcolm, 164 U. S. 490, p. 89. 
 Griggs v. Nadean, 250 F. 783, p. 92. 
 Grayboges, v. U. S.. 250 F. 793, p. 118. 
 Gretsch v. U. S., 242 F. 897, p. 119; 231 F. 57, p. 617. 
 Grin v. Shine, 177 U. S. 47, p. 128. 
 Grandi v. U. S., 262 F. 123, p. 143. 
 Grimm v. U. S., 156 U. S. 604, p. 168. 
 Griffin v. U. S., 248 F. 6, p. 188. 
 Give Woo v. U. S., 250 F. 428, p. 509. 
 Gregory v. U. S., 272 F. 119, p. 510. 
 
 Graves v. U. S., 165 U. S., 323; 105 U. S. 121; p. 586; 599. 
 Gradwell v. U. S., 243 U. S. 476, p. 442. 
 Great Northern v. Rainea, 255 F. 762, p. 454. 
 Grandi v. U. S., 262 F. 123, p. 462. 
 Grogson v. Lynch, 163 U. S. 468, p. 219. 
 Grancourt v. U. S., 258 F. 25, p. 235. 
 Grahl v. U. S., 261 F. 487, p. 398. 
 Grayson v. U. S., 272 F. 554, p. 366. 
 Gulff Ry. v. Campbell, 49 F. 354, p. 90. 
 Gurinsky v. U. S., 259 F. 378, p. 75. 
 Guinn v. U. S. ( 228 F. 104, p. 432. 
 
 H. 
 
 Hagan v. U. S., 268 F. 344, p. 366. 
 
 Hale v. Henkel, 201 U. S. 67; 201 U. S. 43, p. 17; 13. 
 
 Hall v. Willcox, 225 F. 333, p. 203. 
 
 Hallock v. U. S., 185 F. 417, 124, p. 288. 
 
 Hamburg v. U. S., 250 F. 747, p. 236. 
 
 Hamm v. Chicago Railway Co., 243 F. 143, p. 450. 
 
 Hanley v. U. S., 186 F. 711, p. 125. 
 
 Hanna v. Cline, 263 F. 599, p. 248. 
 
 Hannish v. U. S., 227 F. 584, p. 18; 163. 
 
 Hanson v. U. S., 157 F. 749, p. 177. 
 
 Hardesty et. al, U. S., 164 F. 420, p. 66. 
 
 Hardy v. U. S., 71 F. 158, p. 50; 184 F. 702, 214 U. S. 519, p. 523. 
 
 Hair v. U. S., 240 F. 333, p. 199. 
 
 Harlan v. McGouer, 218 U. S., 44, p. 106; 218 U. S. 442, 526. 
 
 Harrington v. U. S., 267 F. 97, p. 365. 
 
 Harrison v. U. S., 200 F. 673; 163 U. S. 140; 200 F. 662; 140; p. 104; 
 
 53" 54' 191. 
 Jeff Harrison v.' U. S. ( 163 U. S. 140, p. 154. 
 Harshfield v. U. S., 260 F. 659, p. 182. 
 Harts v. U. S., 140 F. 843, p. 659. 
 Harwick v. U. S., 257 F. 505, p. 282. 
 Hass v. Henkle, 216 U. S. 462, p. 344. 
 Hastings v. Murchie, 219 F. 83, p. 48. 
 Hawke v. Smith, 40 Sup. Ct. Rep., 495, p. 507. 
 Haynes v. U. S., 101 F. 819, p. 429; 94. 
 Hays v. U. S., 231 F. 106; 169 F. 101, p. 635, 604. 
 Hendry v. U. S. ( 233 F. 5, p. 201. 
 Hendricks v. Gonzales, 67 F. 351, p. 422. 
 Hendricks v. U. S., 223 U. S. 178, p. 284. 
 Henry v. Henkel, U. S. Sup. Ct. Oct. Term, 1914, p. 106.
 
 Table of Cases. xvii 
 
 Henry v. Sowles, 28 F. 481, p. 320. 
 
 Hinningsen v. Whaley, 230 F. 650, p. 235. 
 
 Heitler v. U. S., 244 F. 140; 244; 140, p. 309; 636; 119. 
 
 Hickory v. U. S., 151 U. S. 303, p. 126; '93; 160 W. S. 408. 
 
 Hickson v. U. S., 258 F. 867, p. 95; 258 F. 867, p. 654. 
 
 Higgings v. U. S., 185 F. 710, p. 133. 
 
 Hillman v. U. S., 192 F. 264, p. 41. 
 
 Hillsboro v. Knotts, 273 F. 221, 41 Sup. Ct. Rep., 298, p. 245. 
 
 Hogan v. O'Neil, 41 Sup. Ct. Rep., 222, p. 29. 
 
 Hogue v. U. S., 184 F. 245, p. 283. 
 
 Hogus v. U. S., 192 F. 918, p. 283. 
 
 Holder v. U. S., 150 U. S. 91, p. 33. 
 
 Holgren v. U. S., Oct. Term, 1909, 156 F. 439, p. 403. 
 
 Hollis v. U. S., 246 F. 832, p. 118. 
 
 Hollister v. Zions, 111 U. S. 62. 
 
 Holmacher v. U. S., 266 F. 979, p. 88. 
 
 Holsman v. U. S., 248 F. 193; 248 F. 193, p. 365, p. 200. 
 
 Homer v. U. S., 143 U. S. 207, p. 152. 
 
 Hoover v. State, 59 Ala. 57, p. 236; 63, p. 266. 
 
 Hopt v. Utah, 110 U. S., 574, p. 61. 
 
 Horman v. U. S., 116 F. 350, p. 189; 116 F. 350, p. 191. 
 
 Horn v. U. S., 182 F. 721, p. 189. 
 
 Horn v. Mitchell, 232 F. 819, p. 444. 
 
 Horner v. U. S., 147 U. S. 449, p. 208; 143 U. S. 570; 143 U. S. 449, p. 
 
 213. 
 Hornnig v. D. C, 41 Sup. Ct. Rep., 53, p. 83. 
 Horowitz v. U. S., 262 F. 48, p. 123. 
 Hosier v. U. S., 260 F. 155, p. 510. 
 Hoss v. U. S., 232 F. 328, p. 654. 
 
 Houston Ice Cream Co. v. Harlan, 212 S. W. 779, p. 75. 
 Houston v. U. S., 217 F. 852, p. 374. 
 Howard v. Moyer, 206 F. 555, p. 99. 
 Howe v. U. S., 247 F. 292, p. 118. 
 Huber v. U. S., 259 F. 766, p. 534. 
 Huffman v. U. S., 259 F. 35, p. 635. 
 Hume v. U. S., 118 F. 689, p. 189. 
 Humas v. U. S., 182 F. 185, p.* 189. 
 Hunter v. Hunter, 187 S. W. 10, 49, p. 143. 
 
 Hunter v. U. S., 272 F. 235, p. 10, 264 F. 831, p. 76; 264 F. 831, p. 508. 
 Huntington v. U. S., 175 F. 950, p. 373. 
 Hyde v. Shine, 199 U. S., 62, p. 371. 
 
 Indianapolis R. R. Co. v. Horst, 93 U. S. 291, p. 98. 
 
 Indianapolis, etc., v. Horst, 83 U. S. 300, p. 89. 
 
 Innes Tobin, 240 U. S. 127; U. S. Sup. Ct. Feb., 1916, p. 129; 548. 
 
 In re Aldrich, 16 F. 370; p. 266. 
 
 In re Baldwin, 27 F. 187, p. 439. 
 
 In re Barber, 75 F. 980, p. 187. 
 
 In re Beach, 259 F. 597, p. 241. 
 
 In re Belknap, 96 F. 614, p. 49. 
 
 In re Benson, 130 F. 486, p. 46. 
 
 In re Boggs, 45 F. 475, p. 11. 
 
 In re Bonner, 151 U. S. 242; 151 U. S. 252; p. 94; 97. 
 
 In re Briggs, 135 N. C. 122, p. 13. 
 
 In re Brule, 71 F. 943, p. 300. 
 
 In re Byron, 18 F. 788, p. 143. 
 
 In re Canter & Cohen, 117 F. 356, p. 15. 
 
 In re Charge to Grand Jury, 30 Fed. Case No. 18265, 2 McLean 1, p. 415.
 
 xviii Table of Cases. 
 
 In re Christian, 82 F. 885, p. 98. 
 
 In re Classen, 140 U. S. 205, p. 9. 
 
 In re Coy, 312 F. 794; 127 U. S. 731; p. 372; 439. 
 
 In re Day, 27 F. 678, p. 151. 
 
 In re Debs, 158 U. S. 564, p. 155. 
 
 In re Dow's Estate, 105 F. 889, p. 15. 
 
 In re Duplex, 252 F. 722, p. 235. 
 
 In re Fowler, 4 F. 303, p. 151. 
 
 In re Gregory, 219 U. S. 210, p. 106. 
 
 U. S. v. Grin, 112 F. 795, p. 28. 
 
 In re Groves, 117 F. 798, p. 97. 
 
 In re Harris, 221 U. S. 274; 164 F. 292; 221 U. S. 272,' p. 14; 617. 
 
 In re Henry, 123 U. S. 373; 123 U. S. 372, p. 195; 197. 
 
 In re Hess, 134 F. Ill, p. 13. 
 
 In re Jen Yuen, 188 F. 350, p. 101. 
 
 In re Kaine, 14 Howard 103, p. 28. 
 
 In re Kelley, 243 F. 696; 71 F. 545, p. 35; 543. 
 
 In re Kollock, 165 U. S. 536; 41 Law Ed. 813; 243 F. 696, p. 303; 584. 
 
 In re Lancaster, 137 U. S. 393, p. 439. 
 
 In re Loney, 134 U. S. 372, p. 644. 
 
 In re Marks, 176 F. 1018, p. 618. 
 
 In re Marx, 255 F. 344, p. 64. 
 
 In re Miller, 114 F. 963; 42 F. 307, p. 371; 650. 
 
 In re Mills, 135 U. S. 263, p. 96. 
 
 In re Mize, et al, 172 F. 945, p. 618. 
 
 In re Nagle, 135 U. S. 63; 39 F. 833, p. 300; 301. 
 
 In re Najour, 174 F. 735, p. 116. 
 
 In re Neagle, 135 U. S. 1; 34 Law Ed. 55, p. 428. 
 
 In re Nelson, 69 F. 712, p. 560. 
 
 In re Perkins, 100 F. 950, p. 28. 
 
 In re Purvine, 96 F. 192, p. 618. 
 
 In re Quarrels, 158 U. S. 532, p. 438. 
 
 In re Quinn, 176 F. 1020, p. 46. 
 
 In re Rapier, 143 U. S. 110; p. 177; 213. 
 
 In re Sing Tuck, 126 F. 397, p. 28. 
 
 In re Steiner, 195 F. 300, p. 33." 
 
 Isabell v. U. S., 227 F. 788, p. 143; 243. 
 
 In re San Quah, 31 F. 327, p. 515. 
 
 Issacs v. U. S., 159 U. S. 487, p. 127. 
 
 In re Strupp, 12 Blatchf. 509, p. 89. 
 
 In re Toledo Newspaper Co. v. U. S., 237 F. 986; 38 Sup. Ct. Rep., 560; 
 
 247 U. S. 402, p. 34. 
 In re Tri State, 253 F. 605, p. 5. 
 In re U. S. v. Providence, 241 F. 524, p. 34. 
 In re Waite, 81 F. 359, p. 650. 
 In re Weinstein, 271 F. 5; 271 F. 763, p. 6. 
 I p. re Welch, 57 F. 576, p. 650. 
 In re Weltz, 123 U. S. 136, p. 163. 
 In re Wight, 134 U. S. 136, p. 163. 
 In re Wilson, 168 F. 566, p. 621. 
 In re Wright, 134 U. S. 136, p. 99. 
 In re Zenter, 188 F. 344, p. 128. 
 
 Jacobs v. U. S., 161 F. 694, p. 615. 
 Jacobson v. U. S., 272 F. 399, p. 423. 
 Jack v. Kansas, 199 U. S. 381, p. 13. 
 Jackson v. U. S., 266 F. 770, p. 462. 
 Jacksonville v. Smith, 78 F. 295, p. 135.
 
 V 
 
 Table of Cases. xix 
 
 James v. Evans, 149 F. 136, p. 133. 
 
 Japnese Immigrant Case, 189 U. S. 86; 47 Law Ed. 72, p. 105. 
 
 Jelke v. U. S., 255 F. 264, p. 366. 
 
 Jeller v. U. S., 213 U. S. 138, p. 634. 
 
 Jennings v. U. S., 264 F. 399, p. 35. 
 
 Jin Foey Moy v. U. S., 41 Sup. Ct. Rep., 98, p. 248; 510. 
 
 Joedick v. U. S., 85 F. 372, p. 216. 
 
 Johnson v. U. S., 163 F. 30; 158 F. 69; 170 F. 581; 221 F. 250; 215 F. 
 
 679; 225 U. S. 405; 270 F. 168; 247 F. 92; 158 F. 69; p. 20; 49; 92; 
 
 612; 614; 615; 639; 641. 
 Johnson v. Sayre, 158 U. S. 109, p. 361. 
 Jolly v. U. S., 170 F. 402; 42 Law Ed. 185, p. 380. 
 Jones v. U. S., 137 U. S. 202, 34 Law Ed. 691; 162 F. 419; 137 U. S. 
 
 211, 162 F. 417; 27 F. 447, p. 21; 40; 163; 529. 
 Jordan v. State, 30 S. W. 445, p. 142. 
 
 K. 
 
 Kahn v. U. S., 214 F. 54; 286; 616; 629; 204 F. 54. 
 
 Kalem v. U. S., 196 F. 888, p. 629. 
 
 Kambeitz v. U. S., 262 F. 378, p. 382. 
 
 Kansas v. Adams, 20 Kans. 311, p. 87. 
 
 Kaplam v. U. S., 229 F. 389, p. 301. 
 
 Karem v. U. S., 126 F. 250, p. 430. 
 
 Kasle v. U. S., 177 F. 147, p. 462. 
 
 Kaufman v. U. S., 202 F. 614, 212 F. 613, p. 616; 653. 
 
 Kavaloff v. U. S., 202, 475, p. 616. 
 
 Kaye v. U. S., 177 F. 147, p. 265. 
 
 Keane v. U. S., 272 F. 577, p. 365. 
 
 Keliher v. Mitchell, 250 F. 904, p. 249. 
 
 Kelley v. Lewelling, 274 F. 112, p. 507. 
 
 Kelley v. U. S., 258 F. 403; 250 F. 947, p. 54; 34. 
 
 Keller v. U. S., 23 U. S. 138, p. 632. 
 
 Keltenbach v. U. S., 202 F. 377, p. 54; 591. 
 
 Kenney v. Plymouth Rock et al, 213 F. 449, p. 130. 
 
 Kennedy v. U. S., 275 F. 183, p. 693. 
 
 Kerrch v. U. S., 171 F. 366, p. 615. 
 
 Ketchum v. U. S., 270 F. 416, p. 506. 
 
 Kie v. U. S., 27 F. 351, p. 560. 
 
 Kingman v. Western Mfg. Co., 170 U. S. 675, p. 98. 
 
 Kinser v. U. S., 231 F. 865, p. 636. 
 
 Kirby v. U. S., 174 U. S. 47, 43 Law Ed. 61, 174 U. S. 890, p. 382; 19. 
 
 Kirk v. U. S., 192 F. 273, p. 30. 
 
 Kirchmer v. U. S., 255 F. 301, p. 89. 
 
 Kirkwood v. U. S., 256 F. 825, p. 158. 
 
 Kissel v. Walker, 270 F. 492, p. 141. 
 
 Kittenbach v. U. S., 202 F. 379, p. 81. 
 
 Knoch v. White, 40 Sup. Ct. Rep., 566, p. 117. 
 
 Knoell v. U. S., 239 F. 16; 238 U. S. 78, p. 617. 
 
 Knote v. U. S., 94 U. S., 94 U. S. 157; 24 Law Ed. 442, p. 651. 
 
 Knowles v. U. S., 170 F. 410, p. 173. 
 
 Konka v. U. S., 166 F. 91, p. 172. 
 
 Korten v. Seney, 68 N. 128; 24, p. 207. 
 
 Krakowski v. U. S., 161 F. 885, p. 251. 
 
 Krause v. U. S., 267 F. 183, p. 241. 
 
 Krewzer v. U. S., 254 F. 35; 254 F. 34, p. 76; 120. 
 
 Krechman v. U. S., 41 Sup. Ct. Rep., 514, p. 333. 
 
 Kurtz v. Moffett, 115 U. S. 487, p. 378.
 
 xx Table of Cases. 
 
 Lamar v. U. S., Sup. Ct. Oct. 1915, p. 353. 
 
 Lamborn v. U. S. Atty., 265 F. 944, p. 242. 
 
 Lang v. U. S., 133 F. 204, p. 22. 
 
 Latham et al, v. U. S. Circuit Court Appeals 5th Circuit, 226 F. p. 71 ; 
 
 144; 210 F. 159, p. 121; 226 F. 420, p. 109. 
 Lanton v. Steele, 152 U. S. 133, p. 457. 
 Laster Grain Co. v. U. S., 250 F. 826, p. 243. 
 Laughter v. U. S., 259 F. 94, p. 475. 
 Laurada v. U. S., 85 F. 760; p. 518. 
 Leach v. Carlisle, 267 F. 61, p. 199. 
 Ledbetteo v. U. S., 170 U. S. 606, p. 239. 
 Leders v. U. S., 210 F. 419, p. 616. 
 Leedock v. U. S., 224 F. 431, p. 103; 224 F. 431, p. 134. 
 Lee v. U. S., 250 F. 694, p. 630; 156 F. 948, p. 175. 
 Lee Lin v. U. S., 240 F. 408, p. 630; 250 F. 694, p. 654. 
 Le Grand v. U. S., 12 F. 577, p. 439. 
 Lehman v. U. S., 127 F. 41, p. 371. 
 Lemon v. Imperial, etc., 199 F. 927, p. 125. 
 Lemon v. U. S., 164 F. 953, p. 195. 
 LeMore v. U. S., 253 F. 887, p. 213; 253 F. 887, p. 86. 
 Len Lin Shen, 217 F. 317, p. 115. 
 Letterman v. U. S., 246 F. 940, p. 91. 
 Levy v. U. S., 271 F. 942, p. 242. 
 Lewis v. McCarthy, 274 F. 496, p. 506. 
 Lewis v. U. S., 146 U. S. 370, p. 126. 
 Lewis Pub. Co. v. Morgan, 229 U. S. 288, p. 181. 
 Lexington Mill & Elevator Co. v. U. S., 202 F. 615, p. 624. 
 Leyer v. U. S., 183 F. 102, p. 141. 
 Lobosco v. U. S., 183 F. 742, p. 412. 
 Lockhart v. U. S., 250 F. 610, p. 177. 
 Lincoln v. Power, 151 U. S. 442, p. 89. 
 Linn v. U. S., 234 F. 543, p. 64; 234 F. 543, p. 201. 
 Linn Bing Wey, v. U. S., 201 F. 379, p. 115. 
 Linnegen v. Morgan, 241 F. 645, p. 268. 
 Linton v. U. S., 223 F. 677, p. 739. 
 Lipman v. U. S., 219 F. 882, p. 368; 374. 
 Littenbach v. U. S., 202 F. 379, p. 93. 
 Lockwood v. U. S., 178 F. 437, p. 586. 
 Logan v. U. S., 123 F. 291; 260 F. 746, 363 Law Ed. 42; 144 U. S. 26; 144 
 
 U. S. 301, p. 21; 54; 144 U. S. 263, p. 301; 44, p. 506; 258; p. 364. 
 Lohman v. Co., 243 F. 517, p. 238; 120, 243 F. 517. 
 Loiseau v. State, 22 Southern Rep., 138, p. 209. 
 Lcuie v. U. S., 218 F. 36, p. 11. 
 
 Lovata v. State of New Mexico, 242 U. S. 199, p. 212. 
 Lovejoy v. U. S., 228 U. S. 171, p. 92. 
 Loving v. U. S., 91 F. 881, p. 122. 
 Low v. U. S., 169 F. 86, p. 79. 
 Lowden v. U. S., 149 F. 675; 149 F. 677, p. 76; 70. 
 Lueders v. U. S., 210 F. 421, p. 133. 
 Lumyam v. U. S., 193 F. 970, p. 67. 
 Lung v. U. S., 218 F. 817, p. 118. 
 Lyman v. U. S., 241 F. 945, p. 199; 241 F. 945, p. 64. 
 Lynch v. State, 193 S. W. 667, p. 76. 
 
 M. 
 
 Mackin v. U. S., 117 U. S. 351; 177 U. S. 348; 117 U. S. 255, p. 136; 372. 
 MacKnight v. U. S., 263 F. 832; p. 63; 88.
 
 Table of Cases. xxi 
 
 Magnetic Healing v. McAnulty, 137 U. S. 94; 47 Law Ed. 90, p. 202. 
 
 Magon v. U. S., 260 F. 81, p. 154. 
 
 Malvin v. U. S., 252 F. 449, p. 617. 
 
 Mamaux v. U. S., 264 F. 816, p. 43. 
 
 Manning v. U. S., 275 F. 29, p. 13. 
 
 Manuel v. U. S., 254 F. 272, p. 75. 
 
 "Marinna Flora" 11 Wheat. 1, p. 545. 
 
 Markham v. U. S., 160 U. S. 319; 40 Law Ed. 441; 30 Cyc. 1425, p. 285. 
 
 Marks v. U. S., 196 F. 476, p. 629. 
 
 Marrin v. U. S., 167 F. 951, p. 83. 
 
 Marshall v. Gordon, 243 U. S. 521, p. 34. 
 
 Martin Lumber Co. v. Johnson, 70 Ark., 219; 66 S. W. 925, p. 267. 
 
 Martin v. U. S., 271 F. 685; 168 F. 198; p. 296; 645. 
 
 Masses v. Patten, 244 F. 535; p. 411; 247. 
 
 Mason v. U. S., 244 U. S. 362, p. 18. 
 
 Mathews v. U. S., 192 F. 490, p. 154. 
 
 Matthews v. U. S., 32 Court of Claims, 123, p. 292. 
 
 Matter v. Lacey, 189 Okla., 4, p. 136. 
 
 Matters v. U. S., 261 F. 826, p. 399; 244 F. 736, p. 45. 
 
 Mattox v. U. S., 146 U. S. 140; 156 U. S. 240, p. 19; 133. 
 
 May v. U. S., 199 F. 42; 236 F. 495; 99 F. 54, p. 37; 110; 588. 
 
 Mays v. U. S., 199 F. 61, p. 122. 
 
 Maxwell v. Dow, 176 U. S. 536, p. 19. 
 
 McCallum v. U. S., 247 F. 27, p. 82; 599. 
 
 McCarthy v. U. S., 187 F. 117, p. 191. 
 
 McClendon v. U. S., 229 F. 523, p. 199. 
 
 McCoy v. U. S., 247 F. 861, p. 112. 
 
 McDonald v. U. S., 171 U.»S., 689; 63 F. 426; 87 F. 324, p. 212; 264; 
 
 734. 
 McDonald, et al, v. Pless et al, 206 F. 262; 241 F. 793; p. 54- 57; 8:8. 
 McElroy v. U. S., 164 U. S. 76, p. 54. 
 McGrath v. U. S., 275 F. 295, p. 308. 
 McGregor v. U. S., 134 U. S. 188, p. 327. 
 McGinnis v. U. S., 256 F. 621, p. 119; 366. 
 Mclnerney v. U. S., 143 F. 729, p. 295. 
 McKelvy v. U. S., 241 F. 80; p. 291; 365. 
 McKenna v. U. S., 127 F. 88, p. 429. 
 McKibbers v. Phila., 251 F. 577, p. 75. 
 McKnight v. U. S., 113 F. 452; 252 F. 687; 115 F. 981; 97 F. 208; 252 F. 
 
 687; 111 F. 735; 97 F. 210; 263 F. 832; 292 U. S. 614; 122 F. 926; 
 
 249 U. S. 614; p. 14; 63; 88; 94; 211; 235; 238; 366; 603. 
 McLean v. U. S., 253 F. 694, p. 626. 
 McNamara v. Henkel, U. S. Sup. Ct., 266 U. S. 520; U. S. Sup. Ct. Oct. 
 
 Term, 1912; p. 12; 547. 
 McNeil v. U. S., 246 F. 827, p. 57. 
 McNutt v. U. S., 267 F. 670, p. 82; 126. 
 
 McPherson v. Blacker, 146 U. S. 1; 36 Law Ed. 869, p. 647. 
 McShann v. U. S., 231 F. 923, p. 163. 
 Medrano v. State, 32 Tex. Crim. 214, p. 237. 
 Melanson v. U. S., 2-56 F. 783, p. 510. 
 Menefee v. U. S., 236 F. 826, p. 200. 
 
 Merchants' Bank v. The State Bank, 11 Wallace 647, p. 592. 
 Metropolitan Street Railway v. Davis, 112 F. 634, p. 127. 
 Meyer v. U. S., 218 F. 372, p. 144. 
 Miggins v. U. S., 272 F. 41, p. 6. 
 Milby v. U. S., 109 F. 638, p. 189. 
 Miller v. U. S., 174 F. 35; 242 F. 907, p. 195; 558. 
 Miner v. U. S., 244 F. 422, p. 95. 
 Minotto v. Bradley. 252 F. 600, p. 247. 
 Missouri Drug Co. v. Wyman, 129 F. 623, p. 202.
 
 xxii Table of Cases. 
 
 Mitchell v. U. S., 196 F. 874; 229 F. 357; 229 P. 358, p. 88; 625; 654. 
 
 Moens v. U. S., 267 P. 317; 267 F. 318; p. 123; 127; 178. 
 
 Moffatt v. U. S., 232 F. 522, p. 200. 
 
 Montgomery v. U. S., 162 U. S. 400; 162 U. S. 410; 40 Law Ed. 1020, p. 
 
 160. 
 Montoya v. U. S., 262 F. 759, p. 432. 
 Moore v. Illinois, 14 Howard U. S. 20, p. 11. 
 
 Moore v. U. S., 150 U. S. 57; 160 U. S. 268; p. 133; 288; 381; 598. 
 Morgan v. Adams, 226 P. 719, p. 97. 
 Morgan v. Sylvester, 231 F. 886, p. 12. 
 Morgan v. U. S., 148 F. 189; 148 F. 190, p. 57; 385. 
 Morris v. U. S., 161 F. 672; 161 F. 672; 168 F. 682; 229 P. 516; 261 P. 
 
 175, p. 122; 282; 462; 577; 587. 
 Morse V. U. S., 255 F. 681; 174 F. 539, p. 92; 605. 
 Moses v. Patten, 244 F. 535, p. 182. 
 Moses v. Patton, 246 F. 24, p. 182. 
 Moses v. U. S., 221 F. 863, p. 199. 
 Mossem v. U. S., 266 F. 18, p. 101. 
 
 Motes v. U. S., 178 U. S. 471; 178 U. S. 458, p. 19; 438. 
 Mounday v. U. S., 225 P. 965; p. 8; 201. 
 Mudd v. Burrows, 91 U. S. 441, p. 89. 
 Mullan v. U. S., 212 U. S. 516, p. 120. 
 Mullens v. U. S., 106 P. 892, p. 93. 
 Murff v. State, 68 Tex. App. 66, p. 286. 
 Murphy v. Mass, 177 U. S. 155, p. 100. 
 Murray v. U. S., 247 F. 874, p. 231. 
 
 N. 
 
 Naftzer v. U. S., 200 F. 497; 500, p. 219. 
 
 Nakano v. U. S., 262 F. 761, p. 235. 
 
 Neal v. Delaware, 103 U. S. 370, p. 438. 
 
 Neall v. U. S., 118 F. 699, p. 254. 
 
 Nee v. U. S., 267 F. 84, p. 88; 119. 
 
 Neff v. U. S., 165 F. 273, p. 344. 
 
 Nemcof v. U. S., 202 P. 911, p. 617. 
 
 New v. U. S., 245 P. 710, p. 201. 
 
 Newberry v. U. S., 41 Sup. Ct. Rep., 469, p. 442. 
 
 Newcomb v. Wood, 97 U. S. 581, p. 98. 
 
 New Orleans National Bank v. Merchant, 18 F. 841, p. 149. 
 
 New York v. Eno., 155 U. S. 89, p. 644. 
 
 New York Railroad Co. v. U. S., 212 U. S. 481, p. 138. 
 
 New York Supreme Court Justices v. U. S., 76 U. S. 282, p. 53. 
 
 Nichamin v. U. S., 263 F. 888, p. 541. 
 
 Nielto v. Clark, 18 Fed. Case, 236, p. 557. 
 
 Nininger v. Cowan, 101 F. 789, p. 133. 
 
 Norcross v. U. S., 209 F. 13, p. 29. 
 
 Norton v. U. S., 188 F. 256; 205 F. 593, p. 602. 
 
 O. 
 
 O'Conner v. Patter, 276 F. 32, p. 8. 
 
 O'D'ell Mfg. Co. v. Tibbetts, 212 F. 652, p. 74. 
 
 Oesting v. U. S., 234 F. 304, p. 201. 
 
 O'Hare v. U. S., 253 F. 538, p. 182. 
 
 Ohio v. Brooks, 173 U. S. 299, 43 Law Ed. 699, p. 647. 
 
 Olson v. U. S., 133 F. 852, p. 57. 
 
 Oliver v. U. S., 230 F. 971, p. 22. 
 
 One v. U. S., 274 F. 99, p. 453. 
 
 One Pearl Chains v. U. S., 123 F. 371, p. 658.
 
 Table of Cases. xxiii 
 
 O'Neil v. Vermont, 144 U. S. 574. 
 
 Oppenheim v. U. S., 241 F. 625, p. 104; 241 F. 625, p. 154, p. 599. 
 
 Orear v U. S., 261 F. 259, p. 441. 
 
 Orourke, 251 F. 768, p. 34; 251 F. 768, p. 304. 
 
 Orozco v. U. S., 237 F. 1008, p. 423. 
 
 Orth v. U. S., 252 F. 566, p. 304. 
 
 Ossendorf v. U. S., 272 F. 257, p. 228. 
 
 Ozillo v. U. S., 268 F. 242, p. 95. 
 
 Parke Davis v. U. S., 255 F. 933, p. 625. 
 
 Paulsen v. U. S., 199 F. 423, p. 639. 
 
 Papas v. U. S„ 241 F. 665, p. 641. 
 
 Pablo v. U. S., 242 F. 905, p. 652. 
 
 Packas v. U. S., 240 F. 350, p. 164. 
 
 Parish v. U. S., 247 F. 40, p. 178. 
 
 Parker v. U. S., 203 F. 950, p. 193. 
 
 Packer v. U. S., 106 F. 906, p. 197. 
 
 Patnam v. Morgan, 172 F. 450, p. 202. 
 
 Palliser v. U. S., 136 U. S. 267, p. 217; 268. 
 
 Pappeno v. U. S., 252 F. 55, p. 234. 
 
 Partan v. U. S., 261 F. 515, p. 241. 
 
 Patterson v. U. S., 202 F. 208, p. 280 & 708; 181 F. 970, p. 280. 
 
 Parkinson v. U. S., 121 U. S. 281, p. 9. 
 
 Parpura v. U. S., 262 F. 473, p. 65. 
 
 Parquin v. U. S., 251 F. 579, p. 75; 88. 
 
 Paris v. U. S., 260 F. 529, p. 88. 
 
 Parish v. U. S., 100 U. S. 500, p. 112. 
 
 Pakas v. U. S., 240 F. 350, p. 112. 
 
 Pacey v. McKinney, 125 F. 679, p. 127. 
 
 Palmyra, 25 U. S.. 12 Wheat. 11, p. 419. 
 
 Pederson v. U. S., 271 F. 187, p. 558; 7. 
 
 Pearce v. U. S., 192 F. 561, p. 598. 
 
 Peters v. U. S., 94 F. 127, p. 603. 
 
 Pettibone v. U. S., 148 U. S. 197, p. 647; 365; 372. 
 
 Perara v. U. S., 221 F. 213, p. 163; 235 F. 515, p. 86. 
 
 People v. Noelke, 94 N. Y. 137, p. 207. 
 
 Peterson v. U. S., 255 F. 433, p. 241. 
 
 Perkins v. U. S., 228 F. 408, p. 245; 92. 
 
 Pereles v. Weil, 157 F. 419, p. 46. 
 
 Peterson v. U. S., 246 F. 118, p. 95. 
 
 Penn v. Fauger, 231 F. 851, p. 127. 
 
 Peterson v. U. S., 213 F. 920, p. 142. 
 
 Pendleton v. U. S., 216 U. S. 305. 
 
 Penny v. Walker, 64 Me. 430, p. 156. 
 
 Phillips v. U. S., 201 F. 260, p. 606; 264 F. 657, p. 57. 
 
 Phelan v. U. S., 249 F. 43, p. 75. 
 
 Pierriero v. U. S., 271 F. 912, p. 509. 
 
 Pinasco v. U. S., 262 F. 400, p. 573. 
 
 Pilcher v. U. S., 113 F. 248, p. 578. 
 
 Pierce v. U. S., 40 Sup. Ct. Rep., 205, p. 182; 257 F. 514, p. 101. 
 
 Pierre v. U. S., 275 F. 352, p. 200. 
 
 Potter v. U. S., 155 U. S. 444, p. 709; 592. 
 
 Pollard v. U. S., 261 F. 336; 235. 
 
 Post v. Murray, 230 F. 773, p. 210. 
 
 Powers v. U. S., 223 U. S. 303, p. 17. 
 
 Pointer v. U. S., 151 U. S. 396, p. 56. 
 
 Pocahontas v. U. S., 218 F. 782, p. 133. 
 
 Pounds v. U. S., 265 F. 242, p. 462.
 
 xxiv Table of Cases. 
 
 Poolen v. U. S., 127 F. 509, p. 359. 
 
 Profitt v. U. S., 264 F. 299, p. 509. 
 
 Prettyman v. U. S., 180 F. 30, p. 598. 
 
 Prdjun v. U. S., 237 F. 799, p. 636. 
 
 Price v. McGuinness, 269 F. 977, p. 655. 
 
 Price v. U. S., 165 U. S. 308, p. 170; 237; 218 F. 149, p. 154; 57; 86. 
 
 Price v. Zerbert, 268 F. 72, p. 95. 
 
 Preyer v. U. S., 260 F. 157, p. 275. 
 
 Prolen v. U. S., 127 F. 509, p. 57. 
 
 Putnam v. U. S., 162 U. S., p. 246. 
 
 Q. 
 
 Quinn v. Diamond, 72 F. 993, p. 576. 
 
 R. 
 Radin v. U. S., 189 F. 568, p. 374; 616. 
 Raganshky v. U. S., 253 F. 643, p. 200. 
 Rakes v. U. S., 212 U. S., 55, p. 439. 
 Randall v. State, 42 Tex. 585, p. 208. 
 Rau v. U. S., 260 F. 131, p. 570. 
 Ray v. U. S., 265 F. 257, p. 118. 
 Reagan v. U. S., 202 F. 488, p. 26. 
 
 Reg v. Wood, 5 El. and Bl. 49, 85 E. C. L. 49, p. 169. 
 Reed v. Cushman, 251 F. 872, p. 234. 
 Reed v. Thurmond, 269 F. 252, p. 583. 
 Reed v. U. S., 252 F. 21, p. 234. 
 Reeder v. U. S., 252 F. 21; 262 F. 36, p. 353; 411. 
 Reichman v. Harris, 252 F. 371; p. 129. 
 Reid v. Colorado, 187 U. S. 137, p. 459. 
 Reilley v. U. S., 106 F. 896, p. 363. 
 Reingar v. U. S., 172 F. 646; 97 C. C. C. 172; 172 F. 646, Sec. 17 Post. 
 
 p. 39; 55. 
 Rex v. Baines, 6 Mod. 192, p. 229; 312. 
 Reynolds v. U. S., 98 U. S. 145, p. 97; 167. 
 Rhodes v. U. S., 79 F. 740, p. 359. 
 Rhuberg v. U. S., 225 F. 865, p. 181. 
 Rice v. Ames, 180 U. S. 371, p. 28. 
 Rich v. U. S., 271 F. 566, p. 238. 
 Richards v. U. S., 175 F. 911, p. 104; 372. 
 Richardson v. U. S., 181 F. 1, p. 118; 596. 
 Riggins v. U. S., 199 U. S. 546; 50 Law Ed. 303, p. 437. 
 Rimmerman v. U. S., 186 F. 387, p. 189. 
 Rinker v. U. S., 151 F. 755, p. 122; 177. 
 Ripper v. U. S., 178 F. 24, p. 584. 
 Rise v. U. S., 144 F. 374, p. 112. 
 Rizzo v. U. S., 275 F. 51, p. 636. 
 Roberts v. Kendrick, 211 F. 970, p. 143. 
 Roberts v. Skoelfield, 20 Fed. Case No. 11917, p. 547. 
 Robertson v. Baldwin, 165 U. S., 281, p. 19. 
 
 Robertson v. U. S., 248 F. 874; 126 F. 897; 248 F. 873; p. 95; 248; 535. 
 Robilia v. State, 259 F. 101, p. 76. 
 Robins v. U. S., 229 F. 126, p. 143; 199. 
 Robbins v. U. S., 229 F. 987, p. 178. 
 Rogers v. Desporte, 268 F. 83; 268 F. 308, p. 95. 
 Rooney v. U. S., 203 F. 928, p. 653. 
 Rose v. U. S., 227 F. 357, p. 200. 
 Rosen v. U. S., 237 F. 810; 245 U. S. 467; 271 F. 651; 161 U. S. 20; 40 
 
 Law Ed. 606; p. 89; 168; 171; 271; 651. 
 Rosencrans v. U. S., 165 U. S. 257, p. 163.
 
 Table of Cases. xxv 
 
 Rosenburg v. Pacific Express Co. U. S., Sup. Ct, Oct. Term, Apr., 1915; 
 
 p. 575. 
 Rosenfield v. U. S., 202 F. 469, p. 579. 
 Rowan v. Randolph, 268 F. 529, p. 102. 
 Rowe v. Boyle, 268 F. 809; p. 48; 199. 
 Rumble v. U. S., 143 F. 772, p. 189. 
 Rumely v. McCarthy, 256 F. 565, p. 48. 
 Rupert v. U. S., 181 F. 87; 181 F. 188; p. 457. 
 Russell v. U. S., 271 F. 684, p. 353. 
 Rutherford v. U. S., 258 F. 855, p. 134. 
 Ryan v. U. S., 216 F. 13; 216 F. 213, p. 373; 444. 
 
 S. 
 
 Sandberg v. U. S., 257 F. 643, p. 410; 257 F. 643, p. 182. 
 
 Salas v. U. S., 234 F. 842, p. 365. 
 
 Sales v. U. S., 258 F. 596, p. 177. 
 
 Salla v. U. S., 104 F. 544, p. 155. 
 
 Samuels v. U. S., 232 F. 536, p. 200. 
 
 Sandels v. U. S., 213 F. 569, p. 191. 
 
 Sanden v. Morgan, 225 F. 266, p. 216. 
 
 Sanford v. U. S., 249 F. 583, p. 506. 
 
 Savage v. Scoville, 171 F. 566, p. 624. 
 
 Savage v. U. S., 213 F. 31, p. 119; 270 F. 15, p. 123. 
 
 Savins v. Petitioner, 131 U. S., 267, p. 300. 
 
 Schaefer v. U. S., 40 Sup. Ct. Rep., 259, p. 241. 
 
 Schatz v. Winton Motor Carriage Co., 197 F. 777, p. 69. 
 
 Schell v. U. S., 261 F. 593, p. 382. 
 
 Schick v. U. S., 195 U. S. 65, p. 80. 
 
 Scheinberg v. U. S., 213 F. 758, p. 193. 
 
 Schmidt v. U. S„ 133 F. 257, p. 403; 133 F. 257, p. 282. 
 
 Schraubstadter v. U. S., 199 F. 568, p. 621. 
 
 Schulze v. U. S., 259 F. 189, p. 182. 
 
 Schwartzberg v. U. S., 241 F. 348, p. 52; 241 F. 348; 104, p. 104. 
 
 Schwartz v. U. S., 217 F. 866, p. 32. 
 
 Scoggins v. U. S., 255 F. 825, p. 246. 
 
 Scovic v. U. S., 214 F. U. S. 871, p. 32. 
 
 Scott V. U. S., 165 F. 172 p. 368, 172 U. S. 343, p. 168; 130 F. 429, p. 604. 
 
 Seebach v. U. S., 262 F. 885, p. 241. 
 
 Selbeck v. Plattsentsche, 124 F. 18, p. 92. 
 
 Sears v. U. S., 264 F. 257, p. 306; 264 F. 257, p. 88; 172 U. S. 343; 43 
 
 Law Ed. 471, p. 161. 
 Searway v. U. S., 184 F. 716, p. 86. 
 Seidenbender v. Charles, 4 Serg. and Rawle, 151 [8 Am. Dec. 682] p. 
 
 209. 
 Seven Cases v. U. S., Sup. Ct., Oct. Term, 1915, p. 626. 
 Shaar v. U. S., 269 F. 26, p. 665. 
 Shaffer v. U. S., 255 F. 886, p. 181. 
 Sharfsin v. U. S., 265 F. 916, p. 618. 
 Sharon v. Hill, 24 F. 726, p. 300. 
 Sharp v. U. S., 138 F. 878, p. 333. 
 
 Shaw v. U. S., 165 F. 174, p. 162; 18 F. 348, p. 163; 180 F. 348, p. 63. 
 Shawnee v. U. S., 249 F. 583, p. 506. 
 Shea v. U. S., 251 F. 445, 236 F. 97, p. 88; 82. 
 Shelly v. U. S., 198 F. 88, p. 629. 
 Shepherd v. U. S., 160 F. 584, p. 171; 236 F. 73, p. 509; 160 F. 584, p. 
 
 176. 
 Sheriden v. U. S., 236 F. 305, p. 599. 
 
 Sheriff v. Dailey, 221 U. S-, 280, p. 548, Sup. Ct., May 15, 1911, p. 128. 
 Sherman v. U. S., 268 F. 516, p. 660.
 
 xxvi Table of Cases. 
 
 Short v. U. S., 211 F. 248, p. 145. 
 
 Showalter v. U. S., 260 F. 719, p. 599. 
 
 Sibray v. U. S., 227 F. 1, p. 106. 
 
 Sierra v. U. S., 233 F. 37, p. 659. 
 
 Silsby v. Foote, 14 Howard 218; 14 Law Ed. 394, p. 53. 
 
 Silverthorne Lumber Co. v. U. S., 25 U. S., 385, p. 740, Sup. Ct. Rep., 182, 
 
 p. 64. 
 Simmons v. State, 61 Miss. 243, p. 60. 
 
 Simmons v. U. S., 142 U. S. 148, p. 92; 142 U. S. 148, p. 22. 
 Simpson v. U. S., 245 F. 278, p. 636; 229 F. 940, p. 13; 229 F. 940, p. 
 
 600; 241 F. 841, p. 626. 
 Sims v. U. S., 268 F. 234, p. 75. 
 Sinclair v. U. S., 265 F. 991, p. 534. 
 Siniscolchia v. Thomas, 195 F. 701, p. 116. 
 Skuy v. U. S., 261 F. 316, p. 76. 
 
 Slaughter House Case, 10 Wallace 36; 21 Law Ed. 394, p. 432. 
 Smith v. Crichton, 33 Md. 103, p. 90. 
 Smith v. State, 68 Mo. 170, p. 209. 
 Smith v. U. S., 157 F. 721, p. 434; 157 F. 722, p. 92; 231 F. 25, p. 659; 
 
 208 F. 133, p. 189; 267 F. 665, p. 199. 
 Sneierson v. U. S., 264 F. 268, p. 306; 264 F. 275, p. 122; 264 F. 268, 
 
 p. 44. 
 Snow v. U. S., 18 Wall. 317, p. 561. 
 Soloman v. State, 62 Ala., 83, p. 209. 
 Sorenson v. U. S., 143 F. 820, p. 152; 168 F. 785, p. 63; 143 F 820, p. 
 
 152. 
 Sotello v. U. S., 256 F. 721, p. 154. 
 Sparf v. U. S., 156 U. S. 51; 39 Law Ed. 343, p. 104. 
 Sparks v. U. S., 241 F. 778, p. 76; 241 F. 777, p. 201. 
 Spear v. U. S., 228 F. 486, p. 154; 246 F. 250, p. 127; 249 F. 571, p. 201: 
 
 246 F. 250, p. 201. 
 Spur v. U. S., 87 F. 708, p. 92; 174 U. S. 728, p. 595. 
 State v. Hunter, 181 Missouri 316; 80 S. W. 915, p. 286. 
 State v. Render, 96 Neb. 548, p. 60. 
 State v. Lapage, 57 N. H., 245, p. 87. 
 State v. Miller, 42 La. 1186, p. 60. 
 State v. Martinson, 41 Sup. Ct. Rep., 425, p. 509. 
 State v. Nichols, 50 Louisiana Ann 699; 27, R. 283, p. 9, p. 158. 
 State v. Palmer, U. S. Sup. Ct., June, 1920, 40 Sup. Ct. Rep., 486, p. 507. 
 State v. Siddall, 68 Atl. 634; 103 M. 144, p. 133. 
 State v. Stotts, 5 Black, 460, p. 312. 
 State v. Winner, 17 Kansas, 298, p. 264. 
 State v. Zarafourtis, 150 F. 97, p. 50. 
 Stayton v. U. S., 213 F. 224, p. 176. 
 Stager v. U. S., 233 F. 510, p. 367; 233 F. 510, p. 664. 
 Standard Fashion Magazine Co., 254 F. 493, p. 140. 
 Standard Magazine Co. 254 F. 493, p. 235. 
 Standard Oil Co. v. U. S., 221 U. S. 1, p. 139. 
 Stanley v. U. S., 195 F. 896, p. 264. 
 Stan v. U. S., 153 U. S., 616, p. 93. 
 Stanton v. U. S., 88 F. 253, p. 343. 
 Starr v. U. S., 153 U. S. 265, p. 21. 
 State v. Bloor, 20 Mont. 574, p. 295. 
 State v. Crowson, 98 N. C. 595, p. 60. 
 State v. Fidmont, 35 Iowa, 545, p. 60. 
 State v. Foster, 22 R. I. 163, p. 236. 
 State v. Goodenow, 65 Me., p. 237. 
 State v. Herliky, 66 Atl. 643; 102 Me., p. 132. 
 State v. Holland, U. S. Sup. Ct., April 1920, p. 456. 
 Steigman v. U. S., 220 F. 63, p. 616.
 
 Table of Cases. xxvii 
 
 Steiner Case, 195 F. 300, p. 31. 
 
 Stetson v. U. S., 257 F. 689, p. 510. 
 
 Stewart v. Arthur, 267 F. 184, p. 242. 
 
 Stewart v. U. S., 236 F. 838, p. 35. 
 
 Stewart v. Wyoming Cattle Co., 128 U. S. 383, p. 126. 
 
 Stevens v. McClaughry, 207 F. 181, p. 100. 
 
 Stockton v. U. S., 205 F. 462, p. 191. 
 
 Stokes v. U. S., 157 U. S. 187, p. 197; 372. 
 
 Stroughton v. Diniick, 3 Blatchf. 556, p. 424. 
 
 Streepos v. U. S., 160 U. S. 128, p. 197. 
 
 Stout v. U. S., 227 F. 799, p. 76; 599. 
 
 Strauder v. West Virginia, 100 U. S. 303, p. 438. 
 
 Stretton v. Rudy, 176 F. 721, p. 105. 
 
 Streton v. Shaheen, 176 F. 735, p. 104. 
 
 Stroud v. U. S., 251 U. S. 15; 40 Sup. Ct. Rep., 50, p. 12. 
 
 St. Clair v. U. S., 154 U. S. 134, 38 Law Ed. 936, p., 533. 
 
 Stubbs v. U. S., 249 F. 571, p. 201. 
 
 Stuart v. U. S., 119 F 89, p. 89. 
 
 Sugar v. U. S., 252 F. 79, p. 234; 252 F. 79, p. 182. 
 
 Susquehana v. Cassidy, 247 F. 137, p. 126. 
 
 Swearington v. U. S., 161 U. S. 446, 40 Law Ed. 756, p. 172. 
 
 Swepston v. U. S., 251 F. 205, p. 35. 
 
 Sylvia v. U. S., 264 F. 593, p. 82; 264 F. 593, p. 89. 
 
 Sugar v. U. S., 252 F. 79, p. 234; 252 F. 79, p. 182. 
 
 Suslak v. U. S., 213 F. 913, p. 142; 213 F. 913, p. 641. 
 
 Talliaferro v. U. S., 213 F. 25, p. 88. 
 
 Tat v. U. S., 260 F. 104, p. 117. 
 
 Taylor v. U. S., 45 F. 531; 89 F. 954; 244 F. 321, p. 136; 364; 526. 
 
 Tennessee v. Davis, 100 U. S., 257, p. 89. 
 
 Terre Haute v. Stuble, 109 U. S. 381, p. 133. 
 
 Teregno v. Shattiack, 265 F. 797, p. 89. 
 
 Term v. Davis, 100 U. S. 257, p. 236. 
 
 Terry v. U. S., 120 F. 486, p. 19. 
 
 Thaler v. U. S., 261 F. 746, p. 235. 
 
 Thatcher v. U. S., 212 F. 805, p. 121. 
 
 The "Antelope" 10 Wheat. 66, p. 545. 
 
 The "Chapman" 4 Saw. 501, p. 422. 
 
 The "Carondelet" 37 F. 799, p. 422. 
 
 The "Daniel Ball" 10 Wall 557 p. 459. 
 
 The "Itata" 46 F. 646, p. 422. 
 
 The "Mary Ann" 16 Fed. Case No. 9194, p. 516. 
 
 Thomas v. Loney, 134 U. S. 377, Law Ed. 949, p. 646. 
 
 Thompkins v. M. K. & T., 211 F. 391, p. 141. 
 
 Thompson v. Duehay, 217 F. 484. 
 
 Thompson v. State, 92 Ga. 448, p. 71 
 
 Thompson v. U. S., 159 F. 801; 202 F. 401; 256 F. 616, p. 168; 382; 
 
 607. 
 Thompson v. Utah, 170 U. S. 349; 180 U. S. 343, p. 19- 79. 
 Tiader v. U. S., 260 F. 923, p. 510. 
 
 Tillingast v. Richards, 233 F. 710; 225 F. 226, p. 365; 588. 
 Tingle v. U. S., 87 F. 320, p. 197. 
 Tjosevig v. Boyle, 258 F. 813, p. 199. 
 
 Todd v. U. S., 158 U. S. 278; 39 Law Ed. 982; 221 F. 205; p. 192; 302. 
 Toledo Newspaper Co. v. U. S., 237 F. 986, p. 35. 
 Trafton v. U. S., 147 F. 513, p. 98. 
 Trent v. U. S., 228 F. 648, p. 210; 238. 
 Tubbs v. U. S., 94 F. 356, p. 171.
 
 xxviii Table of Cases. 
 
 Tucker v. U. S., 196 F. 260; 212 P. 569; 224 Fed. 833, p. 120; 132; 201. 
 
 Tucker v. Williamson, 229 F. 201, p. 510. 
 
 Tugendhaft v. U. S., 263 F. 562, p. 617. 
 
 Turner v. U. S., 238 F. 194; 272 F. 112; p. 35; 533. 
 
 Twining v. U. S., 141 F. 41, p. 604. 
 
 Tyomies v. U. S., 211 F. 389, p. 174. 
 
 Tyomies Publishing Co. v. U. S., 211 F. 386, p. 170. 
 
 U. 
 
 U. S. v. Abrams, 230 F. 313; 18 F. 823, p. 5; 64; 269; 665. 
 
 U. S. v. Aczel, et al, 219 F. 917, p. 432. 
 
 U. S. v. Adams Express Co., 229 U. S. 381; 119 F. 240, p. 138; 574. 
 
 U. S. v. Adler, 49 F. 733, p. 359. 
 
 U. S. v. Ah Kung, 243 F. 762, p. 509. 
 
 U. S. v. Ah Won, 97 F. 494, p. 343. 
 
 U. S. v. Albert, 45 F. 552, p. 250; 348. 
 
 U. S. v. Allen, 38 F. 736; 47 F. 696, p. 604; 575. 
 
 U. S. v. Alexis Club, 98 F. 725, p. 571. 
 
 IT. S. v. Allis, 73 F. 165, p. 603. 
 
 U. S. v. Almedia, 24 Fed. Case No. 144; 33, p. 550. 
 
 U. S. v. Amann, 24 Fed. Case, No. 14438, p. 580. 
 
 U S. v. Ambrose, 2 F. 764, p. 355. 
 
 U. S. v. American, 275 F. 939, p. 138. 
 
 U. S. v. American Laboratories, 222 F. 104; p. 201; 627. 
 
 U. S. v. American Tobacco Co., 221 U. S. 106; 177 F. 774, p. 106; 109; 
 
 140. 
 U. S. v. Ames, 95 F. 453, p. 207. 
 U. S. v. Ammerman, 176 F. 636, p. 282. 
 U. S. v. Anderson, 231 F. 546; 68 F. 696, p. 117; 188. 
 U. S. v. Anthony, 24 Fed. Case No. 14459, p. 236. 
 U. S. v. Arjona, 120 U. S. 479, p. 256. 
 U. S. v. Armstrong, 59 F. 568, p. 301. 
 U. S. v. Ashton, 24 Fed. Case No. 14470, p. 549. 
 U. S. v. Atlantic Journal Co. 185 F. 656, p. 346; 373. 
 U S. v. Ault, 263 F. 800, p. 365. 
 U. S. v. Auto, 279 F. 891, p. 506. 
 IT. S. v. Aylward, 24 Fed Case No. 14484, p. 268. 
 U. S. v. Brace, 144 F. 869; 149 F. 874; p. 287; 371. 
 U. S. v. Bradford, 53 F. 542; 148 F. 413; p. 351; 371. 
 U. S. v. Brand, 229 F. 847, p. 635. 
 IT. S. v. Braun, 158 F. 456, p. 124. 
 IT. S. v. Brasley, 268 F. 59, p. 6. 
 U. S. v. Bray, 113 F. 1009, p. 576. 
 IT. S. v. Breeding, 207 F. 645, p. 36. 
 U. S. v. Breese, 73 F. 765; 172 F. 765, p. 37; 38. 
 IT. S. v. Bressi, 208 F. 369, p. 404. 
 U. S. v. Bridgeman, 140 F. 577, p. 373. 
 U. S. v. Brierback, 245 F. 204, p. 237. 
 
 U. S. v. Briton, 108 U. S. 192; 170 U. S. 655; p. 236; 372; 603. 
 IT. S. v. Brockley, 266 F. 1001, p. 506. 
 U. S. v. Brod, 176 F. 165, p. 59. 
 U. S. v. Broughton, 213 F. 345, p. 523. 
 IT S. v. Bronn, 119 F. 482; 224 F. 135; 224 F. 135; 126 F. 766; 43 
 
 F. 135; 242 F. 983; 24 Fed. Case, 14656, p. 184; 234; 392; 471; 
 
 512; 630; 784. 
 IT S. v. Buchanan, 255 F. 915, p. 51. 
 IT S. v. Buckingham, 261 F. 418, p. 578. 
 IT. S. v. Buntin, 10 F. 30, p. 440. 
 U. S. v. Bunting, 82 F. 883, p. 342; 344.
 
 Table of Cases. xxix 
 
 U. S. v. Burdick. 211 F. 493; p. 17. 
 U. S. v. Burke, 218 F. 83, p. 364; 373. 
 U. S. v. Burck, 226 F. 974, p. 635. 
 U. S. v. Burleson, 41 Sup. Ct. Rep., 352, p. 202. 
 U. S. v. Burley, 14 Blatch. U. S. 91, p. 401. 
 U. S. v. Burnell, 75 F. 824, p. 186. 
 U. S. v. Burns, 270 F. 601, p. 506. 
 
 U. S. v. Burr, 4 Cranch. 469; 1 Burr's Trial 14; 2nd Burr's Trial 402; 
 . Fed. Case 252; p. 408. 
 
 U. S. v. Burton, 131 F. 552; 202 U. S. 344, p. 327. 
 U. S. v. Butler, 1 Hughes, 457, p. 438. 
 U. S. v. Bush, 269 F. 455, p. 5. 
 U. S. v. Byrne, 44 F. 188, p. 163. 
 U. S. v. Baker, 5 Blatch. 6; 24 Fed. Case, 962; 247 F. 124- 243 F. 746; 
 
 p. 56; 234; 365; 741. 
 U. S. v. Barrels of Spirits, 2 Abbott 305, p. 577. 
 U. S. v. Bamaby, 51 F. 20, p. 536; 542. 
 U. S. v. Bayer, 4 Dillon, 407, Fed. Case No. 14547; p. 615. 
 U. S. v. Barton, 10 F. 874, p. 604. 
 U. S. v. Bartlett, 106 F. 884, p. 605. 
 U. S. v. Bachman, 246 F. 1010, p. 94; 199. 
 U. S. v. Balte, 154 F. 540, p. 530. 
 U. S. v. Barnett, 111 F. 369, p. 251; 254. 
 
 U. S. v. Barney, 3 Am. Law, 128; 5 Blatchf. 294, p. 156; 346. 
 U. S. v. Bayard, 16 F. 376, p. 57. 
 U. S. v. Ballard, 3 McClean, U. S. 469, 2nd. Vol. 5 Fed. Stat. 358; US 
 
 F. 757; p. 136; 350. 
 U. S. v. Barnon, 221 F. 140; U. S. Sup. Ct., Oct., 1915, p. 353. 
 U. S. v. Barnhardt, 33 F. 459; 22 F. 290; p. 11; 342. 
 U. S. v. Barrett, 65 F. 62; 187 F. 378; p. 31; 363. 
 U. S. v. Bailey, 9 Peters 238, 47 F. 117; p. 213; 281. 
 U. S. v. Babcock, 4 McLean, 113, p. 278. 
 U. S. v. Barber, 140 U. S. 177, p. 372. 
 U. S. v. Ball, 163 U S. 662, p. 4. 
 U. S. v. Bardick, 211 F. 493, p. 17. 
 "U. S. v. Baer, 6 F. 42, p. 277. 
 U S. v. Barton, 10 F. 873, p. 281. 
 U. S. v. Bathgart, U. S. Sup. Ct., Mar., 1918, p. 432. 
 U. S. v. Baumert, 179 F. 735, p. 45. 
 U. S. v. Bell, 81 F. 830; p. 17; 59. 
 U. S. v. Beebe, 149 F. 618, p. 261. 
 U. S. v. Bejandio, 1 Woods 294, p. 269. 
 U. S. v. Berkhardt, 31 F. 141, p. 285. 
 U. S. v. Bennett, 16 Blatch. 342; 3 Hughes 466, 24 Fed. Case 14574: 
 
 p. 174; 547. 
 U. S. v. Beltaline, 1st. Woods 654, p. 664. 
 U. S. v. Benedict, 165 F. 221, p. 169; 172. 
 U. S. v. Bernstein, 267 F. 295, p. 4. 
 U. S. v. Bickford, 4 Blatch, 337, p. 347. 
 U. S. v. Bicksler, 1 Mackey, 341, p. 267; 271. 
 U. S. V. Biggs, 157 F. 264; 211 U. S. 597, p. 198; 372. 
 U. S. v. Binder, 253 F. 978, p. 182. 
 U. S. v. Birdsall, 195 F. 980; 206 F. 818, p. 307. 
 U. S. v. Bettinger (Mo.), 15 Am. Law U. S. 49; 24 Fed. Case No. 1959S, 
 
 p. 299. 
 U. S. v. Betty, 155 F. 938; 208 U. S. 393, 52 Law Ed. 504; 208 U. S. 
 
 150, p. 632. 
 U. S. v. Bixby, 10 Bis 208, p. 320. 
 U S. v. Blaisdell, 3 Bennett 32, p. 111. 
 U. S. v. Blab, 99 U. S. 228, p. 571.
 
 xxx Table of Cases. 
 
 U. S. v. Blakeman, 251 F. 306, p. 58; 182. 
 
 U. S. v. Blenholm. 208 F. 492, p. 175. 
 
 U. S. v. Block, 262 F. 205, p. 11. 
 
 U. S. v. Bopp. 232 F. 177; 237 F. 793; 230 F. 723; 232 F. 177; 237 F. 
 
 283; p. 45; 232; 423; 366. 
 U. S. v. Boekman, 176 F. 382, p. 622. 
 U. S. v. Boggs, 31 F. 337, p. 251. 
 U. S. v. Bolles, 209 F. 682, p. 40. 
 U. S. v. Booth, 148 F. 112, p. 328. 
 U. S. v. Borden, 24 Fed. Case 1202, p. 551. 
 U. S. v. Boren, 144 F. 801, p. 287. 
 U. S. v. Borkowski, 268 F. 408, p. 508. 
 U. S. v. Bountin, 251 F. 313, p. 182. 
 U. S. v. Boyer, 4 Dill. 407, 85 F. 425; p. 331; 368. 
 U. S. v. Boyle, 40 F. 664, p. 187. 
 U. S. v. Boumert, 179 F. 735, p. 140. 
 U. S. v. Bowman, 5 Pac. Rep., 333, p. 154. 
 U. S. v. Bozeman, 236 F. 432, 235 U. S. 696, p. 641. 
 U. S. v. Bozer, 4 Dill. 407; 5 F. 681; 7 F. 715; p. 615. 
 U. S. v. Box, 190 F. 731, p. 210. 
 U. S. v. Bryant, 257 F. 378; 245 F. 682, p. 18; 113. 
 U. S. v. Cadwaller, 59 F. 679, p. 9. 
 U. S. v. Carney, 228 F. 168, p. 510. 
 U. S. v. Caminata, 194 F. 903, p. 629. 
 U. S. v. Campbell, 16 F. 235; 179 F. 762, p. 48; 150. 
 U. S. v. Cardish, 14 F. 640, p. 541. 
 U. S. v. Carlin, 259 F. 904; 259, 904, p. 365; 365. 
 U. S. v. Carll, 105 U. S. 611, p. 262. 
 U. S. v. Carlovitz, 80 F. 852, p. 216. 
 U. S. v. Carpenter, 151 F. 216, p. 99. 
 U. S. v. Carter, 84 F. 622, p. 527. 
 U. S. v. Case, 49 F. 270; 49 F. 270, p. 216; 215. 
 U. S. v. Case, 8 Blatchf. 250, p. 28. 
 U. S. v. Cases of Molasses, 174 F. 325, p. 622. 
 U. S. v. Cases of Syrup, 172 F. 781, p. 623. 
 U. S. v. Cases of Tomato Catsup, 166 F.; 773, p. 623. 
 U. S. v. Casey, 247 F. 362, p. 57; 411. 
 U S. v. Cassey, 247 F. 362, p. 234. 
 U. S. v. Cassidy, 67 F. 698, p. 368; 353; 156. 
 U. S. v. Cathcart, 1 Bond, 556; 25 Fed. Case, 344, p. 408. 
 U. S. v. Cautinie, 212 F. 925, p. 166. 
 U. S. v. Chakraberty, 244 F. 287, p. 243. 
 U. S. v. Charter, 227 F. 331; 227 F. 331, p. 58; 510. 
 U. S. v. Chase, 135 U. S. 117, p. 177. 
 U. S. v. Chevallier, 107 F. 434, p. 573. 
 U. S. v. Chennault, 230 F. 942; p. 56; 43; 248. 
 U. S. v. Chevrolet, 267 F. 1021, p. 506. 
 U. S. v. Christopherson, 261 F. 225, p. 360. 
 U. S. v. Ching Fong, 192 F. 485, p. 115. 
 U. S. v. Clair, 2 F. 55, p. 570, 
 U. S. v. Clark, 1 Gall. 497; 46 F. 633; 164 F. 75; 43 F. 574, p. 560; 369; 
 
 177; 28. 
 U. S. v. Clarion, 272 F. 985, p. 13. 
 IT. S. v. Claypool, 14 F. 127, p. 156. 
 U. S. v. Clifford, 104 F. 296, p. 171. 
 U. S. v. Cobban, 134 F. 290, p. 287. 
 U. S. v. Coffin, 1 Sumn. 394, p. 551. 
 I . S. v. Coggin, 3 F. 492, p. 355. 
 
 U S. v. Cohen Grocery Co., 41 Supt. Ct. 300, April, 1921, p. 643. 
 U. S. v. Cohen, 264 F. 218, p. 245.
 
 Table of Cases. xxxi 
 
 U. S. v. Cohn, 268 F. 423, p. 508. 
 
 U. S. v. Colby, 265 F. 998, p. 4. 
 
 U. S. v. Cole, 153 F. 801; 5 McLean, 513; 25 Fed. Case No. 14832, p. 522. 
 
 U. S. v. Colgate, 253 F. 522, p., 140, 250 U. S. 300, p. 141. 
 
 U. S. v. Collins, 264 F. 145; 380; 250 F. 869, p. 475; 476; 13. 
 
 U. S. v. Company, 242 F. 536, p. 454. 
 
 U. S. v. Comstock, 161 F. 644, p. 612. 
 
 U. S. v. Comyns, U. S. Supt. Ct., Jan., 1919, p. 234; 199. 
 
 U. S. v. Conners, 111 F. 732; 111 F. 734, p. 251; 260. 
 
 U. S. v. Conrad, 59 F. 458, p. 212. 
 
 U. S. v. Coombs, 12 Peters, 72; 76, p. 553; 150. 
 
 U. S. v. Coppersmith, 4 F. 198, p. 224. 
 
 U. S. v. Corbett, 162 F. 687, p. 605. 
 
 U S. v. Corbet, 215 U. S. 233, p. 602. 
 
 U S. v. Corbin, 11 F. 238, p. 247. 
 
 U. S. v. Corporation, 1, 125 F. 94, p. 123. 
 
 U. S. v. Corrie Brun Co. Cases, 686; 25 Fed. Case No. 14869, p. 512; 658. 
 
 U. S. v. Cota, 17 F. 734, p. 576. 
 
 U. S. v. Cover, 46 F. 284, p. 292. 
 
 U. S. v. Cowell, 243 F. 730, p. 140. 
 
 U. S. v. Craig, 266 F. 230, p. 34. 
 
 U. S. v. Crates, 208 F. 950, p. 625. 
 
 U. S. v. Crawford, 25 Fed. Case No. 14890, p. 549. 
 
 U S. v. Crecilius, 34 F. 30; 34 F. 32, p. 289; 223. 
 
 U. S. v. Crndol, 233 F. 331, p. 281. 
 
 U. S. v. Crossen, 264 F. 459, p. 508. 
 
 U. S. v. Cruickshank, 92 U. S. 542; 557; 23 Law Ed. 588, p. 431; 428; 19. 
 
 U. S. v. Cuddy, 39 F. 696, p. 285. 
 
 U. S. v. Curley, 122 F. 738, p. 371. 
 
 U. S. v. Curry, 206 F. 322, p. 176. 
 
 U. S. v. Curtain, 43 F. 433, p. 351. 
 
 U. S. v. Curtis, 12 F. 824; 107 U. S. 671; 229 F. 288, p. 324; 279; 10. 
 
 U. S. v. Cushman, 1 Law 414, p. 578. 
 
 U. S. v. Cutler, 1 Curt. 501; 25 Fed. Case No. 14910, p. 546. 
 
 U S. v. Dale, 230 F. 759, p. 200. 
 
 U. S. v. Darcy, 243 F. 739, p. 509. 
 
 U. S. v. Darnaud, 3 Wall. Jr. 143, p. 512. 
 
 U. S. v. Daubner, 17 F. 793, p. 358. 
 
 U. S. v. Davenport, 266 F. 425, p. 52. 
 
 U. S. v. Davidson, 244 F. 523, p. 178; 188. 
 
 U. S. v. Davin, 189 F. 244, p. 642. 
 
 U. S. v. Davis, 103 F. 458; 37 F. 468; 38 F. 326; 103 F. 457; U. S. 
 
 Supt. Ct., April, 1917, p. 22; 34; 187; 320; 349; 571. 
 U. S. v. Dean, 230 F. 957, p. 117. 
 U. S. v. Deaver, 14 F. 595, p. 314. 
 U. S. v. Debs, 63 F. 436, p. 373. 
 U. S. v. DeBolt, 253 F. 78, p. 143. 
 U. S. v. DeGroa, 30 F. 764, p. 294. 
 U. S. v. Delaney, 55 F. 475, p. 163. 
 U. S. v. Dembroski, 252 F. 894, p. 58. 
 U. S. v. Dempsey, 188 F. 450, p. 170. 
 U. S. v. DeMott, 3 F. 478, p. 156. 
 U. S. v. Denker, 255 F. 339, p. 509. 
 
 U. S. v. Dennis Quiver, U. S. Sup. Ct., Oct. Term, 1915 p. 564. 
 U. S. v. Dennee, 3 Wood. (U. S.) 39, p. 287. 
 U. S. v. DePont, 188 F. 127, p. 139. 
 U. S. v. Deviline, 6 Blatchf. 71 p. 571. 
 U. S. v. Dexter, 154 F. 890, p. 197. 
 U. S. v. Dewalt, 128 U. S. 393, p. 9. 
 U. S. v. Dietrich, 126 F. 670; 126 F. 664; 126 F. 676; 126 F. 671; p. 
 
 56; 236; 371.
 
 xxxii Table of Cases. 
 
 U. S. v. Dimmick, 112 F. 350, p. 317. 
 
 U. S. v. Direct Sales Co., 252 F. 882, p. 625. 
 
 U. S. v. Dodge, 70 F. 235, p. 184. 
 
 U. S. v. Dodson, 268 F. 397, p. 508. 
 
 U. S. v. Doremus, 246 F. 958; U. S. Sup. Ct., Mar. 3, 1919; p. 509. 
 
 U. S. v. Dorsey, 40 F. 752, p. 168. 
 
 U. S. v. Douglas, 33 F. 381, p. 217. 
 
 U. S. v. Dougherty, 101 F. 439, p. 584. 
 
 U. S. v. Doughty, 25 Fed. Case No. 14987; p. 549. 
 
 U S. v. Driggs, 125 F. 520, p. 326. 
 
 U S. v. Driscoll, 1 Lowell, 303, p. 166. 
 
 U. S. v. Durant, 46 F. 753, p. 187. 
 
 U. S. v. Dwight Mfg. Co., 210 F. 74 p. 116. 
 
 U S. v. Dumas, 149 U. S. 283; p. 216. 
 
 U. S. v. Dunkley, 235 F. 1000, p. 617. 
 
 U. S. v. Dupont, 176 F. 823, p. 282. 
 
 U. S. v. Eastman, 252 F. 223, p. 182. 
 
 U. S. v. Eaton, 144 U. S. 688; 36 Law Ed. 591; p. 236; 588. 
 
 U. S. v. Eberhart, 127 F. 254; 127 F. 252, p. 429; 520. 
 
 U. S. v. Edwards, 43 F. 57, p. 285. 
 
 U. S. v. Egan, 30 F. 608, p. 89. 
 
 U. S. v. Elliott, 51 F. 807, p. 187. 
 
 U. S. v. Eman, 271 F. 353, p. 241. 
 
 U. S. v. Eno, 155 U. S. 89; 39 Law Ed. 80, p. 648. 
 
 U. S. v. Erie Ry. Co., 235 U. S. 513, p. 231. 
 
 U. S. v. Ethridge, 140 F. 376, p. 197. 
 
 U. S. v. Evans, 153 U. S. 584; 19 F. 912, p. 192; 287. 
 
 U. S. v. Fabata, 253 F. 586, p. 102. 
 
 U. S. v. Falkner, 21 F. 624, p. 163. 
 
 U. S. v. Farnham, 127 F. 478; p. 352; 393; 784. 
 
 U. S. v. Farmer, 218 F. 929, p. 193. 
 
 U. S. v. Fenton, 268 F. 221, p. 506. 
 
 U. S. v. Field, 16 F. 779, p. 224. 
 
 U. S. v. First Nat. Bank of Anamouse, 190 F. 336, p. 452. 
 
 U. S. v. Fischer, 245 F. 477, p. 241. 
 
 U. S. v. Fisk, 24 F. 585; Fed. Statutes, 150, p. 604. 
 
 U. S. v. Fitzgerald, 91 F. 374, p. 259. 
 
 U. S. v. Flashpiller, 205 F. 1006, p. 641. 
 
 U S. v. Fleming, 18 F. 907, p. 193. 
 
 U. S. v. Forbes, 25 Fed. Case No. 15129, p. 549; 550. 
 
 U. S. v. Ford, 99 U. S. 594; 50 F. 467, p. 18; 587. 
 
 U. S. v. Fortman, 268 F. 873, p. 573. 
 
 U. S. v. Forty Barrels, U. S. Sup. Ct., May, 1916, p. 625. 
 
 U. S. v. Foster, 183 F. 626; 211 F. 206, p. 80; 373. 
 
 U S. v. Four Hundred, etc., 193 F. 589, p. 621. 
 
 U S. v. Fout, 123 F. 625. p. 345. 
 
 U. S. v. Franklin, 174 F. 161, p. 352. 
 
 U. S. v. Franks, 189 F. 195, p. 625. 
 
 U. S. v. Freedman, 268 F. 655, p. 89; 366. 
 
 U S. v. Freeman, U. S. Sup. Ct., Oct., 1915, p. 454. 
 
 U. S. v. French, 243 F. 785; 57 F. 382, p. 604. 
 
 U S. v. Fricke, 259 F. 673, p. 408. 
 
 U S. v. Friedburg, 233 F. 313, p. 5; 7; 63. 
 
 U. S. v. Friedman, 224 F. 277; 224 F. 276, p. 471; 510. 
 
 U S. v. Frisbie, 28 F. 808, p. 358. 
 
 U. S. v. Fuld Store Co., 262 F. 836, p. 456. 
 
 U S. v. Fulkerson, 74 F. 619, p. 212. 
 
 U. S. v. Gaag, 237 F. 730, p. 239. 
 
 U. S. v. Gallant, 177 F. 281, p. 581. 
 
 U. S. v. Galleanni, 245 F. 977, p. 120; 365.
 
 Table of Cases.. xxxiii 
 
 TJ. S. v. 1412 Gallons of Spirits, 10 Blatch. 428, p. 580. 
 
 U. S. v. Garcelon, 82 F. 611, p. 279. 
 
 U. S. v. Garretson, 42 F. 22, p. 384. 
 
 U. S. v. Gee, 45 F. 194, p. 185. 
 
 U. S. v. George, 228 U. S. 14, p. 280. 
 
 U. S. v. Germane, 90 U. S. 508, p. 313; 323. 
 
 U. S. v. Gibson, 188 F. 396; 188 F. 397; 47 F. 833, p. 102; 119; 143; 374. 
 
 U. S. v. Gilbert, 25 Fed. Cases No. 15205; 2 Sumn. 19; p. 226; 545. 
 
 U. S. v. Gin, 253 F. 210, p. 117. 
 
 U. S. v. Givings, 25 Fed. Case 1331, p. 551. 
 
 U. S. v. Glasener, 18 F. 566, p. 347. 
 
 U. S. v. Goldman, 207 F. 1002, p. 191. 
 
 U. S. v. Goodsay, 164 F. 157, p. 371. 
 
 U. S. v. Gordon, 235 F. 423, p. 35. 
 
 U S. v. Gowdy, 37 F. 383; 37 F. 332; p. 342; 359. 
 
 TJ. S. v. Gouled, 253 F. 239; 242 F. 64, p. 123. 
 
 U. S. v. Gradwell, U. S. Sup. Ct., April 1917; 234 F. 446; 227 F. 243; 
 
 p. 77; 365; 432. 
 U. S. v. Grassin, 3 Washington, 65; 26 Fed. Case, 10, p. 420. 
 U S. v. Greathouse, 26 Fed. Case 818, p. 408. 
 U. S. v. Green, 136 F. 641; 146 F. 804; 154 F. 402; 115 F. 343; 36 F. 
 
 618; p. 19; 154; 371. 
 U. S. v. Green, et al., 146 F. 778; 136 F. 618; p. 310; 375. 
 TJ. S. v. Greiner, 26 Fed. Case 15262, p. 408. 
 U. S. v. Griswold, 24 F. 361; 30 F. 604; 30 F. 762; P. 358. 
 U. S. v. Grodson, 164 F. 157, p. 613. 
 U. S. v. Gudger, U. S. Sup. Ct., Apr., 1919, p. 476. 
 U. S. v. Guiteau, 1 Mackey, 498, p. 533. 
 U. S. v. Guthrie, 171 F. 528, p. 582. 
 U. S. v. Gwynne, 209 F. 993; 209 F. 994, p. 640. 
 U. S. v. Haas, et al., 163 F. 908, p. 369; 333. 
 U. S. v. Haines, 26 Fed. Case No. 15275, p. 550. 
 U. S. v. Hall, 248 F. 53; F. 353; 150; 44 F. 864, 131 U. S. 50, 76 F. 5G6; 
 
 206 F. 485, p. 184; 286; 340; 168; 156; 22. 
 U. S. v. Hallowell, 271 F. 795, p. 391; 7. 
 U. S. v. Hallock 154 U. S. 537, p. 422. 
 U S. v. Hamilton, 9 F. 442, 57 F. 569, p. 163; 402. 
 U. S. v. Hammers, 241 F. 542, p. 509. 
 U. S. v. Hammon, 68 F. 472, p. 97. 
 TJ. S. v. Hammond, 246 F. 40, p. 385. 
 
 U. S. v. Hand, 6 McLean, 274; 26 Fed. Case No. 15296, p. 552. 
 U. S. v. Hansee, 79 F. 303, p. 348. 
 U S. v. Hardison, 135 F. 419, p. 281. 
 U. S. v. Hardy, 256 F. 284, p. 113. 
 U. S. v. Harned, 43 F. 376, p. 313. 
 U. S. v. Hare, 2 Wharton Criminal Case, 283, 26 Federal Case, 148, p. 
 
 154. 
 U. S. v. Hargrave, 26 Fed. Case, No. 15306, p. 268. 
 U. S. v. Harmison, 3 Saw., 556, p. 97. 
 U. S. v. Harmon, 45 F. 418, p. 174. 
 TJ. S. v. Harper, 33 F. 480; 474; 475; p. 604; 597. 
 U. S. v. Harris, 122 F. 551, 106 U. S. 629, 27 Law Ed. 290, p. 177; 
 
 432; 438. 
 U, S. v. Hart, Pet. C. C, 390 S. C. 3, Criminal Case, 304, p. 156. 
 U. S. v. Hart, 131 F. 866; 140 F. 843; 146 F. 202; 214 F. 655; 216 F. 
 
 374, p. 659; 357; 67. 
 U. S. v. Hartman, 65 F. 490, p. 359. 
 U. S. v. Harvey, 8 Law Rep. 77, p. 156. 
 TJ. S. v. Haskell, 26 Fed. Case, 207, p. 551. 
 U. S. v. Healey, 202 F. 349, p. 160.
 
 xxxiv Table of Cases. 
 
 U. S. v. Hearing, 26 F. 744, p. 285; 281. 
 
 U. S. v. Heike, 175 F. 852, p. 14. 
 
 U. S. v. Heinze, 177 F. 770; 183 F. 907; 218 U. S. 542; 161 F. 425; 
 
 532, p. 109; 601; 595; 596. 
 U. S. v. Henkel, 185 F. 553, p. 33. 
 U. S. v. Herald, 159 F. 296, p. 175. 
 
 U. S. v. Hess, 124 U. S. 483; 124 U. S. 483; p. 372; 197. 
 U. S. v. Hewecker, 79 F. 59, p. 528. 
 U. S. v. Hicks, 256 F. 707, p. 235. 
 U. S. v. Higgerson, 46 Fed. Rep. 750, p. 563. 
 U. S. v. Higgins, 194 F. 539, p. 186. 
 U. S. v. Hilberry, 29 F. 705, p. 166. 
 
 U. S. v. Hill, 263 F. 812, U. S. Sup., Jan., 1919, p. 68; 476. 
 U. S. v. Hillegrass, 176 F. 444, p. 606. 
 U. S. v. Hipolite Egg Co., 220 U. S. 45, p. 624. 
 U. S. v. Hirsch, 100 U. S. 33, p. 371. 
 U. S. v. Hodges, 26 Fed. Case, 332, p. 408. 
 U. S. v. Hoke, 187 F. 992, p. 639. 
 U. S. v. Hollis, 246 F. 611, p. 140. 
 U. S. v. Holmes, 104 F. 884, p. 539. 
 U. S. v. Holt, 270 F. 639, p. 508. 
 
 U. S. v. Holte, 236 U. S. 140; 236 U. S. 140, p. 364; 373; 640. 
 U. S. v. Hoos, 232 F. 328, p. 599. 
 U. S. v. Hopkins, 199 F. 649; 26 F. 443, p. 620; 268. 
 U. S. v. Horman, 118 F. 780, p. 192. 
 U, S. v. Horner, 44 F. 677, p. 213. 
 
 U. S. v. Houghton, 14 F. 544; 14 F. 544; p. 615; 341. 
 U. S. v. Howard, 3 Wash. 430, 26 Fed. Case, 390—15404; 132 F. 325; 
 
 37 F. 666, p. 446; 557; 287; 278. 
 U. S. v. Howell, 64 F. 110, p. 263. 
 U. S. v. Hoxie, 26 Fed. Case, 397, p. 408. 
 U. S. v. Hoyt, 255 F. 927, p. 510. 
 U. S. v. Hudson, 7 Cranch. 32, p. 236. 
 
 U. S. v. Huff, 13 F. 630; 206 F. 700; 13 F. 639, p. 548; 293; 29. 
 U. S. v. Hughes, 70 F. 972, p. 422. 
 U. S. v. Huilsman, 94 F. 486, p. 166. 
 U. S. v. Hughitt, 45 F. 47, p. 604. 
 U. S. v. Hull, 14 F. 324, p. 355. 
 U. S. v. Hunt, 166 U. S. 1063, p. 50. 
 U. S. v. Hutchings, 26 Fed. Case, 440, p. 556. 
 U. S. v. Hyde, 132 F. 545, p. 128. 
 U. S. v. Hydes, 267 F. 470, p. 506. 
 U. S. v. Inabet, 41 F. 130, p. 167. 
 
 U. S. v. Ingham, 97 F. 935; 49 F. 155, p. 332; 356; 375. 
 U. S. v. Innes, 218 F. 705, p. 117. 
 U S. v. Insley, 54 F. 221, p. 50. 
 
 U. S. v. International Harvester Co., 214 F. 987, p. 138. 
 U. S. v. Irvine, 56 F. 375, p. 212. 
 U. S. v. Irwine, 5 McLean, 178, p. 339. 
 U. S. v. Jackson, 1 Hughes, 531; 2 F. 502; p. 572; 615. 
 U. S. v. Jacob, 254 F. 741, p. 242. 
 U. S. v. Jacobson, 257 F. 760; 26 Fed. Case, No. 16461; p. 6; 51; 102; 
 
 555. 
 U. S. v. James, 256 F. 102, p. 476. 
 U. S. v. Janowiz, 42 Sup. Ct. Rep., 40, p. 257. 
 U. S. v. Jarvis, 59 F. 357, p. 187. 
 U. S. v. Jasick, 252 F. 931, p. 200. 
 IT S. v. Jenks, 258 F. 763, 264 F. 697; p. 43; 599. 
 U S. v. Jenkins, 26 Fed. Case, No. 15437a, p. 549. 
 U. S. v. Jenkins, et al, 176 F. 672, p. 101.
 
 Table of Cases. xxxv 
 
 U. S. v. Jin, 225 F. 1003; 241 U. S. 394, p. 509. 
 
 IT. S. v. Jin Foy Moy, Sup. Ct., Oct. Term, 1915; 241 U. S. 394, p. 509. 
 
 U. S. v. Johnson, 228 F. 251; 177 F. 313; 221 U. S. 488, p. 624; 630. 
 
 U. S. v. Jolly, 37 F. 118, p. 254. 
 
 U. S. v. Jones, 230 F. 262; 69 F. 973; 3 Wash. C. C, 209; 230 F. 263; 
 
 32 F. 482; 193 U. S. 530, p. 19; 68; 275; 380; 385; 545. 
 U. S. v. Joyce, 136 F. 455, p. 587. 
 U. S. v. Kallas, 272 F. 743; 272 F. 743, p. 65; 366. 
 U S. v. Kamberz, 236 F. 378; 256 F. 247, p. 462. 
 U. S. v. Kane, 23 F. 748; 19 F. 42, p. 372; 156. 
 U. S. v. Kee, 39 F. 603, p. 299. 
 U. S. v. Keen, 5 Mason, 453, p. 300. 
 
 U. S. v. Keitzel, 211 U. S. 370, 156 F. 396, p. 372; 371. 
 U S. v. Kelley, 11 Wheat, 417, p. 549. 
 U. S. v. Kelsh, 272 F. 848, p. 6; 71. 
 U. S. v. Kelso, 86 F. 304, p. 123. 
 U. S. v. Kennerly, 209 F. 119; p. 179; 174. 
 U. S. v. Kenney, 90 F. 257, p. 603. 
 U. S. v. Kenofskey, 235 F. 1019, p. 200. 
 U. S. v. Kerr, 159 F. 185, p. 163. 
 U. S. v. Kessel, 62 F. 57, p. 323; 375. 
 U S. v. Kessler, 26 Fed. Case, 766, 15528, p. 554; 557. 
 U. S. v. Keystone Watch Co., 218 F. 502, p. 138. 
 U. S. v. Kilpatrick, 16 F. 765; p. 301; 303. 
 U. S. v. Kimball, 117 F. 161, p. 18. 
 U S. v. King, 250 F. 90S; 229 F. 275, p. 141; 235. 
 U. S. v. Kirby, 74 U. S. 19; Law Ed., 278, p. 15,5. 
 U. S. v. Kissel, 173 F. 823; 62 F. 57, p. 33; 366. 
 U S. v. Klauder, 240 F. 501, p. 178. 
 U. S. v. Kline, 210 F. 954, p. 175. 
 U. S. v. Klintock, 5 Wheat. 144, p. 545. 
 U. S. v. Komie, 194 F. 567, p. 220; 223. 
 U. S. v. Koop, 245 F. 871, p. 234. 
 U. S. v. Koplik, 155 F. 919, p. 357. 
 U. S. v. Kraft, 249 F. 920, p. 182. 
 U. S. v. Kramer, 262 F. 395, p. 404. 
 U. S. v. Kresteff, 185 F. 201, p. 635. 
 U. S. v. Krichman, 256 F. 974; p. 333; 377. 
 U. S. v. Kuhl, 85 F. 624, p. 259. 
 U. S. v. Kuenstsler, 74 F. 220, p. 348. 
 U. S. v. Lacher, 134 U. S. 624, p. 163. 
 U. S. v. Lackey, 99 F. 952; 120 F. 57, p. 574. 
 U. S. v. Laeski, 29 F. 699, p. 265. 
 U. S. v. Lair, 118 F. 98, p. 359. 
 U. S. v. Lake. 129 F. 499, p. 285. 
 U. S. v. Lamar, 210 F. 685, p. 102. 
 U. S. v. Lamkin, 73 F. 459, p. 171. 
 U. S. v. Lamson, 173 F. 673; 165 F. 80, p. 279; 586. 
 U. S. v. Lancaster, 44 F. 885, p. 439. 
 U. S. v. Lantry, 30 F. 232, p. 151. 
 U. S. v. Lawrence, 13 Blatch, 211, p. 664. 
 U. S. v. Law, 59 F. 915, p. 279. 
 U. S. v. Lavoie, 182 F. 934, p. 634. 
 U. S. v. Lee, 90 F. 256; 170 F. 613, p. 50; 164. 
 IT. S. v. Legg, 105 F. 933, p. 395. 
 U. S. v. Lehman, 39 F. 768, p. 401. 
 U. S. v. Lew, 224 F. 649, p. 117. 
 U. S. v. Lewis, 253 F. 469; 192 F. 834; 192 F. 633; 235 U. S. — ; 11 F. 
 
 630; U. S. Sup. Ct. Rep., Oct. Term, 1914; p. 36; 39; 243; 620; 727. 
 U S. v. Libby, W. & M. 221, p. 512.
 
 xxxvi Table op Cases. 
 
 U. S. v. Linnier, 125 F. 83, p. 534. 
 
 U. S. v. Lissner, 12 F. 840, p. 269. 
 
 U. S. v. Listnian, 263 F. 798, p. 365. 
 
 U. S. v. Lockwood, 164 F. 772, p. 586. 
 
 U. S. v. Loftin, 12 F. 671, p. 187. 
 
 U. S. v. Logan, 26 Fed Case, No. 15624; 12 Sup. Ct. 617; 36 Law Ed. 
 
 429, p. 428; 576. 
 U. S. v. Lombardo, Oct. Term, Sup. Ct, 1915; 228 F. 980, 241 U. S. 73, 
 
 p. 18; 44; 642. 
 U. S. v. Lonabaugh, 158 F. 314, p. 369. 
 U S. v. Long, 30 F. 678, p. 222. 
 U. S. v. Lonkapot, 43 F. 64, p. 384. 
 U. S. v. Lophansky, 232 F. 297, p. 164; 168. 
 U. S. v. Loring, 91 F. 881, p. 194. 
 U. S. v. Lowenthal, 257 F. 444, p. 510. 
 
 U S. v. Lowry, 2 Wash. 169, 26 Fed. Case, Nc. 15636, p. 202. 
 U. S. v. Lynch, 256 F. 983; 26 Fed. Case, No. 15648; 259 F. 982; 49 F. 
 
 85; p. 97; 212; 238; 333; 549. 
 U. S. v. Lydecker, 275 F. 976; 275 F. 977, p. 7; 63. 
 U. S. v. Madison, 21 F. 628, p. 281. 
 U. S. v. Maid, 116 F. 650, p. 278. 
 U. S. v. Mallard, 40 Sup. Ct. 151, p. 277. 
 U S. v. Malone, 9 F. 897, p. 98. 
 U. S. v. Manion, 44 F. 800, p. 278. 
 U. S. v. Mann, 160 F. 552, p. 228. 
 U. S. v. Mansfield, 177 F. 765, p. 622. 
 U. S. v. Mansion, 44 F. 800; p. 341. 
 U. S. v. Manufacturing Co., 240 F. 235, p. 12. 
 
 U. S. v. Marchant & Colson, 25 U. S. 479; 6 Law Ed. 700, p. 103. 
 U. S. v. Maresca, 266 F. 713, p. 6. 
 U. S. v. Markewich, 261 F. 537, p. 35. 
 U. S. v. Marigold, 9 Howard, 560, p. 56. 
 U. S. v. Marrin, 170 F. 467; 227 F. 314, p. 50; 645. 
 U, S. v. Marquette, 271 F. 120; 270 F. 214, p. 7; 63. 
 U. S. v. Martin, 176 F. 110; 17 F. 150; 4 Cliff (U. S.), 156; 50 F. 918; 
 
 140 F. 256; p. 151; 171; 293; 368; 460. 
 U. S. v. Martindale, 146 F. 291, p. 19. 
 U. S. v. Marx, 122 F. 964, p. 373. 
 U. S. v. Mason, 213 U. S. 115; 179 F. 552, 12 Blatchf. (U. S.), 497, p. 
 
 227; 263; 434; 443. 
 U. S. v. Masters, 264 F. 250, p. 506. 
 U. S. v. Mathie, 274 F. 225, p. 508. 
 U. S. v. Matthews, 35 F. 890, p. 163. 
 U. S. v. Maxey, 200 F. 1001, p. 191. 
 U. S. v. Mayer, 81 F. 159, p. 315; 721. 
 U. S. v. McAndrews, et al., 149 F. 823, p. 140. 
 U. S. v. McAvoy, 25 Fed. Case 1044; 6 Blatchf, 418, p. Ill; 556. 
 U. S. v. McClarty, 191 F. 538, p. 605. 
 U. S. v. McClellan, 127 F. 971, p. 520; 690. 
 U. S. v. McCoy, 193 U. S. 599, p. 216. 
 U. S. v. McCready, 11 F. 225, p. 166. 
 U. S. v. McCrory, 175 F. 802, p. 213. 
 U. S v McCullagh, 221 F. 288, p. 457. 
 U. S. v. McDee, 4 Dill, 128, p. 286. 
 U. S. v. McDonald, 8 Biss, 439; 26 Fed. Case No. 15667; 265 F. 695; 265 
 
 F. 754, p. 105; 212. 
 U. S. v. McHie, et al, 196 F. 586, p. 66. 
 U. S. v. McHugh, 253 F. 224, p. 366. 
 U. S. v. McKinley, 127 F. 166; 126 F. 242; 343; 373. 
 U. S. v. McLeod, 119 F. 416, p. 300.
 
 Table of Cases. xxxvii 
 
 U. S. v. McVickar, 164 F. 894, p. 197. 
 
 U. S. v. Meager, 37 F. 875, p. 528. 
 
 U. S. v. Means, 42 F. 599, p. 604. 
 
 U. S. v. Melfi, 118 F. 899; 118 F. 902, p. 369; 400. 
 
 U. S. v. Memphis Railroad Co., 6 F. 239 p. 301. 
 
 U. S. v. Meresces, 266 F. 713, p. 63. 
 
 U. S. v. Mescall, 164 F. 584, p. 394. 
 
 U. S. v. Metzdorf, 252 F. 933, p. 200. 
 
 U. S. v. Metzer, 270 F. 291, p. 507. 
 
 U. S. v. Meyers, 140 F. 907, p. 165. 
 
 U. S. v. Michalski, 265 F. 933, p. 200. 
 
 U. S. v. Miller, 8 Utah, 29, p. 215. 
 
 U. S. v. Milner, 36 F. 890, p., 372. 
 
 U. S. v. Mincey, 254 F. 287, p. 506. 
 
 U. S. v. Mitchael, 153 F. 609, p. 357. 
 
 U. S. v. Mitchell, 274 F 128; 2 Dall. 348; 2 Dall, 26 Fed. Case, 1277; 
 
 p. 8; 87; 141; 371; 408; 666. 
 U. S. v. Mixon, et al, 235 U. S. 231, p. 144. 
 U S. v. Mobelnski, 118 F. 495, p. 174. 
 U. S. v. Moref, 136 F. 491, p. 576. 
 
 U. S. v. Morehead. U. S. Sup. Ct., April, 1917, p. 282. 
 U. S. v. Morgan, 22 U. S. 274; 222 U. S. 274, p. 620; 621. 
 U. S. v. Moore, 104 F. 78; 60 F. 738; 144 F. 962; 18 F. 686, p. 177; 
 
 313' 347* 403. 
 U S. v.' Morris, 16 Blatch (U. S.), 133 F. 26, Fed. Case, No. 15813, p. 
 
 125; 223; 322; 433. 
 U. S. v. Monisey, 245 F. 923, p. 118. 
 U. S. v. Morse, 161 F. 429, p. 605. 
 U. S. v. Mossen, 238 F. 383, p. 101. 
 U S. v. Mounday, et al, 208 F. 186, p. 67. 
 U. S. v. Mullins, 71 F. 682, p. 292. 
 U. S. v. Munday, 186 F. 375, p. 374. 
 U. S. v. Mundell, Hughes, 415; 6 Coll, 245; 27 Fed. Case, No. 15834, 
 
 p. Ill; 293. 
 U. S. v. Murphy, 224 F. 554; 264 F. 842; 9 F. 26; 84 F. 60; 253 F. 404; 
 
 244 F. 554; 261 F. 751; p. 39; 51; 80; 119; 361; 420; 508. 
 U S. v. Mustgrave, 160 F. 243, p. 175. 
 
 U. S. v. Mutual Association, 131 U. S. , p. 89. 
 
 U S. v. Myler, 27 Fed. Case, No. 15849, p. 346. 
 
 U. S. v. Nagler, 252 F. 217, p. 182. 
 
 U S. v. Natura Company, 250 F. 925, p. 626. 
 
 U. S. v. Neal, 14 F. 767, p. 281. 
 
 U. S. v. Nearing, 252 F. 223, p. 182. 
 
 U. S. v. Nelson, 254 F. 889; 199 F. 464, p. 10-283. 
 
 U. S. v. Netcher, I Storey, 307, p. 551. 
 
 U. S. v. Nevin, 199 F. 831, p. 25; 37; 41; 831. 
 
 U S. v. Newton, 275 F. 394; 52 F. 275; 48 F. 218, p. 359; 363; 368; 626. 
 
 U. S. v. Nixon, et al. Sup. Ct. of U. S. Oct. Term, 1914; 235 U. S. 231, 
 
 p. 119; 731. 
 U. S. v. Noelke, 1 F. 426, p. 177. 
 Q S. v. N. Y., 131 F. 323, p. 398. 
 U S. v. North, 184 F. 153, p. 145. 
 U. S. v. Norris, 255 F. 423, p. 140. 
 U. S. v. Norton, 91 U. S. 250; also sec. 344 Penal Code Appendix; 188 
 
 F. 256, p. 136; 601. 
 U. S. v. Northway, 120 U. S. 327; 30 Law Ed. 665; 120 U. S. 336; 30 
 
 Law Ed. 664, p. 597; 710. 
 U. S. v. Nunez, et al., 82 F. 599, p. 421. 
 U. S. v. O'Brien, et al, 75 F. 900, p. 416; 422. 
 U. S. v. O'Donnell, 165 F. 218, p. 172.
 
 xxxviii Table of Cases. 
 
 U. S v. Olney, 38 F. 328, p. 184; 187. 
 
 U. S. v. Olson, 253 F. 232, p. 234. 
 
 U. S. v. Oltney, 31 F. 68, p. 267. 
 
 U. S. v. One, 272 F. 188; 259 F. 641; 257 F. 251; 259 F. 645; 262 F. 375; 
 
 273 F. 253; 273 F. 275; 274 F. 470; 274 F. 473; 274 F. 926; 263 P. 
 
 241, p. 506; 570. 
 U. S. v. One Machine, 267 F. 501, p. 506. 
 U. S. v. One Purple Costume, 158 F. 899, p. 659. 
 U. S. v. One Trunk, 175 F. 1012; 184 F. 317; 171 F. 772, p. 658; 659. 
 U. S. v. Oppenheim, 228 F. 220; 228 F. 221; U. S. Sup. Ct. 1916, p. 64; 
 
 243. 
 U. S. v. Orr, 233 F. 717, p. 588. 
 
 U. S. v. O'Sullivan, 27 Fed. Case, No. 15975, p. 422. 
 U. S. v. O'Toole, 236 F. 993, 433. 
 
 U. S. v. Owens, 17 F. 72; 37 F. 112; 32 F. 534, p. 269; 615. 
 U. S. v. Palmer, 3 Wheat 610, p. 545; 556. 
 U. S. v. Pape, 233 F. 270, p. 182. 
 U. S. v. Parker, 121 U. S. 596, p. 574. 
 U. S. v. Parsons, 261 F. 223, p. 510. 
 
 U. S. v. Patten, 226 U. S. 525; 187 F. 664; 226 U. S. 527, p. 138; 144. 
 U. S. v. Patterson, 172 F. 241; 201 F. 698; 29 F. 775, p. 98; 138; 282. 
 U. S. v. Patrick, 53 F. 356; 54 F. 338, p. 439. 
 U. S. v. Paul, 6 Peters, 141 p. 54. • 
 U. S. v. Pecham, 143 F. 625, p. 46. 
 U. S. v. Pena, 69 F. 983, p. 422. 
 U S. v. People's, 271 F. 790, p. 5. 
 
 U. S. v. Perez, 9 Wheat 578, Vol. 6, Law Ed. 165 p. 53. 
 U S. v. Perlman, 247 F. 158, p. 110. 
 U. S. v. Perrin, 131 U. S. 55, p. 372. 
 U. S. v. Persons, 2 Blatchf. 104, p. 166. 
 
 U S. v. Peters, 87 F. 985; 32 Abb. (U. S.) 494, p. 267; 603. 
 U. S. v. Peterson, 268 F. 864; 64 F. 145; 27 Fed. Case, 515, p. 507; 
 
 529; 551. 
 U. S. v. Pettus, 84 F. 791, p. 283. 
 U. S. v. Phelan, 250 F. 927; 225 F. 891, p. 12; 242. 
 v. Phila. Co., 125 U. S. 113, p. 92. 
 v. Phila Railway Co., 221 F. 683, p. 110. 
 v. Phillips, 196 F. 574, p. 616. 
 v. Pierce, 245 F. 878; 245 F. 888, p. 123; 182. 
 v. Pile, 130 U. S. 280, p. 98. 
 U. S. v. Pine River Logging & Improvement Co., 89 F. 907, p. 386. 
 U. S. v. Pirates, 5 Wheat 184; 5 Wheat 184, p. 422; 545. 
 IT. S. v. Pittman, 27 Fed. Case, 540, p. 554. 
 U. S. v. Pitto, 267 F. 603, p. 68. 
 U. S. v. Pitts, 112 F. 522, p. 251. 
 U. S. v. Piowaty, 251 F. 375, p. 141. 
 U. S. v. Plyer, 222 U. S. 15, p. 344. 
 U. S. v. Pollack, 230 F. 532, p. 120. 
 U. S. v. Polite, 35 F. 58, p. 301. 
 U. S. v. Politzer, 59 F. 273, p. 212. 
 U. S. v. Porlate, et al., 235 U. S. 27, p. 729. 
 U. S. v. Porrazo, 242 F. 276, p. 7. 
 U. S. v. Porria, 255 F. 172, p. 11. 
 U. S. v. Post, 113 F. 852, p. 189. 
 U. S. v. Postmaster, 221 F. 687, p. 246. 
 U. S. v. Powell, 151 F. 648, p. 437. 
 U. S. v. Praeger, 149 F. 484, p. 13. 
 U. S. v. Pratt, 27 Fed. Case, No. 16082, p. 187. 
 U. S. v. Premises, 246 F. 185, p. 5. 
 U. S. v. Prentis, 182 F. 894, p. 634. 
 
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 Table of Cases. xxxix 
 
 U. S. v. Press Publishing Co. 219 U. S. 1, p. 543. 
 
 IL S. v. Pressy, i Lowell, 319, p. 570. 
 
 U. S. v. Price, 163 F. 904, p. 13. 
 
 U. S. v. Pryor, 27 Fed. Case, 628, p. 408. 
 
 U. S. v. Puhac, 268 F. 392, p. 507. 
 
 U. S. v. Purple, 133 F. 243, p. 175. 
 
 U. S. v. Purvis, 195 F. 618, p. 210. 
 
 U. S. v. Quartius, 267 F. 227, p. 7; 10. 
 
 U. S. v. Quincy, 6 Peters, 445, p. 423. 
 
 U. S. v. Raich, 144 F. 486; 163 F. 911; p. 197; 398. 
 
 U. S. v. Ram, 254 F. 635, p. 423. 
 
 U. S. v. Ray, 275 F. 1004, p. 6. 
 
 U. S. v. Reagan, 273 F. 729, p. 645. 
 
 U. S. v. Reed, Fed. Case, No. 16134, p. 41. 
 
 U. S. v. Reichurt, 32 F. 142, p. 358. 
 
 U. S. v. Reid, 12 Howard, 363; 73 F. 289, p. 21; 177. 
 
 U. S. v. Reid, et al., 210 F. 486, p. 550. 
 
 U. S. v. Reiley, 173 F. 159; 131 U. S. 59; 33 Law Ed. 75, p. 341; 372. 
 
 U. S. v. Reinheimer, 233 F. 545, p. 177. 
 
 U S. v. Reed, 274 F. 724, p. 655. 
 
 U. S. v. Rennecke, 38 F. 847, p. 572. 
 
 U. S. v. Reece, 4 Sawyer, 629, p. 346. 
 
 U. S. v. Reeves, 92 U. S. 21; 23 Law Ed. 563, p. 431. 
 
 U. S. v. Reynolds, et. al., 235 U. S. 133; 244 F. 991; U. S. Sup. Ct. 
 Oct. Term, 1914, p. 510; 523; 721 
 
 U. S. v. Rhodes, 212 F. 518; 212 F. 513; 30 F. 431, p. 283; 358; 518: 
 617. 
 
 IT S. v. Rice, 192 F. 720, p. 50. 
 
 U. S. v. Richards, 149 F. 443, p. 371. 
 
 U. S. v. Ridgway, 199 F. 281, p. 210. 
 
 U. S. v. Riddle, 4 Wash. 644, p. 551. 
 
 U. S. v. Ridnour, 119 F. 401, p. 577. 
 
 U. S. v. Rintelen, 233 F. 793; 235 F. 787, p. 45- 140. 
 
 U. S. v. Rio Grande, etc., 184 U. S. 423, p. 133 
 
 U S. v. Rispoli, 189 F. 271, p. 640. 
 
 XL S. v. Robertson, 257 F. 195, p. 282. 
 
 IT. S. v. Rockefeller, 260 F. 346, p. 456. 
 
 U. S. v. Roekteschell, 208 F. 530, p. 404. 
 
 U. S. v. Robinson, 259 F. 685; 266 F. 240; 266 F. 240, p. 5; 365. 
 
 IT. S. v. Rogers, 150 U. S. 249; 37 Law Ed. 1071; 46 F. 1; 27 Fed- 
 Case, No. 16187; 226 F. 512; p. 529; 365; 549. 
 
 IT. S. v. Rohmstorimm, 5 Blatchf. 222, p. 347. 
 
 U. S. v. Rolinger, 27 Fed. Case, No. 16190— a, p. 576. 
 
 IT. S. v. Rose, 212 F. 518, p. 284. 
 
 U. S. v. Rosenblum, 121 F. 180, p. 212. 
 
 U. S. v. Rosenstein, 211 F. 738, p. 280. 
 
 U. S. v. Rosenthal, 126 F. 766, p. 396. 
 
 U. S. v. Rossenwasser, 255 F. 233, p. 123. 
 
 IT. S. v. Rossi, 268 F. 620, p. 257. 
 
 IT. S. v. Rotagozak. 275 F. 558. p. 12. 
 
 IT. S. v. Roussopulous, 95 F. 977; 95 F. 978, p. 266; 272. 
 
 U. S. v. Route, 33 F. 246, p. 359. 
 
 U. S. v. Royer, 122 F. 844, p. 222; 227. 
 
 IT. S. v. The Resolute, 40 F. 543, p. 422. 
 
 U. S. v. The Robert & Minnie, 47 F. 84, p. 422. 
 
 U S. v. Rubin, et al., 218 F. 245, p. 111. 
 
 U. S. v. Ruggles, 5 Mass. 192, p. 551. 
 
 U. S. v. Rush, 196 F. 580, p. 350. 
 
 U. S. v. Russell, 22 F. 390; 41 Sup. Ct. Rep. 260; U. S. Sup. Ct. April, 
 1921; 19 F. 591, p. 268; 300; 301; 358.
 
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 xl Table of Cases. 
 
 U. S. v. Ryan, 123 F. 634, p. 194. 
 U. S. v. Rydowski, 267 F. 866, p. 508, 
 U. S. v. Sacein, 269 F. 33, p. 506. 
 U. S. v. Sacia, 2 F. 754, p. 363. 
 U. S. v. Sacks, 42 Sup. Ct. Rep. 38 p. 257. 
 U. S. v. Safford, 66 F. 942, p. 165. 
 U. S. v. Salen, 216 F. 420, p. 280; 283. 
 U. S. v. Sandefur, 145 F. 849, p. 583. 
 U S. v. Sander, 241 F. 417, p. 423. 
 
 U. S. v. Sanders, 6 McClain, 598; 77 F. 170, p. 151; 166. 
 U. S. v. Sanges, 48 F. — , p. 439. 
 U. S. v. Sauer, 88 F. 249, p. 194. 
 
 U. S. v. Schallinger, 230 F. 290, p. 45; 47; 125; 626. 
 v. Schawver, 214 F. 154, p. 455. 
 v. Schenck, 253 F. 212, p. 366. 
 v. Schider, U. S. Sup. Ct. Apr., 1918, p. 626. 
 v. Schlierholz, 137 F. 616; 133 F. 333, p. 312; 616. 
 U. S. v. Schlatter, 235 F. 381, p. 200. 
 
 U. S. v. Schooner, 2 Paine, 25 Fed. Case, No. 14755; 16344, p. 516; 549. 
 U. S. v. Schrader, 40 Sup. Ct. Rep. 251, p. 233. 
 U. S. v. Schulte, 252 F. 213, p. 182. 
 U. S. v. Schulze, 253 F. 377, p. 182. 
 U. S. v. Schwarz, 230 F. 537, p. 211. 
 U. S. v. Scott, 232 F. 192, p. 45. 
 U. S. v. Sears, 55 F. 268, p. 156. 
 
 U. S. v. Seagrist, 27 Fed. Case, Nos. 16245; 16037, p. 549. 
 U S. v. Selkirk, 258 F. 775, p. 456. 
 U. S. v. Sharp, 27 Fed. Case, 16246, p. 459. 
 U. S. v. Shelton, 100 F. 831, p. 151. 
 U. S. v. Sherwood, 177 F. 596, p. 191. 
 U S. v. Shinn, 14 F. 447, p. 281. 
 U. S. v. Shorey, 9 Internal Revenue 302, 27 Fed. Cas. No. 16281, also 
 
 page 349, Vol. Gould & Tucker Notes, p. 136. 
 U. S. v. Sibray, 178 F. 144, p. 633. 
 U. S. v. Silverthorne, 265 F. 853, p. 44. 
 U. S. v. Simon, 248 F- 980; 146 F. 92; 
 U. S. v. Simmons, 61 F. 640, p. 187. 
 
 U. S. v. Simpson, 229 F. 940; 40 Sup. Ct. 364, p. 13; 476. 
 U. S. v. Sischo, 262 F. 1001, p. 630. 
 U. S. v. Sisson, 230 F. 974, p. 117. 
 U S. v. Six Barrels, 253 F. 199, p. 625. 
 U. S. v. Skinner, 218 F. 871, p. 17. 
 U. S. v. Slusser, 270 F. 818, p. 508. 
 U. S. v. Smaller, 275 F. 1011, p. 6. 
 U. S. v. Smart, 237 F. 978, p. 51. 
 U. S. v. Smiley, 27 Fed. Case, 1132, p. 554. 
 U. S. v. Smith, 163 F. 926; 262 F. 191; 156 F. 859; 152 F. 542; 11 
 
 Utah, 433; 5 Wheat 153; 45 F. 115; 69 F. 971; 11 F. 663; 269; 40 
 
 F. 755 F 191; 1 Dill. 212; 27 Fed. Case, No. 16333, 173 F. 227; 
 
 227 F. 165; 45 F. 561; 166 F. 958; 163 F. 926; 115 F. 423, p. 167; 
 
 187; 197; 198; 203; 251; 246; 292; 334; 336; 349; 358; 457; 
 
 545; 576; 607; 688; 805. 
 U. S. v. Snyder, 14 F. 554, p. 71; 215. 
 U. S. v. Sohm, 265 F. 910, p. 573. 
 U. S. v. Somers, 164 F. 259, p. 175. 
 U. S. v. Sprague, 208 F. 419; 48 F. 828, p. 625. 
 U. S. v. Stafoff, 268 F. 417, p. 507. 
 U. S. v. Stamapoulos, 164 F. 524, p. 367. 
 U. S. v. Standard Oil Co., 173 F. 177, p. 139. 
 U. S. v. Staples, 45 F. 195, p. 192.
 
 Table of Cases. xli 
 
 U. S. v. Starnes, 37 F. 665, p. 576. 
 
 U. S. v. Steinman, 172 F. 913, p. 607. 
 
 U. S. v. Stell, Co., 40 Sup. Ct. Rep. 293, p. 140. 
 
 U. S. v. Stephens, 245 F. 956, p. 120. 
 
 U. S. v. Stevens, 44 F. 132; 52 F. 120, p. 260; 367. 
 
 U. S. v. Stilson, 254 F. 120, p. 91. 
 
 U. S. v. St. John, 254 F. 794, p. 102. 
 
 U. S. v. St. Louis Railway Co., 169 F. 73, p. 79. 
 
 U. S. v. Stoho, 251 F. 689, p. 200. 
 
 U. S. v. Stone, 197 F. 483; 188 F. 836; 8 F. 232; 8 F. 239, p. 22; 111; 
 
 432; 553. 
 U. S. v. Stores, 14 F. 824, p. 384. 
 U. S. v. Strickrath, 242 F. 151, p. 200. 
 U. S. v. Strobach, 48 F. 902, p. 359. 
 U. S. v. Strong, 263 F. 789, p. 365. 
 U. S. v. Stubblefield, 40 F. 454, p. 567. 
 U. S. v. Sugarman, 245 F. 605, p. 182. 
 U. S. v. Sullivan, 250 F. 623, p. 462. 
 U. S. v. Sweeney, 95 F. 434, p. 32. 
 U. S. v. Taucher, 233 F. 597, p. 423. 
 U. S. v. Taylor, 108 F. 621, p. 351. 
 U. S. v. Terrell, 1 Fed. Case, 999, p. 556. 
 IT. S. v. Terry, 41 F. 771, p. 290. 
 
 U. S. v. Thayer, 209 U. S., 154 F. 508, p. 335; 688; 805. 
 U. S. v. Thomas, 55 F. 380; 47 F. 807; 69 F. 588; 28 Fed. Case No. 
 
 16471, p. 156; 166; 300. 
 U. S. v. Thompson, 28 Fed. Case, No. 16492, 202 F. 346; 31 F. 331; 40 
 
 Sup. Ct. Rep. 289; 147 F. 637, p. 43; 96; 287; 456; 641. 
 U. S. v. Three Copper Stills, 47 F. 495, p. 577. 
 
 U. S. v. Three Friends, 166 U. S. 1; Lawyers Ed. 41, page 915, p. 419. 
 U S. v. Tinglepaugh, 3 Blatchf. 425, p. 291. 
 U. S. v. Todd, 25 F. 815, p. 341. 
 
 U. S. v. Tract of Land, 1 Wood 475; 28 Fed. Case, 203, p. 409. 
 U. S. v. Trans-Missouri Freight Association, 166 U. S. 290, p. 140. 
 U. S. v. Trasp, 127 F. 471, p. 162. 
 U. S. v. Trice, 30 F. 490, p. 546. 
 U. S. v. Trosper, 127 F. 467, p. 168. 
 U. S. v. Trumbull, 48 F. 99, p. 422. 
 U. S. v. Tsokas, 163 F. 129, p. 636. 
 U. S. v. Tuberclecide Co., 252 F. 938, p. 625. 
 U. S. v. Tucker, 188 F. 741, p. 625. 
 U S. v. Tully, 140 F. 899; 28 Fed. Case, 16545; 1 Gallis, 247 F. 545, 
 
 p. 527; 557. 
 U. S. v. Turner, 7 Peters, 132, 8 Law. Ed. 633, p. 258. 
 U. S. v. Twenty Caskets, etc., 133 F. 910, p. 582. 
 U. S. v. Two Cans, 268 F. 866, p. 626. 
 U. S. v. Underwood, 267 F. 412, p. 201. 
 Ulmer v. U. S., 266 F. 176; 219 F. 641, p. 91; 280. 
 U. S. v. Uhl, 266 F. 35, p. 117. 
 U. S. v. Union, 259 F. 907, p. 365. 
 U. S. v. Union Mfg. Co., 240 U. S. 605, p. 244. 
 U. S. v. Union Pacific, 188 F. 102, p. 139. 
 U. S. v. U. S., 262 F. 459, p. 462. 
 
 U. S. v. United Shoe Company, 264 F. 138, p. 141; 235. 
 U. S. v. Van Auken, 96 U. S. 366, p. 266. 
 U. S. v. Vanduzee, 140 U. S-, 173, p. 19; 40 
 U. S. v. Vane, 254 F. 28, p. 645. 
 
 U. S. v. Van Horn, 20, International R. E. E., 145, p. 751. 
 U. S. v. Van Leuven, 2 F., 62; 62, F., 62; 62, F., 935, p. 323, 331, 3.59. 
 U S. v. Vanranst, 28 Fed. Case No. 16608, p. 555.
 
 xlii Table of Cases. 
 
 U. S. v. Van Schaick, 134, F. 592, 134, F. 594, p. 539, 695. 
 
 U. S. v. Vigol, 28, Fed. case 376, p. 408. 
 
 U. S. v. Vilato, 2 Dall. 370, p. 408. 
 
 U. S. v. Voltz, 14 Blatchf, 15, p. 282. 
 
 U. S. v. Voorhes, 9, F. 864, p. 603. 
 
 U S. v. Wan, 160 F. 207, p. 28; 218. 
 
 U. S. v. Wallace, 40 F. 144, p. 359. 
 
 U. S. v. Waller, 225 F. 673, p. 120. 
 
 U. S. v. Wallis, 268 F. 413, p. 117. 
 
 U. S. v. Waitz, 3 Sawy, 28 Fed. Case, No. 16631, p. 313. 
 
 U. S. v. Walsh, 22 F. 622, p. 285. 
 
 U. S. v. Walter Scott Stamp Co., 87 F. 721, p. 218. 
 
 U. S. v. Watkins, 3rd, Cranch, C. 441; 58 F. 492; 136; 208. 
 
 U. S. v. Watson, 266 F. 736; 35 F. 358; 251 F. 310, p. 6; 194; 655. 
 
 U. S. v. Weber, 210 F. 973, p. 270. 
 
 U S. v. Webber, 210 F. 973, p. 254. 
 
 U. S. v. Welch, 243 F. 996, p. 432. 
 
 U. S. v. Wello, 225 F. 320; 262 F. 833; 186 F. 248; 163 F. 313, p. 77; 45; 
 
 140; 181; 621. 
 U. S. v. Wells Co., 186 F. 248, p. 9. 
 U. S. v. Welsh, 250 F. 309, p. 248. 
 U S. v. Weis, 181 F. 860, p. 634. 
 U. S. v. Weitzel, U. S. Supt. Ct. April, 1918, p. 599. 
 U. S. v. Wentworth, 11 F. 52, p. 342. 
 U. S. v. Werner, 247 F. 709, p. 408. 
 U. S. v. Westerwelt, 5 Blatchf, 30, p. 512. 
 U S. v. Wetrnore, 218 F. 227, p. 109. 
 U S. v. Wheeler, 254 F. 611, p. 432. 
 U. S. v. Whiting, 212 F. 467, p. 139. 
 U. S. v. Whipley, 125 F. 617, p. 207. 
 U. S. v. White, 19 F. 724; 150 F. 379, p. 197; 266. 
 U. S. v. Wilberger, 5 Wheat, U. S. 76, p. 408. 
 U. S. v. Wilcox, 4 Blatchf, 385; 243 F. 993, p. 347; 432. 
 U. S. v. Williams, 3 F. 484; 26 F. 690; 14 F. 550; 57 F. 210, p. 151; 
 
 177; 217; 251. 
 U. S. v. Wiltbarger. 5 Wheat, 97, p. 409. 
 U. S. v. Winchester, 3 McLean, 135, p. 281. 
 U. S. v. Windharm, 264 F. 376, p. 506. 
 U. S. v. Wing, 211 F. 935, p. 115. 
 U. S. v. Wilson, 60 F. 890; 44F. 751; 46 F. 748; 225 F. 82; 176 F. 806: 
 
 226 F. 712; 44 F. 593; 28 Fed. Case 699; 28 Fed. Case, 718; 28 Fed. 
 
 Case 16732; 144 U. S. 24; 60 F. 890; 7 Peters, 159, p. 11; 96; 154: 
 
 163; 167; 215; 259; 347; 363; 373; 509; 605; 635. 
 U. S. v. Woods, 224 F. 278; 224 F. 280; 28 Fed. Case, No. 16759, p. 471; 
 
 509; 575; 630. 
 U. S. v. Woodson, 357 F. 358, p. 192. 
 U. S. v. Wooten, 29 F. 702, p. 192. 
 U. S. v. Woodward, 44 F. 592, p. 156. 
 U. S. v. Wupperman, et al, 215 F. 135, p. 365. 
 U. S. v. W. W. Fishing Co., 224 F. 274, p. 625. 
 U. S. v. Wynn, 9 F. 894, p. 9. 
 U. S. v. Ybanez,»53 F. 536. 
 U. S. v. Yee Ling, 222 F. 154, p. 629. 
 U. S. v. Yennie, 74 F. 221, p. 22 also at p. 151. 
 U. S. v. Yet Yee, 192 F. 577, p. 115. 
 U. S. v. Yohn, 275 F. 232, p. 462. 
 U. S. v. Young, 232 U. S. 155; 215 F. 286; 25 F. 710; 128 F. Ill, p. 25; 
 
 191; 227; 604. 
 U S. v. Yount, 267 F. 861, p. 48. 
 U. S. v. Youtsey, 91 F. 864; 91 F. 867, p. 597; 603.
 
 Table of Cases. xliii 
 
 U. S. v. Yuen, 211 F. 1001, p. 115. 
 U. S. v. Yuginni, 266 F. 745; 274 F. — , p. 506; 578. 
 U. S. v. Zarafonitis, 150 F. 99, p. 50. 
 
 V. 
 Van Werkhoven, 250 F. 311, p. 248. 
 Vane v. U. S. 254 F. 28, p. 102; 653. 
 
 Van Dusen v. U. S. 151 F. 989, p. 197. 
 Van Schaick v. U. S. 159 F. 847, p. 539. 
 Van Pelt v. U. S. 240 F. 347, p. 636. 
 Vernon v. U. S., 146 F. 121, p. 376. 
 Veeder v. U. S., 252 F. 414, p. 5. 
 Vives v. U. S., 92 F. 355, p. 222. 
 Vicksburg v. O'Brien, 119 U. S. 99, p. 246. 
 Virginia v. Rives, 100 U. S. 313, p. 432. 
 Virginia v. Paul, 148 U. S. 107, p. 43. 
 Vicksburg v. Putnam, 118 U. S. 545, p. 92. 
 Violitte v. Walsh, 272 F. 1014, p. 506. 
 Voves v. U. S. 249 F. 191, p. 507. 
 Voege v. U. S. 270 F. 219, p. 95. 
 
 W. 
 
 Watlington v. U. S. 233 F. 247, p. 238. 
 
 Wauen v. Flower, 29 Fed. Cas., 255, p. 247. 
 
 Ward v. Congress, 99 F. 598, p. 247. 
 
 Wan Din v. U. S., 135 F. 704, p. 371. 
 
 Wallace v. Van Riswick, 92 U. S. 202, p. 409. 
 
 Warren v. U. S., 183 F. 718, p. 183; 199 F. 753, p. 616. 
 
 Walker v. U. S., 152 F. Ill, p. 194. 
 
 Walsh v. U. S., 177 F. 208, p. 101; 174 F. 615, p. 606. 
 
 Wagman v. U. S., 269 F. 568, p. 118. 
 
 Wallace v. U. S., 243 F. 300, p. 119; 509. 
 
 Walster v. U. S., 42 F. 891, p. 163. 
 
 Westinghouse v. Diamond, 268 F. 121, p. 235. 
 
 Westin v. Conn, 111 Pa. 251, p. 236. 
 
 Weeds v. U. S., 41 Sup. Ct. Rep. 306, p. 246. 
 
 Wetzel v. U. S. 233 F. 984, p. 246; 274 F. 101, p. 320; p. 178. 
 
 West v. U. S., 258 F. 413, p. 287. 
 
 Wells v. U. S., 257 F. 605, p. 411. 
 
 Webber v. Freed, 239 U. S. 325, p. 182. 
 
 Weems v. U. S., 217 U. S. 349, p. 126. 
 
 Welsing v. U. S., 218 F. 369, p. 163. 
 
 Weddel v. U. S., 213 F. 208, p. 641. 
 
 Welch v. U. S., 220 F. 764, p. 641. 
 
 Wessel v. U. S., 262 F. 389, p. 56. 
 
 Weeks v. U. S., 232 U. S. 383, p. 67; 7; U. S. Sup. Ct, Feb., 1918, p. 625. 
 
 Weathers v. U. S., 269 F. 254, p. 88. 
 
 Webb v. U. S., U. S. Sup. Ct. March, 1919, p. 510. 
 
 Wesoky v. U. S., 175 F. 333, p. 586. 
 
 Wechsler v. U. S., 158 F. 579, p. 615. 
 
 Whittaker v. Brannon, 252 F. 556, p. 247. 
 
 Wheeler v. U. S., 159 U. S. 523, p. 133; 226 U. S. 478, p. 29. 
 
 Whiting v. U. S., 263 F. 477, p. 82. 
 
 Wiggins v. U. S., 214 F. 970, p. 253. 
 
 Williamson v. U. S., U. S. Sup. Ct. Oct. Term, 1907; 207 U. S. 425, p. 
 
 372. 
 Wilden v. U. S., 143 F. 433, p. 298. 
 Williams v. U. S., 168 U. S. 382, p. 313; 97; 254 F. 52, p. 112; 54; 70; 
 
 275 F. 129, p. 20; 158 F. 30, p. 580. 
 Windsor v. McVeigh, 93 U. S. 274, p. 409.
 
 xliv Table of Cases. 
 
 Wigborg v. U. S-, 163, U. S. 632, p. 417; 126. 
 Wilborg v. U. S., 163 U. S. 556, p. 92. 
 
 Wilson v. U. S., 190 F. 427, p. 199; 275 F. 307, p. 199; 123- 232 U. S. 563, 
 p. 640; 162 U. S. 613, p. 61; 221 U. S. 361, p. 17; 229 F. 344, p. 509. 
 Wine v. U. S., 260 F. 911, p. 199. 
 Williams v. Conger, 125 U. S. 397, p. 145. 
 Withamp v. U. S., 127 F. 530, p. 145. 
 Winters v. U. S., 201 F. 845, p. 179. 
 Wilder v. U. S., 143 F. 439, p. 42. 
 Winston v. U. S., 172 F. 304, p. 534. 
 Willingham v. U. S., 208 F. 137, p. 569. 
 Wolf v. U. S., 259 F. 388, p. 182; 238 F. 903, p. 618. 
 Woodruff v. U. S. 58 F. 767, p. 92. 
 Woerheider v. Jones, 199 F. 535, p. 125. 
 Woodman v. Bailey, 183 S. W., 107, p. 17. 
 Woods v. U. S., 174 F. 651, p. 606. 
 Wright v. U. S. 108 F. 805, p. 371. 
 Wright v. Henkel, 190 U. S. 62, p. 28. 
 
 Y. 
 Yeates v. U. S., 254 F. 60, p. 248; 635. 
 Ye Ging v. U. S., 190 F. 270, p. 115. 
 Yet Yee, 192 F. 577, p. 115. 
 Yick v. U. S., 240 F. 60, p. 367. 
 
 Young v. Corrigan, 208 F. 431; 210 F. 442, p. 81; 249 F. 937. 
 Young v. U. S., 272 F. 967; 242 F. 788; 272 F. 967, p. 10; 241; 507; 636. 
 Youngblood v. U. S., 266 F. 795, p. 143; 282. 
 Youmans v. U. S., 264 F. 425, p. 88; 28. 
 Youtsey v. U. S., 97 F. 940, p. 127. 
 
 Z. 
 
 Zion Institute, etc., v. Hollister, 3 Utah 301, p. 267.
 
 FEDERAL CRIMINAL LAW 
 
 CHAPTER I. 
 
 THE UNITED STATES CONSTITUTION. 
 
 § 1. The U. S. Constitution — Supreme Law. 
 
 2. Arts. V, VII, III, I. 
 
 3. Source of Federal Law. 
 
 4. Republican Guaranties 
 
 4a. "Unreasonable" Charges, Unreasonable Searches, amendments to 
 Constitution, etc. 
 
 5. Infamous Crimes. 
 
 5a. Felonies — misdemeanors. 
 5b. Information. 
 
 6. Jeopardy. 
 
 6a. Identity of offense must be shown. 
 6b. Jeopardy Continued. 
 
 7. Witness against self. 
 
 7a. Witness against self — Continued: Cannot compel one to accept 
 
 a pardon. 
 7b. Incrimination, Continued. 
 
 8. Art. VI of Constitution as bearing on trial by Jury; Copy of 
 
 Indictment and Confronting by Witnesses. 
 8a. Guarantees as to jury and procedure. 
 8b. Continued. 
 8c. Continued. 
 
 9. Federal Courts controlled by Federal Statute only. 
 9a. No common Law jurisdiction. Federal Procedure. 
 
 § 1. The United States Constitution — Supreme Law. 
 The Constitution of the United States provides in Sec- 
 tion 2 of Article VI., that, "The Constitution and the 
 laws of the United States which shall be made in pur- 
 suance thereof. ....'. shall be the supreme law of the land ; 
 the judges in every state shall be bound thereby, anything 
 in the Constitution or laws of any state to the contrary 
 notwithstanding. ' ' 
 
 § 2. Article V. of the Amendments to the Constitution 
 provides: 
 
 1 
 
 l
 
 2 Federal Criminal Law Procedure. 
 
 "No person shall be held to answer for a capital or otherwise in- 
 famous crime, unless on a presentment or indictment of a grand 
 jury, except in cases arising in the land or naval forces or in the 
 militia when in actual service in time of war or public danger; nor 
 shall any person be subject, for the same offense, to be twice put 
 in jeopardy of life or limb; nor shall be compelled in any criminal 
 case to be witness against himself; nor be deprived of life, liberty, 
 or property, without due process of law, nor shall private property 
 be taken for public use without just compensation." 
 
 Article VI. of the Amendments provides: 
 
 "In all criminal prosecutions, the accused shall enjoy the right to 
 a speedy and public trial, by an impartial jury of the state and dis- 
 trict wherein the crime shall have been committed, which district 
 shall have been previously ascertained by law, and be informed of 
 the nature and cause of the accusation; to be confronted with the 
 witnesses against him; to have compulsory process for obtaining 
 witnesses in his favor, and to have the assistance of counsel for his 
 defense." 
 
 By Article III. of the Constitution, the judicial power is 
 vested in a Supreme Court, and in such inferior courts as 
 Congress may establish. 
 
 In Section 8, Article I., Congress is authorized spe- 
 cifically to establish naturalization laws, uniform bank- 
 rupt laws, to coin money, to establish post-offices and 
 post-roads, to promote the progress of science and useful 
 arts, and to make all laws necessary and proper for carry- 
 ing into execution any of the powers vested by the Con- 
 stitution in the government of the United States, or in 
 any department or officer thereof. 
 
 § 3. From these specific grants of power, as well as 
 from the power that is inherent in sovereignty to pass 
 such regulations as will conserve the liberties of the in- 
 dividual and the existence of the sovereignty, has come 
 the Federal criminal law. 
 
 The power to establish post-offices and post-roads must 
 necessarily include the power to preserve them after so 
 being established; the power to coin money, the power to 
 promote science and arts, and the power to make all laws 
 necessary to promote the general welfare of the govern- 
 ment is sufficient, when delegated by the people, for the 
 foundation of a code, by the enforcement of which the
 
 The United States Constitution. 3 
 
 liberty, property, and life of individuals is taken through 
 the process of the Courts. 
 
 § 4. There are certain well known guarantees of our 
 republican form of government that are in the Constitu- 
 tion, most of which appear in the respective Constitutions 
 of the various states. These guarantees are: 
 
 (1) The privilege of the writ of habeas corpus shall 
 not be suspended, unless when in cases of rebellion or 
 invasion, the public safety may require it. (Section 9, 
 Article I., Paragraph 2.) 
 
 (2) No bill of attainder or ex post facto law shall be 
 passed. (Sec. 9, Art. I., Par. 3.) 
 
 (3) The trial of all crimes, except in cases of impeach- 
 ment, shall be by jury; and such trials shall be held in 
 the state where the said crimes shall have been com- 
 mitted; but when not committed within any state, the 
 trial shall be at such place or places as the Congress may 
 by law have directed. (Sec. 2, Art. III., Par. 3.) 
 
 (4) No person shall be convicted of treason, unless 
 on the testimony of two witnesses to the same overt act, 
 or on confession in open Court. (Sec. 3, Art. III., Par. 
 1.) The Congress shall have power to declare the pun- 
 ishment of treason, but not attainder of treason shall work 
 corruption of blood or forfeiture, except during the life 
 of the person attained. (Sec. 3, Art. III., Par. 2.) 
 
 (5) The citizens of each state shall be entitled to all 
 the privileges and immunities of citizens in the several 
 states. (Sec. 2, Art. IV., Par. 1.) A person charged in 
 any state with treason, felony, or other crime, who shall 
 flee from justice and be found in another state, shall, on 
 demand of the executive authority of the state from 
 which he fled, be delivered up, to be removed to the state 
 having jurisdiction of the crime. (Sec. 2, Art. IV., Par. 
 
 2.) 
 
 (6) The right of the people to be secure in their per- 
 sons, houses, papers, and effects, against unreasonable 
 searches and seizures shall not be violated; and no war- 
 rants shall issue but upon probable cause, supported by 
 oath or affirmation, and particularly describing the place 
 to be searched and the persons or things to be seized
 
 4 Federal. Criminal Law Procedure. 
 
 (Amendment IV.) Amendment V. guarantees that no 
 person shall be held to answer unless upon presentment 
 or by indictment, and that no person shall be twice put 
 in jeopardy of life or limb, nor compelled in any criminal 
 case to be a witness against himself, nor be deprived of 
 life, liberty, or property, without due process of law; 
 and Amendment VI. guarantees speedy trial in the prop- 
 er jurisdiction, that he shall be confronted with the wit- 
 nesses, be represented by counsel, and himself, entitled 
 to process for witnesses. 
 
 (7) Amendment VIII. provides excessive bail shall 
 not be required, nor excessive fines imposed, nor cruel 
 and unusual punshment inflicted. 
 
 § 4a. While power to punish for contempt committed 
 in the presence of the court, existing within the limits 
 of and sanctioned by the Constitution, is not controlled 
 by the limitations of the Constitution as to modes of ac- 
 cusation and methods of trial generally safeguarding the 
 rights of the citizen, judicial authority is not exempt 
 from Constitutional limitations; the great and only pur- 
 pose of the power being to secure judicial authority from 
 obstruction in the performance of its duties to the end 
 that means appropriate for the preservation and enforce- 
 ment of the Constitution may be secured. Ex parte Hudg- 
 ings, 39 Supreme Court Eeporter, 337. 
 
 An amendment to the Constitution is adopted in the 
 Constitutional way and the Secretary of State cannot in- 
 vestigate the truth of such amendment. Ratification, and 
 not proclamation, governs, hence mandamus as to the 
 Secretary of State does not lie. U. S. vs. Colby, 265 Fed., 
 998. 
 
 A violation of Constitutional provisions presumes in- 
 jury and such injury need not be shown. Davis vs. U. 
 S., 247 Fed., 394. 
 
 A statute which declares it to be unlawful to make an 
 unreasonable charge for an article, violates the Constitu- 
 tional provision which declares that the accused shall be 
 informed of the nature and cause of accusation. Lam- 
 born vs. U. S. Attorney, 265 Fed., 944; U. S. vs. Bernstein, 
 267 Fed., 295; Contra, Weed vs. Lockwood, 266 Fed., 785,
 
 The United States Constitution. 5 
 
 but the Supreme Court settled the conflict in 1921 in 41 
 Sup. Ct. Rep. 298, holding that the Lever Act, over which 
 most of these decisions arose, was unconstitutional so far 
 as the matter now being discussed is concerned. II. S. v. 
 Peoples, 217 F. 790. 
 
 The meaning of the words "two witnesses," as con- 
 tained in Section 3, of Article 3, relating to the crime of 
 treason, is that it is necessary to produce two direct wit- 
 nesses to the whole overt act; and while it may be pos- 
 sible to piece bits together of the overt act, yet every 
 part must have the support of two oaths, and hence con- 
 viction cannot be had on the testimony of one witness 
 together with circumstantial evidence, though it was 
 well-nigh conclusive. U. S. vs. Robinson, 259 Fed., 685. 
 
 Whatever may have been the slight vacillation of the 
 courts in the matter of the violation of that portion of 
 the constitution which relates to unreasonable searches 
 and seizures, it is now determined that there may be no 
 search warrant issued unless the court is furnished with 
 facts under oath and premises cannot be searched by 
 merely curious officers; such searches may be made only 
 when felonies are presently prosecutable and cannot be 
 made to discover whether there is a conspiracy to do 
 some unlawful thing. Veeder vs. U. S., 252 Fed., 414. _ 
 
 An affidavit for search warrant is insufficient which 
 does not state facts, and every agent cannot give consent 
 to an illegal search. In re Tri-State, 253 Fed., 605. 
 
 An illustration of what is an "unreasonable" search 
 will be found in U. S. vs. Premises, 246 Fed., 185. 
 
 The rule with reference to evidence that is secured 
 by unreasonable searches and seizures is, that such evi- 
 dence must be returned upon request -..that a conviction 
 secured upon such evidence or through such evidence 
 must be reversed. U. S. vs. Kraus, 270 Fed., 578; Flagg 
 vs. U. S., 233 Fed., 481; IT. S. vs. Abrams, 230 Fed., 313; 
 IT. S. vs. Friedburg, 233 Fed., 313; Ex parte Jackson, 
 263 Fed., 110. 
 
 And evidence so taken will not support an indictment?" 
 IT. S. vs. Bush, 269 Fed., 455. 
 
 A void warrant is no protection against a charge of 
 false imprisonment, or for an invasion of the home in
 
 6 Federal Criminal. Law Procedure. 
 
 violation of the constitution. Keichman vs. Harris, 252 
 Fed., 371; U. S. v. Kelih, 272 Fed., 484. 
 
 A defendant cannot be required to produce private pa- 
 pers before a grand jury, as this would be compelling 
 him to give evidence against himself. U. S. vs. Brasley, 
 268 Fed., 59. 
 
 See also post sections on admissibility of documentary 
 evidence secured illegally, and search warrants. 
 
 The Supreme Court, in the case of Gouled vs. U. S., 
 41 Sup. Ct. Eep., 261, and the case or Amos vs. U. S., 41 
 Sup. St. Rep., 266, held, that evidence illegally taken by 
 improper searches and seizures must be returned and 
 conviction set aside, if secured thereon. But see Miggins 
 vs. U. S., 272 Fed., 41. 
 
 See also U. S. vs. Maresca, 266 Fed., 713, for a defini- 
 tion of probable cause, application for return of property, 
 and the ordering of the return of property unlawfully 
 taken. See also U. S. vs. Eay, 275 F., 1004, as to insuffi- 
 ciency of affidavit based on belief and not facts. 
 
 An officer of a court having in his possession or under 
 his control property illegally seized, may be ordered to 
 return such property if it was unlawfully taken through 
 search and seizure. 
 
 A subpoena duces tecum is not an unreasonable search 
 and seizure when directed to the officer of a corporation 
 amenable to such process. U. S. vs. Watson, 266 Fed., 
 736. 
 
 A bail bond that has been forfeited may be remitted 
 under Section 1020. U. S. vs. Jacobson, 257 Fed., 760. 
 See also U. S. vs. Smaller, 275 F. 1011. 
 
 An administrative officer who violates the law and the 
 constitution in searching premises and seizing property 
 may not be ordered by a court, which does not have then 
 before it a justiciable case, to return the same. In re 
 Weinstein, 271 Fed. 5, also 271 Fed., 673. The rights of 
 such a sufferer would have to be secured through an in- 
 dependent action brought by him for damages for the 
 trespass and for such other relief as he might petition 
 the court for.
 
 The United States Constitution. 7 
 
 Papers which are in the possession of the prosecuting 
 officer to be used in a criminal prosecution, which have 
 been illegally seized, must, upon application, be returned, 
 and if the trial court should refuse to return them they 
 would be incompetent evidence at the trial. Weeks vs. 
 U. S., 232 U. S., 383. In Silverthrone Lumber Company 
 vs. U. S., 251 U. S., 385, the supreme court went further 
 and held that the prosecuting officer might not make any 
 use whatsoever of evidence so obtained. 
 
 Deportation proceedings are administrative and officers 
 who make illegal searches and seizures, even though such 
 officers be from the department of justice, they may not 
 be required to return such property by a court which 
 does not have the case before it. In re Weinstein, 271 
 Fed., 5. 
 
 Leave to file an information will be refused by the 
 court where the evidence against the defendant was pro- 
 cured by an unlawful search. U. S. vs. Quaritius, 267 
 Fed., 227. 
 
 Seizure of liquor from a private residence prior to 
 the taking effect of constitutional amendment, 18, on a 
 search made without a warrant by officers armed with 
 shot-guns and pistols, although there was "an invitation 
 to enter and consent to the seizure," held unlawful, and 
 the owner of the liquor held entitled to its return. U. S. 
 vs. Marquette, 271 Fed., 120; IT. S. vs. Kelih, 272 Fed., 
 484, even orders return of still when so unlawfully taken. 
 
 A diary kept by a defendant which came lawfully into 
 the possession of the government, even though, the de- 
 fendant had made a motion to have the same returned 
 to him, is usable in evidence. Pedersen vs. U. S., 271 
 Fed., 187. Self incrimination, see Elwell, vs. U. S., 275 F. 
 775. 
 
 Articles illegally seized will not be impounded, but 
 must be returned, even though contraband. U. S. vs. 
 Porazzo, 242 Fed., 276. See sec. b. See also U. S. vs. 
 Lydecker, 275 F. 977. 
 
 Indictment for resisting officer who is searching, and 
 seizure must show such actions constitutional, otherwise 
 it is defective. U. S. vs. Hallowell, 271 Fed., 795.
 
 8 Federal Criminal Law Procedure. 
 
 Search warrant and affidavit for different premises 
 held invalid. U. S. vs. Armstrong, 275 Fed., 506. 
 
 A plea in abatement interposed by the defendant on 
 the ground that the indictment was procured by the 
 wrongful use before the grand jury of evidence which 
 was obtained by an illegal search and seizure of private 
 papers and documents may be overruled by the trial 
 court, if he considers it just to overrule it, without fear of 
 reversal since Sec. 1011, R. S. U. S. as amended, reads 
 as follows, "there shall be no reversal in the Supreme 
 Court or in a circuit court upon a writ of error, for 
 error in ruling any plea in abatement, other than a plea 
 to the jurisdiction of the court, or for any error in fact." 
 Mounday vs. U. S., 225 Fed., 965. 
 
 In U. S. vs. Mitchell, 274 Fed., 128, Judge Dooling 
 reviews the prohibition statutes and the Constitutional 
 amendment and the search warrant statutes, and then 
 says "it is not merely a pro forma matter, but one of 
 utmost importance, that search warrants should be prop- 
 erly issued in the first instance. They should not be 
 lightly applied for, nor lightly issued, as they trespass 
 upon the most important rights of the people." 
 
 A search warrant to search a private dwelling should 
 never be issued until the issuing officer has asked "what 
 evidence have you that this place is being used for the 
 unlawful sale of intoxicating liquor?", and has received 
 evidence of such transgression. The 4th Amendment to 
 the Constitution is far more important to the people than 
 the conviction of one who has violated the prohibition 
 law. 
 
 Evidence illegally obtained is inadmissible and in the 
 absence of other evidence a directed verdict for the de- 
 fendant is proper. Holmes vs. U. S., 275 Fed., 49. Also 
 see 'Conner vs. Patter, 276 F. 32; Berry vs. U. S., 275 F. 
 680. 
 
 Evidence obtained by unlawful search is inadmissible 
 and where such evidence is liquor it may not be intro- 
 duced in evidence nor may the testimony of its finding 
 and seizure be introduced, and this, even though the seiz-
 
 The United States Constitution. 9 
 
 ing officers are a sheriff and his deputies instead of United 
 States officers. Dukes vs. U. S., 275 Fed., 142. 
 
 § 5. Infamous Crimes as Meant in Art. V. of Constitu- 
 tion. — In re Classen, 140 United States, 205, is the rank- 
 ing Supreme Court decision as to what is an infamous 
 crime, and that case hold that a crime which is punish- 
 able by imprisonment in a state prison or a state peni- 
 tentiary, is an infamous crime, whether or not the accused 
 is sentenced to hard labor; and the determination of the 
 question rests upon what the statute provides, and not 
 upon what the judge imposes. See also Fitzpatrick vs. 
 United States, 178 U. S., 307; McKnight vs. United 
 States, 113 Fed., 452; Good Shot vs. United States, 154 
 Fed., 258; Gritt Garritee vs. Bond, 102 Maryland, 383; 
 State vs. Nichols, 27 E. I., 83; United States vs. Wyrm, 
 9 Fed., 894; ex parte Wilson, 114 United States, 423; 
 Mackin vs. United States, 117 U. S., 351; ex parte Mc- 
 Clusky, 40 Fed., 74; Parkinson vs. United States, 121 
 U. S., 281; ex parte Bain, 121 U. S. 13, United States vs. 
 Cadwallader, 59 Fed., 679; United States vs. Dewalt, 128 
 U. S., 393. 
 
 Section 335 of the new Federal Criminal Code, in effect 
 January 1, 1910, contains this provision: 
 
 "All offenses which may be punished by death or imprisonment 
 for a term exceeding one year shall be deemed felonies; all other 
 offenses shall be deemed misdemeanors." 
 
 § 5a. Section 1022 provides that all crimes and of- 
 fenses committed against the provisions of Chapter 7, 
 title Crimes, which are not infamous, may be prosecuted 
 either by indictment or by information filed by a district 
 attorney. It was held in U. S. vs. Wells Co., 186 Fed., 
 248, that a prosecution for a violation of the Food & 
 Drugs Act, Section 2, 34 Stats. L. 768, for shipping adul- 
 terated food, wherein, upon conviction, a fine not exceed- 
 ing $200 for the first offense and for each subsequent 
 offense a fine not exceeding $300 or imprisonment not 
 exceeding one year, or both, in the discretion of the Court, 
 could be begun by information for the reason that the 
 offense charged was not a felony in that a defendant who
 
 10 Federal Criminal Law Procedure. 
 
 may not be imprisoned in a penitentiary for more than 
 one year, has not committed a felonious offense. 
 
 All offenses, therefore, which may not receive punish- 
 ment in excess of one year, are misdemeanors and no 
 convicted defendant may be sent to a penitentiary unless 
 his punishment exceeds one year. 
 
 § 5b. The court will refuse leave to file an informa- 
 tion where the evdience against the defendant was pro- 
 cured by an unlawful search. U. S. vs. Quaritus, 267 
 Fed., 227. 
 
 While it is the established practice for the prosecuting 
 officer to secure leave of the court to file an information 
 yet in the absence of a challenge, filing without permis- 
 sion is not prohibited by the constitution. The informa- 
 tion must allege that such permission has been granted. 
 U. S. vs. Simon, 248 Fed., 980. 
 
 A violation of the act of may 18, 1917, which is com- 
 monly known as the Selective Draft Act, may be in- 
 stituted by information. U. S. vs. Nelson, 254 Fed., 889. 
 
 The Fifth Amendment to the Constitution provides, 
 "no person shall be held to answer for a capital or other 
 infamous crime, unless on presentment or indictment by 
 a grand jury, except in cases arising in the land or naval 
 forces or the militia, when in actual service in time of 
 war or public danger." Section 5541 of the Eevised Stat- 
 utes of the United States provides, that where any per- 
 son convicted of an offense against the United States is 
 sentenced for a period longer than one year, the court 
 by which the sentence is passed may order the sentence 
 to be served within any jail or penitentiary within the 
 district or state where such court is held, the use of a jail 
 or penitentiary is allowed by the Legislature of the state 
 for that purpose. 
 
 In the case of Blanc vs. U. S., 258 Fed., 921, it was 
 held that prosecution under the draft act for keeping 
 a house of prostitution could be begun by information. 
 Also Hunter vs. U. S., 272 Fed., 235. 
 
 Keeping whiskey for illegal sale under National Pro- 
 hibition Act may be prosecuted by information. Young 
 rs. U. S., 272 Fed., 967.
 
 The United States Constitution. 11 
 
 § 6. Jeopardy. — Each American citizen, owing allegi- 
 ance to two governments, state and national, is the bene- 
 ficiary of both, and also liable to the pains and penalties 
 of both. He that sells whiskey must comply with both 
 state and federal laws, and a conviction or acquittal un- 
 der the laws of either is no impediment or safeguard to 
 prosecution from and by the other. One who sells whis- 
 key without taking out either state or federal license is 
 liable to prosecution by both governments. 
 
 The Courts have held, in re Boggs, 45 Federal, 475; U. 
 S. vs. Barnhart, 22 Federal, 290; Fox vs. Ohio, 5 Howard, 
 U. S., 434; Moore vs. Illinois, 14 Howard, U. S., 20, that 
 the jeopardy clause in the Federal Constitution is not a 
 limitation upon any state government, but I do not under- 
 stand such holding to mean that if one were put in jeop- 
 ardy twice by the state machinery, that he would thereby 
 be precluded from raising the question. While the jeop- 
 ardy clause in the Federal Constitution was doubtless 
 intended to relate to trials in the Federal courts, I am 
 sure that the constitutional guarantee could be success- 
 fully relied upon by a citizen of a state, if the effort were 
 made to place him in jeopardy twice by the state govern- 
 ment. 
 
 It will be borne in mind that a former conviction or ac- 
 quittal must be pleaded, and the protection is as ample 
 whether the former trial resulted in a conviction or an ac- 
 quittal. United States vs. Wilson, 7 Peters, 159; United 
 States vs. Ball, 163 U. S., 662; ex parte Glenn, 111 Fed- 
 eral, 261. 
 
 § 6a. Identity of Offense Must be Shown. — Louie vs. 
 U. S., 218 Fed., 36. 
 
 § 6b. Jeopardy Continued. — A conviction by a court- 
 martial prevents a conviction by the United States Dis- 
 trict Court. U. S. vs. Block, 262 Fed., 205. 
 
 A conviction in a state court will sometimes bar one in 
 the federal court, was held by the district court in the 
 case of U. S. vs. Porria, 255 Fed., 172. Where the de- 
 fendant had been convicted in a state court on an indict- 
 ment charging him with receiving and aiding in conceal- 
 ing stolen property, such property being the same as that
 
 12 Federal Criminal Law Procedure. 
 
 which the federal indictment alleged he had stolen from 
 an interstate commerce shipment and in the second connt 
 of which he was charged with having it in his possession, 
 such federal indictment was barred by the state convic- 
 tion. The court quotes Sec. 8604, U. S. Statutes, 1916, ' ' a 
 judgment of conviction or acquittal on the merits under 
 the laws of any state shall be a bar to any subsequent 
 prosecution " 
 
 See also Gavieres vs. U. S., 220 U. S., 338; 55 law edi- 
 tion, 489. 
 
 It is not jeopardy to convict one who broke open a post- 
 office for both larceny and breaking and entering. Mor- 
 gan vs. Sylvester, 231 Fed., 886. 
 
 It is not a denial of "due process" as guaranteed by 
 the fifth and sixth amendments to withdraw a case and 
 re-submit it. Lovata vs. State of New Mexico, 242 U. S., 
 199. 
 
 The changing of a judge, by the consent of the defend- 
 ant, and the continuance of the trial under the new judge, 
 which proceedings were subsequently set aside as nul- 
 lities, would not constitute jeopardy. Freeman vs. U. S., 
 237 Fed., 815. 
 
 Conviction under State Statutes not a bar to prosecu- 
 tion under Federal Statute for same act. U. S. vs. Rota- 
 gczak, 275 Fed., 558. 
 
 An acquittal by reason of a variance is not jeopardy, 
 was held, in U. S. vs. Phelan, 250 Fed., 927. 
 
 A conviction of murder in the first degree and a "with- 
 out capital punishment," recommendation by the jury, is 
 not an acquittal of first degree murder, and, upon another 
 trial and conviction the defendant may be given a death 
 sentence. Stroud vs. U. S., 251 U. S., 15; 40 supreme 
 court reporter, 50. A prosecution of a stockholder and 
 director of a corporation is not a bar to subsequent pro- 
 ceedings to forfeit the oleomargarine. U. S. Manufactur- 
 ing Company, 240 Fed., 235. 
 
 A prosecution on a defective indictment would not 
 bar a subsequent prosecution, where there was no ac- 
 quittal on the merits, when the court, upon the defects 
 being called to his attention, after the close of the testi-
 
 The United States Constitution. 1 
 
 • > 
 
 niony and the arguments to the jury, discharged the jury. 
 Simpson vs. U. S., 229 Fed., 940. ' 
 
 A plea of former acquittal should establish identity 
 of offenses and when such identity is established all of 
 the elements that enter into the original charge are barred 
 to further prosecution. U. S. vs. Clavin, 272 Fed., 985. 
 
 A test by which is determined a plea of former jeop- 
 ardy is whether if what is set out in the second indict- 
 ment had been proved under the first it would have sup- 
 ported a conviction, and, if it would, the second cannot 
 be maintained. Manning vs. U. S., 275 Fed., 29. 
 
 § 7. Witness Against Self. — That clause of Amend- 
 ment V., which declares that no person shall be compelled 
 in any criminal case to be a witness against himself, is 
 not limited to the defendant. It is a privilege that can 
 be claimed by any witness. Counselman vs. Hitchcock, 
 142 U. S., 562; U. S., vs. Collins, 145 Federal, 711; in re 
 Hess, 134 Federal, 111; United States vs. Praeger, 149 
 Federal, 484; Hale vs. Henkel, 201 U. S., 67; Jack vs. 
 Kansas, 199 U. S., 381; Burrell vs. Montana, 194 U. S., 
 578; Ballman vs. Fagin, 200 U. S., 195; Edelstein vs. 
 United States, 149 Federal, 642; United States vs. Simon, 
 L46 Federal, 92; in re Briggs, 135 N. C, 122; U. S. vp 
 Price, 163 Fed., 904. 
 
 There is nothing more barbarous than to compel dis- 
 closures which will degrade and convict the person so 
 compelled. Voluntary appearance no violation or depri- 
 vation of constitutional guarantee. Pendleton vs. U. S., 
 216 U. S., 305. See also sec. 20. See also Elwell vs. U. S., 
 275 F. 775. 
 
 Section 860 of the Revised Statutes of the United States 
 provides that no pleading of a party nor any discovery or 
 evidence obtained from a party or a witness by means of 
 a judicial proceeding in this or any foreign country shall 
 be given in evidence or in any manner used against him 
 or his property or his estate in any Court of the United 
 States in any criminal proceeding or for the enforcement 
 of any penalty or forfeiture. An interesting case, show- 
 ing the extent of the doctrine and the care with which 
 the Courts have preserved it, is McKnight vs. the United
 
 34 Federal Criminal Law Procedure. 
 
 States, 115 Federal, 981. In that case, the Circuit Court 
 of Appeals for the Sixth Circuit condemned as unconsti- 
 tutional a demand by the District Attorney of the de- 
 fendant for the original of a paper in evidence. 
 
 As to immunity from prosecution because of testimony 
 before Grand Jury, see U. S. vs. Heike, 175 Fed., 852. 
 When such is plead in bar burden is on the defendant, for 
 discussion thereon see same case. 
 
 § 7a. Continued. — See Section 39a. Section 860 of the 
 Revised Statutes was repealed by the Act of May 7, 1910, 
 Chapter 216, 36 Stats. L. 352, and the protection original- 
 ly afforded by it comes now directly from the fourth and 
 fifth amendments to the Constitution of the United States. 
 In fact Section 860 was narrower in its protection than 
 are the amendments. American Lithographic Co. v. 
 Werckmeister, 221 U. S., 603. 
 
 The Supreme Court of the United States in re Harris, 
 221 U. S., 274, determined in substance that a bankrupt 
 is not deprived of his Constitutional right not to testify 
 against himself by an order requiring him to surrender 
 his books to the duly authorized receiver. 
 
 This decision was made in the face of facts which were, 
 in substance, that the bankrupt had declined to testify 
 concerning a certain written statement of his assets and 
 liabilities, on the ground that it might tend to incriminate 
 him, and he also refused to produce his books and made 
 oath that the books contained evidence that might tend 
 to criminate him. The bankrupt relied upon the fifth 
 amendment and Counselman v. Hitchcock in 142 U. S., 
 547, but the Court said "If the order to the bankrupt 
 standing alone infringed his Constitutional rights, it 
 might be true that the provisions intended to save them 
 would be inadequate and nothing short of statutory im- 
 munity would suffice. But no Constitutional rights are 
 touched. The question is not of testimony, but of sur- 
 render — not of compelling the bankrupt to be a witness 
 against himself in a criminal case, present or future, but 
 of compelling him to yield possession of property that he 
 no longer is entitled to keep. If a trustee had been ap- 
 pointed, the title to the books would have vested-in him
 
 The United States Constitution. 15 
 
 by the express terms of Section 70 and the bankrupt could 
 not have withheld possession of what he no longer owned 
 on the ground that otherwise he might be punished. 
 That is one of the misfortunes of bankruptcy if it follows 
 crime. The right not to be compelled to be a witness 
 against one's self is not a right to appropriate property 
 that may tell one's story. As the bankruptcy court could 
 have enforced title in favor of the trustee, it could en- 
 force possession ad interim in favor of the receiver, 
 Section 2. In the properly careful provision to protect 
 from use of the books in aid of prosecution, the bankrupt 
 got all that he could ask." 
 
 In the above case the Supreme Court merely decides 
 that a bankrupt may not retain possession of his books, 
 the title to which is vested in his trustee, on the ground 
 that they contain matters which would subject him to 
 criminal prosecution, but the decision does not lessen in 
 any degree the protection of the amendments of the Con- 
 stitution about which we are talking. In other words, 
 having secured such books, from which the sovereignty 
 would gather data to support a prosecution against the 
 bankrupt, such sovereignty would be precluded from the 
 use of such testimony on the ground that the defendant 
 was forced to produce the same. 
 
 In U. S. vs. Bhodes, 212 Fed., 518, it was held that the 
 law is well settled that the Constitutional provision that 
 no man shall be compelled to be a witness against himself 
 enables a person, under ordinary circumstances, to refuse 
 not only to give oral testimony, but to produce his books 
 and papers, on the ground that they would tend to in- 
 criminate him. Boyd vs. U. S., 116 U. S. 616. And it is 
 held that a bankrupt, as well as any other person, is 
 entitled to the protection of such Constitutional provision. 
 In re Canter & Cohen, 117 Fed., 356; in re Dow's Estate, 
 105 Fed., 889. But evidence proposed to be used in a 
 perjury prosecution against a bankrupt secured by the 
 force of the bankrupt statute is not permitted by law to 
 be so used, under the Constitutional provision referred 
 to, as well as bv that of the bankrupt law. In re Harris, 
 164 Fed. 292.
 
 16 Federal Criminal, Law Procedure. 
 
 Sub-division 9 of Section 7 of the Bankrupt Act of 1898 
 and the immunity afforded by it are not applicable to a 
 prosecution for perjury committed by a bankrupt when 
 examined under it. The Constitutional guaranty of the 
 fifth amendment does not deprive the • law-making au- 
 thority of the power to compel the giving of testimony, 
 even though the testimony, when given, may serve to in- 
 criminate the witness, provided complete immunity be 
 accorded. The sanction of an oath and imposition of 
 punishment for false swearing are inherent parts of the 
 power to compel giving testimony and are not obviated 
 by immunity as to self-incrimination. The immunity 
 afforded by the fifth amendment relates to the past; it 
 is not a license to the person testifying to commit perjury 
 either under the provisions as to the giving of testimony 
 in Section 860 of the Revised Statutes or of the Bank- 
 ruptcy Act of 1898. The provisions in the Bankruptcy 
 Act compelling testimony do not confer an immunity wid- 
 er than that conferred by the Constitution. Glickstein 
 vs. U. S., 222 U. S., 139. 
 
 The Glickstein case was a prosecution for perjury com- 
 mitted by the defendant upon his examination before the 
 first meeting of his creditors, and the proposition that 
 the Supreme Court announces is merely that Congress 
 had a right to compel the bankrupt to disclose all matters 
 relating to his business, but to disclose them truthfully, 
 and if he saw fit to perjure himself upon such disclosure, 
 he could be made to suffer the penalty of a prosecution 
 for perjury. Had he testified upon such forced examina- 
 tion about facts that were the truth, such testimony could 
 not thereafter have been used against him in either a 
 civil or a criminal cause for the reason that the testi- 
 mony was not voluntary. 
 
 To the same effect is the decision in Dreier vs. U. S., 
 221 U. S., 394, which was a contempt proceeding to re- 
 quire Dreier to produce certain books of a corporation 
 which were in his possession and which he refused to 
 produce on the ground that they would incriminate him. 
 The court held that Dreier was not entitled to refuse the 
 production of the corporate records. By virtue of the
 
 The United States Constitution. 17 
 
 fact that they were the documents of the corporation in 
 his custody and not his private papers, he was under ob- 
 ligation to produce them when called for by the proper 
 process. See also Wilson vs. U. S., 221 U. S., 361; Hale 
 v. Henkel, 201 U. S., 43. 
 
 In Cameron vs. U. S., 192 Fed., 548, the Circuit Court 
 of Appeals for the Second Circuit held that Section 860 
 shall not exempt a bankrupt from prosecution for per- 
 jury in giving evidence in his bankruptcy proceedings, 
 nor does it prevent the introduction, in support of such 
 a charge, of the false statement and so much of the other 
 part of the accused's testimony as may be necessary to 
 make the charge intelligible. 
 
 In Powers vs. U. S., 223 U. S., 303, the Supreme Court 
 held that when the accused voluntarily becomes a witness 
 in his own behalf before a commission it is not essential 
 to the admissibility of his testimony that he be first 
 warned that what he says may be used against him and 
 it is of no avail, after he has testified voluntarily and un- 
 derstandingly, to thereafter make a motion to exclude his 
 testimony by way of a privilege under the fifth amend- 
 ment, because the defendant voluntarily testifying waives 
 his privilege and may be fully cross-examined as to the 
 testimony given. 
 
 The President cannot compel one to accept a pardon. A 
 pardon to be effective must be accepted, and the tender 
 of a pardon does not destroy the privilege of a witness 
 against self incrimination. He may reject the pardon 
 and refuse to testify on the ground that his testimony 
 may have an incriminating effect. Burdick vs. U. S., 
 236 U. S., 79, overruling U. S. vs. Burdick, 211 Fed., 493. 
 
 Interstate Commerce Commission has power to compel 
 attendance and testimony of witnesses, and witness has 
 immunity under Act February 11, 1893, even though 
 government does not inquire of him whether he claims 
 privilege. This question raised on demurrer. U. S. vs. 
 Skinner, 218 Fed., 871. 
 
 § 7b. This clause of the constitution is operative in 
 civil as well as criminal cases. Woodmen vs. Bailev, 183 
 S. W., 107. 
 
 2
 
 18 Federal Criminal Law Procedure. 
 
 A notice to a defendant in a criminal case to produce 
 documents is not permissible. Hanish vs. U. S., 227 Fed., 
 584; Green vs. U. S., 266 Fed., 779. 
 
 A witness before a federal grand jury cannot urge ob- 
 jections of incompetency and irrelevanvy to questions 
 which a party might urge, and, he may be required to 
 testify, subject only, to the constitutional exemptions 
 against self incrimination. Blair vs. U. S., 250 U. S., 273; 
 39 Sup. Ct. Eep., 468. 
 
 The danger of self incrimination must be real. Mason 
 vs. U. S., 244 U. S. 362. Whether a witness must answer 
 is determinable by the trial court in the exercise of its 
 sound discretion and unless there is reasonable ground, 
 distinct from a remote or speculative possibility, to ap- 
 prehend that a direct answer may prove, dangerous to 
 the witness, his answer should be compelled. 
 
 The fifth amendment is violated by the white slave act 
 which requires certain reports. U. S. vs. Loinbardo, 228 
 Fed. 980. 
 
 Where testimony vital to conviction is given under du- 
 ress, no conviction based thereon will be permitted to 
 stand. Ford vs. U. S. 259 Fed. 552. 
 
 A district attorney has no authority to make an agree- 
 ment with a defendant where the case is not within any 
 statue. U. S. vs. Ford 99 U. S. 594. 
 
 A person charged as a defendant may be in such con- 
 dition of duress that the court may infer that he was 
 "compelled," as the word is used in the constitution, 
 from the very fact that he is brought before the jury 
 and thereupon gives evidence. U. S. vs. Kimball, 117 
 Fed. 161. 
 
 Immunity by reason of having testified before a grand 
 jury may or may not follow, since one may claim his priv- 
 ilege, and his ignorance of such right would not neces- 
 sarily entitle him to claim immunity. U. S. vs. Bryant, 
 245 Fed. "682. 
 
 A compulsory attendance before a pension examiner 
 saves a witness from prosecution because immunity fol- 
 lows. Section 860 of the Revised Statutes offering a 
 certain sort of immunity is not as broad as the constitu-
 
 The United States Constitution. 19 
 
 tional protection afforded by the fifth amendment, and 
 the witness is not compelled to answer. U. S. vs. Bell, 
 81 Fed. 830. 
 
 § 8. Amendment VI. of the Constitution means a 
 trial by a common law jury, which consisted of twelve 
 men, Maxwell vs. Dow, 176 U. S. 586; Thompson vs. 
 Utah, 170 U. S., 349, and to such a hearing as the terms 
 and rules of the Court permit, Beavers vs. Haubert, 198 
 U. S., 86, and to such an explanation of the offense 
 charged as to afford the defendant ample pj'otection 
 from any subsequent prosecution and to enable him to 
 make his defense in the present one, United States vs. 
 Cruickshank, 92 U. S., 557; United States vs. Martin- 
 dale, 146 Federal. 291; United States vs. Green, 136 
 Federal, 641; Fitzpatrick vs. United States, 178 U. S., 
 309; Terry vs. United States, 120 Federal, 486; Milby 
 vs. United States, 149 Federal, 641; Bartlett vs. United 
 States, 106 Federal, 885. It is not necessary, however, 
 to furnish a copy of the indictment to the defendant, 
 United States vs. Vanduzee, 140 U. S., 173; United 
 States vs. Jones, 193 U. S., 530; Balliet vs. United States, 
 129 Federal, 689, unless the prosecution is for treason 
 or other capital offense, in which event Section 1033 of 
 the Revised Statutes of the United States provides the 
 procedure, which includes a copy of the indictment for 
 the defendant. The only exceptions to the guarantee 
 that the defendant shall be confronted with the witness 
 against him are the introduction of dying declarations 
 and the introduction of the testimony of a deceased wit- 
 ness who was sworn upon a former trial, and the testi- 
 mony taken in stenographic form, such testimony to be 
 supported by the oath of the stenographer, Kirby vs. 
 United States, 174 U. S., 61; West vs. Louisiana, 142 
 Federal, 4; Flynn vs. People, 222 Illinois, 309; Robert- 
 son vs. Baldwin, 165 U. S., 281; Mattox vs. United States, 
 156 U. S., 240; Motes vs. United States, 178 U. S., 471. 
 
 Section 878 of the Revised Statutes of the United 
 States authorizes the issuing of process for indigent de- 
 fendants when such defendants make affidavit in ac- 
 cordance therewith, but a rule of the Court limiting such 
 witnesses to four is not unreasonable.
 
 20 Federal Criminal Law Procedure. 
 
 § 8a. A defendant cannot consent to a trial by less 
 than twelve jurors in Texas in a state court in a felony 
 case and to allow the defendant to do so is fatal error. 
 Dunn vs. State, 224 S. W. 893. 
 
 Since the order for the drawing of jurors may be made 
 by the judge in chambers it is, therefore, valid for a 
 judge to make an order for the drawing of jurors in a 
 district other than the district in which the jurors are 
 to be drawn. Apgar vs. U. S. 255 Fed. 16. 
 
 The drawing of the jury must be done in accordance 
 with the statute and an assistant attorney, who does 
 what the clerk ought to do makes the drawing illegal. 
 U. S. vs. Murphy, 224 Fed. 554. The act was amended 
 on February 3, 1917, so as to allow a deputy clerk to 
 draw the jury as well as the clerk. 
 
 A marshal is presumed to be without favor but when 
 he hires a private detective out of his own funds he is 
 not indifferent. Johnson vs. XL S. 247 Fed. 92. 
 
 The duties of selecting person to act as a grand or petit 
 juror must be performed by the person authorized by 
 the statute to make such selection and cannot be dele- 
 gated to courts; and when the clerk did not participate 
 in the selection of the jury as required by 36 Stat., at 
 Sec. 1164, the error was prejudicial and an indictment 
 found by a grand jury so directed must be set aside as 
 the error is not a mere matter of form. Dunn vs. U. S. 
 238 Fed. 508. 
 
 Judicial Code 277, providing that ''jurors" shall be 
 returned from such parts of the district from time to 
 time as the court shall direct, so as to be most favorable 
 to an impartial trial, and so as not to incur unnecessary 
 expense or unduly burden the citizens of any part of the 
 district with such service, held, applicable to grand 
 jurors as well as petit jurors. Williams vs. U. S., 275 
 Fed. 129. 
 
 § 8b. In section 8, above, are cited cases which de- 
 fine and declare exceptions to the constitutional guaran- 
 tee that the defendant shall be confronted with the wit- 
 ness; to that list may now be added the case of Bergin 
 vs. State, 188 S. W. 423, where it was held that the testi-
 
 The United States Constitution. 21 
 
 mony of one given at a former trial with due oppor- 
 tunity for cross examination is admissible on a subse- 
 quent trial after death of such witness. 
 
 § 8c. In the federal court a copy of the indictment^ 
 in cases other than capital and treason may not be fur- 
 nished to the defendant by the government; a rule of ' 
 the district attorney's office, denying a list of the jury 
 until two days before trial in all cases less than capital 
 Ts^sustained in the case of Hendrickson vs. U. S. 249 
 Fed. 34. 
 
 § 9. It is well for the attorney whose practice has 
 been largely confined to the state courts to ever bear in 
 mind that the rules and forms of practice and methods 
 of pleading that are adopted by Federal Statute for pro- 
 cedure in the Federal Courts, do not apply to any ex- 
 tent in the trial of Federal criminal law. It is entirely 
 immaterial what the state statutes provide with refer- 
 ence to procedure in criminal cases, so far as the Fed- 
 eral Courts are concerned. The Federal statutes alone 
 control in criminal matters. In Logan vs. United States, 
 144 U. S., 301, the Supreme Court held that even Section 
 858 of the Revised Statutes of the United States, which, 
 in its concluding paragraph, seems to program the Hue 
 of competency for witnesses in the Courts of the United 
 States did not relate to criminal trials or witnesses in 
 criminal cases. The Court in that case said: 
 
 "For the reasons above stated the provisions of Section 858 of the 
 Revised Statutes, that 'the laws of the state in which the court is 
 held shall be the rules of decision as to competency of witnesses in 
 the Courts of the United States, in trial at common law and in equity 
 and admiralty,' has no application to criminal trials; and, therefore, 
 the competency of witnesses in criminal trials in the Courts of the 
 United States is not governed by a statute of the state." 
 
 Criminal cases in the Federal courts are governed and 
 controlled by Federal statutes and Federal decisions, 
 and state statutes and state decisions are inapplicable. 
 Jones vs. United States, 162 Fed., 419; United States vs. 
 Reid, 12 Howard, 363; Starr vs. United States, 153 U. 
 S., 625; Jones vs. United States, 137 U. S., 211; Sim-
 
 22 Federal Criminal, Law Procedure. 
 
 mons vs. United States, 142 U. S., 148; Lang vs. United 
 States, 133 Fed. 204; U. S. vs. Davis, 103 Fed. 457; U. S. 
 vs. Hall, 53 Fed., 353; U. S. vs. Stone, 8 Fed. 239. 
 
 § 9a. There is no common law jurisdiction in federal 
 courts. Oliver vs. U. S. 230 Fed. 971. 
 
 The federal courts in criminal procedure do not fol- 
 low the practice of the courts of the states in which they 
 sit. Myres vs. U. S. 256 Fed. 779. 
 
 State statutes relating to criminal procedure have 
 no application to prosecutions in the Federal courts. U. 
 S. vs. Bopp, 232 Fed. 177.
 
 CHAPTER II. 
 
 GENERAL PROVISIONS APPLICABLE TO THE PRACTICE. 
 
 § 10. Judicial Code and the Courts. 
 10a. Trial— public. 
 10b. TriaWPublic. 
 10c. Constitutional Trial. 
 
 11. U. S. Commissioners. 
 11a. Contempts. 
 
 lib. Contempt Defined. 
 
 lie. Contempt pendente lite. 
 
 lid. Illustrative Contempts. 
 
 12. Prosecution Begun by Indictment. 
 12a. Illustrations of Information Beginnings. 
 
 13. Grand Jury and Indictment. 
 
 13a. Grand Jury and Indictment — Continuea. 
 
 13b. Copy of the Indictment. 
 
 13c. Evidence before Grand Jury. 
 
 13d. Motion to Quash Indictment or Other Dilatory Plea. 
 
 13e. Information. 
 
 13f. Politics of grand jury; District found in, etc. 
 
 13g. Stenographic notes; Objections to indictment. 
 
 13h. Illegal evidence before grand jury. 
 
 14. Preliminary Proceedings. 
 14a. Warrant to Issue — When. 
 
 14aa. Warrant to issue, When — Continued : Also notary Unknown 
 
 in U. S. Law. 
 14b. Question of Indictment on Removal. 
 14bb. On Removal. 
 14c. Arraignment. 
 
 15. Bail Bond — Recognizance — Action thereon. 
 15a. Bail During Trial. 
 
 15aa. Bond, forfeiture, relief. 
 
 16. Challenges. 
 
 16a. Consolidation of Indictments. 
 
 16aa. Consolidation of indictments — Continued. 
 
 16b. Impeachment of Verdict by Juror. 
 
 17. Indictment and Return of Same. 
 17a. Endorsement on Indictments. 
 
 17aa. Indictment — Place of finding: Absence of Judge: Counts. 
 
 18. Consolidation of Indictments. 
 
 19. Question of Duplicity in Indictment. 
 19a. Duplicity — Continued. 
 
 20. Confessions. 
 
 20a. Confessions — Continued. 
 20b. Confession — Continued. 
 
 (23)
 
 24 Federal Criminal Law Procedure. 
 
 § 21. Admissibility of Documentary Evidence Secured Illegally. 
 21a. Method for Recovery of Illegally Secured Evidence. 
 21aa. Method for recovering illegally secured evidence, continued. 
 21b. Production of Documents. 
 21bb. Production of Documents, continued. 
 
 22. Comments or Improper Argument of District Attorney. 
 
 22a. Procedure When Improper Argument or Remarks are Made. 
 22b. Instances of Improper Remarks and of Remedies therefor. 
 
 23. Prosecuting Officer in Grand Jury Room; Limits of his 
 
 Expression. 
 23a. Misconduct — How raised. 
 
 24. Jury — Right of — Waiver — Necessity for Full Number — Illegal 
 
 to Try with Eleven. 
 24a. Comments by the Court. 
 24b. Comments and attitude of the court. 
 
 25. Care of Jury — Moral Weight of Verdict; Legal Weight of 
 
 Verdict; Newspapers with Jury — attempts to Influence Ver- 
 dict. 
 
 25a. Care of jury, continued. 
 
 25aa. Setting aside verdict. 
 
 26. Evidence of Good Character — Charge on Presumption Thereof. 
 ^ 26a. Good Character Becomes a Fact. 
 
 26b. Charge on, Refused When. 
 
 26bb. Charge on good character. 
 
 26c. Proof of Other Offense. 
 
 26d. Proof of other offenses, Continued. 
 
 26e. Good character not presumed. 
 
 27. Instructions of the Court, whether Written or Oral, Special 
 
 Instructions. 
 27a. Instruction of the Court, Continued. 
 27b. Exceptions to Charge after Jury retired. 
 27c. Exception to Charge. 
 
 28. Opinion of Court — How Guarded. 
 28a. The Court not Mere Presiding Officer. 
 28b. The Court not a mere Presiding Officer. 
 
 29. Court Cannot Comment on Lack of Evidence — Presumption of 
 
 Good Character. 
 
 30. Further Limitations on Court. 
 
 31. Verdict as to Part of Counts. 
 31a. Return of Verdict. 
 
 32. Sentence and Correction Thereof. 
 32a. Sentence — Correction — Practice. 
 32b. Single Sentence, What is. 
 
 33. No Authority to Suspend Sentence. 
 33a. No authority to Suspend. 
 
 34. Correction of Sentence; Control of Court over Sentence after 
 
 Term; New Trial; Motion for, When to be Made; May be 
 Made in Court of Appeals; Null and Void Criminal Judgment; 
 Whether May be Corrected, and How.
 
 General Provisions Applicable to the Practice. 25 
 
 § 34a. Sentence not Absolutely Void; Resentencing. 
 
 35. Remission of Penalty on Forfeited Recognizance. 
 35a. Fine Abated by Death. 
 
 35b. Fine — Recovery, etc. 
 
 36. Bail After Affirmance. 
 
 36a. Bail — Amount — Manner of Trial. 
 
 36b. Bail Matter of Discretion and Matter of Right, When. 
 
 36c. Voluntary Giving of Bond no Defense to Surety Liability. 
 
 37. Severance — Separate Trials — Discretion of Court. 
 
 38. Habeas Corpus — Conclusion of Law Therein Instead of State- 
 
 ment of Facts. 
 38a. Habeas Corpus. 
 38b. Habeas Corpus not to be used as Writ Error. 
 
 39. Immunity under Commerce Act by Reason of Testimony. 
 
 39a. Immunity Governs Testimony by the Commissioner of Corpora- 
 tions; As Applied to the Fifth Amendment; As Applied to 
 Section 860; Duces Tecum Basis of. 
 
 40. Improper Person in Grand Jury Room. 
 40a. Improper Presence in grand jury Room. 
 
 40b. Hearsay Testimony Before Grand Jury — Stenographer Before 
 Grand Jury. 
 
 41. Private Prosecutor Unknown in Federal Courts. 
 41a. Assignments to District Attorneys. 
 
 42. Proof of Witness's Former Conviction. 
 42x. Proof of Witness, Former Connection. 
 42y. Evidence of Another Crime. 
 
 § 10. Judicial Code and the Courts. — Article 3 of 
 the Constitution of the United States provides in sub- 
 stance that the judicial power of the United States shall 
 be vested in a Supreme Court and in such inferior courts 
 as Congress may establish. Passing by the courts of the 
 District of Columbia and the territorial courts there is 
 but one federal court in which indictments and infor- 
 mations may be lodged and tried, namely, the district 
 courts. Circuit courts were abolished by the Act of 
 March 3, 1911, which Act enlarged the jurisdiction of 
 the district courts, re-enacted the provisions relating to 
 the Supreme Court, Circuit Courts of Appeals, and 
 Court of Claims, and embraced the enactments estab- 
 lishing the Commerce Court and the Court of Customs 
 Appeals. This act was called the Judicial Code, and 
 went into effect January 1, 1912. The jurisdiction con- 
 ferred on the district courts up to January 1, 1912, is
 
 26 Federal. Criminal. Law Procedure. 
 
 enumerated in Section 563 of the 1878 statutes and the 
 jurisdiction conferred on the district courts by the new 
 Judicial Code is shown in Section 24 of that Code. 
 
 § 10a. Trial — Public. — The Constitution does not 
 necessarily mean that "public trial" means the presence 
 of spectators. When spectators are excluded defendant 
 should allege and show injury to set aside verdict. 
 Reagan vs. U. S., 202 Fed. 488. 
 
 § 10b. Trial — Public — Continued. — In the case of 
 Davis vs. U. S., 247 Fed. 394, the Circuit Court of Appeals 
 for the 8th Circuit reversed the conviction because the 
 court excluded from the court-room all spectators except 
 the relatives of the defendant, members of the bar and 
 newspaper reporters, holding that such action deprived 
 the defendants of a public trial which is guaranteed by 
 the constitution, and that prejudice will be implied, and 
 that an affirmative showing that the defendants were 
 harmed was unnecessary to justify a reversal. 
 
 This case in its holding seems to be in direct conflict 
 with the case of Reagan vs. U. S., cited in paragraph 
 10-a, in that circuit Judge Gilbert speaking for the Court 
 of Appeals of the 9th Circuit said, "we think the better 
 doctrine is that it is not reversable error to exclude the 
 spectators as was done by the order of the court in the 
 case at bar, when there is no showing whatever that the 
 defendant was prejudiced thereby, or deprived of the 
 presence, aid, or counsel of any person whose presence 
 might have been of advantage to him." 
 
 I am of the opinion that a violation of the constitu- 
 tional rights necessarily implies prejudice and, as said 
 in the Davis case, "more than that need not appear." 
 
 § 10c. Constitutional Trial — Court. — In some districts 
 the courts have been following the practice of permitting 
 pleas of guilty to be taken in felony cases, as well as mis- 
 demeanors, before the court, without a jury. It is not 
 believed that this practice is defensible. While there 
 are some states that permit this practice, a reading of 
 the cases from such states discloses that the constitu- 
 tional provision relating to jury trials in such states is 
 radically different from the federal provision. While it
 
 General Provisions Applicable to the Practice. 27 
 
 may be argued that it would be difficult for a defendant 
 who consented to such procedure to afterward undo it, 
 the fact remains that there is no constitutional way to 
 try one under the federal constitution for a felony save 
 by a jury presided over by a judge. 
 
 Often it would be quite convenient, and apparently 
 quite harmless, to allow the record to be silent as to the 
 number of jurors sitting; but it has been invariably 
 held by the federal courts that there are some things that 
 a defendant cannot waive — some things that a prose- 
 cuting attorney, as an agent of the people, cannot agree 
 to, and that, therefore, there is only one sort of jury, 
 viz., twelve men. 
 
 "When we review the history of the trial of persons 
 charged with crime and ascertain the growth, harvest 
 and perfection of the present system we understand the 
 solicitude of the people for the preservation of such 
 rights. 
 
 Originally the trial was by ordeal — hot iron or water 
 or some other method; later, during the reign of Henry 
 7th, it was decided that the guilt or innocence of a crimi- 
 nal charge was determined by a public court, in the 
 county where the offense occurred, before a jury of twelve 
 men, from whose unanimous verdict no appeal could be 
 had. To these final perfections has been added the right of 
 appeal ; in other words the verdict of the petit jury is not 
 final in the sense that it may not be appealed from. 
 
 A federal trial must be conducted before a jury of 
 twelve men and presided over by a judge and such judge 
 cannot be substituted during the trial. 
 
 In the case of Freeman vs. U. S., 227 Fed. 734, Circuit 
 Judge Rogers, speaking for the Court of Appeals of the 
 second circuit writes learnedly and interestingly of the 
 evolution of our system and of its constitutional rigors 
 and demands. 
 
 § 11. United States Commissioners. — The present 
 United States Commissioners, that correspond in a gen- 
 eral way to magistrates, justices of the peace, and other 
 state examining officers, were, under the old law, called 
 Commissioners of the Circuit Courts; but by the Act of
 
 28 Federal Criminal. Law Procedure. 
 
 May, 1896, all Circuit Court Commissioners were abolish- 
 ed, and thereafter it became the duty of the District Court 
 of each judicial district in the United States to appoint 
 such number of persons as it might deem necessary to be 
 known as United States Commissioners. This Act of 
 May, 1896, was an amendment to the old Section 627 of 
 the Eevised Statutes. The Criminal Code of 1910 does 
 not change the Act of 1896. 
 
 A United States Commissioner, however, is not a Court. 
 In the case of in re Sing Tuck, 126 Federal, 397, the Court 
 held a United States Commissioner to be neither a court 
 nor a judge, nor vested by law with any part of the 
 judicial power of the United States. A United States 
 Commissioner is an inferior officer of a court, appointed 
 by the court under authority of Congress, with denned 
 and circumscribed powers. United States vs. Case, 8 
 Blatchf., 250; United States vs. Schumaan, 2 Abb. U. S. 
 523; in re Kaine, 14 Howard, 103; United States vs. 
 Clark, 1 Gall., 497. See also in re Grin, 112 Federal, 795; 
 Rice vs. Ames, 180 U. S., 371; Wright vs. Henkel, 190 U 
 S., 62; Beavers vs. Henkel, 194 U. S. 87, as to other 
 powers of United States Commissioners, under proper 
 appointment from the Court. 
 
 In 100 Federal, page 950, in re Perkins, it was held that 
 a United States Commissioner cannot punish for con- 
 tempt, and the doctrine is reiterated that a United States 
 Commissioner does not, and cannot, hold a United States 
 Court, but is a part of the Court appointing him; and 
 when there be disobedience to his process or authority, 
 the Commissioner properly refers such disobedience 
 to the Court by whose authority he exists, which Court 
 pursues the proper methods for contempt proceedings. 
 In United States vs. Wah, 160 Federal, 207, the above 
 doctrine has been reiterated, and it is clearly stated and 
 argued, citing authorities, that United States Commis- 
 sioners are neither judges nor courts, nor do they hold 
 courts, though at some times acting in a quasi-judicial 
 capacity, nor do they possess the power of courts, except 
 in so far as the Acts of Congress conferring certain au-
 
 General Provisions Applicable to the Practice. 29 
 
 thority and imposing certain duties on them, especially 
 confer the same. 
 
 § 11a. Contempts. — In speaking of the authorities 
 that hold that a United States Commissioner is not a 
 court, I cited some precedents that have blazed a method 
 for punishing contempts before United States Commis- 
 sioners which suggests the subject as related to the 
 courts. There is never any difference of opinion as to the 
 power and right of a court to punish for contempts comit- 
 ted in its presence. This power is inherent and is a corol- 
 lary of authority itself. Just what outside acts amount to 
 a contempt and just how far the courts will go in enforc- 
 ing obedience is an interesting field and not quite so well 
 measured. For instance in Grant v. U. S., 227 U. S. 704, 
 it was held that a judgment for criminal contempt can 
 be reviewed only by writ of error and not by appeal and 
 that the personal privilege does not relieve an attorney 
 from producing, under subpoena of the federal grand 
 jury, books and paper of a corporation left with him for 
 safe-keeping by a client who claimed to be owner thereof, 
 and such production may be enforced even though the 
 books and documents would incriminate the attorney who 
 claimed to be holding them for his client. See also 
 Wheeler v. U. S. 226, U. S. 478. To the same effect is the 
 case of Norcross v. U. S., 209 Fed. 13, which held that a 
 contempt punishment would lie for the failure of the 
 secretary of a corporation to produce before a grand jury 
 the books and records called for in a subpoena duces 
 tecum and this though there was no pending charge be- 
 fore the grand jury against the corporation or any of its 
 officers or stockholders. This case was a writ of error 
 from a judgment by the lower court committing the of- 
 fending witness to imprisonment until he should conform 
 to the requirements of the subpoena and the above opin- 
 ion was by the Circuit Court of Appeals for the Ninth 
 Circuit. 
 
 In the case of U. S. v. Huff, 206 Fed. 700, District 
 Judge Grubb outlines the procedure and says that a con- 
 tempt proceeding, although instituted in civil form by an 
 order made in a pending suit directing the issuance of an
 
 30 Federal Criminal- Law Procedure. 
 
 attachment to bring the defendant into court, may be 
 converted into a criminal proceeding by the intervention 
 of the United States and the filing of a motion asking to 
 be made plaintiff therein. He also says that the common 
 law rule that one charged with contempt may purge him- 
 self and be entitled to a discharge by the filing of a sworn 
 answer denying the contempt, is not recognized by the 
 federal courts because they leave the question to be de- 
 termined by the proofs on the hearing. 
 
 In the provision of Revised Statute § 725 and Judicial 
 Code § 628 limiting the power of federal courts to punish 
 for contempt to misbehavior in the presence of the court 
 or so near thereto as to obstruct the administration of 
 justice, the second clause is not restricted in meaning to 
 acts committed so near any point of distance to the place 
 of holding court as to be obstructive to orderly procedure, 
 which are covered by the preceding clause as construed 
 by the Supreme Court, but applies to all acts of misbe- 
 havior the natural tendency and effect of which are to 
 interfere with the administration of justice, wherever the 
 acts may be committed. Where a defendant wrote and 
 sent letters to a federal judge which were delivered to 
 him in a room of his residence where he frequently heard 
 matters in chambers, although it was not being so used 
 at the time, such letters relating to a pending suit, to 
 which the defendant was a part and in which the judge 
 was still required to take action, they constituted a con- 
 tempt punishable by the court under Judicial Code § 268. 
 
 In Kirk v. IT. S., 192 Fed. 273, Circuit Judge Gilbert, 
 speaking for the Circuit Court of Appeals for the Ninth 
 Circuit, affirmed a contempt conviction which grew out 
 of an attempt to corrupt jurors whom the defendant ex- 
 pected would sit in a criminal trial about to be held in 
 the same city, though such acts occurred in a saloon 
 several blocks from the place where the court was held. 
 The court specifically said that it was sufficiently near to 
 the court to obstruct the administration of justice and 
 it was therefore within the court's jurisdiction to punish, 
 even though it did not occur on property belonging to the 
 United States or occupied or used by it.
 
 General Provisions Applicable to the Practice. 31 
 
 In U. S. v. Barrett et al., 187 Fed. 378, the defendants 
 were punished for having made an unprovoked assault 
 on one of the attorneys interested in a caes being tried 
 in the district court, such assault having been made be- 
 cause of the argument of such attorney and having been 
 made on the street in full view of the jury room. The 
 court said it had the power under its general jurisdiction 
 to see that counsel practicing before it were not interfered 
 with and that it had jurisdiction to punish individuals 
 for contempt who assaulted counsel. 
 
 Judge Lacombe, in the Steiner case, 195 Fed. 300, held 
 that the preparation, verifying and presentment of a false 
 affidavit intended to influence the action of a court, con- 
 stituted an obstruction to the administration of justice 
 punishable as a criminal contempt and that contempt pro- 
 ceedings could be begun by warrant of attachment, as 
 well as by a rule to show cause. 
 
 Section 268 of the Judicial Code reads as follows: 
 
 "The court shall have power to impose and administer all necessary 
 oaths and to punish by fine or imprisonment, at the discretion of the 
 court, contempts of their authority; provided, that such power to pun- 
 ish contempts shall not be construed to extend to any cases except the 
 misbehavior of any person in their presence, or so near thereto as to 
 obstruct the administration of justice, the misbehavior of any of the 
 officers of said courts in their official transactions, and the disobedience 
 or resistance by any such officer, or by any party, juror, witness or 
 other person to any lawful writ, process, order, rule, decree or command 
 of the said courts." 
 
 In Gompers v. U. S. 233, U. S. 604, the Supreme Court 
 held that while it could not review by appeal or writ of 
 error a judgment of the Court of Appeals of the District 
 of Columbia, punishing for contempt, it may grant a writ 
 of certiorari to review the same. In this case the court 
 asked the interesting question as to whether an indict- 
 ment will lie for a contempt of the court of the United 
 States and left it unanswered. The Gompers case will be 
 recalled as the case originating from the Buck stove boy- 
 cott and grew immediately out of the publication of an 
 issue of a labor paper. 
 
 Section 1044 of the Eevised Statutes provides that no 
 person shall be prosecuted for an offense, not capital,
 
 32 Federal Criminal Law Procedure. 
 
 unless the indictment is found or information instituted 
 within three years after the commission of the offense 
 and the Supreme Court held in the Gompers case that 
 this provision of limitation applied to acts of contempt 
 that were not committed in the presence of the court, 
 233 U. S. 605. In that same case the court exhaustively 
 considered the proposition as to whether or not a sum- 
 mary punishment for contempt was in violation of any 
 of the Constitutional provisions guaranteeing jury trial 
 and presentment by indictment and determined that the 
 power to punish summarily was a part of the court itself 
 and could not depend upon the uncertainty or delay of 
 jury trials. This construction has long been recognized 
 by the law writers as correct, the carrying into effect 
 of which is not a deprivation of "due process of law." 
 Bishop's New Criminal Procedure, Vol. 1, § 100a, Par. 3; 
 same work, Vol. 2, § 892, Par. 6. IT. S. v. Sweeney, 95 
 Fed. 434; People v. Kipley, 171 111. 44; 41 L. R. A. 775. 
 
 Violating injunctions, process of punishment for, 
 whether civil or criminal contempt, Scovic v. U. S. 217, 
 Fed. 871; Schwortz v. U. S. 217, Fed. 866. 
 
 § lib. Contempt Defined.— The act of October 15, 
 1914, on trade unions and combinations and trusts, found 
 at page 128 of the Federal Statutes Annotated Supple- 
 ment, of the 63rd Congress, in § 21 provides: 
 
 "That any person who shall wilfully disohey any lawful writ, process, 
 order, rule, decree, or command of any district court of the United 
 States or any court of the District of Columbia, by doing any act 
 or thing therein, or thereby forbidden to be done by him, if the act 
 or thing so done by him be of such character as to constitute also 
 a criminal offense under any statute of the United States, or under 
 the laws of any state in which the act was committed shall be pro- 
 ceeded against for his said contempt as hereinafter provided." 
 
 Section 22 provides the procedure for such trials and 
 punishment, which includes the right of trial by jury, 
 and limits the punishment to a fine not exceeding one 
 thousand dollars or a term not exceeding six months or 
 both, and § 23 provides for an appeal from a conviction 
 and bail during such appeal. § 24 reads as follows:
 
 General Provisions Applicable to the Practice. 33 
 
 "That nothing herein contained shall be construed to delate to 
 contempts committed in the presence of the court, or so near thereto 
 as to obstruct the administration of justice, nor to contempts commited 
 in disobdience of any lawful writ, process, order, rule, decree, or com- 
 mand entered in any suit or action brought or prosecuted in the name 
 of or on behalf of the United States, but the same and all other cases 
 of contempt, not specifically embraced within section 21 of this Act, 
 may be punished in conformity to the usages at law and in equity 
 now prevailing." 
 
 Other than the contempts defined in Section 21 of this 
 new law, it would seem that the statute relates to no 
 other sort and that the procedure and punishment are as 
 hereinbefore defined for all other contempts. 
 
 § lie. Contempt Pendente Lite. — A persisting in per- 
 jury or a continued failure to comiDly with an order of 
 the court, are contempts that may be prosecuted by a mo- 
 tion filed by the prosecuting officer or upon the court's 
 own motion. In United States v. Appel, 211 Fed. 495, the 
 court held that it had power to punish as a criminal con- 
 tempt persistent perjury which blocks the inquiry before 
 it, upon motion made by the district attorney on behalf of 
 the United States. A court, like anyone else who is in 
 earnest, ought not to be put out by transparent sham or 
 evasive answer. Answers that are manifestly untrue are 
 as« surely a contempt of the court as is the refusal to 
 answer at all. It is no defense to proceedings for con- 
 tempt in making and presenting false affidavits and in 
 disobeying an order requiring delivery of property, that 
 the respondent ultimately succeeded in the suit in which 
 the contempt was committed. In re Steiner, 195" Fed. 
 300. A proceeding for contempt of court may be begun 
 by warrant of attachment as well as by rule to show 
 cause, and the fact that perjury is a substantive crime, 
 punishable as such, does not prevent it from also con- 
 stituting a contempt punishable under Revised Statutes 
 725, which is now Section 268 of the Judicial Code. See, 
 also, for bankruptcy contempts, U. S. v. Henkel, 185 Fed. 
 553. 
 
 § lid. Illustrative Contempts.— In Toledo Newspaper 
 Company vs. U. S., 38 Sup. Ct. Rep., page 560, 247 U. S.
 
 34 Federal. Criminal, Law Procedure. 
 
 402, it was determined that Sec. 268 of the Judicial Code, 
 which declares that courts shall have the power to pun- 
 ish contempts of their authority, provided that such pow- 
 er shall not be construed to extend to any cases, ex- 
 cept the misbehavior of any person in their presence, 
 or so near thereto as to obstruct the administration of 
 justice, confers no power not already granted, and im- 
 poses no limitations not already existing, but merely 
 marks the boundaries of existing authorities, and under 
 it the publisher of a newspaper which criticized the pre- 
 siding judge and held him up to ridicule and hatred in 
 case he should grant an injunction, and in advance im- 
 peached his motives, was guilty of contempt, even though 
 it did not appear that the judge saw the articles or that 
 he was affected by them. 
 
 See also In re U. S. vs. Providence, 241 Fed. 524. 
 
 In the case of Marshall vs. Gordon, 243 IT. S. 521, the 
 supreme court held that the congress did not have the 
 power to punish by contempt proceedings an United 
 State Attorney who had criticized a committee of the 
 House of Representatives. 
 
 A letter of an administrative officer containing a false 
 charge against a judge concerning cases pending before 
 such court was a contempt of that court. IT. S. vs. Craig. 
 266 Fed. 230. • 
 
 Attorneys having communications and meeting with 
 jurors may be prosecuted for contempt by information 
 presented by the IT. S. Attorney and the facts alleged 
 upon information and belief. Kellev vs. U. S., 250 Fed. 
 947. 
 
 Hiring out of a prisoner or allowing him to escape is 
 a contempt. O'Rourke, 251 Fed., 768. 
 
 Disobedience on an order is a civil contempt and re- 
 viewable only by appeal. Cutting vs. Van Fleet, 252 Fed. 
 100. 
 
 Failure to answer questions is a contempt and is re- 
 viewable on writ of error taken within six months; but 
 an order denying the motion to vacate such order is in- 
 terlocutors, and not subject to review by writ of error. 
 Gill vs. IT." S., 262 Fed. 502.
 
 General Provisions Applicable to the Practice. 35 
 
 The sheriff of a state who allows an United States 
 prisoner to escape is guilty. Swepston vs. U. S., 251 Fed. 
 205. 
 
 Language or conduct designed and having the natural 
 effect to incite others to violence in disregard of an in- 
 junction, is in itself a contempt of the court. Stewart 
 vs. U. S., 236 Fed. 838. 
 
 In the Toledo Newspaper Company vs. U. S., 237 Fed. 
 986, while it was before the Circuit Court of Appeals, it 
 was suggested that where a contempt was charged by 
 certain newspaper publishers concerning a judge sitting 
 in a pending trial, that such judge has jurisdiction to 
 dispose of the contempt proceedings, but, if there bft 
 sufficient time, he should call in another judge. 
 
 A criminal contempt is an "offense," within the mean- 
 ing of Art. 5541 R. S., and where the sentence imposed, 
 exceeds a year imprisonment, may be in a penitentiary. 
 Creekmore vs. U. S., 237 Fed. 743. 
 
 A speech by an attorney at a public meeting attacking 
 the court is a contempt. U. S. vs. Markewich, 261 Fed. 
 537. 
 
 An attorney drinking, etc., with a juror is in con- 
 tempt. In re Kelly, 243 Fed. 696. 
 
 A civil contempt should not be turned into a criminal 
 contempt for the convenience of the defendant, as to 
 speeding a hearing on an injunction as to patents. Tur- 
 ner vs. U. S., 238 Fed. 194. 
 
 In a criminal action for contempt, for violating an 
 injunction, the only errors for which the judgment may 
 be reversed are those errors of law committed by the 
 court below in the contempt action. Jennings vs. IT. S., 
 264 Fed. 399. 
 
 The Supreme Court of the United States will grant 
 permission to file an habeas corpus to one illegally com- 
 mitted for contempt in the United States District Court, 
 say for perjury, when the case is of exceptional charac- 
 ter. Ex parte Hudgings, 39 Sup. Ct. Rep., 337; 249 U. 
 S. 378. 
 
 Contempts. — House of Representatives. 
 
 See U. S. vs. Gordon, 235 Fed. 423.
 
 36 Federal Criminal Law Procedure. 
 
 § 12. Prosecution Begun by Indictment. — While there 
 remain some few statutes that impose punishments suffi- 
 ciently light to permit prosecution to be begun by in- 
 formation, most prosecutions must be begun by indict- 
 ment. See also § 5a. 
 
 § 12a. For illustrative cases under which prosecutions 
 have been begun by information see paragraph 5-b. 
 
 § 13. Grand Jury and Indictment. — Constitutional 
 amendment 5 guarantees that no person shall be held to 
 answer unless upon presentment or by indictment. We 
 have learned in § 5a that all offenses which may be pun- 
 ishable by a term in excess of one year, must be begun 
 by indictment. A grand jury, under Section 808 of the 
 Revised Statutes, must consist of not less than sixteen 
 nor more than twenty-three men, twelve of whom must 
 vote in favor of a bill before it can be legallv returned. 
 Section 1021 E. S. Section 282 of the new Judicial Code 
 provides that every grand jury shall consist of not less 
 than sixteen nor more than twenty-three persons and that 
 if of the persons summoned, less than sixteen attend, they 
 shall be placed on the grand jury and the court shall order 
 the marshal to summon either immediatelv or for a dav 
 fixed from the body of the district, and not from the by- 
 standers, a sufficient number of persons to complete the 
 grand jury. Judicial Code Section 282. 
 
 Section 276 of the Judicial Code specifies the method 
 for drawing jurors and provides for a commission to per- 
 form this service. It is not legal to summon thirty men 
 to serve on a grand jury and then to cull therefrom twen- 
 ty-three for actual service. IT. S. v. Lewis, 192 Fed. 633. 
 But see U. S. v. Breeding, 207 Fed. 645, where the court 
 held that the summoning of thirty veniremen for grand 
 jury service and thereafter when more than twenty-three 
 answered a standing rule of the court provided that an al- 
 phabetical list of those present should be made and of 
 such list the first twenty-three should compose the grand 
 jury, it was legally constituted under the present statutes. 
 
 Judge McDowell, in reasoning his conclusions to sup- 
 port the last decision, said "The first objection to sum- 
 moning more than twenty-three veniremen is, of course,
 
 General Provisions Applicable to the Practice. 37 
 
 the seeming difficulty in fairly selecting those who are 
 to serve. The rule of court above-mentioned certainly 
 wholly obviates this objection. This rule being followed, 
 it is a matter of pure chance. There is no room for even 
 any suspicion of unfairness in selecting the grand jury 
 of twenty-three from the qualified veniremen present. 
 The only remaining objection that occurs to me must be 
 found in a supposed implication from the statutory re- 
 quirement, Section 808 R. S. ; Section 282 Judicial Code, 
 that grand juries shall not exceed twenty-three members. 
 There is certainly in the statute no express inhibition 
 against summoning more than twenty-three veniremen, 
 and there are some very strong reasons against finding in 
 the statute any implied inhibition." As for instance the 
 loss of time in waiting for the marshal to summon tales- 
 men from the body of the district. 
 
 It is not error for the court to instruct the marshal to 
 summon additional names as provided by the statute even 
 though as many as sixteen have responded to the original 
 summons. In other words, the court, finding but sixteen 
 men on a responding grand jury venire may direct the 
 marshal to summon from the body of the district five 
 or more names to bring the number up to twenty-three, if 
 he sees fit. U. S. vs. Nevin, 199 Fed. 831. 
 
 So also a venire of jurors may be drawn and examined 
 for a term, in accordance with the statute, without des- 
 ignating them as grand or petit jurors, and at the term 
 a grand jury may be selected therefrom, where such is the 
 state practice. U. S. vs. Breese, 72 Fed. 765, affirmed IT. 
 S., Supreme Court, 226 U. S. 1. 
 
 Under the authority of Section 802 E. S. the court may 
 provide that jurors shall be returned from such parts of 
 the district, from time to time, as the court shall direct, so 
 as to be most favorable to an impartial trial and so as 
 not to incur unnecessary expense or to unduly burden the 
 citizens of any part of the district with such service. May 
 vs. U. S. 99 Fed. 54. 
 
 Under a statute declaring that the names first drawn 
 from a jury box shall constitute the grand jury, and the 
 later the petit jury, a grand jury from which jurors whose
 
 38 Federal. Criminal Law Procedure. 
 
 names were first called were improperly excused, and 
 their places filled by persons whose names were there- 
 after drawn from the box, was illegal. 
 
 The bill must be returned into open court and it must 
 be returned by the foreman who shall be accompanied by 
 the rest of the grand jurors. I am fully aware that the 
 case of U. S. vs. Breese, reported in 172 Fed. 765, held 
 that where the record in a criminal case showed that the 
 indictment was properly endorsed "a true bill" by the 
 foreman of the grand jury and where it was conceded that 
 the indictment was found by a vote of the requisite num- 
 ber of grand jurors and after being properly endorsed 
 by the foreman, was taken by him into the court room 
 which opened from the grand jury room and presented 
 to the judge on the bench when the court was in session 
 and by him handed to the clerk, such indictment was 
 held to be valid. If this decision is based upon the fact 
 that the balance of the grand jurors could be seen from 
 where the presiding judge sat or upon the fact that the 
 balance of the grand jurors had the foreman in sight all 
 the time, then the same reasoning would permit the 
 foreman to walk unaccompanied by the remainder of 
 the grand jurors a mile or across a Texas prairie so long- 
 as he was in sight of either the judge or the rest of the 
 grand jurors. When the case got to the Supreme Court, 
 as shown in Vol. 226, p. 1, that body affirmatively an- 
 swered the questions of the Circuit Court of Appeals 
 which was passing upon the writ of error as to affirming 
 the judgment of conviction, but the opinion specially 
 states that the mode of presentment followed was the 
 mode prescribed by the laws of North Carolina, and al- 
 so states that the objections made to this manner of 
 presentment came too late and if there was any objection 
 to such presentment, it was cured by Section 1025 of the 
 Revised Statutes which will not permit an indictment 
 to be held defective because of matters of form only, 
 and the court said that "We do not think it necessary 
 to discuss the condition that the fifth amendment to the 
 Constitution requires the indictment to be presented by
 
 General Provisions Applicable to the Practice. 39 
 
 the grand jury in a body or that their failure so to do 
 goes to the jurisdiction of the court." 
 
 When a grand jury has found its indictments it re- 
 turns them into open court, going personally and in a 
 body, a duty which is more or less regulated by statutes 
 in various states. Vol. 2, Bishop's New Criminal Pro- 
 cedure, Second Edition, Section 869a, Par. 3. Renigar 
 vs. U. S. 97 C. C. A. 172, 172 Fed. 646. See also Section 17 
 post. 
 
 Judge Trieber in U. S. vs. Lewis, 192 Fed. 834, held 
 that the selection of a grand jury is a matter of sub- 
 stance which cannot be disregarded without prejudice 
 to the accused and is not a mere defect of form such as 
 Section 1025 R. S. requires to be disregarded and there- 
 fore an indictment was vitiated by an order for the 
 drawing of thirty-six names for the formation of a 
 grand jury, which permitted the marshal to summon 
 twenty-three persons to-be selected by him from the thir- 
 ty-six drawn. Grand jury must be drawn by only those 
 authorized by sec. 276, Judicial Code. U. S. vs. Murphy 
 224 Fed. 554. 
 
 § 13a. Grand Jury, Continued. — While Federal prose- 
 cuting officers are not bounden by any rule or statute to 
 permit a defendant or his witnesses to present their side 
 of a question which is being investigated, yet the care- 
 ful prosecutor, careful of the reputation of the citizen, 
 often avails himself of the opportunity to permit the 
 defendant to have his day before the grand jury. A 
 citizen would seem to have the right to enjoy immunity 
 from indictment, if not guilty, as fully as he has the 
 right to enjoy immunity from punishment, if not guilty. 
 Under the common law, however, which, in the absence 
 of statute, controls the procedure in the United States 
 courts, a grand jury hearing was an ex parte proceeding, 
 at which the sovereignty alone was heard. 
 
 In Book 4, at page 302, of Blackstone's Commentaries, 
 it was said that the grand jury are previously instructed 
 in the articles of their inquiry by a charge from the 
 judge who presides upon the bench. Then they withdraw 
 to sit and receive indictments, which are preferred to
 
 40 Fedeeal Criminal Law Procedure. 
 
 them in the name of the King, but at the suit of any pri- 
 vate prosecutor; and they are only to hear evidence on 
 behalf of the prosecution; for the finding of au indict- 
 ment is only in the nature of an inquiry or accusation 
 which is afterwards to be tried and determined; and 
 the grand jury are only to inquire upon their oaths 
 whether there be sufficient cause to call upon a party to 
 answer it. A grand jury, however, ought to be thorough- 
 ly persuaded of the truth of an indictment so far as 
 their evidence goes; and not to rest satisfied merely with 
 remote probabilities; a doctrine that might be applied 
 to very oppressive purposes. 
 
 Mr. Justice Fields, speaking for the Supreme Court 
 of the United States in 2 Sawyer, 668, observed in sub- 
 stance that the grand jury, while originally for the con- 
 venience of the Crown, under our institutions should be 
 the protector of the citizen. 
 
 One has not, however, as a matter of law, the right to 
 appear and testify before a grand jury which is investi- 
 gating a case against him. U. S. vs. Bolles, 209 Fed. 
 682. 
 
 § 13b. Copy of the Indictment. — A copy of the indict- 
 ment is not furnished as a matter of course to defendants. 
 When a prosecution is for treason, however, or other cap- 
 ital offense, then a copy of the indictment and a list of the 
 jurors and witnesses, must be delivered to the defendant, 
 in the first instance at least three days before trial, and in 
 the last instance at least two days before trial, in accord- 
 ance with Section 1033. In other cases, however, copy of 
 the indictment is unnecessary. Balliet vs. U. S. 129 Fed. 
 689; Jones vs. U. S. 162 Fed. 417; Ball vs. IT. S. 147 Fed. 
 32; U. S. vs. Van Duzee, 140 U. S. 173. In a capital case 
 this provision applies only to the list of the regular panel 
 of jurors and not to talesmen. Stewart vs. U. S. 211 Fed. 
 41. 
 
 § 13c. Evidence Before Grand Jury. — Indictment 
 should be based on legal evidence. To warrant the return 
 of an indictment it should be based on competent legal 
 evidence such as is legitimate and proper before a petit 
 jury. 20 Cyc. 1346; U. S. vs. Kilpatrick, 16 Fed. 765, U.
 
 General Provisions Applicable to the Practice. 41 
 
 S. vs. Reed, Fed. Cas. No. 16134. Thus the report of an 
 assistant attorney general would not be competent legal 
 evidence in a trial upon an indictment charging use of 
 the mails in execution of a scheme to defraud, nor, upon 
 a charge of the use of the mails in carrying out a lottery 
 scheme. It would not, therefore, be proper to submit it 
 to the grand jury. Harrison vs. U. S. C. C. A. 200 Fed. 
 673. 
 
 The court in a criminal case, however, will not inquire 
 into the evidence before the grand jury to ascertain 
 whether it was all competent or sufficient to warrant the 
 indictment, when such a plea is verified on information 
 and belief only. U. S. vs. Nevin, 199 Fed. 831. 
 
 In the case of McKinney vs. U. S. 199 Fed. 25, the 
 court held that a trial court cannot be required to review 
 the evidence before a grand jury to determine its suffi- 
 ciency or whether incompetent evidence was received, un- 
 less the case was an extreme one and unless it was to 
 prevent a clear injustice or an abuse of judicial process. 
 This case also held that a "presentment" is an action 
 made by grand jurors upon personal knowledge or ob- 
 servance of the facts or upon the testimony of witnesses, 
 speaking for the Court of Appeals for the Ninth Circuit, 
 In the case of Hillman vs. U. S., Circuit Judge Gilbert, 
 in 192 Fed. 264, said that pleas in abatement are to be 
 strictly construed and that such a plea to an indictment 
 that books containing criminating evidence were wrong- 
 fully produced before the grand jury, was bad where it 
 showed that the books belonged to corporations of which 
 accused was president and not to him individually. It 
 also held in that case that competent evidence upon which 
 an indictment was founded, consisting of books and docu- 
 ments which were unlawfully seized and produced be- 
 fore the grand jury, is no ground for abating the indict- 
 ment. 
 
 § 13d. Motion to Quash Indictment or Other Dilatory 
 Plea. — After the return of a bill into court, if there be any 
 dilatory plea that the defendant thinks to lodge, he must 
 speed to do so. A delay of five days in presenting such a 
 plea may be fatal to him; and in the presentment of such
 
 42 Federal Criminal, Law Procedure. 
 
 a plea there must be specifically set out the causes and par- 
 ticulars of the injury to him. Agnew vs. U. S. 165 U. S. 36; 
 Lowden vs. U. S. 149 Fed. 675; Wilder vs. U. S. 143 Fed. 
 439. The plea must be filed quickly and must show in- 
 jury to the defendant. U. S. vs. Nevin, 199 Fed. 831; 
 Hillman vs. U. S. 192 Fed. 264; Breese vs. U. S. 172 Fed. 
 761, 226 U. S. 1. 
 
 § 13e. Information. — Having spoken several times in 
 the different sub-divisions of this section of an informa- 
 tion, it will be well to call attention to the fact that the 
 Constitution of the United States, in its fourth amend- 
 ment, provides, that no warrants shall issue, but upon 
 probable cause, supported by oath or affirmation. The 
 courts hold, however, that it is a limitation upon the 
 powers of the federal government, but that it does not 
 require an information filed by a district attorney of the 
 United States to be verified or supported by an affidavit 
 based on personal knowledge, and showing probable 
 cause, unless such information is made the basis of an 
 application for a warrant of arrest. Thus, in a prosecu- 
 tion against a corporation for the imposition of a fine or 
 against a firm, for a fine under the Pure Food Act, for 
 instance, the information of the District Attorney need 
 not be verified. 216 Fed. 292. 
 
 There are, however, small misdemeanors which, through 
 the imposition of a fine, may result in imprisonment. 
 Such prosecutions may be commenced by information, 
 but invariably the information must be supported by oath. 
 
 In the case of ex parte Wilson, 114 U. S. 417, the court, 
 in treating the fifth amendment to the Constitution, which 
 inhibits all prosecutions for capital or other wise infa- 
 mous crime, unless on a presentment or indictment of a 
 grand jury, authoritatively decided the meaning to be 
 given to the word "infamous" and that meaning is un- 
 derstood to be a crime punishable by imprisonment for 
 a term of years in a penitentiary. Since, however, the 
 adoption of the new code, there can be no trouble with 
 reference to the meaning of this term, because the code 
 specifically defines the word "infamous" or "felony"
 
 General Provisions Applicable to the Practice. 43 
 
 to mean such crimes as are or may be punishable by im- 
 prisonment in the penitentiary for more than one year. 
 
 § 13-f. A true bill must be returned by a properly 
 constituted grand jury. Cooper vs. U. S. 247 Fed. 45. 
 
 A socialist is not entitled to a socialist on the grand 
 jury. Ruthenberg vs. U. S. 245 U. S. 480. 
 
 Any discrimination against any class in the make up 
 of the grand jury will be a ground for quashing the in- 
 dictment. Mamaux vs. U. S. 264 Fed. 816. 
 
 An indictment should not be presented to, a grand jury 
 without leave of the court. TJ. S. vs. Jenks, 258 Fed. 763. 
 
 It is no ground to quash an indictment that a previous 
 grand jury had failed to indict. U. S. vs. Thompson, 40 
 Sup. Ct. Rep. 289. 
 
 The politics of the clerk and commissioner is a discre- 
 tionary matter with the judge is held in the case of U. S. 
 vs. Caplis, 257 Fed. 840. ' 
 
 The return of an indictment in one division of a district 
 where the crime was not committed and the transferring 
 of the indictment afterward to the proper district is held 
 to be a legal procedure in Big-fferstaff vs. TJ. S. 260 Fed. 
 926. This case holds that the filing of the indictment and 
 the proceedings leading thereto are not a part of the pros- 
 ecution and by so holding Sec. 53 of the Judicial Code 
 which requires all prosecutions to be had within the 
 division of the district where the crime is charged to 
 have been committed is complied with. 
 
 Directly opposite to this holding is the case of U. S. 
 vs. Chennault, 230 Fed. 942. And since the Chennault 
 case is based on Virginia vs. Paul, 148 IT. S. 107, that 
 the filing of an indictment and its return into court is 
 the beginning of a criminal prosecution, it would seem 
 that the Chennault case is correct. At any rate the cau- 
 tious prosecutor will indict only in the division where 
 the crime was committed and the cautious defending 
 attorney will never allow his client to go to trial on an 
 indictment found in a division other than that in which 
 the crime was committed without saving the point by 
 appropriate motions. It is not only statutory but con- 
 stitutional by implication. See Sees. 17-17-b.
 
 44 Federal Criminal Law Procedure. 
 
 The case of Logan vs. U. S. 36, Law Ed. 429 which 
 held that a grand jury sitting for the district could in- 
 dict for offenses committed in any division of that dis- 
 trict, was decided before the new Judicial Code was 
 passed. 
 
 In the case of Virginia vs. Paul, 148 U. S. 107, the 
 question as to when a prosecution was begun was direct- 
 ly before the court and the court held that it was begun 
 by the filing of an indictment. 
 
 Sec. 42 of. the Judicial Code authorizes the prosecu- 
 tion of an offense in any district in which it was begun, 
 or into which it was continued and in passing upon this 
 section the Supreme Court in U. S. vs. Lombardo, Oct. 
 term, 1915, inferentially reasons slightly in favor of the 
 position here contended for. 
 
 Under Judicial Code, Sec. 275, jurors in U. S. courts 
 are required to have the same qualifications as jurors 
 in the highest court of the state. Christopoula vs. U. S. 
 230 Fed. 788. 
 
 § 13h. Illegal evidence before grand jury. 
 
 An indictment cannot be set aside on the ground that 
 evidence unlawfully secured was before the grand jury 
 unless it affirmatively appears that there was no lawful 
 evidence presented upon which it could have been 
 based. Anderson vs. U. S. 273 Fed. 21. 
 
 § 13g. A stenographer's notes are not admissible in 
 evidence, but, like other contemporaneous writings, may 
 be used, under the proper circumstances, to refresh the 
 memory of the person making. Sneierson vs. U. S. 264 
 Fed. 268. 
 
 The destruction of evidence by a defendant may be 
 proven as a fact in the case. Ayala vs. U. S. 268 Fed. 
 296. 
 
 The court may quash an indictment when illegally se- 
 cured testimony is used before the grand jury. U. S. 
 vs. Silverthorne, 265 Fed. 853. 
 
 A defect in an indictment discovered and proclaimed 
 after verdict, must have prejudiced the defendant be- 
 fore it can be advantaged. Grantele vs. IT. S. 232 U. S. 
 647.
 
 Genebal Peovisions Applicable to the Peactice. 45 
 
 A motion to quash an indictment on account of the mis- 
 conduct of the district attorney in the grand jury room 
 must set out facts. U. S. vs. Gradwell, 227 Fed. 243; 
 U. S. vs. Rintelen 235 Fed. 787. 
 
 An indictment is not subject to a plea in abatement 
 because incompetent testimony was presented to the 
 grand jury, unless competent evidence sufficient to justi- 
 fy the indictment was not presented. U. S. vs. Rientelen, 
 235 Fed. 787. 
 
 Nine months is too long to wait to file a plea in abate- 
 ment complaining of the conduct of the grand jury and 
 of the drawing of the same. Moffat vs. IT. S. 232 Fed. 522. 
 An information is insufficient which issues on the infor- 
 mation and belief of the United States District Attorney; 
 it must be supported by proof establishing probable cause. 
 U. S. vs. Baumert, 179 Fed. 735; U. S. vs. Wells, 225 
 Fed. 320. 
 
 An information filed by a United States Attorney 
 which appears to be based upon affidavits taken by a 
 notary public is insufficient because notaries have no au- 
 thority under the laws of the United States to adminis- 
 ter any oaths in connection with criminal prosecutions. 
 U. S. vs. Schallinger, 230 Fed. 290. 
 
 Pleas in abatement were held insufficient in U. S. vs. 
 Scott, 232 Fed. 192 and U. S. vs. Bopp, 232 Fed. 177. 
 
 An objection made on the day the case was called for 
 trial in the nature of an abatement plea was too late. 
 Benson vs. U. S. 240 Fed. 413. 
 
 A plea in abatement for illegality in drawing the 
 grand jury filed seven months after the indictment was 
 returned, and filed without leave of the court, was so 
 late that the trial court refused to rule upon it and the 
 Court of Appeals in passing upon the question held that 
 such action of the court was not error as it was in the 
 trial courts sound discretion as to whether he would 
 rule on a plea of that sort filed so late. Matters vs. U. 
 S. 244 Fed. 736. 
 
 § 14. Preliminary Proceedings. — We have heretofore 
 noticed the provisions relating to the appointment of 
 United States Commissioners. If warrant is secured
 
 46 Federal. Criminal. Law Procedure. 
 
 prior to indictment, such warrant is issued under the 
 hand and seal of the United States Commissioner, and 
 the offender is brought before him for preliminary hear- 
 ing, and is entitled to make his bail before that officer. 
 The general authority for such procedure is found in 
 Section 1014. If one be arrested in a district different 
 from that in which he is indicted, he is entitled to be 
 taken before the nearest United States Commissioner, 
 who inquires into his identity, and fixes bail for his ap- 
 pearance before the proper Court of the proper district. 
 If the prisoner cannot make the bail, application is made 
 to the District Judge for a warrant of removal, under 
 Section 1029. 
 
 The latest authority seems to be that upon proper ap- 
 plication, the District Court may inquire into the validi- 
 ty of the indictment, so far as the jurisdiction is con- 
 cerned, before ordering the defendant moved to the dis- 
 trict in which the indictment was found. In United 
 States vs. Smith, 173 Federal, this doctrine was an- 
 nounced, and the Court refused to remove the publisher 
 of a newspaper in Indianapolis to the District of Colum- 
 bia for trial. To the same effect is Findley vs. Treat, 
 205 U. S., 20; also 131 Fed., 968; U. S. vs. Green, 136 Fed., 
 618; United States vs. Peckham, 143 Fed., 625; 119 Fed., 
 93; in re Benson, 130 Fed., 486; United States vs. Green, 
 100 Fed., 941; Pereles vs. Weil, 157 Fed., 419. Probable 
 cause is the only question to be inquired into when re- 
 moval on indictment is asked. In re Quinn, 176 Fed., 
 1020. 
 
 § 14a. Warrant to Issue — When? — We have hereto- 
 fore spoken briefly of amendment 4 of the Constitution, 
 Chapter 1, but in this connection it will be well to repeat 
 a provision of that amendment which reads as follows: 
 "No warrant shall issue but upon probable cause sup- 
 ported by oath or affirmation." As the government 
 grows larger and stronger and the people are further re- 
 moved from their representatives and its officers, there 
 will come a corresponding disregard of the individual's 
 rights and an overlooking of the principles that were so 
 jealously championed and so dearly purchased. There
 
 General. Provisions Applicable to the Practice. 47 
 
 should never be the arresting of one in his right to walk 
 where he pleases unless the Constitutional provisions au- 
 thorizing such invasion of the citizen's right has been 
 fully complied with. Judge Ray, in U. S. vs. Baumert, 
 179 Fed. 738, said that "However convenient and inex- 
 pensive it might be to ignore this provision of the Con- 
 stitution, a due regard for the rights of the citizen and 
 the danger of gross abuses of the old system which had 
 its basis in the now exploded idea that the King— that 
 is the government — can do no wrong, led to the adoption 
 of this amendment to the Constitution." A contention 
 which holds that this provision of the Constitution is 
 complied with when an information setting forth on in- 
 formation and belief the facts claimed to exist, is errone- 
 ous and such an information is not supported by "oath 
 or affirmation." A court will not authorize the issuance 
 of a warrant on an information made on the information 
 and belief of the United States District Attorney, but 
 it must be supported by proof establishing probable 
 cause, to-wit, legal evidence that a crime has been com- 
 mitted and that there is probable cause and belief that the 
 accused is guilty of the commission thereof. U. S. vs. 
 Baumert, 179 Fed., 735. 
 
 § 14aa. Warrant to Issue — When — Continued. — A 
 warrant will not issue upon information and belief. The 
 fourth amendment to the constitution forbids the is- 
 suance of warrants except on probable cause supported 
 by oath and affirmation, U. S. vs. Michalski, 265 Fed. 
 839; and a void warrant is no protection to the officer 
 acting thereunder if he has such knowledge. 252 Fed. 
 371. There will be no arrest without a warrant except 
 in misdemeanors when committed in the presence of the 
 officer. Ex parte Harvell, 267 Fed. 997; and when an ar- 
 rest is made in such case charge must be filed at once. 
 See also American Steel Company vs. Davis, 261 Fed. 
 800. 
 
 An information may not be verified before a Notary 
 Public as such officer is not known to United States 
 law. U. S. vs. Schallinger, 230 Fed. 290.
 
 48 Federal Criminal Law Procedure, 
 
 § 14b. Questioning of Indictment on Removal. — In 
 
 the last paragraph of Section 14 some cases are cited 
 which practically settle it as a rule that the removing 
 judge shall remove unless the validity of the indictment 
 is properly questioned, when warrant will be refused. 
 In U. S. vs. Ruroede, 220 Fed. 210, it was held prelimi- 
 nary affidavit must state offense. 
 
 A broadening of this right is expressed in the case of 
 U. S. v. Campbell, 179 Fed. 762, wherein the court held 
 that a defendant may overcome the presumption that 
 the offense was committed in the jurisdiction alleged in 
 the indictment by appropriate evidence and show any 
 other legal reason why removal should be denied. Com- 
 missioner has no authority to issue warrant of removal. 
 Hastings vs. Murchie, 219 Fed. 83. 
 
 § 14bb. On Removal. A prima facie right to re- 
 moval is made by the government when it introduces 
 the indictment and the defendant admits his identity. 
 But in the case of Gayon vs. McCarthy, U. S. Sup. Ct., 
 40, U. S. Sup. Ct. Rep. 244, the course of permitting the 
 defendant, after such prima facie case, to introduce evi- 
 dence raising the question of jurisdiction and probabil- 
 ity, seems to have been approved, though not specifically 
 so held. 
 
 The present authorities drive one to the conclusion 
 that after such prima facie case is made the defendant 
 may then question the jurisdiction of the court, and, 
 raise the question as to whether or not an offense has 
 actually been committed by him, or in other words 
 whether there is probable cause to so believe. U. S. vs. 
 Yount, 267 Fed. 861; though in Rowe vs. Boyle, 268 Fed. 
 809, it was held that the sufficiency of the indictment is 
 not an issue; that the identity of the defendant makes 
 a prima facie case; while in Williams vs. Boswell, 255 
 Fed. 889, it would seem that the Circuit Court of Ap- 
 peals likewise favors the testing of the sufficiency of the 
 indictment before removal. 
 
 In the case of Rumely vs. McCarthy, 256 Fed. 565, on 
 habeas corpus to prevent removal, District Judge Mayer, 
 held that both the commissioner and the court should
 
 General Provisions Applicable to the Practice. 49 
 
 have before them the entire situation, that is to say, all 
 of the facts bearing upon the offense charged. It is not 
 thought that this decision means that a trial of the same 
 shall be had but that the jurisdiction of the court, the 
 sufficiency of the indictment, and probable cause shall 
 be established. 
 
 § 14c. Arraignment. — Arraignment of the defendant 
 has been considered a necessary step in all criminal trials, 
 and the failure to do so has frequently been considered 
 reversible error. Bishop's New Criminal Procedure, 
 Vol. 1, p. 434. 
 
 The Supreme Court of the United States, in Crain v. 
 U. S. 162 U. S. 625, reversed a judgment of conviction 
 because the record showed no form of arraignment and 
 held that arraignment was essential to a legal trial and 
 that in a federal court no valid trial could be held with- 
 out the requisite arraignment and plea and that such 
 must be shown by the record of conviction. Johnson vs. 
 U. S., 225, U. S. 405. 
 
 In obedience to the popular demand for the efface- 
 ment of as many technicalities in our court procedure as 
 possible, the Supreme Court in Garland v. State, 232 U. 
 S. 642, overruled its original decision in the Crain case 
 and held that the arraignment is no longer required in 
 the United States courts for the protection of the ac- 
 cused and said that technical objections originating in 
 the early period of English history, when the accused 
 was entitled to but few rights, are passing away and 
 should not be allowed as to unimportant formalities, 
 where the rights of the accused have not been preju- 
 diced. Of course this decision does not mean in any 
 sense of the word that a plea is not necessary. There is 
 no way to join an issue between the accused and the 
 sovereignty save and except by the entering of a plea, 
 and if the defendant stand mute, the court shall enter 
 a plea for him, and that plea shall be "Not guilty." 
 
 § 15. Bail Bonds, Etc.— Under Section 1014, all bail 
 
 bonds and recognizances are to be as near like those in 
 
 the state court as the difference in codes and practice 
 
 will permit. In re Belknap, 96 Fed., 614; U. S. vs. Hunt, 
 4
 
 50 Federal Criminal. Law Procedure. 
 
 166 U. S., 1063; U. S. vs. Lois, 149 Fed., 277. In United 
 State vs. Zarafonitis, 150 Federal, 97, the Court held 
 that all proceedings for holding an accused person to 
 answer to a criminal charge before a court of the United 
 States are assimilated to those under the laws of the 
 state in which the proceedings take place, and the suf- 
 ficiency of a bail bond taken in such proceedings is to 
 be determined by the law of the state, though in Hardie 
 vs. United States, 71 Fed., 158, the Court held that a 
 bail bond taken before a United States Commissioner, 
 though affidavit and information charge no offense, is 
 good, and may be enforced. The United States may en- 
 force a forfeited bail bond of recognizance by an action 
 at law or scire facias. United States vs. Zarafonitis, 150 
 Fed., 99; United States vs. Insley, 54 Fed., 221. In 170 
 Federal, 613, United States vs. Lee, the court held that 
 an indemnified surety may be refused, and in the same 
 Federal Reporter, at page 476, in United States vs. Mar- 
 rin, the Court held that a defendant who goes where he 
 can be arrested, and thus causes a breach of his bond, 
 renders his sureties liable. 
 
 § 15a. Bail During Trial. — Section 1015 of the Re- 
 vised Statutes, which provides that bail shall be admit- 
 ted upon all arrests for offenses not punishable by death, 
 does not entitle the defendant, as a matter of right, to 
 bail during his trial. U. S. vs. Rice, 192 Fed. 720. In 5 
 Cyc. the law is thus stated: 
 
 "Where the accused is free on bail he may be ordered 
 into actual custody during the trial of the ease, nor will 
 bail be allowed during adjournments of the daily sessions 
 of the court." In another list of citations in Judge Ray's 
 opinion in the above case, it is held that it is within the 
 discretion of the court to order defendants into actual 
 custody, when the trial is commenced. 
 
 In Texas there is a state statute which gives the de- 
 fendant the right to go at liberty on his bond during the 
 trial, and federal courts in that state recognize the state 
 statute and follow that procedure, which statute would 
 of course protect the sovereignty in any suit it might 
 brine: asranist the bondsman for forfeited recognizance.
 
 General Provisions Applicable to the Practice. 51 
 
 The bondsman could not claim in the face of that statute 
 that their obligation had been fulfilled when there was an 
 announcement of "ready" or when the case went to trial 
 because they would have executed the bond with full 
 knowledge of the statute which gave their principal this 
 right. 
 
 § 15aa. Bond, Forfeiture and Relief. Sureties on 
 supersedeas bond are not liable for the failure of the de- 
 fendant to appear for re-trial when the obligation of writ 
 of error bond contained nothing more than, "surrender 
 himself in execution of the judgment and sentence ap- 
 pealed from as said court may direct, after the judgment 
 and sentence of said District Court against him shall be 
 affirmed.' » U. S. vs. Murphy, 261 Fed. 751. 
 
 The death of a defendant after forfeiture is no defense 
 to a recovery on the bond. De Orozco vs. U. S., 237 Fed. 
 1008. 
 
 A petition for the remission of the penalty of a for- 
 feited recognizance under Sec. 1020, which authorizes 
 such remission in the discretion of the court whenever it 
 appears to the court that there has been no willful de- 
 fault of the party and that a trial can, notwithstanding, 
 be had in the cause, is properly signed by a person who 
 put up the money to indemnify the sureties, and who is 
 the real party in interest, and an allegation therein that 
 there was no willful default of the defendant is sufficient; 
 it being neither necessary nor proper to plead the evi- 
 dence. The relief from forfeiture is in the discretion of 
 the court under this section. U. S. vs. Smart, 237 Fed. 
 978; U. S. vs. Jacobson, 257 Fed. 760. See also sec. 4a. 
 
 A bail bond should conform in all substantial particu- 
 lars to the requirements of the law of the state in which 
 the commissioner is sitting, under Sec. 1014, and a judg- 
 ment on a bail bond cannot be set aside by the court after 
 the expiration of the term at which it was rendered, where 
 the bond was valid and the judgment was not a nullity. 
 U. S. vs. Buchanan, 255 Fed. 915. 
 
 The Court of Appeals for the Fifth Circuit in the case 
 of Anduaga vs. U. S. 254 Fed. 61, held that a bail bond is 
 not invalid because of a mere verbal inaccuracy, caused
 
 52 Federal, Criminal Law Procedure. 
 
 by accidental transposition of words, which does not work 
 injury to any party in interest. 
 
 Before there can be a recovery of a bail bond, it must 
 appear that the offender was bailed by one qualified to 
 admit to bail. A recognizance is an obligation of record 
 entered into before some court of record and need not be 
 signed by the principal or the surety, while a bail bond 
 is signed by the party; the consideration being the release 
 of one accused from custody. Ewing vs. U. S. 240 Fed., 
 241. 
 
 A bail bond is a contract between the sureties and the 
 government, and an action on it is a civil action, in which 
 the law is not required to be construed strictly, as in a 
 criminal proceeding, when the sufficiency of the pro- 
 cedure is to be determined. U. S. vs. Davenport, 266 
 Fed. 425. 
 
 § 16. Challenges. — Section 819 of the Revised Stat- 
 utes allows the defendant twenty challenges, and the 
 United States five peremptory challenges, when the of- 
 fense is treason or capital. On the trial of any other 
 felony, the defendant is entitled to ten; and the United 
 States to six peremptory challenges; and in all other 
 cases, civil and criminal, each party shall be entitled to 
 three peremptory challenges. Under Section 335 of the 
 1910 Code, however, all offenses which may be punished 
 by death or imprisonment for a term exceeding one year 
 are felonious, and all other offenses misdemeanors, and 
 it is now an easy matter to determine just how many 
 challenges the defendant is entitled to. If, however, 
 there be more than one defendant, and the trial is had 
 without severance, the defense will be allowed no morp 
 challenges than if there were but one defendant on trial, 
 R. S. 819. 
 
 The number of defendants in the indictment, when 
 11 ley are all tried together, does not increase the number 
 of challenges, in other words the defendants, together, 
 are entitled to ten. Schwartzberg vs. U. S. 241 Fed. 348. 
 It would seem that there is no statutory reason and no 
 law rule of the trial court which would deny the trial 
 court the right, if he should think it in the interest of
 
 General Provisions Applicable to the Practice. 53 
 
 justice, when there is more than one defendant, to in- 
 crease the number of peremptory challenges for such 
 defendants. There might be some local condition or 
 some acquaintanceship or some other attitude that 
 might make it quite appropriate to grant a number of 
 defendants additional challenges. 
 
 Challenges Under the New Code. -Heike vs. U. S. 
 192 Fed. 101. After consolidation of indictments, see 
 Emanuel vs. IT. S. 196 Fed. 317. 
 
 In a note to Jeff Harrison vs. United States, 163 U. 
 S., 140, as reported in the 41 Law Ed., at page 104, is a 
 very valuable compilation of the decisions involving the 
 following points: 
 
 As to trial by jury, how effected by Seventh Amend- 
 ment to the Constitution, New York Supreme Court Jus- 
 tices vs. United States, reported in 76 U. S. 282. 
 
 As. to jury, of what number; practice in regard to; 
 illness or insanity of one; thirteen or eleven jurors; 
 wrong person serving as juror by mistake: Silsby vs. 
 Foote, 14 Howard, 218; 14 Law Ed., 394, and the notes 
 on page 394 of the 14 Law Ed. 
 
 As to cause of challenges of jurors and their qualifi- 
 cations, Clinton vs. Englebrecht, 80 IT. S., 449, 13 Wal- 
 lace; 20 Law Ed., 659, and the note. 
 
 As to discharge or withdrawal of jurors before ver- 
 dict, effect of, United States vs. Perez, 9 Wheat., 578; 
 Vol. 6, Law Ed., 165. 
 
 As to impeachment of verdict by jurors; affidavit of 
 parties or third persons; affidavits of jury to sustain 
 verdict, Doss vs. Tyack, 14 Howard, 296; 14 Law Ed., 428. 
 and note thereunder. 
 
 Challenges to jurors; challenges to the array and to 
 the panel; challenges to individual jurors; peremptory 
 and for cause, full and complete note on page 104 of 
 Book 41, Law Ed. 
 
 § 16a. Consolidation of Indictments. — Under the Fed- 
 eral statute the court has the power to consolidate either 
 civil or criminal causes and when many indictments of 
 the same sort against the same party are consolidated 
 they merely become so many counts in the new bill. Such
 
 54 Federal Criminal Law Procedure. 
 
 was the holding in the National bank prosecution of Kel- 
 tenbach vs. U. S. 202 Fed. 377, and after such consolida- 
 tion the former indictments becoming mere counts in the 
 last indictment, the defendant is entitled to but ten chal- 
 lenges because he is now on trial for but one indictment. 
 Keltenbach vs. U. S. 202 Fed. 377. 
 
 16aa. Consolidation of Indictments Continued. — Sec. 
 1024 R. S. U. S. invests trial judges with discretionary 
 power to require indictments charging one or more per- 
 sons with different though connected acts or transactions 
 of the same class of crimes or offenses to be consolidated 
 for purpose of trial; this, of course, signifies a judicial 
 discretion, soundly exercised, and not the uniting of of- 
 fenses which for .that reason would confound and prej- 
 udice the defendants. Kelly vs. U. S., 258 Fed. 403, 
 citing, Dolan vs. U. S., 133 Fed. 444. Similar power 
 exists independent of the statute, said the Supreme Qourt, 
 in Logan vs. U. S., 144 U. S. 263. See also Brown vs. U. 
 S., 143 Fed. 60. 
 
 For a discussion of this question, see McElroy vs. IT. 
 S., 164 U. S. 76; "Williams vs. U. S., 168 U. S., 382. 
 
 The moving spirit of the rule seems to be that while 
 distinct offenses may be consolidated they must be 
 "transactions connected together," and "of the same 
 class of crimes or offenses." See also Sec. 18. 
 
 § 16b. Impeachment of Verdict by Juror. — Public 
 policy forbids that a juror shall be allowed to orally or 
 by affidavit or otherwise impeach his verdict, or in any 
 way disturb the result arrived at by himself and his fel- 
 lows. 
 
 In one or two of the states such practice is permitted, 
 but the rule in the United States courts is against such 
 procedure. McDonald et al. vs. Pless et al. 206, Fed. 262; 
 Doss vs. Tyack, 14 Fed. 296, 14 L. ed. 428; Hyde vs. U. 
 S., 225 U. S. 347. See also Section 25. 
 
 § 17. Indictment and Return of Same. — The indict- 
 ment should always be returned into open Court by the 
 entire grand jury. The best practice is for the grand 
 jury to be polled when they report an indictment. Of 
 course, there must be at least sixteen present when in-
 
 General Provisions Applicable to the Practice. 55 
 
 dictments are presented, which sixteen must include the 
 foreman. 
 
 In 172 Federal, page 646, Reingar vs. United States, 
 the Circuit Court of Appeals held that an indictment 
 delivered by the foreman alone to the clerk of the Court 
 when Court was not in session, is not a bill of indictment 
 within the meaning of the Constitution. I am sure this 
 opinion states the law. 
 
 In the same volume of the Federal Reporter, in the case 
 of the United States against Breese, the District Court, 
 upon a somewhat different state of facts, holds a little bit 
 differently, but the Reingar case, cited supra, is undoubt- 
 edly the law. See also Section 13. 
 
 § 17a. Endorsements on Indictments. — In the case of 
 Williams against the United States, 168 U. S., 382, the 
 Supreme Court held that endorsements on the margin of 
 an indictment, referring to certain statutes which do not 
 support it, although they may have been erroneously sup- 
 posed to do so by the District Attorney who drew it, do 
 not make the indictment invalid, if it properly charges 
 an offense under another statute. The exact words of the 
 Court are as follows: 
 
 "It is said that these indictments were not returned under that 
 statute T5481], and that the above endorsement on the margin of each 
 indictment shows that the District Attorney of the United States 
 proceeded under other statutes that did not cover the case of ex- 
 tortion committed by Chinese Inspector under color of his office. It is 
 wholly immaterial what statute was in the mind of the District Attor- 
 ney when he drew the indictment, if the charges made are embraced by 
 some statute in force. The endorsement on the margin of the indict- 
 ment constitutes no part of the indictment, and does not add to or 
 weaken the force of its averments. We must look to the indictment 
 itself, and if it properly charges an offense under the laws of the 
 United States, that is sufficient to sustain it, although the representa- 
 tive of the United States may have supposed that the offense charged 
 was covered by a different statute." 
 
 To be in good form, the bill should be signed upon the 
 cover by the prosecuting officer and by the foreman of 
 the Grand Jury, and should be endorsed, "A true bill," 
 and should bear the file marks of the clerk; but if the 
 bill be signed inside by the prosecuting officer and by 
 the foreman of the Grand Jury, the Courts hold that such 
 signatures are sufficient.
 
 56 Federal Criminal Law Procedure. 
 
 It is entirely immaterial what provisions the various 
 states may make with reference to the forms of indict- 
 ment therein; the Federal statutes control in the enforce- 
 ment of the Federal criminal law. 
 
 17aa. Indictment — Place of Finding -Absence of 
 Judge — Counts.— The indictment must be found in the 
 division of the district where the offense was committed. 
 U. S. vs. Chennault, 230 Fed. 942. See also Sec. 13f. 
 
 The absence of the judge from the district during part 
 of the time of the deliberation of the grand jury does not 
 invalidate the indictment. Badders vs. U. S., 240 U. S. 
 391. 
 
 Later counts of the indictment may refer to earlier 
 counts without re-writing the substance thereof and may 
 make the same a part of such later count. Anderson vs. 
 U. S., 269 Fed. 65. But this method of pleading is not 
 approved. It is thought that each count should be com- 
 plete in itself even though the courts do permit such 
 pleading. An endorsement of an indictment is no part 
 of it even though it may erroneously recite a statute un- 
 der which it was found. Wessel vs. U. S., 262 Fed. 389. 
 See Par. 17a. 
 
 § 18. Consolidation of Indictments.— By Section 1024 
 of the Revised Statutes, several charges aganist the 
 same person may be included in the same indictment, and 
 separate indictments against the same person for the 
 same class of crimes may be consolidated by the order of 
 the Court. Williams vs. United States, 168 IT. S., 388; 
 Pointer vs. United States, 151 U. S., 396; Logan vs. Unit- 
 ed States, 144 U. S., 301. In the case of United States 
 against Dietrich, 126 Fed., 670, the doctrine is made clear- 
 er by being distinguished, and the Court there holds two 
 persons cannot be indicted in the same count, one for giv- 
 ing, and the other for receiving bribe. 
 
 The case of McElroy vs. United States, 164 U. S., 76, 
 does not in decision or dictum differ from the above au- 
 thorities. The inquiry in that case was, "whether counts 
 against five defendants can be coupled with a count 
 against part of them, or offenses charged to have been 
 committed by all at one time, can be joined with an-
 
 General Provisions Applicable to the Practice. 57 
 
 other and distinct offense committed by part of them 
 at a different time. ' ' The Court in that case held that the 
 statute did not authorize that to be done, and speaking 
 thereupon, said: "It is clear that the statute (1024) does 
 not authorize the consolidation of indictments in such a 
 way that some of the defendants may be tried at the same 
 time with other defendants charged with a crime differ- 
 ent from that for which they all are tried. ' ; This deci- 
 sion, of course, does not interfere with the statute, or the 
 doctrine announced by Mr. Justice Harlan in the Wil- 
 liams case, cited supra, that, "The indictments against 
 the same person charging offenses of the same kind, 
 provable by the same sort of evidence, can be consoli- 
 dated and tried together without embarrassing the ac- 
 cused in making his defense. " This doctrine is approved 
 in Olson vs. United States, 133 Fed., 852; Dolan vs. 
 United States, 133 Fed., 447, and distinguished, but not 
 controverted, in Betts vs. United States, 132 Fed., 240. 
 See Section 16. 
 
 § 19. Question of Duplicity in Indictment. — It is too 
 late to raise the question of duplicity after verdict by 
 motion in arrest of judgment. Morgan vs. U. S., 148 F., 
 190; Bishop's New Crim. Proc, Vol. 1, Sections 442, 443; 
 U. S. vs. Bayard, 16 F., 376; Proler vs. U. S., 127 F., 509; 
 Conners vs. U. S., 158 U. S., 408. The safe practice is to 
 raise all questions speedily by exception or demurrer. 
 
 In Ammerman vs. U. S., 216; Fed. 326, the Circuit 
 Court of Appeals dismissed the indictment because of 
 duplicity. A charge that defendant attempted to rob 
 a mail clerk and put his life in jeopardy is not duplicitous. 
 Price vs. U. S., 218 Fed. 149. 
 
 19a. Duplicity Continued. — Felonies and misdemeanor 
 counts may be joined. Phillips vs. U. S., 264 Fed. 657. 
 The allegation of different intents is not duplicitous. 
 Boone vs. U. S., 257 Fed. 963. 
 
 The allegation of embezzlement of money and stamps 
 is not. McNeil vs. U. S., 246 Fed. 827. 
 
 A conspiracy to establish a house of ill fame, bawdy 
 house or brothel is not duplicitous. U. S. vs. Casey, 247 
 Fed. 362.
 
 58 Federal. Criminal. Law Procedure. 
 
 An allegation that, "during April and May," is not. 
 Eisenberg vs. U. S., 261 Fed. 598. 
 
 Duplicity is the joinder of two or more distinct of- 
 fenses in one count. Epstein vs. U. S., 271 Fed. 282. 
 Only one offense can be charged in the same count. U. 
 S. vs. Blakeman, 251 Fed. 306. 
 
 An indictment which charged that an accused gave an 
 order for certain drugs and that he failed to preserve 
 a duplicate of the order, each constituting an offense, and 
 also failed to keep a record of the amount of the drug by 
 him dispensed, was held not to be duplicitous in U. S. vs. 
 Charter, 227 Fed. 331. 
 
 An indictment which charged in one count the three 
 several offenses denounced by the Espionage Act, Sec. 3, 
 is duplicitous and, of course, there can be no amending 
 thereof. U. S. vs. Demboski, 252 Fed. 894. 
 
 It seems under the last two foregoing authorities per- 
 missible to plead in the alternative and use the word 
 "and" wherever the statute uses the word "or." 
 
 So the doing of a thing and the attempting to do a 
 thing when denounced in that way by the statute may be 
 placed in the same count without being duplicitous, is 
 held in the last mentioned case. 
 
 § 20. Confessions.— Because of the adoption by many 
 of the States of statutes which prescribe certain condi- 
 tions limiting or admitting confessions of those charged 
 with crime in evidence, it is well to bear in mind that no 
 statute bearing thereon has been passed by Congress. The 
 Fifth Amendment to the Constitution and Section 860 
 of the 1878 Revised Statutes, that bear upon such testi- 
 mony, are as follows: 
 
 " Nor shall any person be compelled, in any criminal case, 
 
 to be a witness against himself." — Fifth Amendment to the Constitution. 
 
 "No pleading of a party, nor any discovery or evidence obtained 
 from a party or witness by means of a judicial proceeding in this or 
 any foreign country, shall be given in evidence or in any manner 
 used against him or his property or estate in any court of the United 
 States in any criminal proceedings, or for the enforcement of any 
 penalty of forfeiture; provided, that this section shall not exempt 
 any party or witness from prosecution and punishment for perjury 
 committed in discovering or testifying, as aforesaid." — Section 860, 
 1878 Revised Statutes, U. S.
 
 General Peovisions Applicable to the Practice. 59 
 
 Of course, the limitations and meaning of Section 860 
 have been determined and decided repeatedly. In 170 
 Federal, 715, Cohen vs. United States, the Court held that 
 it applied to bankrupt schedules, and that, therefore, such 
 schedules were not admissible against the bankrupt. The 
 contrary was held in United States vs. Brod, 176 Federal, 
 page 165, and the latter is perhaps the ranking authority. 
 In United States vs. Bell, 81 Federal, 830, the Court held 
 that the constitutional protection was broader than Sec- 
 tion 860, and in passing upon a prosecution for perjury, 
 alleged to have been committed in a statement made be- 
 fore a Pension Examiner by an ignorant person, such 
 statement was excluded on the proposition that while the 
 person appeared before the Examiner, and submitted to 
 the examination, yet such appearance was not conclusive 
 that the statement was voluntary, and that the constitu- 
 tional right of the person to remain silent had not in fact 
 been infracted. See also sec. 7. 
 
 The sole legal test, in the Federal courts, is whether 
 the same was free, voluntary, and without compulsion 
 or inducement of any kind. The fact that a con- 
 fession was made while the party was under arrest 
 is entirely immaterial, but it devolves upon the prose- 
 cution to show that the confession was voluntary. The 
 authorities conflict somewhat as to whether the Court 
 or the jury shall determine this question. The better 
 authority seems to be that the Court shall determine it, 
 because, manifestly, the admission of a confession to a 
 jury, under the thought and instruction that it must 
 determine, first, whether the same was voluntary before 
 they can give it consideration, would be entirely in- 
 adequate to sufficiently safeguard the interest of the de- 
 fendant. At page 588 of Bishop's Criminal Procedure, 
 that authority holds that the prosecution, in making 
 the opening statement to the jury, should not make any 
 detailed statements that show a confession to have been 
 made, for the reason that the admissibility of such con- 
 fession must first be passed upon by the Court. At page 
 619 of the same volume, the same author again announces 
 that whether a confession is voluntarv or not is to be
 
 60 Federal Criminal Law Procedure. 
 
 determined by the Court, and cites Ellis vs. State, 65 
 Miss., 44; 7 Ana. St., 634; State vs. Crowson, 98 N. C, 
 595; Corley vs. State, 50 Arkansas, 305; also Section 
 1220 of the First Volume of Bishop's Criminal Pro- 
 cedure. 
 
 Underbill on Criminal Evidence, at page 161, para- 
 graph 126, says that the preliminary question, Was the 
 confession voluntary? bearing directly upon its com- 
 petency as evidence, must be, according to the majority 
 of the cases, decided by the Court as a mixed question 
 of law and fact. This statement is supported by a long 
 list of authorities, some of which go to the point of hold- 
 ing it error for the Court not to determine this question 
 before the confession is submitted to the jury. From a 
 careful consideration of such authorities, it may be stated 
 that the weight of the same is for the preliminary de- 
 termination by the Court of this question, before per- 
 mitting the confession to go to the jury. 
 
 In discussing the statement that the prosecution must 
 show that the confession is voluntary, Underbill, at page 
 161-162 of his work on Criminal Evidence, states that 
 many of the cases sustain this -proposition, and require 
 the state to show by some evidence that the confession 
 was freely and voluntarily made, but that other author- 
 ities sustain, at least in the absence of evidence to the 
 contrary, the very reasonable theory that a confession, 
 like every act or utterance which is the result of human 
 agency, is presumed to have been voluntary until the 
 contrary is shown. This latter view would throw the 
 burden of proving that the confession was involuntary 
 upon the accused; but whichever position is right, the 
 defendant is always entitled to show, by preliminary 
 evidence, that the confession was not voluntary, and it 
 is the duty of the Court, in determining the competency 
 of the confession, not only to consider the evidence of 
 the state, but the evidence elicited by the accused in his 
 favor, as well. In State vs. Fidment, 35 Iowa, 545; Ru- 
 fer vs. State, 25 Ohio, 464; State vs. Miller, 42 La., 1186; 
 Simmons vs. State, 61 Miss., 243; Commonwealth vs. 
 Culver, 126 Mass., 464; State vs. Kinder, 96 Mo., 548,
 
 Geneeal Provisions Applicable to thf Practice. 61 
 
 the refusal, before the confession was admitted, to al- 
 low counsel for the prisoner to cross examine the wit- 
 ness as to the voluntary character of the confession, or 
 to allow the accused to testify and explain his mental 
 condition when it was made, or to show by the evidence 
 of others, that it was improperly obtained, were revers- 
 ible error. 
 
 In Hopt vs. Utah, 110 U. S., 574, the Court said that, 
 "the admissibility of such evidence (confessions) so 
 largely depends upon the special circumstances connected 
 with the confession that it is difficult, if not impossible, 
 to formulate a rule that will comprehend all cases, as the 
 question is necessarily addressed, in the first instance, 
 to the judge, and since his discretion must be controlled 
 by all attendant circumstances, the Courts have wisely 
 forborne to mark with absolute precision the limits of 
 admission or exclusion." This latter utterance, there- 
 fore, is the authority that binds in the United States 
 Courts. 
 
 It was also said, in Wilson vs. United States, 162 U. 
 S., 613, 40 Law Ed., 1090, that statements by an accused, 
 not under oath, voluntarily made in answer to questions 
 of a Commissioner, not as a confession of guilt, but as 
 explanations to avert suspicion from himself, are not 
 inadmissible because the Commissioner failed to inform 
 him that he could have the aid of counsel, or to warn 
 him that his statements might be used against him, or 
 to advise him that he need not answer. This reasoning, 
 of course, finds its support in the existence of extrane- 
 ous facts which have been discovered through the state- 
 ments of the accused, or otherwise, and such statements 
 are, therefore, admissible, though made involuntarily, 
 or though made to conceal guilt, and a different rule re- 
 lates to them from that which respects confessions which 
 are guarded by the great probability that the prisoner 
 has been influenced by his expectation of punishment or 
 of immunity, to speak what is not true. 
 
 The leading case respecting a judicial determination 
 of what is voluntary and what is not voluntary, is the 
 case of Brain vs. United States, 168 U. S., 532, 42 Law
 
 62 Fedeeal Criminal Law Procedure. 
 
 Ed., 568. In that case, the accused was an officer of a 
 ship upon which a triple murder had been committed. 
 He and a subordinate were placed in irons, and carried 
 into port. The prisoner Bram was taken before a detec- 
 tive at Halifax, who searched him, and stripped him, 
 and took what the bill of exceptions called "extraordi- 
 nary liberties" with him, and thereupon questioned him 
 as follows: 
 
 "When Bram came into my office, I said to him, 'Bram, we are trying 
 to unravel this horrible mystery. Your position is rather an awk- 
 ward one. I have had Brown in this office, and he made a statement 
 that he saw you commit the murder." He answered, 'He could not 
 have seen me. Where was he?' I said, 'He states he was at the 
 wheel.' 'Well,' said he, 'he could not see me from there." I said, 'Now 
 look here. Bram, I am satisfied that you killed the Captain from all I 
 have heard from Brown, but,' I said, 'some of us here think you could 
 not have done all that crime alone. If you had an accomplice, you 
 should say so, and not leave the blame of this horrible crime on your 
 own sholders.' He said, 'Well, I think, and many others on board 
 the ship think, that Brown is the murderer, but I don't know anything 
 about it.' He was rather short in his replies." 
 
 Because of the admission of this testimony or confes- 
 sion, the Supreme Court of the United States reversed 
 the judgment of conviction, and granted a new trial. 
 Compendiously stated, the rulings upon the same, by 
 that Court, were as follows: The use which was made 
 of the prisoner's statement precludes the prosecution 
 from saying that it was not used to his prejudice, and 
 after so using the testimony the prosecution will not be 
 heard to assert that the confession was not prejudicial, 
 because it did not tend to prove guilt. The sole question 
 with reference to the voluntary character of an alleged 
 confession depends on whether the making of the state- 
 ment was voluntary and without inducement or com- 
 pulsion, and not whether the particular communications 
 contained in it were voluntary or not. The mere fact 
 that a confession is made to a police officer while the ac- 
 cused is under arrest, in or out of prison, or is drawn out 
 by his questions, does not necessarily render a confession 
 involuntary, but, as one of the circumstances, such im- 
 prisonment or interrogation may be taken into account
 
 General Provisions Applicable to the Practice. 63 
 
 in determining whether or not the statements made by 
 the prisoner are voluntary. 
 
 The above decision is cited and applied in Sorenson 
 vs. United States, 143 Federal, 820, by the Circuit Court 
 of Appeals for the Eighth Circuit, to the protection of 
 a defendant from the use of a confession which was se- 
 cured from him by a Post office Inspector, who had ad- 
 vised the defendant that he, the Inspector, had an ab- 
 solutely good case against him for robbing the post office, 
 and advised him that the thing for him to do was to plead 
 guilty and throw himself on the mercy of the Court, and 
 that by doing so, the offense against the State laws, would 
 probably be overlooked. 
 
 It may be stated, therefore, as a general proposition, 
 that the sole question for determination in the Federal 
 practice is, whether the confession was voluntary — that 
 is, made without inducement or offer or promise of any 
 sort. 
 
 § 20a. Confession Continued. — It is not an element 
 of a voluntary confession under the federal authorities 
 and under the common law rule that such confession 
 shall have been made after warning, nor when not under 
 arrest. Shaw vs. U. S., 180 Fed. 348. Upon request 
 by the accused it is proper to specially instruct that a 
 confession must be found to have been made voluntarily 
 before it could be considered. Shaw vs. U. S., 180 Fed. 
 348. See also U. S. vs. Lydecker, 275 F. 976. 
 
 Of course it will be borne in mind, as heretofore sug- 
 gested, that the court passes upon this preliminary in- 
 quiry before submitting the testimony to the jury. 
 8 20b. Confession Continued. — See Sec. 4. a. 
 Evidence illegally secured on a warrant may be used 
 when no motion is made to return it, MacKnight vs. U. 
 S., 263 Fed. 832. 
 
 The court will order property illegally secured re- 
 turned, U. S. vs. Meresca, 266 Fed. 713; and such order 
 cannot be appealed from, U. S. vs. Marquette, 270 Fed. 
 214; see also U. S. vs. Friedburg, 233 Fed. 313; Flags- 
 vs. U. S. 233 Fed. 481; U. S. vs. Schallinger, 230 Fed. 
 290.
 
 64 Federal, Criminal. Law Procedure. 
 
 Evidence that has been given up cannot be recovered 
 was held in Linn vs. U. S. 234 Fed. 543. 
 
 The case of Adams vs. N. Y., 192 U. S. 575, seems to 
 be challenged by U. S. vs. Abrams, 230 Fed. 313, in re 
 Marx, 255 Fed. 344, and Silverthorne vs. U. S. 40 Sup. 
 Ct. Rep. 182. Affirmance of the far reaching doctrines 
 is made, that, evidence which has been illegally secured 
 by the government must be returned upon application 
 and cannot be made use of by the government in any 
 way; in other words the government cannot advantage 
 by its own wrong; to the same effect are cases cited un- 
 der Sec. 4a herein. While the case of Lyman vs. U. 
 S. 241 Fed. 945, holds to the old doctrine of 192 U. S., the 
 Adams case, that papers which are pertinent to the issue 
 which may have been illegally taken does not constitute 
 a valid objection to their admissibility. 
 
 The case of U. S. vs. Gouled, 253 Fed. 242, which per- 
 mitted the introduction of certain written evidence 
 seized under a search warrant and in which the court 
 refused to quash an indictment found upon such testi- 
 mony was reasoned out, by the Supreme Court of the 
 United States in the same case at page 261, 41 Sup. Ct. 
 Rep., for the proclamation of the doctrine that evidence 
 illegally taken by improper searches and seizures must 
 be returned and conviction set aside, if secured thereon. 
 
 These observations are made because a confession at 
 common law, must have the element of the voluntary 
 before it is admissible. 
 
 The question of the admissibility of a confession is 
 for the court but when the evidence is conflicting, the 
 court may submit it to the jury with instructions to dis- 
 regard it if not voluntary. McCool vs. U. S. 263 Fed. 
 55; see also U. S. vs. Oppeinheim, 228 Fed. 221. 
 
 Where a defendant, charged with stealing a package 
 from the postoffice, where he was employed, was taken 
 in charge by inspectors and held twenty four hours, 
 without being permitted to communicate with friends or 
 procure counsel, but compelled to sleep in the room with 
 one of them and being told by them that they believed 
 him guilty and had evidence which made it look bad for
 
 General Provisions Applicable to the Practice. 65 
 
 him, a confession, written by the inspectors, but signed 
 by him at the end of that time, held involuDtary, and not 
 admissible against him, by the Court of Appeals, in, 
 Purpura vs. U. S., 262 Fed. 473. 
 
 There is no oppression so oppressive as official op- 
 pression — that oppression which under the majesty of 
 the law asserts and carries forward a wrong. 
 
 A confession secured from accused while he was in 
 jail through questions asked by an agent of the depart- 
 ment of Justice, without accused having been warned 
 of his right to remain silent and of the effect of his an- 
 swers as evidence against him, was secured by compul- 
 sion, contrary to Const. U. S. Amendment V. U. S. v. 
 Kallas 272 F. 743. 
 
 § 21. Admissibility of Documentary Evidence Se- 
 cured Illegally. — In line with the thought that we have 
 been pursuing is the inquiry as to whether documentary 
 evidence, letters, papers, etc., secured in violation of the 
 Constitutional provision guaranteeing the private citi- 
 zen against illegal searches and seizures, can be used 
 in evidence against the party from whom they were so 
 secured. The case of Adams vs. New York, 192 U. S., 
 586, 48 Law Ed., 577, by the Supreme Court, holds that 
 the admissibility of documentary evidence, tending to es- 
 tablish the guilt of an accused of the offense charged, 
 is not affected because it was secured in violation of the 
 prohibition against unreasonable searches and seizures, 
 and the self-incrimination of an accused is not affected 
 by the introduction in evidence against him of certain 
 private papers found in the execution of a search war- 
 rant, where he did not take the witness stand in his own 
 behalf, as was his privilege, and was not compelled to 
 testify concerning the papers or make any admission 
 about them. This was a case that originated under the 
 gambling paraphernalia statute of New York City, and 
 the officers, armed with a search warrant under that stat- 
 ute, secured certain private papers that were not called 
 for, nor included, in the search warrant, but which were 
 decidedly damaging testimony against the defendant, 
 
 and upon this state of facts the direct question above 
 5
 
 66 Federal Criminal Law Procedure. 
 
 suggested was passed upon. The Supreme Court lays 
 down the rule in the following terms, quoting from 
 Greenleaf, Volume 1, Paragraph 254a: 
 
 "It may be metioned in this place that though papers and other 
 subjects of evidence may have been illegally taken from the possession 
 of the party against whom they are offered, or otherwise unlawfully 
 obtained, this is no valid objection to their admissibility, if they are 
 pertinent to the issue. The Court will not take notice how they were 
 obtained, whether lawfully or unlawfully, nor will it form an issue 
 
 to determine that question Evidence which is pertinent to the 
 
 issue is admissible, although it may have been procured in an irregu- 
 lar, or even in an illegal manner. A trespasser may testify to perti- 
 nent facts observed by him, or may put irt evidence pertinent articles 
 or papers found by him while trespassing. For the trespass, he may 
 be held responsible civilly, and perhaps criminally, but his testimony 
 is not thereby rendered incompetent." 
 
 In line with the cases and authorities cited above was 
 the holding of District Judge Thompson in the case of 
 Firth-Sterling Steel Co. vs. Bethlehem Steel Co., 199, 
 Fed. 353, where the information in question consisted 
 of original drawings of armor-piercing projectiles sub- 
 mitted under orders of secrecy and the possession of 
 which was subsequently wrongfully obtained, but the 
 court said that the illegality of the method by which evi- 
 dence has been obtained does not affect its admissibility. 
 See also Hartman vs. U. S., 168; Fed. 30. 
 
 This doctrine has been approved and followed by the 
 Federal Courts, even though the property unlawfully or 
 irregularly seized belonged to a third person, as was de- 
 cided in U. S. vs. McHie et al., 196 Fed. 586. In that case 
 District Judge Sanborn held that a Federal Court has 
 power to impound books and papers, although the prop- 
 erty of a third person and unlawfully and irregularly 
 seized by officers of the government, where they are 
 shown to be essential evidence in a criminal case. 
 
 In Hardesty et al. vs. U. S., 164 Fed. 420, the Circuit 
 Court of Appeals for the Sixth Circuit decided in a per 
 curiam opinion that it is no objection to the admissibility 
 of evidence which is pertinent to the issue in a criminal 
 case that it was obtained by means of a search warrant 
 illegally issued or executed.
 
 General Provisions Applicable to the Practice. 67 
 
 To the same effect was the decision of the Circuit Court 
 of Appeals for the Ninth Circuit in Lum Yan vs. U. S., 
 193 Fed. 970, which determined that letters were not in- 
 admissible against the accused because unlawfully seized 
 by the authorities, where the search does not appear to 
 have been seriously resisted. 
 
 § 21a. Method for Recovering Illegally Secured Evi- 
 dence. — A party may, upon the filing of a proper motion 
 setting forth the facts, secure from the court in which 
 the cause is pending an order directing the prosecution 
 to return to him such papers or evidence as was illegally 
 secured. 
 
 Certain inspectors having accompanied a marshal to 
 serve a warrant on defendants, arresting them for mis- 
 use of the mails in furtherance of a scheme to defraud, 
 remained and searched their office and seized their books, 
 papers, letters and documents, removing the same to their 
 office, whence they were ordered delivered to the clerk 
 of the court and sealed. Upon this state of facts, after 
 a motion had been filed to have the papers returned, Dis- 
 trict Judge Pollack, in U. S. vs. Mounday et al., 208 Fed. 
 186, held that, the material having been secured as the 
 result of an unconstitutional search and seizure, defend- 
 ants were entitled to have the same returned to them, 
 though such documents might contain incriminatory evi- 
 dence which the district attorney desired to submit to 
 the grand jury and use against them. 
 
 When, however, there is an element of the voluntary 
 surrender, no relief will be granted upon such an appli- 
 cation, and this applies to oral testimony by one. Powers 
 vs. U. S., 223 U. S. 303; Weeks vs. U. S., 232 U. S. 383; 
 U. S. vs. Hart, 214 Fed. 655; same case, 216 Fed. 374. 
 
 In Weeks vs. U. S., 232 U. S., 383, cited above, the 
 court held that while an incidental seizure of incriminat- 
 ing papers, made in the execution of a legal warrant, 
 and their use as evidence, may be justified, and a collat- 
 eral issue will not be raised to ascertain the source of 
 competent evidence, Adams vs. N. Y., 192 U. S. 585, 
 that rule does not justify the retention of letters seized 
 in violation of the protection given by the Fourth Amend-
 
 68 Federal, Criminal Law Procedure. 
 
 ment where an application in the cause for their return 
 has been made by the accused before trial. 
 
 Continuing, the court said in that cause that the court 
 has power to deal with papers and documents in the 
 possession of the district attorney and other officers of 
 the court and to direct their return to the accused, if 
 wrongfully seized, and where letters and papers of the 
 accused were taken from his premises by an official of 
 the United States, acting under color of office, but with- 
 out any search warrant and in violation of the constitu- 
 tional rights of accused under the fourth amendment, 
 and a seasonable application for return of the letters 
 and papers has been refused, and they are used in evi- 
 dence over his objections, prejudicial error is committed 
 and the judgment should be reversed. 
 
 § 21aa. — Method for Recovering Illegally Secured 
 Evidence Continued. — Congress having specifically au- 
 thorized United States Commissioners to issue warrants 
 in certain cases, and having conferred no authority to 
 issue warrants to search and seize letters, writings, etc., 
 used, or intended to be used, in the execution of a scheme 
 to defraud, in the execution of which the mails are used, 
 a United States Commissioner had no authority to issue 
 a search warrant for such purposes, and, upon motion 
 by the defendant, the papers were ordered restored to 
 him, in U. S. vs. Jones, 230 Fed. 262. 
 
 One who kills an officer who is acting under a void 
 search warrant committs no offense, U. S. vs. Pitotto, 
 267 Fed. 603. 
 
 Where evidence has been secured illegally, and, then 
 introduced in evidence on the trial, over objection, a 
 new trial will be granted, U. S. vs. Hill, 263 Fed. 812. 
 
 An order denying the restoration of documents al- 
 leged to have been illegally taken, and being held as evi- 
 dence, is an interlocutory order in a criminal case, and 
 under Sec. 128, of the Judicial Code, is not reviewable 
 by the Court of Appeals. Coastwise Lumber Co. vs. U. 
 S., 259 Fed. 847. 
 
 § 21b. Production of Documents. — The constitutional 
 guarantees protect the defendant in a criminal cause
 
 General Provisions Applicable to the Practice. 69 
 
 against involuntary disclosures or against unreasonable 
 searches and seizures. In Schatz vs. Winton Motor Car- 
 riage Co., 197 Fed. 777, Circuit Judge Noyes held that 
 the production of documents, by the adverse party in ac- 
 tions at law in Federal Courts is governed by the Stat- 
 utes of the United States, and under such statutes a 
 court at law cannot compel a party in an action to pro- 
 duce documents in advance of the trial for the inspec- 
 tion of the other party, citing Carpenter vs. Winn, 221 
 U. S. 533. 
 
 § 21bb. Production of Documents Continued. 
 
 It is error to demand, that the defendant produce 
 papers in his possession. But where the court directs 
 the jury to disregard the demand, and the defendant 
 later offered in evidence all of the checks which the 
 prosecution had previously demanded from him, the 
 error was cured; or, at any rate, was not a reversable 
 error under the circumstances. Bain vs. U. S., 262 Fed. 
 664. 
 
 § 22. Comments or Improper Argument of District 
 Attorney. — Too much care cannot be given by counsel to 
 words they use in addressing the jury. Attorneys for the 
 prosecution and the defense should be jealous indeed to 
 guard themselves from remarks that are unsupported by 
 the testimony, or that are individual opinions rather than 
 legitimate deductions from the law and the evidence. One 
 of the abuses of the modern practice is the proneness of 
 the attorneys defending to express unbounded belief in 
 the innocence of their client, even to the staking of per- 
 sonal reputation. Great censure also is due the prosecu- 
 tion for intemperate and immoderate expressions, due 
 ofttimes to the vehemence of opposing counsel but never 
 excused. The only remedy the prosecuting officer has 
 against such unfair argument is to appeal to the trial 
 judge. Defending counsel can save the point by bill of 
 exception, and present the language of the prosecuting 
 officer to the appellate court for review. Trial judges 
 should, therefore, be extremely careful to enforce, by 
 proper ruling, not prejudicial to the interests of the 
 prosecution or the rights of the defendant, a fair argu-
 
 70 Fedeeal Criminal Law Peocedtjee, 
 
 ment, devoid of personal opinions, and as free from 
 prejudicial and inciting statements as fair discussion will 
 permit. In the case of Williams against the United 
 States, 168 U. S., 382, the defendant was convicted of 
 extortion in exacting money from Chinese immigrants 
 for permission to land and remain in the United States. 
 The defendant proposed to show by witnesses that while 
 he was acting in such official position, there were more 
 females sent back to China than ever were sent back be- 
 fore or after. The representative of the government ob- 
 jected to this evidence, as irrelevant, saying in open 
 court, and presumably in the hearing of the jury: "No 
 doubt every Chinese woman who did not pay Williams 
 was sent back." The Supreme Court said: "The obser- 
 vation made by the prosecuting attorney was, under the 
 circumstances, highly improper, and not having been 
 withdrawn, and the objections to it being overruled by 
 the Court, it tended to prejudice the right of the accused 
 to a fair and impartial trial." 
 
 In Hall against the United States, 150 U. S., 76, a 
 judgment of the trial Court was reversed, because the 
 District Attorney was permitted to make an argument, 
 against the objection of the defendant, not based on evi- 
 dence, which tended to prejudice the jury against the 
 defendant. See also People vs. Mull, 167 N. Y., 247. In 
 the case of Lowdon against the United States, 149 Fed., 
 677, this question was raised:. The attorneys for the de- 
 fendant had insisted that six men could not return a ver- 
 dict, nor could eleven; that it required twelve. The Dis- 
 trict Attorney, in answering that argument, said in sub- 
 stance that it was true that six could not return a ver- 
 dict, nor could eleven, and, that, as matter of fact, it did 
 take twelve; but that he would hate to be the obstinate 
 juror, for fear when he returned home, his friends and 
 neighbors, who possibly were not versed and familiar 
 with the various technicalities and intricacies of the law 
 might conclude that the jingle of the broken banker's 
 unlawful and illy gotten gold in his pocket had influenced 
 his action. The court, in that case, held that the argu- 
 ment was improper, and said: "We would not embar-
 
 General Provisions Applicable to the Practice. 71 
 
 rass free discussion, so essential to proper administra- 
 tion of the law. We would not regard many hasty but 
 exaggerated expressions of attorneys made in the heat 
 of debate, which are not expected to become factors in 
 the formation of the verdict. We wish to follow es- 
 tablished rules, and to avoid introducing another ele- 
 ment of uncertainty in the trial of criminal cases by mak- 
 ing a new precedent for the reversal of judgments. The 
 difficulty of drawing a line between legitimate and im- 
 proper arguments admonishes us that the trial judge 
 often has a delicate and difficult task imposed on him; 
 but, under the circumstances of this case, considering 
 the character of argument, the refusal of the trial judge 
 to interfere at the time the objection was interposed, or 
 to correct the probable effect of the argument by a sub- 
 sequent instruction, and because it does not appear af- 
 firmatively to us that no injury was done to the defend- 
 ants, we are constrained to hold that the judgment should 
 be reversed and a new trial granted.' : See also Allen vs. 
 United States, 115 Fed., p. 4. 
 
 So, also, the District Attorney may not comment in 
 argument upon the failure of the defendant to offer evi- 
 dence of his previous good character. McKnight vs. 
 United States, 97 Fed., 208; Bennet vs. State, 86 Ga., 
 401; Davis vs. State, 138 Ind., 11; Fletcher vs. State, 49 
 Ind., 124; Thompson vs. State, 92 Ga., 448; the People 
 vs. Evans, 72 Mich., 367; Lowdon vs. U. S., 149 F., 677. 
 
 Neither can the defendant, by questions, be compelled 
 to disclose evidence against himself, as, for instance, he 
 cannot be asked to produce the original, else a certified 
 copy will be permitted. McKnight vs. United States, 115 
 Fed., 972. 
 
 See U. S. vs. Snyder, 14 F., 554, where District At- 
 torney comments on failure of defendant to testify in 
 his own behalf. See also Dimmick vs. U. S., 121 Fed., 
 638. Also case of Latham et al. vs. U. S., Circuit Court 
 Appeals 5th Circuit, 226 Fed. p. 000, decided in October, 
 1915, reversed because District Attorney said, "if it had 
 not been that a train was three hours late he would have 
 produced another witness."
 
 72 Federal Criminal Law Procedure. 
 
 § 22a. Procedure When Improper Argument or Re- 
 marks are Made. — When the prosecuting officer has in- 
 dulged in argument not supported by the record or makes 
 use of unfair and prejudicial statements either in argu- 
 ment or in the examination of witnesses, or at any other 
 time in the presence of the jury, the defense should at 
 once object, and thereupon it becomes the duty of the 
 court to instruct the jury not to consider what the pros- 
 ecuting officer has said, and the remark or argument or 
 statement should also be withdrawn by the prosecuting 
 officer. If this course is not taken, the defense should 
 except and preserve such exception by a proper bill. It 
 is also a safe practice to request a special charge govern- 
 ing the occurrence and if such special charge is not given, 
 to reserve a bill to that action of the court. Higgins vs. 
 U. S., 185; Fed., 710; Donaldson vs. U. S., 208; Fed., 4; 
 Stewart vs. U. S., 211;. Fed., 41; Fish vs. U. S., 215 Fed., 
 545. Ammerman vs. U. S., 185 Fed., 1; Goodwin vs. U. 
 S., 200 Fed., 123; Eogers vs. U. S., 214 Fed., 981; Car- 
 lisle vs. U. S., 194; Fed., 827. In the above cases will 
 be found a number of illustrations as to what the court 
 will and will not permit. 
 
 In Carlisle vs. U. S., 194 Fed., 827, the court said that 
 the rule that a district attorney shall not refer in his 
 argument to defendant's failure to testify in his own 
 behalf does not prevent argument amounting only to a 
 claim that the government had made out a prima facie 
 case, which had not been contradicted. 
 
 In Ammerman vs. U. S., 185 Fed., 1, the court went 
 further than I have ever known it to go when it held 
 that where the district attorney in his opening argu- 
 ment said that "Gilliam's testimony must be taken as 
 true because the defendant had not gone on the witness 
 stand and denied it." And the court immediately, on 
 its own motion, stopped the attorney, and defendant's 
 counsel at the same time excepted, and the court then 
 said to the jury that the remarks of the assistant dis- 
 trict attorney were improper; that he had no right to 
 make them; and the jury should not draw any unfavor- 
 able conclusion or inference against defendant from
 
 General Provisions Applicable to the Practice. 73 
 
 such remarks; that the law prohibited the assistant dis- 
 trict attorney from commenting as he had upon the de- 
 fendant's conduct in not contradicting Gilliam; that it 
 was a gross impropriety for him to have done so; and 
 that his statement should be entirely disregarded, and 
 later on the trial Judge told the jury in other and differ- 
 ent words that they must entirely disregard the improper 
 comment. Upon such a state of facts the Court of Ap- 
 peals held that there was no reversible error. This 
 holding is in direct contravention to the holdings of the 
 courts of many of the states and seems to be in conflict 
 with many of the decisions of the Federal Courts. The 
 jury's attention having been drawn to the fact that the 
 defendant had not testified, no possible charge or cau- 
 tion by the Judge could entirely eradicate the harm done. 
 The defendant is presumed to be innocent until his guilt 
 is established by competent evidence and beyond a rea- 
 sonable doubt, and his failure to offer any testimony 
 whatsoever must not be taken as any indication of his 
 guilt, nor shall such failure be referred to either by the 
 prosecution or by the court lest a fair trial as defined by 
 the law be denied. The Court of Appeals, in the case 
 under consideration, concluded by saying, "We cannot 
 refrain, however, from saying that counsel in their zeal 
 to enforce obedience of the law on the part of others 
 should not themselves grossly violate it," which ap- 
 pendage to an affirming opinion seems to warrant us in 
 saying that the court was extremely doubtful of the cor- 
 rectness of its position. It may be added here that the 
 court does not cite a single case in support of its position 
 when, as we know, the books are full of cases opposing 
 such a position. The Constitution provides that not one 
 shall be made to testify against himself. When the 
 prosecution is permitted to remark that the defendant 
 has not testified, this Constitutional guarantee is swept 
 away, as have the courts so frequently held. 
 
 In Goodwin vs. U. S., 200 Fed., 121, the United States 
 attorney used this language, "Do not let it be said, gentle- 
 men, that you as jurors did not have the nerve to attach 
 the death penalty, because, gentlemen of the jury, this
 
 74 Federal Criminal Law Procedure. 
 
 case, if there ever was a case, is one in which it is mer- 
 ited. ' ; The report does not show just what steps the 
 defendant took to shield himself from this improper at- 
 tack, but the court said, "Admonitions of this character 
 to a jury by a prosecuting officer of the government can- 
 not be approved. They should not be resorted to by an 
 officer in the performance of his duty as a prosecutor. 
 On the other hand we cannot say that such deviation 
 from the path of strict propriety was such an error in 
 this case as would justify its reversal and a new trial. 
 After carefully reading the evidence we are of the opin- 
 ion that it had no influence upon the verdict of the jury." 
 
 In the case of Fish vs. United States, 215 Fed., 544, 
 the conviction was reversed because the district attorney, 
 in his argument to the jury, reflected upon the defendant 's 
 character which was not put in issue, and going beyond 
 any evidence in the case, and which were not withdrawn 
 or corrected when called to the attention of the court 
 and counsel. The opinion was rendered by Judge Bing- 
 ham of the Circuit Court of Appeals for the First Cir- 
 cuit, and among other things, he said, "What the dis- 
 trict attorney said * * was an appeal to the pas- 
 sion and prejudice of the jury. Immediately upon the 
 statement being made, counsel for the defendant objected, 
 and brought the matter to the attention of the court 
 and of counsel for the prosecution. It then became the 
 duty of the district attorney to withdraw the statement 
 and ask the jury to disregard it; and the court should 
 at that time have instructed the jury that the statement 
 was improper, and that they should not allow it to in- 
 fluence their action. * * The objectionable state- 
 ment being allowed to stand, defendant's counsel follow- 
 ed it up with an exception. The objection and excep- 
 tion were seasonably and properly taken. Odell Mfg. 
 Co. vs. Tibbetts, 212; Fed., 652." ' 
 
 In the case of Stewart vs. U. S., 211 Fed., 41, the Court 
 of Appeals for the Ninth Circuit denounced as improper a 
 reference by the district attorney to the conviction of the 
 partner of the defendant, but refused to reverse. I as- 
 sume that the judges were so overwhelmed with the hor-
 
 General Provisions Applicable to the Practice. 75 
 
 ror of the facts that they could find no way for the jury 
 to do anything but convict and therefore found that 
 there was no prejudicial error, but the fact remains that 
 the failure to reverse affords another comfort to the 
 prosecuting officer who is regardless of the record or of 
 the rights of the accused. 
 
 § 22b. Instances of Improper Remarks and of Rem- 
 edies Therefor. It is improper to refer to the failure 
 
 of friends to appear. Hall vs. U. S., 256 Fed. 748. For 
 improper argument the cause will be reversed. Housiou 
 Ice Company vs. Harlan, 212 S. W. 779. Improper to 
 call the defendant a Jew. Gurinsky vs. U. S., 259 Fed. 
 378. When the jury is explicitly directed by the court 
 to disregard the improper argument of the Districl At- 
 torney, it is not error. Phelan vs. IT. S., 249 Fed. 43. 
 
 A statement by counsel as to what other juries have 
 done is improper. McKibben vs. Phila., 251 Fed. 577. 
 It is not admissible to mention other offenses. Paquin 
 vs. U. S., 251 Fed. 579. A reference by a prosecuting 
 attorney in his opening argument to the crimes, mur- 
 der, for which the defendant was serving a sentence at 
 the time of the killing of a prison guard, was unneces- 
 sary and prejudicial. Manuel vs. U. S., 254 Fed. 272. 
 Argument of counsel for the government in a prosecu- 
 tion for offering to bribe a member of a draft board, re- 
 ferring to the war with Germany, was held to be an ap- 
 peal to prejudice and reversible error. August vs. U. 
 S., 257 Fed. 388. The District Attorney is a judicial 
 officer and cannot use language that other advocates 
 might use. Fitter vs. U. S. 258 Fed. 567. 
 
 The remarks of the District Attorney which are 
 thought to be erroneous must be excepted to. Eisenburg 
 vs. U. S., 261 Fed. 598. 
 
 The vocal emphasis of a judge cannot be complained of 
 on appeal where no exception was reserved in the trial 
 court. Sims vs. U. S., 268 Fed. 234. 
 
 A withdrawal of the remarks and an instruction from 
 the court to the jury to disregard, and a caution to the 
 jury is oftentimes sufficient to cure the error. Green 
 vs. U. S., 266 Fed. 780; Gilmore vs. U. S., 268 Fed. 721;
 
 76 Federal Criminal Law Procedure. 
 
 Kreuzer vs. U. S., 254 Fed. 35; Lowdon vs. U. S., 149 
 Fed. 677; Hardy vs. U. S., 256 Fed. 284. 
 
 It was prejudicial error for the prosecuting attorney 
 to tell the jury that if the defendant was acquitted, or, 
 awarded a suspended sentence that it would be a stench 
 in the nostrils of every citizen of Taylor County. Brook- 
 erson vs. State, 225 S. W. 375. 
 
 For questions held not improper see, Foley vs. U. S., 
 241 Fed. 587; Rose vs. U. S., 227 Fed. 357. For remarks 
 held improper see, Sparks vs. U. S., 241 Fed. 778; Elmer 
 vs. U. S., 260 Fed. 646. A cross examination may be 
 prejudicial. Skuy vs. U. S., 261 Fed. 316. 
 
 An objection to unfair remarks, calling the attention 
 of the judge to them when made, together with an ex- 
 ception to the action of the judge, or his lack of action, 
 on the objection, are essential to review of unfair re- 
 marks, or their effect. Chambers vs. U. S., 237 Fed. 513. 
 In this case the court held that it was not error for the 
 prosecuting officer to speak of those who had dealt with 
 the defendants as victims when the evidence showed that 
 the land was not of the value represented by the defend- 
 ants. 
 
 A defendant having testified may be re-called for proper 
 cross-examination. Ching vs. U. S., 264 Fed. 639. 
 
 The failure of the defendant to testify may be charged 
 on by the court saying, that no presumptions shall arise 
 therefrom. Kreuzer vs. U. S., 254 Fed. 35; Robilia vs. 
 U. S., 259 Fed. 101. 
 
 The real and correct rule in the federal court is that 
 neither the court, nor the counsel shall comment up- 
 on the failure of the accused to testify. Act Mar. 16, 
 1878, 20 Stat. 30; Stout vs. U. S., 227 Fed. 799; see also 
 People vs. Watson, 111 N. E. 243. 
 
 For further improper remarks of District Attorney 
 and references therefor, see Gowling vs. U. S., 269 Fed. 
 215; Lynch vs. State, 193 S. W. 667. 
 
 The court must stop and instruct the jury to disre- 
 gard improper remarks, comments, or, argument. Hun- 
 ter vs. U. S., 264 Fed. 831.
 
 General Provisions Applicable to the Practice. 77 
 
 Under the Act of February 26, 1919, error may be no- 
 ticed without exception. August vs. U. S., 257 Fed. 388. 
 
 § 23. District Attorney in Grand Jury Room. — Hav- 
 ing already noticed something of the latitude permitted 
 the District Attorney or prosecution in argument before 
 the trial jury, it will not be out of place to call attention 
 to the limits within which the prosecuting officer must 
 work in the grand-jury room in seeking an indictment 
 or presenting evidence to the grand jury upon which he 
 expects an indictment to be returned. In United States 
 vs. Wells, 163 Federal, 313, Judge Whitson reviews, at 
 some considerable length, authorities along this line, and 
 from that opinion may be deduced the following rules 
 and limits: The District Attorney has no right to par- 
 ticipate in, nor be present, during the deliberations of a 
 grand jury, nor to express opinions on questions of fact, 
 or as to the weight and sufficiency of the evidence. The 
 District Attorney should not comment upon and review 
 the evidence and apply the law thereto for the purpose 
 of securing an indictment. He should not express an 
 opinion that the defendants are guilty, and that the 
 grand jury should return an indictment against them. 
 He should not be present while the jury is balloting up- 
 on the persons under investigation; and while the mere 
 presence of the prosecutor during the taking of a vote, 
 through inadvertence, and without intending to influ- 
 ence any action, is not necessarily fatal to a bill, yet where 
 the prosecutor expresses his opinion and urges the finding 
 of an indictment, it is clearly shown that the grand jury 
 must have been influenced thereby, and an indictment so 
 returned will be quashed. 
 
 § 23a. Misconduct — How Raised. — A plea of miscon- 
 duct in the grand jury room must set out fully facts 
 and not conclusions. U. S. vs. Gradwell, 227 Fed. 243. 
 
 § 24. Jury.— The right of trial by jury is the most 
 priceless boon enjoyed by the people under any govern- 
 ment. Text-book writers, newspaper writers, politicians, 
 and theorists may thunder as they will against the mis- 
 carriages of justice from the jury box; the system is 
 not only established for all time, but is as necessary as
 
 78 Federal Criminal Law Procedure. 
 
 a bill of rights. No judge, however learned, no set of 
 judges, however impartial can approximate the justice 
 that is found and dispensed by the layman juror. A mind 
 trained in the law, or in any other science or profession, 
 holding the utmost purity of thought, is still short of an 
 ability to appreciate and weigh justly the motives that 
 actuate those who are permanently, or occasionally, or 
 unfortunately only once, charged with crime or offense. 
 The very people with whom the unfortunate walked, and 
 the very people who suffered or won as the unfortunate 
 suffered or won understand best the power that makes or 
 unmakes an intent of the human heart. That the Fed- 
 eral judge is permitted to give expression to his opinion 
 to the jury is no argument for the abolition of the jury. 
 The jury is strong, because it has twelve men on it, and, 
 therefore, twelve sets of different opinions, and the ad- 
 dition of a judge's opinion, coupled with the statement 
 that such opinion is not to influence or bind any member 
 of the jury, but strengthens the desire upon the part of 
 the individual jurors to think for themselves, and thus 
 bring to bear the best thought for the determination of 
 the human problem upon which they sit. Not the least 
 part of the gloriousness of American jurisprudence and 
 court history is due to the fact that the American court, 
 appellate or supreme, views with sacredness and honor 
 the verdict of the jury, and only for well-known reasons 
 will there be a disturbance of the same. The latitude 
 given the Federal judge in the matter of his charge is to 
 be entered with great care. The cream of the decisions 
 seems to indicate that a judge should never permit the 
 jury to know just what he thinks individually of the guilt 
 or innocence of the party on trial, but that he may indi- 
 cate, by instructions or otherwise, his opinion upon a par- 
 ticular piece of evidence, so that the truth or falsity of 
 that particular testimony may be determined with as 
 much ease as possible by the jury, it being the object of 
 a Court to ascertain the truth, and to seek every light 
 possible that will assist in finding just where the truth in 
 fact does lie. The Constitution of the United States pro- 
 vides for trials by jury, as do also the Amendments,
 
 General Provisions Applicable to the Practice. 79 
 
 which have been denominated by the Supreme Court and 
 by great thinkers as the bill of rights of the American 
 people. Congress has provided, in the Revised Statutes, 
 for jury trials in both the Circuit and District Courts of 
 the United States, and has authorized the waiving of a 
 jury in the trial of civil cases in the Circuit Court, but 
 has not authorized the waiving of a jury in the trial of 
 civil cases in the District Court. United States vs. St. 
 Louis Railway Company, 169 Fed., 73; Low vs. United 
 States, 169 Fed., 86. 
 
 It is quite certain that a jury cannot be waived by one 
 who is charged with a felony, and it seems that the great 
 weight of authority is against the permission of a waiver 
 of a trial by twelve jurors when the crime is infamous or 
 a high misdemeanor. In Dickinson vs. United States, 
 159 Federal, page 801, the Circuit Court of Appeals for 
 the First Circuit speaking through Judge Putnam, re- 
 views the American authorities with reference to the 
 waiver of one on trial of his right to be tried by a jury 
 of twelve, when one of the originally selected twelve be- 
 comes ill or from other cause must be excused. In that 
 particular case, the juror who became ill was excused by 
 consent, which consent was in writing of both the de- 
 fendant and his counsel. The case being tried was one 
 denominated by the Federal statutes as a misdemeanor, 
 which, however, under the new Code, is infamous, be- 
 cause the punishment was penitentiary. In that case, the 
 majority of the Court holds that the second Section of 
 Article III. of the Constitution demands a trial by jury, 
 and that Thompson vs. Utah, 170 U. S., 343, has au- 
 thoritatively determined that a jury for a criminal cause 
 is to consist of twelve men, and that the Amendments to 
 the Constitution relating to jury trial do not in any 
 measure explain or abrogate or lighten the second Sec- 
 tion of the original Article III., and that in the trial of 
 criminal cases, not only the defendant is interested in 
 the maintenance of Constitutional guarantees, but that 
 the people themselves are interested and concerned. 
 
 It is true that District Judge Aldrich, in the foregoing 
 opinion, dissents, and in a well-reasoned and authority-
 
 80 Federal Criminal Law Procedure. 
 
 supported paper; but one cannot well escape the force of 
 the suggestion that if a defendant may waive one and be 
 tried by eleven, why could he not waive eleven and be 
 tried by one. The safe rule, therefore, for all District 
 Attorneys, is ot see that there is a full panel, and if sick- 
 ness or other unavoidable interference causes the judge 
 to excuse a member of a jury, that the trial then be dis- 
 continued and begun all over again before the regulation 
 number. I have no doubt that a defendant and his coun- 
 sel may consent in writing and bind themselves in writing 
 as strongly as a document can be worded, and yet, in the 
 event of conviction, successfully raise the point by way 
 of motion in arrest of judgment, and cause a reversal of 
 the case. Dickinson vs. United States, 159 Fed., 809. 
 
 The case of Schick vs. United States, 195 U. S., 65, and 
 the case of Callan vs. Wilson, in 127 U. S., 549, are dis- 
 cussed and differentiated in the Dickinson case, cited 
 supra; and while the Schick and the Callan cases are 
 relied upon as authority by District Judge Aldrich in his 
 dissent, the majority opinion seems better founded, and 
 I would counsel the following of the Dickinson case until 
 the same is expressly overruled by higher authority. See 
 also 4 Fed. Statutes, p. 391. 
 
 The Dickinson case went to the Supreme Court but cer- 
 tiorari was dismissed without acting on the question in- 
 volved. 213, U. S., 92. A panel of jurors must be drawn 
 by those authorized by section 276 Judicial Code and no 
 one else, otherwise a challenge to the panel will be sus- 
 tained. U. S. vs. Murphy, 224 Fed. 554. 
 
 § 24a. Comments of the Court. — Judge McDowell, in 
 U. S. vs. Foster, 183, Fed., 626, in taking issue with the 
 court in Garst vs. U. S., 180, Fed., 339, defined the right 
 of the trial judge to state his opinion on the facts to a 
 jury in a criminal or civil case, provided he explained to 
 the jury at the same time that such opinion has no bind- 
 ing effect. It is difficult indeed to understand how a court 
 could express itself with reference to a particular fact, 
 the existence, force and effect of which is paramountly 
 for the determination of the jury, under our system, with- 
 out influencing or affecting the jury.
 
 Genebal Peovisions Applicable to the Practice. 81 
 
 In Adler vs. U. S., 182 Federal, 464, the appellate court 
 held that the trial court could not cross examine witness- 
 es in a way that would communicate to the jury his opin- 
 ion of the defendant's guilt, and in Sandals vs. U. S., 213, 
 Federal, 569, the appellate court held that certain obser- 
 vations by the trial court could not be removed by a gen- 
 eral charge that the jury was the sole judge of the credi- 
 bility of the witnesses. See also Foster vs. U. S., 188 
 Federal, 305, as to the care to be exercised by a court in 
 the expression of opinion. No one doubts, of course, the 
 power of the court to express an opinion. See collated 
 authorities in Young vs. Corrigan, 208 Federal, 431, nor 
 must the court be a mere presiding officer, for his func- 
 tion is to ascertain the truth and speed the progress"!)? 
 te^ialTKittenbach vs. XL S., 202 Federal, 379, but 
 there should be as little entrenchment as possible upon 
 the province and field of the jury. The right to a jury 
 trial is priceless and in this age of enlightenment a jury 
 is entirely capable of finding the light without the aid of 
 judicial observation, which might lead the jury to think 
 the way the court leads rather than to incur the displeas- 
 ed mind of the court. It is not that the jury fears pun- 
 ishment at the hands of the court, but the jury looks up 
 to the court and becomes, as it were, worshipers at the 
 shrine of the correctness of the Judge's opinions and in 
 their newness to court atmosphere, they tremble lest their 
 judgment as to the credibility of a witness or the guilt 
 of the accused might be at fault, especially since the 
 court has clearly indicated what he thinks about it. And 
 so the opinion of one man is substituted for the opinion 
 that should be the product of twelve minds hard at work 
 with all the guides that experience has given them. 
 
 The court may express his opinion in his charge rela- 
 tive to the failure of the plaintiff to produce a certain 
 witness, where the jury was given to understand that it 
 was not bound by such an opinion. Young vs. Corrigan, 
 210 Federal, 442. 
 
 § 24b. Comments and Attitude of the Court. — What 
 has been heretofore said with reference to the impar- 
 tiality of the presiding judge and the concealment of his 
 6
 
 82 Federal, Criminal, Law Procedure. 
 
 individual opinion as to the guilt or innocence of the 
 defendant, and particularly as to his guilt, cannot be too 
 often repeated. Now that the country is becoming more 
 thickly settled and the people are further removed from 
 the birth of their government and, therefore, less in love 
 with it, every enforcer of the law must stand clearly un- 
 baised and determined to meet out exact justice by the 
 application of the well-known constitutional guarantees 
 and by the beaten paths of the law. 
 
 The court's comment must be judicial and dispassion- 
 ate and leave the jurors free to exercise their independ- 
 ent judgment. Shea vs. U. S., 251 Fed. 445; Sylvia vs. 
 U. S., 264 Fed. 593. 
 
 The court should not commit a witness for the defend- 
 ant for perjury in the presence of the jury. McNutt vs. 
 U. S., 267 Fed. 670. 
 
 The court should not cross-examine a witness in such 
 a way as to use a prejudicial hypothetical case, before 
 the jury not warranted by the evidence and tending to 
 mislead the jury and prejudice them against the defend- 
 ant. McCallum vs. U. S., 247 Fed. 27. He should not so 
 instruct the jury as to limit the presumptions that really 
 belong to the defendant. McCallum vs. U. S., 247 Fed. 
 27. Another evidence of improper questioning by the 
 court will be found in Manuel vs. U. S., 254 Fed. 272. 
 
 It is quite improper for the court to observe that 
 : practically all whisky cases show half-pint bottles," 
 on the trial of a man charged with a whiskey violation. 
 Whiting vs. U. S., 263 Fed. 477. The court may not, in 
 submitting a defense, criticise the doctrine upon which 
 such defense is based, and if he does so it is reversible 
 error. Bergen vs. Shaw, 249 Fed. 466. 
 
 The reviewing courts always permit the trial judge, 
 in a judicial and fair manner, to direct the attention of 
 the jury toward the ascertainment of the truth, even 
 though, such truth may indicate the court's opinion, pro- 
 vided he then certainly instructs the jury that they are 
 not to be guided by his opinion but are to make up their 
 own conclusions. Balcom vs. U. S., 259 Fed. 779; Clark 
 vs. U. S., 265 Fed., 104; Gross vs. U. S., 265 Fed. 606; 
 Little v. U. S., 276 F. 915. 
 
 i i-
 
 Geneeal Peovisions Applicable to the Peactice. 83 
 
 The court may instruct a verdict of guilty under cer- 
 tain conditions. Horning vs. D. C, 41 Sup. Ct. Kep. 53. 
 
 § 25. Care of Jury. — Text-book writers, judges, and 
 statute makers cannot well formulate rules with reference 
 to the care of juries that can be invariably followed. Un- 
 der most jurisdictions, jurors in the trial of criminal cases 
 are kept together and not permitted to separate, being 
 under the constant surveillance of bailiffs or deputies. 
 This care and espionage of the jury is not necessarily 
 due to the distrust of the jury itself, but is ofttimes con- 
 sidered as a right belonging to the jury. When that 
 body has returned its verdict, no one should question its 
 sincerity, honesty, and cleanness, and every safeguard 
 that keeps the jury from unauthorized and outside per- 
 sons, thereby making improper advances impossible and 
 improbable, lends weight and force and purity to its 
 verdict, and thus tends to convice the most common mind 
 of the righteousness of the ultimate conclusion. It is 
 not alone necessary to avoid evil — the thoughtful man 
 avoids the appearance even thereof. Newspapers, letters, 
 conversations with outsiders, telephone messages, and 
 telegrams should all alike be kept from the jury, or else 
 go to the jury under the surveillance of the Court. 
 
 In Marrin vs. United States, 167 Federal, 951, the Court 
 refused to set aside a verdict upon a motion made by the 
 defendant to the effect that newspapers relating to the 
 case had been read by the jurors during the trial; and 
 while the facts disclose that the jurors themselves testi- 
 fied that they were not influenced by the newspaper state- 
 ments, yet it does seem that we would have felt a great 
 deal better had there been no such case reported. Of 
 course, after a juror has rendered his verdict, he is slow 
 to answer that any part thereof was shaped or rendered 
 or assisted by anything that he may have read in a news- 
 paper. It is a safer plan to keep the paper from the 
 jury, and if prejudicial articles do come into the hands of 
 the jury and this fact be ascretained by the Court, the 
 jury should be discharged, or, if the fact is not known 
 until after the verdict, then a new trial should be granted, 
 unless it clearly appears that no prejudice was worked to
 
 84 Federal Criminal Law Procedure. 
 
 the defendant. In the case of Callahan vs. Chicago, 158 
 Federal, 988, the Court held that he would not permit the 
 jurors to testify to the effect upon themselves of an at- 
 tempt made to influence their verdict. They were per- 
 mitted to testify to any facts showing attempts of others 
 to improperly influence their verdict, but it is for the 
 Court to determine whether or not the attempts -shown 
 are of a character that the verdict may have been im- 
 properly influenced thereby. 
 
 § 25a. Care of Jury Continued. — The jury must be 
 kept together and it is unsafe to make any other rule; 
 yet in the case of Elder vs. U. S., 243 Fed. 84, the Circuit 
 Court of Appeals for the Ninth Circuit refused to re- 
 verse the conviction on the ground that a juror had ab- 
 sented himself for twenty minutes during which time he 
 had gone to his office, there being no circumstances shown 
 to justify an inference of possible injury to the defend- 
 ant's rights. The decision seems to be justified by the 
 case of Holt vs. U. S., 218 U. S., 245. 
 
 The isolation of the jury and its aloofness and its care 
 by trained and trustworthy bailiffs ought never to be 
 abrogated. It is a protection to the jury itself. It is 
 a protection to the prosecution. It is a protection to the 
 defendant. 
 
 A United States marshal in charge of a jury is not per- 
 mitted to make remarks as to the penalty that might be 
 imposed in the event of a conviction. Chambers vs. U. 
 S., 237 Fed. 513. 
 
 A full note on the reading of papers by jurors will be 
 found in 46 L. R. A. (N. S.), 741. But the careful judge 
 keeps the papers away from the jury. Jurors are just 
 men and, therefore, are amenable, often, to intimations 
 or suggestions that might, upon their face, appear per- 
 fectly harmless. 
 
 The voice of the jury ought to be heeded by all the 
 people, and, it will be, when all of the people feel that 
 every possible extraneous and improper influence has 
 been kept away from the body during its deliberations 
 and service.
 
 General Provisions Applicable to the Practice. 85 
 
 § 25aa. Setting Aside Verdict. — See Section 16b and 
 latter part of Section 16. 
 
 In the case of Colt vs. U. S., 190 Federal, 305, the 
 Court refused to set aside a verdict, even though it Avas 
 shown that one of the jurors, while deliberating on the 
 case, had secured a copy of the statute and had read 
 that portion of it which bore upon the case he was trying. 
 
 § 26. Evidence of Good Character. — If there be a dif- 
 ference in the rule of evidence as adopted by the various 
 appellate Courts of the different states, respecting the 
 admission of testimony as to the good character of the 
 defendant, the rule in the United States Courts, as out- 
 lined in the ease of Edgington vs. United States, 164 U. 
 S., 361; 41 Law Ed., 467, is that evidence of a defend- 
 ant's general reputation for truth and veracity is ad- 
 missible on a prosecution, not merely to give weight to 
 his personal testimony in the case, but to establish a 
 general character inconsistent with guilt, whether he has 
 testified or not; and a charge to the jury that if they 
 have hesitancy as to the defendant's guilt, then they may 
 consider as important the testimony as to his good charac- 
 ter, is erroneous, as limiting the effect of such testimony 
 to a doubtful case. The identical language of the Court 
 upon this question is as follows: 
 
 "It is not necessary to cite authorities to show that in criminal 
 prosecutions the accused will be allowed to call witnesses to show that 
 his character was such as would make it unlikely that he would be 
 guilty of the particular crime with which he is charged; and as here 
 the defendant was charged with a species of crimen falsi, the rejected 
 
 evidence was material and competent It is impossible, we think. 
 
 to read the charge without perceiving that the leading thought in the 
 mind of the learned judge was that the evidence of good character 
 could only be considered if the rest of the evidence created a doubt 
 of defendant's guilt. He stated that such evidence 'is of value in 
 conflicting cases,' and that if the mind of the jury 'hesitates on any 
 point as to the guilt of the defendant, then you have the right and 
 should consider the testimony given as to his good character.' What- 
 ever may have been said in some of the earlier cases to the effect that 
 evidence of the good character of the defendant is not to be considered 
 unless the other evidence leaves the mind in doubt, the decided weight 
 of authority now is that good character, when considered in connection 
 with the other evidence in the case, may generate a reasonable doubt. 
 The circumstances may be such that an established reputation for good
 
 86 Federal Criminal Law Procedure. 
 
 character, if it is relevant to the issue, would alone create a reason- 
 able doubt, although without it, the other evidence would be con- 
 vincing." 
 
 § 26a. Good Character Becomes a Fact. — In the case 
 of Searway vs. U. S., 184 Federal, 716, Circuit Judge 
 Hook, speaking for the Circuit Court of Appeals for the 
 Eighth Circuit, said that evidence of the good charac- 
 ter of the accused is admissible on all criminal trials 
 whether the other evidence leaves the mind in doubt or 
 not; and when established, it becomes a fact in the case, 
 to be considered with all other facts in determining the 
 final issue of guilt or innocence. But in absence of evi- 
 dence presumption cannot be considered evidence. Price 
 vs. U. S., 218, Federal, 149. Chambliss vs. U. S., 218 
 Federal, 154. 
 
 § 26b. Charge on — Refused When. — A special charge 
 on the presumption of good character, when directed at a 
 particular fact, and when the general charge of the Court 
 contains an instruction to the jury that the defendant is 
 presumed to be of good character, may be refused. U. 
 S. vs. Smith, 217 Federal, 839. 
 
 § 26bb. Charge on Good Character. — The trial court 
 in its charge on good character should not minimize its 
 importance. In the case of Perara vs. U. S., 235 Fed, 515, 
 the Court of Appeals reversed the conviction on the 
 ground that the trial court committed error when he, 
 after charging on good character, stated that persons of 
 high character frequently committed crimes. 
 
 Where the court has fully and clearly charged on good 
 character, he may properly refuse a requested charge to 
 the effect that good character itself may generate a rea- 
 sonable doubt of guilt. Le More vs. U.S., 253 Fed. 887. 
 
 § 26c. Proof of Other Offense.— In Bishop's New 
 Criminal Procedure, 2nd Ed., Vol. 2, page 961, it is stated 
 as fundamental that the state cannot prove against a 
 defendant any crime not alleged either as foundation for 
 a separate punishment or as aiding the proofs that he is 
 guilty of the one charged, even though he has put his 
 character in issue. In support of this doctrine a long 
 list of authorities is cited, which include U. S. vs. Mit-
 
 General, Provisions Applicable to the Practice. 87 
 
 chell, 2 Dall., 348. The same authority, at page 963, main- 
 tains that even where offenses are of a like sort, evidence 
 of one is not ordinarily admissible in proof of another; as 
 on a trial for larceny, to show that the defendant has 
 committed other and disconnected larcenies; or for riot, 
 that he has engaged in other riots; or for the murder of 
 a particular person, that at another time and place he 
 murdered or threatened another person; or for burglary 
 in one county, that he committed the like in another; 
 hence, a fortiori distinct crimes of other sorts than the 
 one on trial are inadmissible. Of course when a detail 
 of the res gestae would include offenses other than that 
 on trial, as that they are linked together, or as that the 
 transaction is a continuing one, such testimony is ad- 
 missible. 
 
 The particular question under discussion is treated at 
 some length in Dysar vs. U. S., 186 Federal, 620, by the 
 Circuit Court of Appeals for the Fifth Circuit, in which 
 case the prosecution was allowed to prove, over the de- 
 fendant's objection, that the defendant had been con- 
 victed and had served a penitentiary sentence and that 
 the defendant had also been indicted in a third jurisdic- 
 tion and that he had gone under an alias in a fourth 
 jurisdiction and had been in the penitentiary in other 
 jurisdictions. There were two defendants on trial and 
 the Court held that such procedure was erroneous as to 
 both of the defendants and reversed the cause. In the 
 discussion the court cited Section 192 of Wigmore on 
 Evidence in the following words: 
 
 "This principle has long been accepted in our law. That the doing 
 of one act is in itself no evidence that the same or a like act was 
 again done by the same person has been so often judically repeated, 
 that it is a commonplace." 
 
 A very exhaustive discussion then follows, citing the 
 cases State vs. Lapage, 57 N. H., 245; Kansas vs. Adams, 
 20, Kansas, 311; Commonwealth vs. Jackson, 132, Mass., 
 16; State vs. Saunders, 14, Oregon, 300; Booth vs. U. S., 
 139, Federal 252; People vs. Molineaux, 168, N. Y., 264; 
 1st Wigmore on Evidence, Section 192, and the court
 
 88 Federal Criminal Law Procedure. 
 
 then proceeds: "Of course there are many instances in 
 which evidence of the commission of other offenses is 
 necessarily admissible. One instance, often referred to 
 in the books, is where the commission of one offense is 
 a circumstance tending to show the commission of the 
 offense for which the defendant is on trial. The fact that 
 the defendant charged with homicide stole an ax or a 
 gun with which the killing was done; the stealing of the 
 weapon, though a distinct offense, would necessarily be, 
 in the very nature of the case, competent evidence against 
 him on his trial for homicide. The passing of other 
 counterfeit money of the same character as that which 
 the defendant is charged with passing, in the case on 
 trial, would be admissible to show guilty knowledge or 
 intent," Eegister vs. U. S., 186 Federal, 624. Convic- 
 tion reversed in Talliaferro vs. U. S., 213 Fed. p. 25, 
 because evidence of defendant's house being an assigna- 
 tion place was admitted when she was on trial for selling 
 beer. 
 
 26 d. Proof of Other Offenses Continued.— When 
 the defendant testifies he may be asked about other 
 crimes he has committed for impeachment purposes only. 
 MacKnight vs. U. S., 263 Fed. 832. 
 
 Proof of other offenses when connected with the one be- 
 ing investigated to show a common and continued pur- 
 pose is admissible. Hall vs. U. S., 235 Fed. 870; Mitchell 
 vs. U. S., 229 Fed. 358; Paris vs. U. S., 260 Fed. 529; Deg- 
 nan vs. IT. S., 271 Fed. 291; Sears vs. U. S., 264 Fed. 257; 
 Weathers vs. U. S., 269 Fed. 254; Nee vs. U. S., 267 Fed. 
 84. 
 
 Care must be taken in this respect and if this rule is 
 not strictly followed the admission of such proof will be 
 prejudicial and reversable error. Hall vs. U. S., 256 
 Fed. 748; Paquin vs. U. S., 251 Fed. 579; Shea vs. U. S., 
 236 Fed. 97; Youmans vs. U. S., 264 Fed., 425; McDonald 
 vs. U. S., 264 Fed. 734; Holzmacher vs. U. S., 266 Fed. 
 979. 
 
 § 26 e. Good Character not Presumed. — Obvious- 
 ly the character of a defendant is a matter of fact, which, 
 if investigated, might turn out either way. It is not es-
 
 General Provisions Applicable to the Practice. 89 
 
 tablished, as a matter of law, that all persons indicted 
 are men of good character. Green vs. U. S., 245 U. S., 
 559; De Moss vs. U. S., 250 Fed. 87; Kirchner vs. U. S., 
 255 Fed. 301; Sylvia vs. U. S., 264 Fed. 593. 
 
 The law, however, does not minimize the effect of good 
 character when proven. It is very highly regarded. U. 
 S. vs. Freedman, 268 Fed. 655. 
 
 Evidence of, to be considered in connection with all 
 other evidence. Rosen v. U. S., 271 F. 651. 
 
 § 27. Instructions of the Court. — Section 722 of the 
 Revised Statutes of the United States do not in any 
 measure bind the Federal Judge in the method or form 
 of the instructions he delivers to the jury. The statutes 
 and decisions of the state within which he holds his Court 
 are not binding upon him in the matter of procedure in 
 criminal cases, and he may deliver a written or an oral 
 charge as he sees fit. In re Strupp, 12 Blatchf., 509; U. 
 S. vs. Egan, 30 Federal, 608. The personal conduct and 
 administration of the judge in the discharge of his sep- 
 ' irate functions is neither practice, pleading, nor a form 
 nor mode of procedure within the meaning of the stat- 
 ute, and a state statute regulating the manner in which 
 the Court shall charge the jury is not within this statute. 
 4 Federal Statute, 567; Mudd vs. Burrows, 91 U. S., 441; 
 Indianapolis, etc., vs. Horst, 93 U. S., 300; Grimes Dry 
 Goods Co., vs. Malcolm, 164 U. S., 490; Lincoln vs. Power, 
 151 U. S., 442; U. S. Mutual Association vs. Barry, 131 
 U. S. 
 
 In Tennessee vs. Davis, 100 U. S., 257, the Court held 
 with reference to Section 722, that, "examined in the 
 most favorable light, the provision is a mere jumble of 
 Federal Law, Common Law, and State Law, consisting 
 of incongruous and irreconcilable regulations, which, in 
 legal effect, amount to no more than a direction to a 
 judge sitting in such a criminal trial to conduct the same 
 as well as he can, in view of the three systems of crimi- 
 nal jurisprudence, without any suggestion whatever as 
 to what he shall do in such an extraordinary emergency, 
 should he meet a question not regulated by any one of 
 the three systems." At Common Law, it is entirely
 
 90 Federal Criminal, Law Procedure. 
 
 within the discretion of the trial judge whether instruc- 
 tions to the jury shall be in writing; and in the absence 
 of statutes providing otherwise, the whole charge may 
 be delivered orally, and the action of the trial judge in 
 so doing will not be reviewable on appeal or error. Smith 
 vs. Crichton, 33 Maryland, 103; Baer vs. Books, 50 Fed- 
 eral, 898; Gulf Ey. Co. vs. Campbell, 49 Federal, 354. 
 
 The most careful way, however, is in writing, and there 
 is little doubt that any judge, upon proper request, would 
 gladly charge the jury in writing. If special instruc- 
 tions be desired, they must be requested in writing be- 
 fore the retirement of the jury, and the best practice is 
 to give them to the judge before he delivers his charge. 
 All exceptions to the Court's charge must be in open 
 Court, and before the jury retires, and no bill will be 
 granted, unless such action is taken. 
 
 § 27 a. Instructions of the Court Continued. 
 
 The judge should not answer any question or communi- 
 cate with a jury, after it has been charged, in the absence 
 of the parties and their attorneys, if practicable, in a 
 criminal case, though under certain conditions he might 
 answer a question propounded by a jury in a civil case, 
 Fillipon vs. Albion, 242 Fed. 258. In this case the Court 
 of Appeals concluded that the answer of a trial judge to 
 a question propounded by the jury after the judge had 
 retired to his chamber, and not in open court, or in the 
 presence of the parties or their counsel, was not ground 
 for reversal, where no harm had resulted, and the ques- 
 tion and answer being preserved of record and counsel 
 being promptly informed of what had taken place and 
 given an opportunity to except to the substance of the 
 instruction and the manner of giving it. 
 
 When this case reached the Supreme Court, 250 U. S. 
 76; 39 Sup. Ct. Rep. 435, the affirmance by the Court of 
 Appeals was set aside and it was definitely held that the 
 giving of supplementary instructions to the jury, after 
 retirement, in the absence of the parties and without af- 
 fording them opportunity to be present or to make time- 
 ly objection to the instruction, is error, not withstanding
 
 General Provisions Applicable to the Practice. 91 
 
 opportunity afterward was given to except; and that may 
 now be accepted as the real rule. 
 
 See also Dodge vs. U. S. 258 Fed. 300, holding that any 
 communication from the court to the jury not made in 
 open court is improper. 
 
 The court has ample right to give additional instruc- 
 tions, U. S. vs. Oppenheim, 228 Fed. 220, but must do so 
 in the manner above suggested. 
 
 In the matter of instructions Federal Courts in criminal 
 matters are not controlled by state statute, Bryant vs. U. 
 S., 257 Fed. 380, nor by rules of procedure, U. S., vs. Op- 
 penheim, 228 Fed. 220. 
 
 The judge of the court should reflect the real issue, U. 
 S. vs. Stilson, 254 Fed. 120, and must not assume the de- 
 fendant's guilt, Erhardt vs. U. S., 268 Fed. 326. 
 
 § 27b. Exception to Charge After Jury Retired. — In 
 Coffin vs. U. S., 156; U. S., 445, Supreme Court reversed 
 upon exception to charge reserved after the jury had re- 
 tired. Such procedure having been by permission of the 
 Court and prosecuting officer that defendant's counsel 
 might have time to examine the charge and make his ob- 
 jections afterward. 
 
 § 27 c. Exceptions to Charge. 
 
 General exceptions to a charge are not allowable but 
 must be specific and point out the errors complained of so 
 that the court may have an opportunity to correct if he 
 has made error, in his judgment, and so there may be no 
 misunderstanding. Letterman vs. U. S., 246 Fed. 940. 
 
 Stipulated matters are not necessarily thereby made a 
 part of the record. Ulmer vs. U. S., 266 Fed. 176. 
 
 After a case is in the appellate court orders respecting 
 the same may not be entered in the trial court. Ulmer vs. 
 U. S., 266 Fed. 176. 
 
 § 28. Opinion of Court. — A long line of decisions sup- 
 ports beyond contradiction the right and, under some cir- 
 cumstances, even the duty of the judge to express his 
 opinion upon the testimony, which expression, in most 
 state jurisdictions would be a charge upon the weight of 
 the evidence, and, therefore, reversible error; but it is 
 well settled that the Federal judge has this right. In
 
 92 Federal Criminal Law Procedure. 
 
 Simmons vs. United States, 142 U. S., 148, the Court said: 
 ''It is so well settled by a long series of decisions of tins 
 Court that the judge presiding at a trial, civil or crimi- 
 nal, in any Court of the United States, is authorized, 
 whenever he thinks it will assist the jury in arriving at 
 a just conclusion, to express to them his opinion upon 
 the questions of fact, which he submits to their determi- 
 nation, that it is only necessary to refer to a few cases 
 namely, Vicksburg, etc., vs. Putnam, 118 U. S., 545 
 United States vs. Philadelphia Company, 123 U. S., 113 
 Lovejoy vs. United States, 228 U. S., 171." These de- 
 cisions have been followed repeatedly. Sebeck vs. Plat- 
 tseutsche, 124 Federal 18; Ching vs. United States. 118 
 Federal, 543. In the Ching case, the Court held that it 
 was not error for the trial judge to express an opinion 
 as to what the verdict should be, if afterward he quali- 
 fied his statements, and in Breese vs. United States, 106 
 Federal, 686, it was held that an expression of the judge 
 that the defendant is guilty was not error, he having 
 cautioned the jury that they were the sole judges, and 
 that his opinion should not govern. See also Doyle vs. 
 Union Pacific E. E. Co., 147 U. S., 430; Allis vs. United 
 States, 155 U. S., 123; Wiborg vs. United States, 163 U. 
 S., 556; Woodruff vs. U. S., 58 Federal, 767; Spur vs. U. 
 S., 87 Federal, 708; Hart vs. U. S., 84 F., 799; Smith vs. 
 U. S., 157 F., 722. 
 
 § 28 a. Opinion of Court Continued. 
 
 The court may express his opinion if he ultimately and 
 clearly leaves the question to the jury. Griggs vs. Na- 
 deau, 250 Fed. 783; the court must not argue one side 
 of a case, Oppenheim vs. U. S., 241 Fed. 625. 
 
 The court may say he thinks the defendant is guilty 
 but he must also say that the jury will determine that 
 and he cannot prevent the defendant's attorney from 
 discussing such expressed opinion. Morse vs. U. S., 255 
 Fed. 681. The appellate court will reverse a conviction 
 if the trial court's remarks are improper. Shea vs. U. 
 S., 236 Fed. 97; and the court must not argue the case 
 against the defendant, Johnson vs. U. S., 270 Fed. 168. 
 He should be very careful in his expressions. Perkins 
 vs. U. S., 228 Fed* 410.
 
 General Provisions Applicable to the Practice. 93 
 
 § 28b. The Court is Not a Mere Presiding Officer.— 
 His function is to ascertain truth and express his views 
 and insure an orderly progress of the trial. Littenbach 
 vs. U. S., 202, Federal 379, but he must be careful in the 
 expression of an opinion, Foster vs. U. S. 188, Federal 
 305, though he have the power to express an opinion, 
 Young vs. Corrigan, 208 Federal 431. See also Sections 
 24 and 24a. 
 
 § 29. Court Cannot Comment on Lack of Evidence. 
 — One well marked limitation is that pointed out in Mul- 
 len vs. United States, 106 Federal, 892, in a decision by 
 the Circuit Court of Appeals for the Sixth Circuit, which 
 holds in substance that where no testimony has been 
 offered as to the previous good character of the accused, 
 the presumption of such good character exists in favor 
 of the accused, of which, upon a request to that effect, 
 a jury should be instructed, and the Supreme Court, in 
 Coffin against United States, 156 U. S., 432, having said 
 that the presumption of innocence stands as evidence in 
 favor of the accused, as does also the presumption of 
 good character stand as evidence. Such presumptions 
 existing it is the duty of the Court to let the jury know 
 of such presumptions, and it was, therefore, error for 
 the trial judge to tell the jury that the defendants, 
 whether of good character or bad character, were pre- 
 sumed good character. 
 
 § 30. Further Limitations. — In Hickory vs. United 
 States, 160 U. S., 408, and in Starr vs. United States, 153 
 U. S., 616, the Supreme Court said in substance that 
 where there is sufficient evidence upon a given point to 
 permit the point to go to the jury, it is the duty of the 
 judge to submit it calmly and impartially, and if the ex- 
 pression of an opinion upon such evidence becomes a 
 matter of duty, under the circumstances of the particu- 
 lar case, great care should be exercised that such ex- 
 pression should be so given as not to mislead, and es- 
 pecially that it should not be one-sided, and all deduc- 
 tions and theories not warranted by the evidence should 
 be studiously avoided. See also Hicks vs. United States, 
 150 U. S., 442.
 
 94 Federal Criminal Law Procedure. 
 
 Were there testimony, therefore in the record, touch- 
 ing the question of character, it would not be error for 
 the judge to assist the jury by such views as he enter- 
 tained respecting character, its formation and effect, 
 provided he then leave the jury free to decide the dis- 
 puted matter of fact for themselves. See also McKnight 
 vs. United States, 97 Federal, 210. 
 
 § 31. Verdict. — A verdict in a criminal case which 
 finds the defendant guilty upon certain counts of the in- 
 dictments on which the trial was had, not guilty upon 
 others, and which reports a disagreement as to the re- 
 maining counts, is entirely proper, and it is not error to 
 receive such verdict and to enter judgment thereon as 
 to the counts which were finally disposed of. Dolan vs. 
 IT. S., 133 F., 440. 
 
 § 31 a. Eeturn of Verdict. 
 
 A verdict may be returned to the clerk, by agreement, 
 in the absence of the court, and out of the session there- 
 of. U. S. vs. Bachman, 246 Fed. 1009; a verdict on 
 "both" counts might mean, under certain circumstances, 
 ' ' all ' ' counts. U. S. vs. Bachman, 246 Fed. 1009. 
 
 § 32. Sentence and the Correction Thereof. — Certain 
 sections of Chapter IX. of the 1878 statutes, relate to the 
 place and term of sentence. Each Federal district is not 
 provided with a Federal prison, but the statutes of all of 
 the states of the Union provide for the reception of Fed- 
 eral prisoners upon the payment terms therein pre- 
 scribed. Section 5541 permits the Court to sentence the 
 prisoner, if the term be longer than a year, to either a 
 jail or a penitentiary. In this connection, it must be 
 understood that a sentence must be longer than one year 
 before the Court can direct that it shall be served in the 
 penitentiary. Haynes vs. United States, 101 Federal, 
 817; in re Bonner, 151 U. S., 252. 5542 leaves it optional 
 with the Court in imposing sentence to hard labor, as to 
 whether it shall be jail or penitentiary. 
 
 There is no direct Federal statute exacting when con- 
 victed prisoners shall be sentenced. The authority for 
 the sentence of a convict, therefore, under the Federal 
 system, must be found in the general proposition that
 
 General Provisions Applicable to the Practice. 95 
 
 the Federal Courts are authorized to pronounce all de- 
 crees and judgments necessary. Specific penal statutes, 
 with fixed terms of punishment, demand, therefore, sen- 
 tence by the Court upon the convicted person. 
 
 § 32. a. Sentence-Correction-Practice. 
 
 A sentence to the county jail without mentioning the 
 county is valid since the Attorney General could change 
 the place of imprisonment anyhow. Ozello vs. U. S., 
 268 Fed. 242. 
 
 A court cannot double sentence. Blackman vs. U. S., 
 250 Fed. 449. 
 
 It is necessary that the defendant be present, other- 
 wise, the sentence is not valid. Price vs. Zerbert, 268 
 Fed. 72. 
 
 One may be sentenced after the term at which he was 
 convicted. Miner vs. U. S., 244 Fed. 422. 
 
 The time of one's sentence begins to run from the date 
 he is received by the warden of the penitentiary, or from 
 the time he is sentenced as shown by the date of such 
 judgment. Ex parte Lyman 247 Fed. 611. 
 
 But the time when a sentence of imprisonment is com- 
 menced is properly no part of the sentence and may be 
 changed by the court at a subsequent term, if for any 
 reason execution of the sentence has been delayed. Bern- 
 stein vs. IT. S., 254 Fed. 967. 
 
 The lower court has large discretion in the matter of 
 sentence so far as the magnitude of the punishment is con- 
 cerned. Peterson vs. U. S., 246 Fed. 118. 
 
 The appellate court may not change the sentence. 
 
 The power of correction rests exclusive and alone with 
 the trial court. Voege vs. U. S., 270 Fed. 219; Hickson vs. 
 U. S., 258 Fed. 867;'Rogers vs. Desporte, 268 Fed. 308. 
 
 "Hard labor" is not a requisite of a sentence to the 
 United States penitentiary at Atlanta. Rogers vs. Des- 
 porte, 268 Fed. 83. 
 
 A sentence which showed in it's wording to have been 
 on all of the counts in the indictment when the defendant 
 had been acquitted on some of the counts is not invalid if 
 the sentence could have been given on one of the counts. 
 Roberts vs. U. S., 248 Fed. 873.
 
 96 Pedeeal Criminal Law Procedure. 
 
 The Court of Appeals may reverse and order the lower 
 court to correct a sentence. Farley vs. U. S., 269 Fed. 721. 
 
 § 32b. Single Sentence — What Is. — District Judge 
 Van Fleet in U. S. vs. Thompson, 202, Federal, 346, pro- 
 nounced a judgment in a criminal case which designated 
 different and consecutive periods of imprisonment of a 
 defendant on different counts in the same indictment, a 
 single sentence for the aggregate period and cited au- 
 thorities to support his position, distinguishing the doc- 
 trine laid down in re Mills, 135 U. S., 263. See Section 
 34. 
 
 § 33. No Authority to Suspend Sentence. — For years, 
 and perhaps now in some of the Districts, judges have 
 suspended sentence, when in their opinion such action 
 was called for by the facts of the particular case. Such 
 practice is, beyond question it seems, the exercise of 
 pardoning power, and the usurpation by the judiciary 
 of a power especially inhibited to them, and belonging 
 to an entirely different branch of the Government. The 
 Judge, in administering the law, is as surely bounden 
 to society that all of its mandates shall be correctly ob- 
 served, as he is not to lay the weight of his finger un- 
 justly upon the defendant. In United States vs. "Wilson, 
 46 Federal, 748, Judge Beatty denounced the practice, 
 and observed, in substance, that while there was no 
 question of the power and authority of a Court to tem- 
 porarily suspend its judgment for the purpose of hear- 
 ing and determining motions and other proceedings 
 which may occur after verdict, and which may be properly 
 considered before judgment, or for any other good rea- 
 son, yet the suspension of a judgment upon the good be- 
 havior of the prisoner, or for any ofher reason that is 
 not concerned with the case, is an exercise of arbitrary 
 and unlawful power. He says: 
 
 "It operates as a condonation of the offense, and an exercise of a 
 pardoning power, which was never conferred upon the Court." 
 
 § 33a. No Authority to Suspend Sentence, Continued. 
 
 The practice of suspending sentences by trial judges 
 
 became so prevalent that the government filed an origi-
 
 General Provisions Applicable to the Practice. 97 
 
 nal proceeding in the United States Supreme Court to 
 mandamus a district judge who was engaging in such a 
 practice and the Supreme Court's decree in that pro- 
 ceeding ended for all time the practice. Exparte U. S., 
 242 U. S., 27; it is thought that the execution of a sen- 
 tence may be temporarily delayed for a pardon or simi- 
 lar proceeding. U. S., vs. Lynch, 259 Fed. 982. 
 
 Even when a sentence had been suspended, illegally, 
 the court may thereafter issue a mittimus for it's en- 
 forcement, after the term has expired at which it was 
 imposed. Morgan vs. Adams, 226 Fed. 719. 
 
 § 34. Correction of Sentence. — Under Section 5546 
 and its Amendment, as shown at page 111, First Vol- 
 ume Supplement, the Attorney General of the United 
 States designates the particular Federal penitentiary to 
 which prisoners from a given district shall be sentenced. 
 Theae designations because of various reasons, must, 
 from time to time, be changed. Most of the Federal 
 Statutes fix the maximum of the punishment, and leave 
 it discretionary with the Court to come within such limits. 
 Some of the statutes carry hard labor, and some do not. 
 Because of all these and perhaps other reasons, mistakes 
 are sometimes made by the Court, and sentences that 
 are void or invalid are imposed. There seems to be no 
 question under the authorities, that the Court which 
 has rendered a judgment or sentence may, during the 
 term of its rendition, and before any part of it has been 
 executed or suffered, revise and vacate it, or change, 
 correct, or amend it in form or substance, or may modi- 
 fy, diminish, or increase it within the limits allowed by 
 law, and in fact may render a new judgment, in accord- 
 ance with its authority, duty, and discretion. United 
 States vs. Harmison, 3 Saw., 556; ex parte Caset, 18 Fed., 
 86; Bassett vs. United States, 9 Wallace, 38; ex parte 
 Lange, 18 Wallace, 163; Eeynolds vs. United States, 98 
 U. S., 145; in re Bonner, 151 U. S., 242; Williams vs. 
 U. S., 168 IT. S., 382; ex parte Waterman, 33 Federal 29; 
 U. S. vs. Harmon, 68 Federal, 472; in re Groves, 117 Fed- 
 eral, 798. 
 
 7
 
 98 Federal Criminal Law Procedure. 
 
 The authorities also seem to be a unit upon the proposi- 
 tion that after the term has passed, the Court has no 
 further control over a valid judgment or sentence which 
 it has rendered, and cannot vacate, reform, or change 
 it, or pronounce a new sentence. Ex parte Friday, 43 
 Federal, 916; U. S. vs. Malone, 9 Federal, 897; U. S. vs. 
 Pile, 130 U. S., 280; U. S. vs. Patterson, 29 Federal, 775. 
 Independently of some statutory provision, it is thor- 
 oughly settled that the practice of the Federal Courts 
 with reference to granting new trials in criminal cases 
 follows the Common Law, so that the Court has no juris- 
 diction over such motion after the term expires at which 
 the sentence was pronounced. Chitty's Criminal Law, 
 651; Indianapolis E. R. Co. vs. Horst, 93 U. S., 291; New- 
 comb vs. Wood, 97 U. S., 581; Belknap vs. U. S., 150 U. 
 S., 588; King-man vs. Western Mfg. Co., 170 IT. S., 675; 
 Capital Traction Co. vs. Hof, 174 U. S., 1. Where, how- 
 ever, there is a local statute of the state, by which a mo- 
 tion for a new trial in a criminal case is justified, even 
 though the term be ended at which the sentence and judg- 
 ment was passed, it seems to be an open question as to 
 just what course the Federal Courts would follow. In 
 Trafton vs. IT. S., 147 Federal, 513, the Circuit Court of 
 Appeals for the First Circuit declined to pass upon this 
 question, referring it back to the District Court for first 
 investigation, without themselves indicating either for 
 or against such practice. 
 
 So, also, the respectable weight of authority seems to 
 indicate that a sentence which is null and void may be 
 corrected at the same term in which it was entered, even 
 though the prisoner has been in prison thereunder. Peo- 
 ple vs. Dane, 81 Mich., 36; ex parte Gilmore, 71 Cali- 
 fornia, 624; in re Bonner, 151 IT. S., 242; in re Christian, 
 82 Federal, 885. 
 
 While for some time it may have been considered 
 doubtful as to whether the sentencing Court, after the 
 term, could recall before it the prisoner, and re-sentence, 
 for the purpose of correcting a null and void judgment, 
 it seems now to be determined upon the weight of au- 
 thority and sound public policy, that such action may be
 
 General Provisions Applicable to the Practice. 99 
 
 taken. At Common Law, it could be done on a writ of 
 error coram vobis. In recent times, it has often been 
 done by motion. Bank of United States vs. Moss, 6 How- 
 ard, 38; Bronson vs. Schulter, 104 U. S., 410; Phillips vs. 
 Negley, 117 U. S., 665; in re Wright, 134 U. S., 136; in re 
 Welty, 123 Federal, 126; ex parte Peeke, 144 Federal, 
 1020; U. S. vs. Carpenter, 151 Federal, 216; Francis vs. 
 U. S., 152 Federal, 157. In addition to these authorities 
 is the ranking authority of the Supreme Court of the 
 United States, in in re Bonner, 152 Federal, 252 wherein 
 the Court says: 
 
 "But in a vast majority of cases, the extent and mode and place of 
 punishment may be corrected by the original court without a new 
 trial, and the party punished as he should be, whilst relieved from any 
 excess committed by the Court of which he complains. In such case, 
 the original Court would only set aside what it had no authority to 
 do, and substitute directions required by the law to be taken upon the 
 conviction of the offender." 
 
 The above expression was written in a case where many 
 terms had elapsed; but the Supreme Court directed that 
 the prisoner, who, upon his application for an habeas cor- 
 pus, had been released from the penitentiary custody, 
 should be transmitted to the original Court for the steps 
 to be taken in accordance with the excerpt above. Bal- 
 lew vs. U. S. 160, U. S. 195, affirms the Bonner case and 
 takes action in harmony therewith. 
 
 § 34a. Sentence not Absolutely Void; Resentencing. 
 — In Howard vs. Moyer, 206, Federal, 555, it was held 
 that one would not be released on writ of habeas corpus 
 merely because the sentence was erroneous. In order 
 to secure such relief, the sentence must in fact be a nul- 
 lity. See also Balke vs. Moyer, 206, Federal, 559. 
 
 In Stevens vs. McClaughry, 207 Federal, 18, Circuit 
 Judge Sanborn for the Court of Appeals for the Eighth 
 Circuit, held that one who is being restrained of his lib- 
 erty for many years by virtue of the judgment of a Fed- 
 eral Court which is beyond its jurisdiction and void, is 
 not barred from a release therefrom by writ of habeas 
 corpus by the fact that he might have secured such re- 
 lief by a writ of error but failed to apply for it until it
 
 100 Federal Criminal Law Procedure. 
 
 was too late. An habeas corpus may be used to liberate 
 one who is being restrained of his liberty by virtue of 
 the judgment of the Federal Court beyond its jurisdic- 
 tion and therefore void. Stevens vs. McClaughry, 207. 
 Federal, 18. 
 
 Section 761 of the Revised States requires a Federal 
 Court in an habeas corpus proceeding to dispose of the 
 party as law and justice require, and where one seeks 
 this relief on the ground that his sentence was illegal, 
 it is proper for the Court on so finding to direct his re- 
 turn to the Court by which he was tried for a correction 
 of the sentence, and this may be done though the term 
 at which he was convicted has passed. Bryant vs. U. S. 
 214, Federal, 51. 
 
 It is not double jeopardy to re-sentence a prisoner 
 who had his first sentence vacated by writ of error, 
 Murphy vs. Massachusetts, 177 U. S., 155, nor to re-try 
 him on a new indictment after a prior indictment, con- 
 viction and sentence have been set aside in a proceed- 
 ing in error. Ball vs. U. S. 163, U. S. 662. 
 
 The Government is not authorized to move for a modi- 
 fication of judgment and sentence with respect to place 
 of imprisonment in the absence of any of the contin- 
 gencies covered by Section 5546, which provides that all 
 persons convicted where there may not be a penitentiary 
 or suitable jail, shall be confined in some suitable jail 
 or penitentiary in a convenient state or territory, to be 
 designated by the Attorney General, and that place of 
 imprisonment may be changed when to the Attorney 
 General it appears necessary. U. S. vs. Cane, 221, Fed- 
 eral, 299. 
 
 § 35. Remission of Penalty on Forfeited Recogni- 
 zance. — An application to a Federal Court which has en- 
 tered judgment on a forfeited recognizance in favor of 
 the United States, for a remission of the penalty for 
 which such judgment was rendered under Rev. Stat. 
 1020, which gives the Court power to remit the whole 
 or any part of such penalty, "when it appears to the 
 Court that there was no willful default of the party," 
 is not a motion to vacate the judgment, and may be en-
 
 General Provisions Applicable to the Practice. 101 
 
 tertained after the term at which the judgment was en- 
 tered. U. S. vs. Jenkins, et al, 176 F., 672. 
 
 § 35a. Fine. — The imposition of a fine or penalty is 
 abated by the death of the party against whom the same 
 is imposed. Dyar vs. TJ. S. 106, Federal, 623. 
 
 § 35. b. Fine-Reeovery-etc, 
 
 The imposition of a fine on a void indictment may be 
 recovered even though, it was imposed on a plea of 
 guilty, was held in Mossem vs. U. S., 266 Fed. 18, but the 
 defendant must pursue his statutory remedies by suing in 
 the court of claims. The imposing court has no right to 
 order the repayment of such a fine upon a petition ask- 
 ing the court to act summarily, U. S., vs. Mossew, 268 
 Fed. 383. 
 
 A creditor's bill may be filed to collect a fine. Pierce 
 vs. U. S., 257 Fed. 514. 
 
 § 36. Bail After Affirmance. — The affirmance by the 
 Circuit Court of Appeals of a judgment of conviction in 
 a criminal case is the end of the proceedings in error, 
 and that court has no power to continue defendant's 
 bail, nor to admit him to new bail pending his applica- 
 tion to the Supreme Court for a writ of certiorari, but 
 the Court may, for good cause shown, defer the begin- 
 ning of his sentence for a reasonable time. Walsh vs. 
 U. S., 177 F., 208. 
 
 § 36a. Bail Matter of Discretion and Matter of Right 
 — When. — A person charged with a misdemeanor only, in 
 extradition proceedings, is entitled to bail as a matter 
 of absolute right, both under the state and federal laws, 
 unless his enlargement on bail would be a menace to a 
 community. Ex parte Thaw, 209, Federal, 954. 
 
 A Chinese person against whom an order of deporta- 
 tion has been entered, is not entitled to be admitted to 
 bail pending an appeal, as a matter of right, but admis- 
 sion to bail rests in the discretion of the Court. U. S. vs. 
 Fah Chung, 132, Federal, 109. The opinion of Judge 
 Dodge in re Jem Yuen, 188, Federal, 350, is in direct con- 
 flict with the case above cited in 132nd Federal, for Judge 
 Dodge holds that the words of the Act requiring depor
 
 102 Federal Criminal Law Procedure. 
 
 tation of Chinese persons under certain conditions deny 
 the alien bail pending appeal. 
 
 A supersedeas is not a matter of right when appeal is 
 taken in a criminal case. U. S. vs. Gibson, 188, Federal, 
 397. 
 
 § 36b. Bail-Amount-Manner-Trial When Under. 
 
 A federal court has jurisdiction to try one who has 
 been convicted in a state court and is then on bail. Vane 
 vs. IT. S., 254 Fed. 28. 
 
 A court cannot refuse cash bail, nor, can bail be denied 
 because the defendant has once absconded. Rowan vs. 
 Randolph, 268 Fed. 529. 
 
 Pending a writ of error proceedings the granting of 
 bail is discretionary, with the court. U. S., vs. St. John, 
 254 Fed. 794. 
 
 The opinion of the attorney for the defendant that the 
 defendant need not attend court is not an excuse such 
 as would set aside a forfeiture, nor, will it make opera- 
 tive Sec. 1020, which authorizes the court to remit the 
 whole or part of the bond. U. S., vs. Fabata, 253 Fed. 
 586. See also U. S. vs. Jacobson, 257 Fed. 760. 
 
 § 36c. Voluntary Giving of Bond no Defense to Sure- 
 ties' Liability. — In the case of U. S. vs. Lamar, 210, Fed- 
 eral, 685, it was determined that even though the accused 
 voluntarily gave bond for his appearance, such contract 
 was binding and he, not having appeared a preliminary 
 surrender and a subsequent habeas corpus, were no de- 
 fense to the forfeiture of his bond. It may be observed 
 here that the government in most instances proceeds 
 against the principal and his sureties by an action at 
 law, after forfeiture, rather than by the old methods of 
 scire facias and statutory proceedings. In other words 
 it is a mere action for debt. 
 
 § 37. Severance. — Severance and separate trials were 
 not a Common Law right, but were permitted at the dis- 
 cretion of the Court, in all grades of offenses, including 
 misdemeanor and felony. It is generally presumed that 
 persons jointly indicted are to be tried jointly, but when, 
 in a particular instance, this would work injustice to a 
 party, the Court, under the Common Law, will permit a
 
 General, Provisions Applicable to the Practice. 103 
 
 servance and separate trials. Some of the States, by stat- 
 ute, authorize and guarantee this as a right. In the 
 Federal Courts, however, • the rule is the Common Law 
 rule stated above. The application for severance may 
 come from either the defendant or the prosecution, and 
 there are authorities which hold that a request by the 
 prosecuting officer for a severance will be granted as a 
 matter of right, 1 Bishop Crim. Procedure, page 649. 
 
 Re-stating the Common Law rule, it is, that the try- 
 ing together of joint defendants promotes convenience 
 and justice; and unless the contrary appears, the trial 
 will be joint. If, however, there be antagonistic de- 
 fenses, or important evidence not adducible upon joint 
 trial; or where the husband and wife are jointly indicted, 
 and the testimony of the wife would not be admissible 
 against the husband; or if the testimony would be prej- 
 udicial against one and incompetent against another; 
 or where there be a contention of one which is not ad- 
 missible against another — the Court may, in his discre- 
 tion, grant separate trials. See also Lee Dock vs. U. S. 
 224 Fed., 431. 
 
 In United States vs. Marchant and Colson, 25 U. S., 
 page 479; 6 Law Ed., 700, the Supreme Court of the Unit- 
 ed States held, speaking through Justice Story, that, 
 
 "Where two or more persons are jointly charged in the same indict- 
 ment with a capital offense, they have not a right by law to be tried 
 separately, without the consent of the prosecutor; but such separate 
 trial is a matter to be allowed in the discretion of the Court." 
 
 See also 19 Vol. Enc. of Pleading and Practice, page 
 521. 
 
 In Ball vs. United States, 163 U. S., 663, 41 Law Rd., 
 300, the Supreme Court held, in a case where two de- 
 fendants moved that they be tried separately from Ball, 
 a co-defendant, alleging as a cause for such motion that 
 the Government relied on his acts and declarations made 
 after the killing, and not in their presence or hearing, 
 and because he was a material witness in their behalf, 
 that the question whether defendants jointly indicted 
 should be tried together or separately, was a question
 
 3 04 Federal Criminal Law Procedure. 
 
 resting in the sound discretion of the Court below; and 
 it not appearing that there was any abuse of that dis- 
 cretion in ordering the three defendants tried together, 
 or that the Court did not duly limit the effect of any evi- 
 dence introduced which was competent against one de- 
 fendant and incompetent against others, Sparf vs. U. S., 
 156 U. S., 51; 39 Law Ed., 343, such discretion would 
 not be reviewed on writ of error. 
 
 In Cochran against the United States, 147 Federal, 
 206, the Circuit Court of Appeals for the Eighth Circuit 
 affirms this position, but holds that United States Courts 
 held in territories which are governed by local statutes 
 which give a right of severance, that the United States 
 Courts, will, in such jurisdictions, grant the local right. 
 
 In Richards against the United States, 175 Federal, 
 page 911, the Circuit Court of Appeals for the Eighth 
 Circuit held that the request of defendants charged in 
 the same indictment, for separate trials is addressed to 
 the discretion of the Court, and its action in refusing 
 the same will not be reviewed in the absence of clear in- 
 dications that serious prejudice resulted therefrom to 
 one or more of the defendants. 
 
 The granting of a separate trial to numerous defend- 
 ants who are indicted in the same bill is a matter of dis- 
 cretion and such discretion can be reviewed only when 
 abused. Schwartzberg vs. U. S., 241 Fed. 348; Oppen- 
 heim vs. U. S., 241 Fed. 625. 
 
 § 38. Habeas Corpus. — Under the Federal practice, 
 the return to a writ of habeas corpus must recite facts; 
 and when it recites facts, verity will be imported there- 
 to until impeached. Petitions that merely allege con- 
 clusions of law, such as that the respondent had a right 
 to detain the petitioners, are held to be insufficient, and 
 do not controvert the allegations of illegal detention al- 
 leged by the petitioner. In Stretton vs. Shaheen, 176 
 Federal, 735, the Circuit Court of Appeals for the Fifth 
 Circuit held that a return to a writ of habeas corpus ob- 
 tained on behalf of immigrants upon petitions alleging 
 their illegal detention by an Inspector, which alleged no 
 facts, but merely as a conclusion of law that the re-
 
 General Provisions Applicable to the Practice. 105 
 
 spondent had the right to detain the petitioners, were 
 insufficient. In Streton vs. Rudy, 176 Federal, 727, the 
 same Court held that where a return shows a state of 
 facts under which the petitioner is lawfully held, that 
 if there be no evidence controverting such facts, the pe- 
 titioner will be remanded to the custody of the officer, 
 and it is error to release the petitioner under such a state 
 of facts, and cites Japanese Immigrant Case, 189 U. S., 
 86, 47 Law Ed., 721, and Chin Yow vs. U. S., 208 U. S., 
 8; 52 Law Ed., 369. 
 
 § 38a. Habeas Corpus. A civil court will release a 
 prisoner from a court-martial if the court-martial real- 
 ly has no jurisdiction. U. S. vs. McDonald, 265 Fed. 754 
 and 695. 
 
 A writ will not run to a state court save and except 
 for a deprivation of "due process." Teregno vs. Shat- 
 tuck 265 Fed. 797. 
 
 When an application alleges that the prisoner is being 
 held by a state court in violation of the constitution or 
 of a law or treaty of the United States, or for an act 
 done or omitted pursuant to a law of the United States, 
 the federal courts, under Sec. 751-753 R. S. U. S., have 
 plenary jurisdiction to inquire into the cause of such 
 confinement by means of habeas corpus and to discharge 
 the petitioner. Castle vs. Lewis, 254 Fed. 917, and there 
 is the presumption of law that the finding of the trial 
 court in habeas corpus proceedings, who hears and sees 
 the witnesses, is correct. Castle vs. Lewis 254 Fed. 918. 
 
 When one is held under a warrant for extradition to 
 another state, and institutes habeas corpus proceedings 
 in a state court in which he raises, or could have raised 
 questions involving his rights under United States laws 
 and constitution, he should prosecute a writ of error 
 to review the decision of the highest court in the state, 
 remanding him to custody, before invoking the jurisdic- 
 tion of the federal courts on new proceedings for habeas 
 corpus. Ex parte Graves, 269 Fed. 461. 
 
 One who has been convicted in a state court which 
 had jurisdiction over the offense, the place where it was 
 committed and the prisoner cannot have relief on habeas
 
 106 Federal Criminal Law Procedure. 
 
 corpus from a federal court and such proceedings can- 
 not be employed as a substitute for a writ of error. A 
 criminal prosecution in a state court, based on a law 
 not repugnant to the federal constitution and conducted 
 according to the settled course of proceedings under the 
 law of the state, constitutes "due process of law" in 
 the constitutional sense, so long as it includes notice and 
 a hearing and an opportunity to be heard before a court 
 of competent jurisdiction according to established modes 
 of procedure. Filer vs. Steele, 228 Fed. 242. 
 
 It is manifestly difficult, and almost impossible, to 
 claim that a prisoner has been deprived of due process 
 of law, until the conclusion of the course of justice in 
 the state courts, as the prohibition of the Fourteenth 
 Amendment is addressed to the state itself, and if a vio- 
 lation be threatened by one agency of the state, but pre- 
 vented by another agency of higher authority, there is 
 no violation by the state. Filer vs. Stelle, 228 Fed. 242. 
 
 So also the action of immigration officials, in ordering 
 the deportation of aliens is reviewable by the courts only 
 so far as to determine whether they acted under the 
 scope of their authority and the fairness of their pro- 
 ceedings and a habeas corpus proceedings cannot be 
 made to perform the function of a writ of error. Sibray 
 vs. U. S. 227 Fed. 1. 
 
 § 38b. Habeas Corpus not to be Used on Writ of Er- 
 ror. — Federal Courts will not inquire into the validity of 
 an indictment on removal by the habeas corpus route. 
 Henry vs. Henkel, IT. S. Sup. Ct., Oct. Term, 1914. Glas- 
 gow vs. Moyer, 225 U. S., 420. In re Gregory, 219 U. S., 
 210. Nor can the writ be made to perform the office of 
 a writ of error. Harlan vs. McGouer, 218 U. S., 44. 
 Frank vs. Mangum, U. S. Sup. Ct., Oct. Term, 1914. The 
 office of the writ of habeas corpus is confined to inquiry 
 as to the cause of confinement, ex parte Jim Hong, 211 
 Federal, 73. It is a settled rule of the Federal Supreme 
 Court that a writ of habeas corpus will not ordinarily be 
 issued to review the decisions of courts of competent ju- 
 risdiction made within the limits of their jurisdiction, 
 oven though such decisions may be erroneous, and a de-
 
 Genebal Peovisions Applicable to the Peactice. 107 
 
 f endant convicted of a crime by a state court of competent 
 jurisdiction, which conviction has been affirmed by the Su- 
 preme Court of the State, will not be released from im- 
 prisonment thereunder by a Federal Court on a writ of 
 habeas corpus, on the ground that he is deprived of his 
 liberty without due process of law, because of the over- 
 ruling of a plea of former acquittal; his remedy being 
 by a writ of error from the Supreme Court * of the 
 United States, if he claimed the right under the Con- 
 stitution in the State Courts. Ex parte Blodgett, 192, 
 Federal 707. Frank vs. Mangum, U. S. Sup. Ct., Oct. 
 Term, 1915. Nor will extradition on valid indictment 
 be defeated by. Drew vs. Thaw, U. S. Sup. Ct., Oct. 
 Term, 1914. 
 
 § 39. Immunity. — Since the passage of the Federal 
 Sherman Anti-Trust and Interstate Commerce Act, so- 
 called, the question has arisen whether the immunity 
 from prosecution therein guaranteed means a shield from 
 any prosecution, or a protection against successful prose- 
 cution. In the case of Heike vs. United States, decided 
 May 2, 1910, the Court passed upon this question, and 
 approved Brown vs. Walker, in 161 U. S., 591, in which 
 the Constitutionality of the Immunity Statute was sus- 
 tained, and said in substance that a shield against suc- 
 cessful prosecution, available to the accused as a defense, 
 and not immunity from the prosecution itself, is what was 
 secured by the Act of February 25, 1903, as amended by 
 the Act of June 30, 1906, providing that no person shall 
 be prosecuted or subjected to any penalty or forfeiture 
 for, or on account of, any prosecution, matter, or thing, 
 concerning which he may testify or produce evidence in 
 any proceedings, suit, or prosecution under the said Acts. 
 
 The facts of the Heike case were that Heike was in- 
 dicted with others for alleged violations of the Customs 
 laws of the United States, in connection with the fraudu- 
 lent importation of sugar, and also for conspiracy under 
 Section 5440 of the Revised Statutes of the United States, 
 to defraud the United States of its revenues. Heike ap- 
 peared and filed a special plea in bar, claiming immunity 
 from prosecution under the aforementioned Act. The
 
 108 Federal Criminal, Law Procedure. 
 
 plea set up, in substance, that Heike had been called 
 upon to testify before the grand jury, in matters con- 
 cerning the prosecution against him, and had thereby be- 
 come immune from prosecution under the law. The Gov- 
 ernment filed a replication, and the issues thus raised 
 were brought to trial, the result of which was a verdict 
 for the Government upon the issue; and thereafter Heike 
 asked to be permitted to plead over, and he then plead 
 not guilty. The Court then held that the judgment on the 
 special plea was not a final judgment from which an ap- 
 peal could be had, and rendered a decision as above in- 
 dicated. 
 
 § 39a. Immunity. — See Section 7a. Under the Fed- 
 eral anti-trust act making it an offense to restrain trade, 
 the Court, in U. S. vs. Swift, 186, Federal, 1002, held 
 that the immunity statute governing the giving of testi- 
 mony before the Commissioner of Corporation, Act of 
 February 11, 1893, 27 Stats. L. 443, is made expressly ap- 
 plicable by the Act of February 14, 1903, which created 
 the Department of Commerce and Labor. This immunity 
 act of February 11, 1893, was enacted to satisfy the de- 
 mand of the Fifth Constitutional Amendment and does 
 so by affording the witness absolute immunity from fu- 
 ture prosecution for any offense arising out of the trans- 
 actions to which his testimony relates and which might 
 be aided directly or indirectly thereby, so as to leave no 
 ground on which the Constitutional privilege may be in- 
 voked. Of course it does not act as a shield against 
 prosecution for offenses committed after the testimony 
 is given. U. S. vs. Swift, 186, Federal, 1003. 
 
 Revised Statutes 860, which provides that evidence 
 given in a judicial proceeding shall not be used against 
 the witness in any Federal Court, does not exempt him 
 from prosecution for perjury for giving such evidence 
 and does not prevent prosecution for perjury in a bank- 
 ruptcy proceeding, nor does it prevent introduction in 
 support of the charge, not only the false statements, but 
 such other parts of accused's testimony as is necessary 
 to make the charge intelligible. Cameron vs. U. S., 192, 
 Federal, 548.
 
 General Peovisions Applicable to the Practice. 109 
 
 In 192 Federal, 83, Heike vs. U. S., the Circuit Court of 
 Appeals affirms the conviction of an officer of a corpora- 
 tion who claimed immunity because he had produced 
 before a grand jury in response to a subpoena duces 
 tecum, certain record evidence of that corporation, which 
 showed his guilt as an official of the corporation. Per- 
 sons making no objection to testifying cannot afterwards 
 complain, though called, said the Court in U. S. vs. Wet- 
 more, 218, Federal, 227, but see cases above. 
 
 § 40. Improper Person in Grand-Jury Room.— An ex- 
 pert accountant who is not an attorney-at-law, appointed 
 by the Attorney General "a special assistant" to a United 
 States Attorney, to assist in the investigation and prose- 
 cution of a particular case is not an "officer of the De- 
 partment of Justice," within the meaning of Act June 
 30, 1906, C. 3935, 34 Stat. 816, and cannot be authorized 
 by the Attorney General to conduct or assist in the con- 
 ducting proceedings before the grand jury — and his pres- 
 ence in room which results in bill is ground for quashing 
 same. U. S. vs. Heinze, 177 F., 770. See also U. S. vs. 
 American Tobacco Co., 177 F., 774, as to this and suffi- 
 ciency of other abatement pleas and time for filing same. 
 Stenographer not allowed. Latham vs. U. S., 226 Fed. 
 p. 420. 
 
 § 40a. Improper Person in Grand Jury Room Con- 
 tinued. — In Wilson vs. U. S., 229 Fed. 344, the court takes 
 an entirely different position to that supported by the 
 opinion in Latham vs. U. S., 226 Fed. 420, and cited in 
 Sec. 40. It is believed .that the Latham case will be fol- 
 lowed as the law. The reason for the secrecy of the grand 
 jury and the freedom of that body from the presence of 
 unauthorized persons who are not under an oath identical 
 with that taken by the members of the body, may not 
 only result in a breaking of the secrecy of the proceed- 
 ings but may likewise result in an outside pressure even 
 though the pressure is not susceptable of measurement. 
 If one stenographer be present then twenty five can be 
 present. Any number can be present. When the rule is 
 once broken it ceases to be a rule. Grand jurors who 
 begin their duties together by simultaneously uplifting
 
 110 Federal Criminal Law Procedure. 
 
 their hands and taking the oath and who sit side by side 
 day after day and work in the fearlessness of secret ses- 
 sions, are disadvantaged by the presence of outsiders, 
 however meek or lowly or insubordinate such outsider 
 may be. 
 
 In May vs. U. S., 236 Fed., 495, it was held that an As- 
 sistant Attorney General, de facto, is not an "improper 
 person." 
 
 In U. S. vs. Phila. Railway Co., 221 Fed. 683, Judge 
 Thompson held that the Act of June 30, 1906, which pro- 
 vides that any attorney or counselor, specially appointed 
 by the Attorney General under the provisions of law, 
 when thereunto specially directed by the Attorney Gen- 
 eral, may conduct grand jury proceedings, does not au- 
 thorize the appointment of an attorney, who was not 
 intended to conduct the proceedings, but whose sole duty 
 was to report stenographically the testimony of witnesses 
 to be present in the grand jury room during the taking 
 of testimony and that if he were so present it would be 
 ground for quashing the indictment. 
 
 After an indictment has been found and the defendant 
 has been apprehended and has submitted to the jurisdic- 
 tion of the court and been released on bail, there is no im- 
 propriety in inquiring of the grand jurors, or in their 
 telling, what transpired before them in court, under the 
 proper direction of the Judge. U. S. vs. Perlman, 247 
 Fed. 158. In truth it would appear that it is the holding 
 of the authorities that such inquiry need not necessarily 
 be in court. After the presentment of the indictment and 
 after the grand jury has heard the testimony and after 
 the indictment has been made public and the accused has 
 been arrested and the grand jury has been discharged, 
 its members are at liberty to disclose if they see fit, the 
 proceedings that were had before them to proper in- 
 quirers who seek information with reference to a par- 
 ticular case. Atwell vs. U. S., 162 Fed. 97. In this case 
 an attempt was made to subject a grand juror to im- 
 prisonment for contempt for disclosing proceedings of 
 the grand jury room after the grand jury had been dis-
 
 General Provisions Applicable to the Practice. Ill 
 
 charged and the Court of Appeals held that the grand 
 juror was not subject to punishment. 
 
 § 40b. Hearsay Testimony Introduced Before Grand 
 Jury bound to quash the indictment, U. S. vs. Eubin et 
 al. 218, Federal, 245. The use by the United States Dis- 
 trict Attorney of his stenographer in the grand jury room 
 to take down the testimony of witnesses for the use of 
 the District Attorney afterward is grounds for quashing 
 the indictment. U. S. vs. Eubin et al., 218 Federal, 245. 
 Latham et al. vs. U. S., 226 F. p. 420; U. S. vs. Phila- 
 delphia Ry. Co., 221 F. 683. 
 
 § 41. Private Prosecutors Unknown in Federal 
 Courts. — The Federal statutes provide for the appoint- 
 ment of District Attorneys and their assistants, for the 
 purpose of prosecuting offenses against the Federal laws. 
 Judge Hammond, in United States vs. Stone, 8 Federal, 
 232, held that private prosecutors are unknown to the 
 practice of the Federal Courts, the District Attorney be- 
 ing alone authorized to prosecute; and in speaking of 
 this matter, he said: 
 
 "Under our Federal practice, from the earliest times, and by force 
 of the statute, the District Attorney is the only prosecutor known to 
 our law; and as a matter of fact, in this Court at least, no private 
 prosecutor has ever been recognized. Act of 1879, Chapter XX., Section 
 35, [1 St., 92]; Revised Statutes, Sec. 771; U. S. vs. Mundel, 6 Coll.. 
 245; U. S. vs. McAvoy, 6 Blatchf., 418; U. S. vs. Blaisdell, 3 Ben., 
 132, where the Court refused to recognize an agreement of the Execu- 
 tive Department not to prosecute the offender, and said, that, 'when 
 there is no District Attorney in commission, the Government cannot 
 prosecute in this Court.' 1 Bishop Criminal Pr., Sec. 278. It is im- 
 possible, therefore, for anyone to occupy the place of a private pros- 
 ecutor in this Court." 
 
 § 41a. Assistants to District Attorneys.— Sec. 363 of 
 the Revised Statutes of the United States gives the Attor- 
 ney General power to employ, in the name of the United 
 States, attorneys "to assist the district attorney.' : It 
 places no restriction upon the powers of the district at- 
 torney and they come within the general rule that an as- 
 sistant, duly appointed to prosecute, is clothed will all 
 the powers and privileges of the prosecuting attorney, 
 all acts done by him in that capacity must be regarded
 
 112 Federal. Criminal Law Procedure. 
 
 as if done by the prosecuting attorney himself. Brown 
 vs. U. S., 257 Fed. 703, citing 32 Cyc. 724; Parish vs. U. 
 S., 100 U. S., 500; May vs. U. S., 236 Fed. 495. 
 
 § 42. Proof of Witness' Former Conviction. — In the 
 absence of a Federal statute on the subject, the incom- 
 petency of a witness by reason of his prior conviction of 
 a felony, cannot be shown upon his examination, but only 
 by the production of the record, or an exemplified copy 
 of it. Rise vs. United States, 144 Federal, 374. If the 
 guilt of the party should be shown by oral evidence, and 
 even upon his own admission (though in neither of these 
 modes can it be proved, if the evidence be objected to), 
 or by his plea of guilty which has not been followed by a 
 judgment, the proof does not go to the competency of 
 the witness, however it may effect his credibility; and the 
 judgment itself, when offered against his admissibility, 
 can be proved only by the record, or in proper cases, by 
 an authenticated copy, which the objector must offer and 
 produce at the time when the witness is about to be 
 sworn, or at furthest, in the course of the trial. I Green- 
 leaf on Evidence, Fourteenth Edition, 375; 457. See also 
 Sections 26 and 26a. 
 
 Sec. 42x. Proof of Witness' Former Conviction. — A 
 conviction in a state court is no bar to the witness testify- 
 ing in the federal court. Brown vs. U. S., 233 Fed. 353; 
 Rosen vs. U. S., 237 Fed. 810; Pakas vs. U. S., 240 Fed. 
 350; Ammerman vs. U. S., 267 Fed. 136. 
 
 The competency of a witness in the federal court is 
 no longer determined by the common law. Rosen vs. U. 
 S., 245 U. S., 467. 
 
 For the rule of decision in the federal court see McCoy 
 vs. U. S., 247 Fed. 861 ; the judiciary act adopts the law 
 of the state which is in force at the time of the admission 
 of such state to the union and the federal courts were 
 created therein. 
 
 A witness who testifies renders admissible the record 
 of his former conviction. Williams vs. U. S., 254 Fed. 
 52; but the prosecution is bound by the answer of the 
 defendant as to a collateral crime and cannot impeach
 
 General Provisions Applicable to the Practice. 113 
 
 the answer by introducing the judgment. Bullard vs. U. 
 S., 245 Fed. 837. 
 
 § 42y. Evidence of Another Crime. — In a prosecution 
 for one crime evidence of an indictment for another crime 
 is not admissible. Coyne vs. U. S., 246 Fed. 120; Gordon 
 vs. U. S., 254 Fed. 53 see also brief in U. S. vs. Bryant and 
 U. S., vs. Hardy, 257 Fed. and 256 Fed.
 
 CHAPTER III. 
 
 PRACTICE SUGGESTIONS. 
 
 § 42a. Aliens. Deportation of and Decisions on Statutes. 
 
 42aa. Aliens Continued. 
 
 42b. Accomplice. 
 
 42bb. Accomplice Continued. 
 
 42c. Alaska — Territorial Courts. 
 
 42d. Assignment of Errors. Supersedas and Writ of Error. 
 
 42dd. Assignment of Errors Continued. 
 
 42e. Army and Navy; Court Martial, Need Control by Civil Courts. 
 
 42ee. Army and Navy Continued. 
 
 42f. Appeal and Writ of Error: Forma Pauperis. 
 
 42ff. Technical Errors. 
 
 42g. Bill of Particulars. 
 
 42gg. Bill of Particulars Continued. 
 
 42h. Corporations — Indictment of; Individual Aiding and Abetting 
 — Procedure. 
 
 42hh. Corporation — Indictments of Continued 
 
 42i. Error, Not Assigned, Not Ordinarily Noticed. 
 
 42ii. Bill of Exceptions and Error. 
 
 42j. Continuance — Granting is Matter of Discretion; Application 
 which shows Mental Weakness of Defendant Requires a Court 
 to Try That Issue First. 
 
 42jj. Continuance Continued. 
 
 42k. Extradition; Not Defeated by Habeas Corpus; Technicality of 
 Trial not Required; General Rules For; Certified Copy from 
 Secretary of State Sufficient. 
 
 42kk. Extradition Continued. 
 
 421. Judge — Disqualifications of — How to proceed: Does Not Apply 
 to Appellate Judges. 
 
 42m. Nolo Contendere — Practice Regulating; After Plea Accepted 
 Cannot be Withdrawn Except by Leave of Court. 
 
 42n. New Trial; Discretion of Court — Rulings on Not Assigned as 
 Error; If Court Refuses to Exercise Its Discretion Such 
 Failure is Error. 
 
 42nn. New Trial Continued. 
 
 42o. Limitations; Excepts Fugitives; Federal and not State Stat- 
 utes Regulate; Revenue Laws, Prosecution Under — Within 
 What Time; Filing of Affidavit Before Commissioner Will 
 not Stop Running of, nor does Nolle Prosse; May be Raised 
 by Demurrer. 
 
 42oo. Limitations Continued. 
 
 42p. Sherman Law— Trust Statute; Federal Trade Commission; Pur- 
 chase of Competing Plants; Must be Undue Restraint; Stand- 
 ard Oil Cases — Tobacco Cases. 
 
 (114)
 
 Peacticb Suggestions. 115 
 
 42pp. Monopoly— Sherman Act— Clayton Act. 
 
 42q. Verdict, Motion to Direct, Waiver; Coercing of Verdict. 
 
 42qq. Verdict— Motion to Direct— Coercing Continued. 
 
 42r. Writ of Error— Superseadeas; Direct to Supreme Court, When; 
 
 Pauper has right to. 
 42rr. Writ of Error — Supersedeas — Pauper Continued. 
 42s. Hand Writing, Comparison Statute; Cannot be Introduced for 
 
 Mere Purpose of. 
 
 § 42a. Aliens. — An alien acquitted by a jury may be 
 deported by the immigration authorities for the same of- 
 fense. Ex parte Young, 211 Federal, 371. 
 
 The contrary has been held in Chen Kee vs. U. S., 196, 
 Federal, 74. There is no provision in the law for the issu- 
 ance of a United States Commissioner's certificate and 
 therefore it is of no value to the holder. Lum Bing Wey 
 vs. U. S., 201, Federal, 379. 
 
 A Chinaman has a right to bond pending his first 
 hearing. Chin Yah vs. Caldwell, 187 Federal, 592; U. S. 
 vs. Yet Yee, 192, Federal, 577. 
 
 The burden is on the Chinaman to show that he is 
 native-born. Yee Ging vs. U. S. 190, Federal, 270: U. S. 
 vs. Ching Fong, 192, Federal, 485. 
 
 A Chinese merchant is not subject to deportation if his 
 interest is bona fide, however small, 210, Federal, 617. 
 
 A Chinaman who was a merchant when the registration 
 law required him to register and who did so and who 
 thereafterward became a laborer, is not subject to 
 deportation. IT. S. vs. Wing, 211, Federal, 935. 
 
 Sons of a Chinaman who is entitled to remain in this 
 country, who become laborers upon reaching their ma- 
 jority, are not subject to deportation. U. S. vs. Yuen, 211, 
 Federal, 1001. 
 
 To the same effect is the case of Lew Lin Shew, 217, 
 Federal, 317, and in this latter case the Court determines 
 what an affidavit shall charge in order to be sufficient 
 under these statutes for the deportation of aliens. 
 
 " Moral turpitude" as embraced in the 34th Stats. L. 
 899, U. S. Compiled Statutes, 199 Supplement, p. 500, 
 which is the immigration act in full, is defined in ex parte 
 Young, 211, Federal, 371.
 
 116 Federal, Criminal Law Procedure. 
 
 The meaning of five years' residence is determined in 
 United States vs. Cantinie, 212, Federal, 925. The de- 
 portation of aliens under the immigration act is in no 
 sense a trial. Siniscolchia vs. Thomas, 195, Federal, 701. 
 
 The entire method to be followed for the deportation of 
 both men and women for prostitution under the Act will 
 be found outlined in ex parte Pouliot, 196, Federal, 437. 
 The right of the United States to recover the penalty for 
 contracting with aliens and the method to be pursued for 
 its collection, is discussed in United States vs. Dwight 
 Mfg. Co., 210 Federal, 74. Government may proceed 
 under Act February 24, 1907, compiled Stat., 1913, 4244, 
 either civilly or criminally to collect penalty for import- 
 ing contract labor. 
 
 The meaning of the words "free white person" within 
 the Act is determined in in re Najour, 174 Federal, 735. 
 
 As to when habeas corpus may be resorted to by an 
 alien who has been deported by the immigration authori- 
 ties, is determined in ex parte Gregory, 210 Federal, 680. 
 
 The United States Courts will not overrule a State 
 Court that has granted a naturalization certificate unless 
 there be substantial difference between the state ruling 
 and the Federal ruling, and the Federal ruling being the 
 paramount ruling must prevail and in such a condition 
 the United States Court would cancel a certificate issued 
 by a State Court. U. S. vs. Lanare, 207 Federal, 865. 
 
 The new immigration act provides in substance that 
 applications for final papers must be made within seven 
 years after the declaration of intention is filed. This 
 means that those who had filed their declaration of in- 
 tention prior to the passage of the 1906 act must seek 
 their final papers within seven years after that act became 
 a law, though there are some decisions to the contrary, 
 218 Federal, 168; 210 Federal; 211 Federal. 
 
 The granting of bail to a Chinese person after the 
 deportation order has been entered, is a matter of 
 discretion with the Court. 132 Federal, 109; 188 Federal, 
 350. 
 
 Chinese exclusive Act, Sept. 13, 1888, Comp. St. 1913, 
 4310, requires master of vessel to "knowingly" commit
 
 Practice Suggestions. 117 
 
 the acts denounced and such intent is not met by proof 
 that a Chinese member, bona fide, of crew, escaped and 
 stayed in the United States. U. S. vs. Innes, 218 Federal, 
 705. 
 
 42a. a. Aliens Continued. 
 
 An alien will be deported when he is likely to become 
 a public charge under the Act of Feb. 5, 1917, Ex parte 
 Mitchell, 256 Fed. 229, the full procedure for which will 
 be found in Colver vs. Immigrant, 265 Fed. 17; U. S. vs. 
 Uhl, 266 Fed. 35. 
 
 Expatriation — The Act Governing — Mar. 2, 1907, Sec. 
 2, See U. S. vs. Anderson, 231 Fed. 546. 
 
 Chinemen must be tried and tried fairly, Kwock vs. 
 White, 40 Sup. Ct. Eep. 566. 
 
 A certificate granted by the United States Commission- 
 er to a Chinese person will protect him, U. S. vs. Lew, 224 
 Fed. 649; but is not evidence for a minor son, Ex parte 
 Chin, 224 Fed. 138. 
 
 A student who is temporarily forced to work is not 
 subject to deportation, U. S. vs. Gin; 253 Fed. 210; and a 
 Chineman merchant has the right of re-entry, Chin Fong, 
 258 Fed. 849. 
 
 A member of the Communist Party will be deported 
 under the Act of U. S. vs. Wallis, 268 Fed. 413. 
 
 Under the Act of Feb. 5, 1917, which punishes the 
 vessel which brings in prohibited aliens and which denies 
 the right to import laborers and prostitutes and criminals, 
 many interesting questions have arisen as indicated in 
 the following cases; to bring in aliens, Diug vs. U. S. 246 
 Fed. 80; who is a " white person" Dow vs. U. S. 226 Fed. 
 145; also Easurk 273 Fed. 207; the sort of evidence that 
 shall be offered as to the five years residence, U. S. vs. 
 Dean, 230 Fed. 957; one shall be deported to the country 
 from whence he came and the judicial notice of citizen- 
 ship, U. S. vs. Sisson, 230 Fed. 974; the act excludes 
 contract laborers but excepts the provisions and a Japan- 
 ese teacher is within such exceptions, Tat vs. IT. S. 260 
 Fed. 104; a nephew may remain with his uncle, U. S. vs. 
 Jew, 232 Fed. 279; an alien employed as a cook in a house 
 of prostitution is squarely within the statute and must
 
 118 Federal. Criminal. Law Procedure. 
 
 be deported, Ex parte Loo 210 Fed. 995, Ex parte Young, 
 211 Fed. 370; one who gave a bad check in Canada is not 
 subject to deportation therefor, Howe vs. U. S. 247 Fed. 
 292; a marriage of a foreign prostitute to an American 
 will not save her from deporation, Ex parte Flores, 272 
 Fed. 783; it is a misdemeanor to solicit immigrants with 
 a promise of employment under the Act of Feb. 20, 1907, 
 and the offense is complete though the alien is denied 
 entry, U. S. vs. Morrisey, 245 Fed. 923. 
 
 § 42b. Accomplice. — So manifest is the danger of con- 
 victing a man on evidence from a source confessedly cor- 
 rupt, and delivered by the witness to shield himself from 
 merited punishment, that the judges, while explaining to 
 the jury their right to convict on it alone, by way of 
 caution, advise them not to return a verdict of guilty 
 unless it is corroborated by evidence from a purer source, 
 yet they are not as of law required to give this advice. 
 Bishop's New Criminal Procedure, 2nd Vol., Section 
 1169. 
 
 There is nothing which forbids the conviction of a de- 
 fendant at Common Law or in a Federal Court on the un- 
 corroborated testimony of an accomplice. Richardson vs. 
 U. S., 181 Federal, 1; Lung vs. U. S., 218 Federal, 817. 
 Diggs vs. U. S., 220 Federal, 545. It is true there is a well 
 established practice sanctioned by long judicial approba- 
 tion, to caution jurors about accepting the evidence of an 
 accomplice without material corroboration, and many of 
 the states forbid a conviction on the testimony of an un- 
 corroborated accomplice. Coleman vs. State, 44 Tex. 109. 
 Bishop's New Criminal Procedure, 2nd Vol. Section 1169. 
 
 § 42bb. Accomplice Continued. 
 
 The rule as stated above in the Federal Court is the 
 common law rule and is not altered by the state law, Ban- 
 dy vs. U. S. 245 Fed. 100; Freed vs. U. S. 266 Fed. 1012; 
 Graboyes vs. U. S. 250 Fed. 793. 
 
 And while the government may rest on the unsup- 
 ported and uncorroborated testimony of an accomplice, 
 Rosen, vs. U. S. 271, Fed. 651, Wagman vs. U. S. 269 
 Fed. 568, U. S. vs. Fischer, 245 Fed. 477, Hollis vs. IT. S. 
 246 Fed. 832, Ray vs. U. S. 265 Fed. 257, Gretsch vs. U.
 
 Practice Suggestions. 119 
 
 S. 242 Fed. 897, Erber vs. U. S. 234 Fed. 221, Heitler 
 vs. U. S. 244 Fed. 140, Wallace vs. U. S. 243 Fed. 300, 
 the safest, sanest and most civilized practice, even in 
 the Federal Court is to have corrobration, U. S. vs. Mur- 
 phy, 253 Fed. 404, McGinniss vs. U. S. 256 Fed. 621. 
 
 It is not reversable error to fail to instruct on an ac- 
 complice's testimony, Nee vs. U. S. 267 Fed. 85. 
 
 § 42c. Alaska. — Territorial Courts are controlled by 
 the general United States Statutes, 202 Federal, 457. 
 
 § 42d. Assignment of Errors. — The rules of the differ- 
 ent circuits require that assignments of error shall be 
 filed by the plaintiff in error or appellant with the Clerk 
 of the lower Court with his petition for the writ of error 
 or appeal and assignment of errors, which shall set out 
 separately and particularly each error asserted and in- 
 tended to be urged, and that no writ of error or appeal 
 shall be allowed until such assignment of errors shall 
 have been filed. 193 Federal VII. The failure, how- 
 ever, to file an assignment of errors before the allowance 
 of an appeal, does not deprive the Appellate Court of 
 jurisdiction and the appeal will not be dismissed because 
 the assignment of errors was not filed until later, where 
 there was a valid reason therefor. Bernard vs. Lea, 210 
 Federal, 583. 
 
 An error not assigned may sometimes be noticed, es- 
 pecially if it be a fundamental error. Savage vs. U. S., 
 213 Federal, 31. 
 
 The writ of error must be sued out and lodged in the 
 Court below within sixty days from the date of judg- 
 ment. 211 Federal, 970." 
 
 A supersedeas is not obligatory upon the Court.. 188 
 Federal, 396. U. S. vs. Gibson. 
 
 Writ of error may go direct to the Supreme Court of 
 the United States from the trial court under certain con- 
 ditions detailed in United States vs. Nixon et al., Supreme 
 Court of the United States, Oct. Term, 1914. 
 
 § 42dd. Assignment of Errors Continued. 
 An assignment of error must be based on an excep- 
 tion, Finlev vs. U. S. 256 Fed. 845.
 
 120 Federal Criminal Law Procedure. 
 
 An allowance of the writ of error does not divest the 
 trial court of jurisdiction to do certain things, U. S. vs. 
 Pollak, 230 Fed. 532. 
 
 The court cannot legally grant leave to amend the as- 
 signment of errors, Kreuzer vs. U. S., 254 Fed. 34. 
 
 While a criminal case must be taken up by a writ of 
 error the court determined in Buessell vs. U. S. 258 Fed. 
 811, that it would consider a criminal case which came 
 to it by appeal. 
 
 Assignments of error must be copied in the brief, 
 Lohman vs. Company, 243 Fed. 517, and assignments 
 which are not so copied in accordance with the rules will 
 not be considered, Harris vs. IT. S. 249 Fed. 41. 
 
 § 42e. Army and Navy. — Courts martial will not be 
 interfered with by Civil Courts. Tucker, 212 Federal, 
 569. Civil Courts are not Courts of Error to review the 
 judgments of courts martial where they are legally organ- 
 ized and have jurisdiction of the offense and of the per- 
 son and have complied with statutory requirements 
 governing their procedure. Mullan vs. U. S., 212, U. S., 
 516. 
 
 § 42ee. Army and Navy Continued. 
 
 In time of war the jurisdiction of courts martial ex- 
 tends to all offenses that are specified in the articles of 
 war and the jurisdiction is supported. Ex parte King. 
 246 Fed. 848; the court, in U. S. vs. Waller, 225 Fed! 
 673, refuses the jurisdiction of courts martial. 
 
 For decisions relating to conscription, draft boards, 
 and soliciting to necessary draft see U. S. vs. Stephens, 
 245 Fed. 956; Ex parte Beck 245 Fed. 967 and U. S. vs. 
 Galleanni, 245 Fed. 977. 
 
 § 42/. Appeal and Writ of Error. — The new judicial 
 code of March 3, 1911, provides at Section 128, page 143, 
 Hopkins Judicial Code, that the Circuit Court of Appeals 
 shall exercise appellate jurisdiction to review by appeal 
 
 or writ of error the final decisions in the District Courts. 
 
 # # # 
 
 Section 238 provides for the taking by appeal or writ of 
 error direct to the United States Supreme Court from the 
 District Court, in any case in which the jurisdiction of the
 
 Pkactice Suggestions. 121 
 
 Court is in issue, in which case the question of jurisdiction 
 alone shall be certified to the Supreme Court from the 
 Court below for decision; from the final sentence and de- 
 crees in prize cases; in any case that involves the construc- 
 tion or application of the Constitution of the United 
 States; in any case in which the Constitutionality of any 
 law of the United States, or the validity or construction 
 of any treaty made under its authority, is drawn in 
 question; and in any case in which the Constitution or 
 law of a State is claimed to be in contravention of the 
 Constitution of the United States. 
 
 Section 240 of the same act provides that in any case, 
 civil or criminal, in which the judgment or decree of the 
 Circuit Court of Appeals is made final by the provisions 
 of that Act, it shall be competent for the Supreme Court 
 to require, by certiorari or otherwise, upon the petition 
 of any party thereto, any such case to be certified to the 
 Supreme Court for its review and determination, with 
 the same power and authority in the case as if it had 
 been carried by appeal or writ of error to the Supreme 
 Court. 
 
 All criminal cases are cases at law and therefore are 
 reviewable only by writ of error and not by appeal. All 
 equity cases are reviewable only by appeal. The disbar- 
 ment of an attorney is an action in law and the proceed- 
 ings of the lower Court are reviewed upon writ of error 
 instead of upon appeal, Thatcher vs. U. S., 212 Federal, 
 805. 
 
 A writ of error may be prosecuted in forma pauperis 
 as provided by the Act of June 25, 1910. Latham vs. 
 U. S., 210 Federal, 159. 
 
 This Act provides for appellate rights by a pauper 
 either by writ of error or appeal if the person shall certi- 
 fy under oath his poverty and inability to pay the costs 
 or to give security therefor, and provided the trial court 
 shall not certify, in writing, that in its opinion, such ap- 
 peal or writ of error is not taken in good faith. Act of 
 June 25, 1910, p. 401, Thornton on Federal Acts.
 
 122 Federal Criminal Law Procedure. 
 
 § 42ff. Technical Errors. 
 
 In answer to a popular demand the congress passed, in 
 Feb. 1919, an amendment to Sec. 269 of Judicial Code, 
 what has been termed the Harmless Error Act. When 
 the appellate court is convinced of the guilt of the defend- 
 ant and feel that technical errors would not effect his 
 substantial rights it will affimi the case. In any other 
 country than America a statute of this sort would be 
 very dangerous and I am not prepared to say that it is 
 not dangerous here. If we are to have an adjudicated 
 system of rules and procedure for the trial of men 
 charged with crime and if such men have the right of 
 precedent as well as statutory and constitutional safe- 
 guards I am unable to draw a dividing line between such 
 of these as are imperative and needful and such of these 
 as are useless and formal. If a right is denied it is im- 
 material whether it is a large right or a small right. It 
 is like taking one's property — the value of it is im- 
 material — the wrong is what concerns civilization. 
 
 The courts have talked about this amendment spar- 
 ingly but seem to have admitted its presence. Sneier- 
 son vs. U. S. 264 Fed. 275; Dye vs. U. S. 262 Fed. 6. 
 
 § 42#. Bill of Particulars. — When an indictment sets 
 forth the facts constituting the essential elements of the 
 offense with such certainty that it cannot be pronounced 
 ill upon motion to quash or demurrer, and yet is ac- 
 knowledged in such language that the accused is liable 
 to be surprised by the production of evidence for which 
 ne is unprepared, he should, in advance of tne trial, ap- 
 ply for a bill of the particular. Rinker vs. U. S., 151 
 Federal, 759; Loring vs. U. S., 91 Federal, 881. A bill 
 of particulars cannot make an indictment valid which 
 fails to state an essential element of the offense, ■ when 
 objection is made at the proper time and in the proper 
 manner. May vs. U. S., 199 Federal, 61. Morris vs. U. 
 S., 161 Federal, 672. Connors vs. U. S., 158, U. S. 408. 
 
 § 42gg. Bill of Particulars Continued. 
 
 An application for a bill of particulars may be denied 
 on the second trial, Ciafridini vs. U. S. 266 Fed. 471; 
 the granting of a bill of particulars is a matter of dis-
 
 Practice Suggestions. 123 
 
 cretion, Moens vs. U. S. 267 Fed. 317; Horowitz vs. U. S. 
 262 Fed. 48; IT. S. vs. Rosenwasser, 255 Fed. 233; U. S. 
 vs. Pierce, 245 Fed. 888; U. S. vs. Gouled, 253 Fed. 239; 
 a denial of a bill is not reviewable Savage vs. U. S. 270 
 Fed. 15. 
 
 A bill of particulars cannot correct a defective indict- 
 ment, Collins vs. U. S. 253 Fed. 609. 
 
 The court may order a bill of particulars when an in- 
 dictment is good on demurrer but does not furnish the 
 defendant with all the information that he is entitled to 
 have before being compelled to go to trial, Foster vs. 
 U. S. 253 Fed. 481. Wilson v. U. S. 275 F. 307. 
 
 § 42h. Corporations — Indictment of. — Regardless of 
 the original position of the Courts of this and the mother 
 country, and regardless of the differences that exist in the 
 early decisions of the Courts of this country, it is now well 
 settled that corporations may be indicted, as well for mis- 
 feasance as for non-feasance. 10 Cyc. 1226. The original 
 theory was that a corporation was not indictable for acts 
 of misfeasance because it had no power, under its charter, 
 to commit such acts, but that when those who professed to 
 act in this behalf committed acts of misfeasance they were 
 acting ultra vires and their acts were personal acts and 
 not the acts of the corporation. This rule was strictly 
 analogous to the ancient doctrine that evil intent or mo- 
 tive cannot be imputed to a corporation and that a cor- 
 poration cannot be made liable to a civil action for a 
 trespass or other malicious injury unless committed by 
 deed. 10 Cyc. 1226. 
 
 These theories and ideas have been completely over- 
 turned and this is thoroughly settled, both in England 
 and in the United States, that a corporation may be 
 prosecuted, both for misfeasance and non-feasance. El- 
 lis vs. U. S., 206 U. S.; U. S. vs. Kelso, 86 Federal, 304; 
 U. S. vs. Corporation I, 125 Federal, 94. 
 
 In Kaufman vs. U. S., 212 Federal, 613, the conviction 
 of an individual for aiding and abetting a corporation 
 in the commission of a criminal offense was affirmed. 
 In the Kaufman case Circuit Judge Rogers says: "It 
 is undoubtedly the case that decisions and dicta can be
 
 124 Federal Criminal. Law Procedure. 
 
 found denying that a corporation can be indicted. Lord 
 Holt is reported as having said that 'A corporation is 
 not indictable, but the particular members of it are.' 
 But it is a well-established principle of modern juris- 
 prudence that an indictment will lie against a corpora- 
 tion, although there are some crimes, as treason or felony 
 or breach of the peace, in respect of which it is agreed 
 that an indictment could not be maintained against it, 
 and it has been held that where a statute prescribes fine 
 and imprisonment, it is not applicable to a corporation, 
 because a corporation cannot be imprisoned. U. S. vs. 
 Braun, 158 Federal, 456. But in Cohen vs. U. S., 157 
 Federal, 651, this Court decided that a bankrupt corpo- 
 ration was capable of committing offense of knowingly 
 or fraudulently concealing its property from its trustee, 
 definable and made punishable by the bankruptcy act, 
 and that persons who conspire to cause a corporation 
 to commit such an act are indictable for the conspiracy 
 and that it is immaterial that a corporation is not or 
 cannot be indicted as one of the conspirators. 
 
 The indictment should be against the corporation in 
 its corporate name. 10 Cyc. 1231; 3rd Chitty Criminal 
 Law, 587. 
 
 In the Ellis case, cited supra, there were a number of 
 corporations indicted for violation of the Federal eight- 
 hour Act, and so far as the record discloses in the Su- 
 preme Court of the United States, there was no question 
 raised whatsoever as to the propriety of the proceedings. 
 
 Upon the filing of an information or an indictment 
 against a corporation, the moving officer should cause a 
 summons to be prepared for service upon the corporation 
 which should direct the defendant to appear before the 
 Court on a given date to answer the charge contained in 
 the accusing document, and such summons should con- 
 tain a general statement of the nature of the charge, and 
 advise the defendant that it might secure a more com- 
 plete statement of such offense by referring to the infor- 
 mation or indictment on file with the clerk. U. S. vs. 
 Kelso, 86 Federal, 304; U. S. vs. Nixon, Supreme Court of 
 the United States, Oct. Term, 1914.
 
 Pbactice Suggestions. 125 
 
 In the case of Hanley vs. IT. S., 186 Federal, 711, the 
 defendant, who was general manager for a corporation, 
 was convicted for aiding and abetting other employees 
 of the corporation, but, the case does not seem to raise 
 the question being here considered as to the liability of 
 the corporation. 
 
 In the preparation of summons or citation for a cor- 
 poration to answer a criminal charge, I would suggest 
 the following of the statute of the particular state in 
 which the prosecution is pending that covers the service 
 of Court summons for a corporation. U. S. vs. Kelso. 
 
 Bishop, in Bishop's first volume, New Criminal Law, 
 page 255, Section 417, treats of the capacity of a corpo- 
 ration for crime and maintains that a corporation can- 
 not, in its corporate capacity, commit a crime by an act 
 in the fullest sense ultra vires, but within the sphere of 
 its corporate capacity, and to an undefined extent, when- 
 ever it assumes to act as a corporation it has the same 
 capabilities of criminal intent and of act, in other words, 
 of crime, as an individual man sustaining to the thing 
 the like relation. 
 
 Of course it will be borne in mind, which question can 
 seldom arise in a criminal prosecution, however, that a 
 corporation is a citizen only of the state in which it is 
 incorporated. Baldwin vs. Pacific, 199 Federal, 291; 
 Lemon vs. Imperial, etc., 199 Federal, 927; Woerheider 
 vs. Jones, etc., 199 Federal, 535. Eevett vs. Clise, 207 
 Federal, 673. 
 
 § 42hh. Corporations — Indictments of Continued. 
 
 Though a corporation cannot commit certain crimes, 
 and may not be arrested or imprisoned, a proceeding 
 against it for the violation of a criminal statute is a 
 "criminal proceeding," with all the incidents of such 
 a proceeding, and an information therein is defective, 
 if made upon the oath of parties named in annexed affi- 
 davits taken before notaries public, U. S. vs. Schallinger, 
 230 Fed. 290. 
 
 § 42i. Error — Not Assigned. — In criminal cases Courts 
 are not inclined to be as exacting with reference to the 
 specific character of the objection made, as in civil cases.
 
 126 Federal Criminal Law Procedure, 
 
 They will, in the exercise of a sound discretion, some- 
 times notice error in the trial of a criminal case, although 
 the question was not properly raised at the trial by ob- 
 jection and exception. Crawford vs. U. S., 212 U. S., 
 183; "Wiborg vs. U. S. 163; U. S. 632; Weems vs. U. S.; 
 217 U. S. 349; Savage vs. U. S.; 213 Federal 31. 
 
 Of course this is a most unsafe practice and a most 
 unsafe way in which to try a criminal case. The courts 
 are not called upon to consider objections to the instruc- 
 tions of the Court or objections to the introduction of 
 testimony unless exceptions were properly reserved and 
 are properly presented for consideration of the Appel- 
 late Court. Savage vs. U. S., 213 Federal, 32; Hickory 
 vs. U. S., 151 U. S., 303; Stewart vs. Wyoming Cattle Co., 
 128 U. S., 383; Lewis vs. U. S., 146, U. S. 370. 
 
 § 42ii. Bill of Exceptions and Error. 
 
 See Sec. 27a. 27b. and 42i. 
 
 A bill of exceptions cannot be settled after the term 
 without an express order of court made during the term 
 or by understanding with opposing counsel, save under 
 very extraordinary circumstances, Susquehanna vs. Cas- 
 ualty, 247 Fed. 137; Blisse vs. U. S. 263 Fed. 961. 
 
 That counsel of both government and defendant call the 
 transcript of the stenographer's notes a bill of exceptions 
 is not sufficient to make it such. Fraina vs. U. S. 255 
 Fed. 28. 
 
 The court will look at a radical error and reverse 
 though such error was not properly saved, McNutt vs. 
 U. S. 267 Fed. 670; August vs. U. S.*257 Fed. 388; which 
 cases show the Act of Feb. 26, 1919, which amended Sec. 
 269 of the Judicial Code and requires courts of appeals 
 to look at all the record and render judgment without 
 regard to technical errors; but this requirement must 
 not be construed as relieving the complaining party of 
 showing prejudicial error, Eich vs. U. S. 271 Fed. 566; 
 Rosen vs. U. S. 271 Fed. 651. 
 
 § 42j. Continuance. — It is well settled that the ac- 
 tion of the trial Court upon an application for a contin- 
 uance is a matter of discretion not subject to review, un- 
 less such discretion has been abused. Hardy vs. U. S..
 
 Practice Suggestions. 127 
 
 186; U. S. 224; Latham vs. U. S., 210 Federal, 159; Isaacs 
 vs. U. S., 159, U. S. 487; Goldsbuy vs. U. S., 160 U. S. 70; 
 Metropolitan Street Railway vs. Davis, 112 Federal, 634; 
 Pacey vs. McKinney, 125 Federal, 679; Dexter vs. Kellas, 
 113 Federal 48. 
 
 In Youtsey vs. U. S., 97 Federal, 940, it was held that an 
 application for continuance which contains also a show- 
 ing, supported by affidavits of the mental weakness of 
 the defendant occasioned by epilepsy, requires the Court 
 to try the issue by appropriate proceedings. 
 
 § 42jj. Continuance Continued. 
 
 The action of the court in overruling a motion for 
 continuance is reviewable only for an abuse of discre- 
 tion, continues to be the rule of the later decisions, Spear 
 vs. U. S. 246 Fed. 250; Penn vs. Fanger, 231 Fed. 851; 
 Moens vs. U. S. 267 Fed. 317. 
 
 § 42A-. Extradition. — Under the Constitution of the 
 United States one who commits an offense in one State 
 and flees to another, is liable to be extradited and the 
 State in which the refugee is sought must respond when 
 application is made to its chief executive. In the Fed- 
 eral procedure, however, extradition is accomplished by 
 a much simpler process and there is no appeal to the 
 Executive of the State. Defendants are removed from 
 one state to another or from one district to another, 
 rather, as the case may be. The statute authorizing this 
 procedure is old Section 1014, the latter part of which 
 reads as follows, "And where any offender or witness is 
 committed in any district other than that where the of- 
 fence is to be tried, it shall be the duty of the judge of 
 the district where such offender or witness is imprisoned, 
 seasonably to issue, and of the marshal to execute, a war- 
 rant for his removal to the district where the trial is to 
 be had." 
 
 The procedure is simply that the prosecuting officer 
 for the district where the defendant is apprehended, pre- 
 sents a written statement of such apprehension, includ- 
 ing a synopsis of the defendant's preliminary hearing be- 
 fore a United States Commissioner, to the Court and 
 moves that the Court grant the warrant directing the
 
 128 Federal Criminal, Law Procedure. 
 
 marshal to make the removal. See also Section 14, ante. 
 
 Questions of extradition, however, may reach the Fed- 
 eral Courts, as in the case of ex parte Thaw, 214 Federal, 
 423, where the Court held that as the source of the extra- 
 dition power of the states is Federal, and as it relates to 
 crime only and contemplates the exercise of exceptional 
 and arbitrary control in restraint of personal liberty, the 
 Federal constitution and Acts of congress have reserved 
 to the Federal Government, and imposed upon its Courts, 
 the very important duty of seeing that the power is ex- 
 ercised upon due and appropriate process, and that it 
 shall not be extended to pleas, and exercised in all cases, 
 not clearly intended by the constitution. See also 209 
 Federal, 954. 
 
 In the case of Drew vs. Thaw, U. S., Supreme Court, 
 Oct. Term, 1914, it was held that extradition may not be 
 defeated by a resort to an habeas corpus writ. 
 
 Section 1014, by the Act of February 21, 1871, 16 Stats. 
 L. 426, is made applicable to the District of Columbia. IT. 
 S. vs. Hyde, 132 Federal, 545. 
 
 And so when a fugitive has been discharged wrong- 
 fully, he may be re-arrested. Ex parte Scherer, 195 Fed- 
 eral, 334. Federal Courts may take jurisdiction by the 
 habeas corpus route to prevent an illegal extradition 
 by a state sheriff under certain circumstances. Sheriff 
 vs. Daily, U. S. Supreme Court, decided May 15, 1911. 
 
 On habeas corpus to prevent extradition the regularity 
 of the proceedings only will be inquired into. Ex parte 
 Graham, 216 Federal, 813. 
 
 In extradition matters the technicality of a trial is not 
 required. Gluckman vs. Henkle, U. S. Supreme Court, 
 May 29, 1911. See also ex parte Charlton, 185 Federal, 
 880. A general extradition order is not liable to attack 
 by habeas corpus. McNamara vs. Henkle, U. S. Supreme 
 Court, Oct. Term, 1912, decided January 3, 1913. Gov- 
 ernor's warrant is sufficient until presumption of its 
 legality is overthrown, Eeed vs. U. S. 224 Fed. 378. 
 
 General rules governing such procedure in the Fed- 
 eral Courts will be found in re Zentner, 188 Federal, 344. 
 An exhibition on extradition of a certified copy from the
 
 Practice Suggestions. 129 
 
 Secretary of State is sufficient. Ex parte Urzua, 188 
 Federal, 541. See Section 322 post. 
 
 § 42kk. Extradition Continued. 
 
 See Sees. 4 and 4a, for constitutional provisions. It is 
 only on a charge of crime that extradition may be re 
 sorted to under paragraph 2, of Art. 4, of the constitution 
 and proceedings before a Governor will be accorded a 
 large measure of conclusiveness, Reed vs. U. S. 224 Fed. 
 378. 
 
 A jury trial will not be granted when the facts are not 
 disputed for the purpose of determining the defendant's 
 presence and connection with the crime, Ex parte Crow- 
 ley, 268 Fed. 1016; and the indictment will not be ques- 
 tioned, Hogan vs. O'Neil 41 Sup. Ct. Eep. 222. 
 
 For a treatise on "indictment" and "fugitive" see 
 Ex parte Montgomery, 244 Fed. 967; Ex parte Birdseye, 
 244 Fed. 972. 
 
 For views with reference to extradition to a foreign 
 country and the presumption that the foreign country 
 will try only for the extradicted offenses see Grin vs. 
 Shine, U. S. Sup. Ct. 177 U. S. -47 L. E. 130; Bingham 
 vs. Bradley, 241 U. S. 511. 
 
 For cases bearing upon the sufficiency of the charge 
 and indictment and procedure see Reichman vs. Harris, 
 252 Fed. 371; Innes vs. Tobin, 240 U. S. 127; Sec. 5278 
 Compiled Revised Statutes of the United States 1913. 
 
 § 42/. Judge — Disqualification of. — Section 601 of the 
 Revised Statutes of the United States, United States 
 Compiled Statutes 1901, p. 484, provides that if the Judge 
 of any District Court is in any way concerned in interest 
 in any suit pending therein, or has been of counsel for 
 either party, it shall be his duty, on application of either 
 party, to certify the case to another Court. Section 21 
 of the Judiciary Act approved March 3, 1911, p. 27, Hop- 
 kins Judicial Code, provides that, whenever a party to 
 any action or proceeding, civil or criminal, shall make 
 and file an affidavit that the Judge before whom the ac- 
 tion or proceeding is to be tried or heard has a personal 
 bias or prejudice either against him or in favor of . any 
 opposite party to the suit, such Judge shall proceed no 
 
 9
 
 130 Federal Criminal Law Procedure. 
 
 further therein, but another Judge shall be designated 
 in the manner prescribed in the Section last preceding, 
 or chosen in the manner prescribed in Section 23 to hear 
 such matter. Every such affidavit shall state the facts 
 and the reasons for the belief that such bias or prejudice 
 exists and shall be filed not less than ten days before 
 the beginning of the term of Court, or good cause shall 
 be shown for the failure to file it within such time. No 
 party shall be entitled in any case to file more than one 
 such affidavit; and no such affidavit shall be filed unless 
 accompanied by a certificate of counsel of record that 
 such affidavit and application are made in good faith. 
 The same proceedings shall be had when the presiding 
 judge shall file with the clerk of the Court a certificate 
 that he deems himself unable, for any reason, to preside 
 with absolute impartiality in the pending suit or action. 
 
 The Supreme Court of the United States, in Glasgow 
 vs. Moyer, 225 U. S., 425, refuses in an habeas corpus 
 proceeding to pass upon the question as to whether or 
 not an affidavit filed under this Section 21, could be filed 
 after the case had been tried. 
 
 The Court of Appeals for the First Circuit, in Kinney 
 vs. Plymouth Rock et al., 213 Federal, 449, decided that 
 Section 21 quoted above did not apply to appellate tribu- 
 nals. The affidavit, in order to be effective under this Sec- 
 tion, must state the facts and an allegation of information 
 and belief is insufficient and ineffective. Neither will a 
 certificate from counsel who has never been admitted be- 
 fore the Court, be effective. Ex parte Fairbank Co., 194 
 Federal, 978. District Judge Jones, in ex parte Fairbank, 
 supra, held that if the Section is to be construed literally 
 to mean that the mere filing of an affidavit in accordance 
 therewith is sufficient to disqualify the Judge without 
 hearing or determination of whether the facts stated 
 are true or show disqualification, then and in that event, 
 in his opinion, the Section would be unconstitutional as 
 depriving the Courts of judicial power and vesting the 
 same in the litigants to that extent. 
 
 It is entirely possible that Congress intended that if, 
 in the mind of the litigant, the facts existed which would
 
 Practice Suggestions. 131 
 
 disqualify the Court, that it were better that some other 
 Judge should sit than leave the impression in the honest 
 litigants' mind that his cause had been determined by 
 a prejudiced or biased tribunal, and while the Constitu- 
 tion of the United States places judicial power exclu- 
 sively in the Courts, yet the hearing of a law suit before 
 one court or another court is a matter of venue and is, 
 in more than a restricted sense, the right and liberty of 
 the litigant to choose. 
 
 In construing the meaning of Section 601, cited above, 
 in an opinion rendered January 2, 1912, which was be- 
 fore Section 21 of the new Code went into effect, in Ep- 
 stein vs. United States, 196 Federal, 354, the Circuit 
 Court of Appeals for the Seventh Circuit held that where 
 the defendant was brought to trial before a Judge who 
 had previously remarked, in the presence of the accused : 
 4 'This is a nasty piece of business. This estate has been 
 looted by someone." And then turned to the officer of 
 the Court and directed that he use what was left of the 
 estate, even to the last penny, to investigate the matter, 
 and if anyone, whoever he might be, had committed any 
 act that could be reached and punished under the law, 
 to institute proceedings against him, had merely per- 
 formed his duty to direct an official investigation of what 
 appeared to be a criminal offense, and did not there- 
 fore become disqualified to try the accused therefore, 
 as being either "concerned in interest" or "of counsel" 
 for the prosecution. 
 
 § 42 w. Nolo Contendere. — This plea is the defend-N 
 ant's declaration in Court that he will not contend with 
 prosecuting power. It is pleadable only by leave of the 
 Court, and in light misdemeanors. The difference be- 
 tween it and guilty appears simply to be that while the 
 latter is a confession binding the defendant in other 
 proceedings, the former has no effect beyond the partic- 
 ular case. Bishop's New Criminal Procedure, 2nd Vol., 
 p. 624. It is allowable only under leave and acceptance 
 by the Court and when accepted the Court becomes an 
 implied confession of guilt and, for the purposes of the 
 case only, equivalent to a plea of guilty, but distinguish-
 
 132 Federal, Criminal Law Procedure. 
 
 able from such plea in that it cannot be used against the 
 defendant as an admission in any civil suit for the same 
 act. Tucker vs. United States, 196 Federal, 260. 
 
 Since the Common Law rule governs in the Federal 
 Courts such a Court, in order to entertain a plea of nolo 
 contendere must find the case within the class of misde- 
 meanors, for which punishment may_ be imposed by_fine_ 
 alone, although the offense may still be punishable by 
 imprisonment at the discretion of the Court, either as an 
 alternative of fine, or in addition thereto, or to enforce 
 payment of the fine. Such a plea cannot be accepted for 
 cases of felony requiring infamous punishment, nor in 
 cases of misdemeanors for which the punishment must 
 be imprisonment. When an indictment contains counts 
 charging offenses for which the statute requires the im- 
 position of punishment by both fine and imprisonment 
 and other counts for offenses which may be punishment 
 by fine alone, the Court has authority to allow a tendered 
 plea of nolo contendere, but in such case the further pro- 
 ceedings and punishment must be confined to the latter 
 class of counts, to which alone the plea is applicable. Tuc- 
 ker vs. U. S., 196 Federal, 260. When plea of nolo con- 
 tendere is tendered to an indictment containing counts, 
 some of which charged offenses which required punish- 
 ment by both fine and imprisonment, and also other 
 counts upon which a fine alone might be imposed, a Court 
 cannot hear evidence, and make a finding of guilty as 
 charged, and sentence the defendant to both fine and im- 
 prisonment, because such action is inconsistent with the 
 acceptance of such a plea and would be a judgment of 
 conviction within a jury trial and therefore unlawful and 
 unconstitutional and void. Tucker vs. U. S., 196 Federal, 
 260. 
 
 After a plea of nolo contendere it is not necessarv that 
 the Court should adjudge that the party was guilty be- 
 cause that follows by necessary legal inference from the 
 implied confession. State vs. Herlihy, 66 Atl., 643; 102 
 Me., 310. 
 
 Such a plea when accepted by the Court, cannot be 
 withdrawn and a plea of not guilty entered, accept by
 
 Practice Suggestions. 133 
 
 leave of the Court. State vs. Siddall, 68 Atl., 634; 103 
 Me., 144. It seems improbable that a Court, after having 
 accepted such a plea, could thereafter compel the defend- 
 ant to withdraw it, nor could the Court fail to act upon 
 such a plea after the same were tendered to and accepted 
 by him. 
 
 § 42rc. New Trial.— Section 726 of the Eevised Stat- 
 utes gives the United States Courts the power to grant 
 new trials in cases where there has been a trial by jury, 
 for reasons for' which new trials have been usually grant- 
 ed in Courts of law. 
 
 Motions for new trials are addressed to the discretion 
 of the Court in the Federal jurisdiction and are not re- 
 viewable in an Appellate Court. Terre Haute vs. Stru- 
 ble, 109 U. S., 381; Berry vs. Seawall, 65 Federal, 744; 
 Alexander vs. U. S., 57 Federal, 830; Jacksonville vs. 
 Smith, 78 Federal, 295; Cape Fear, etc., vs. Pearsall, 90 
 Federal, 437; Nininger vs. Cowan, 101 Federal, 789; U. 
 S. vs. Rio Grande etc. 184, U. S., 423; Carlisle vs. U. S., 
 194, Federal 830. Pocahontas vs. U. S., 218 Federal, 
 782, C. C. A. Gladden vs. Gabbert, 219 Federal, 855. 
 
 It is well settled that a ruling of the trial Court deny- 
 ing a new trial cannot be assigned as error. Lueders 
 vs. U. S., 210 Federal, 421; Moore vs. U. S., 150 U. S., 
 57; Holder vs. U. S., 150, U. S. 91; Blitz vs. U. S., 153 
 U. S., 308; Wheeler vs. U. S. 159, U. S. 523; Clune vs. U. 
 S. 159, U. S. 590; Corenman vs. U. S., 188 Federal, 424. 
 
 It is well settled that the granting or refusing a new 
 trial is a matter within the sound discretion of the trial 
 Court and that its action in the exercise of such discre- 
 tion cannot be reviewed. It is also settled that if the 
 trial Court refuses to exercise or abuses this discretion, 
 its judgment will be reversed because thereof. Felton 
 vs. Spiro, 78 Federal, 576; James vs. Evans, 149 Federal, 
 136; Mattox vs. U. S. 146, U. S. 140; Dwyer vs. U. S., 
 170 Federal, 160. 
 
 An attempt was made to bring the case of Higgings vs. 
 U. S., 185 Federal, 710, within the last paragraph of the 
 above rule, but the lower Court, in acting on the motion 
 for new trial, did not refuse to exercise, or abuse its dis-
 
 134 Federal Criminal Law Procedure. 
 
 cretion. It overruled the motion because in the exercise 
 of its discretion it did not believe that it was entitled to 
 a new trial. 
 
 § 42nn. New Trial Continued. 
 
 Even though the application for a new trial is based 
 on the allegation that new evidence has been discovered 
 it does not chance the discretionary rule, Bates vs. U. S. 
 269 Fed. 563. 
 
 Judicial discretion does not mean an optional ac- 
 tion. A trial court has discretion in passing upon a mo- 
 tion for a new trial but an abuse of such discretion would 
 be noticed by the appellate court. Thus the action of 
 the trial court in committing a defendant's witness for 
 contempt in the presence of the jury will furnish such 
 basis to the appellate court to order a new trial, Ruther- 
 ford vs. U. S. 258 Fed. 855. 
 
 See also Lee Dock vs. U. S. 224 Fed. 431, with refer- 
 ence to the discretionary power. In Andrews vs. U. S. 
 224 Fed. 418, it was held that the same discretion vests 
 in the trial court with reference to which on a motion 
 in an arrest of judgment. 
 
 § 42o. Limitations. — Sections 1043 to 1048, inclusive, 
 of the 1878 statutes contain such general limitations as 
 Congress has seen fit to make against the prosecution of 
 Federal offenses, with the exception, of course, of such 
 limitations as may be contained in many of the criminal 
 statutes themselves. Where a statute, therefore, does not 
 provide a limit within which prosecution thereunder 
 shall be had, the general statutes here mentioned apply. 
 
 Section 1043 provides that no person shall be prosecut- 
 ed, tried or punished for treason or other capital offense, 
 wilful murder excepted, unless the indictment is found 
 within three years next after such treason or capital of- 
 fense is done or committed. Section 1045 provides that 
 the statute of limitations should not apply to any person 
 fleeing from justice and in Section 1046 the limitation 
 for the prosecution of those violating the revenue laws 
 was fixed at five years, and provided that no one should 
 be prosecuted, tried or punished for any crime arising 
 under the revenue laws or the slave trade laws of the
 
 Practice Suggestions. 135 
 
 United States unless the indictment is found, or the con- 
 viction is instituted within five years next after the com- 
 mitting of such crime. Section 1048 is not now interest- 
 ing for the reason that it related to matters arising dur- 
 ing the Civil War. 
 
 In United States vs. Green, 146 Federal, 804, the Court 
 construed the fugitive exception to mean absence from 
 the district in which the offense was committed. See 
 also 154 Federal, 402, as to pleading. 
 
 Judge Pardee, speaking for the Circuit Court of Ap- 
 peals for the Fifth Circuit in Carter vs. New Orleans, 
 etc., 143 Federal, 99, held that Section 1047, which pro- 
 vided a period of five years for the commencement of 
 suits for penalties, forfeitures, etc., accruing under the 
 laws of the United States, would govern rather than a 
 state statute in a suit brought for a Federal penalty un- 
 der Section 2 and 8 of the Act regulating commerce, that 
 is penalty for giving special rates, rebates, etc. 
 
 On July 4, 1884, 23 Stats. L. 122, 1st Vol. Supp. 463, 
 Congress changed the statute of limitations as to revenue 
 laws of the United States, and provided that no prosecu- 
 tion should be brought nor any person tried or punished 
 for any of the offenses under the internal revenue laws 
 unless an indictment is found or the information institut- 
 ed within three years next after the commission of the 
 offense, in all cases where the penalty prescribed may be 
 imprisonment in the penitentiary, and within two years 
 in all other cases, provided that the time during which 
 the person committing the offense is absent from the dis- 
 trict shall not be taken as any part of the time limited 
 by law for the commencement of such proceedings, and 
 further provided that where a complaint shall be in- 
 stituted before a Commissioner of the United States 
 within the period above limited, the time shall be extend- 
 ed until the discharge of the grand jury at its next ses- 
 sion within the district, and provided further that the act 
 shall not apply to offenses committed by officers of the 
 United States. 
 
 It must be borne in mind in this connection that the 
 words "indictment found or information instituted" are
 
 136 Federal Criminal Law Procedure. 
 
 not satisfied by the filing of an affidavit before a Com- 
 missioner. Such action by the government will not stop 
 the running of the statute. Matter of Lacey, 1894, Okla., 
 4. A nolle prosed indictment will not stop the run- 
 ning of the statute. United States vs. Ballard, 3 McLean, 
 U. S. 469, 2nd Vol. Fed. Stats. Ann. p. 358. Limitation 
 may be raised by demurrer, U. S. vs. Watkins, 3rd 
 Cranch. C. 441; U. S. vs. Shorey, 9 Internal Revenue, 302, 
 27 Fed. Cas. No. 16281. See also p. 349, Vol. I. Gould & 
 Tucker Notes. For construction of the Act of Federal 
 Limitations, see 91 U. S., 566. But see Revenue Statute. 
 
 § 42oo. Limitations Continued. — In a suit for land by 
 the United States a statute of limitation will not bind the 
 United States unless Congress has clearly manifested 
 that it should be bounded thereby, U. S. vs. Whited, 246 
 U. S. 552. 
 
 By the Act of July 5, 1884, shown at page 806, Vol. 3, 
 Federal Statutes Annotated, there was a provision limit- 
 ing jDrosecutions under internal revenue laws unless the 
 indictment was found or the information instituted with- 
 in three years last after the commission of the offense 
 where the penalty was imprisonment in the penitentiary 
 and two years in all other cases. With provisions for 
 absence from the district and for stopping the ruling of 
 the limit while a complaint was pending before a commis- 
 sioner until the discharge of the grand jury at the next 
 session of court and with a further provision that such 
 limit does not apply to offenses committed by officers of 
 the United States. 
 
 See also Taylor vs. U. S., 45 Fed. 531, reversed by the 
 Supreme Court in 147 U. S. 695; Mackins vs. U. S., 117 
 U. S. 355; U. S. vs. Norton, 91 U. S. 250; see also Sec. 
 344 Penal Code Appendix. 
 
 Likewise many statutes have their special provisions 
 of limitation such as bankruptcy, revenue, the Volstead 
 Act, narcotic law. 
 
 § 42p. Sherman Law— Trust Statute. — Section 1, 2 
 and 3 of the Act of July 2, 1890, denounces monopolies 
 and combinations in restraint of trade and provides crim- 
 inal punishments for those found guilty of such offenses.
 
 Practice Suggestions. L37 
 
 Section 1 provides that every contract, combination in 
 the form of trust or otherwise, or conspiracy in restraint 
 of trade or commerce among the several states, or with 
 foreign nations, is declared to be illegal and the violation 
 thereof is declared to be a misdemeanor, punishable by 
 a fine not exceeding $5000, or by imprisonment not ex- 
 ceeding one year, or by both said punishments at the 
 discretion of the court. 
 
 Section 2 provides, "Every person who shall monopo- 
 lize or attempt to monopolize or combine or conspire with 
 any other person or persons to monopolize any part of 
 the trade or commerce among the several states, or with 
 foreign nations, shall be deemed guilty of a misdemeanor 
 and on conviction thereof shall be punished as provided 
 in the first section." 
 
 Section 3 declares every contract, combination in form 
 of trust or otherwise, or conspiracy in restraint of trade 
 or commerce, in any territory of the United States or of 
 the District of Columbia, or in restraint of trade or com- 
 merce between any such territory and another, or be- 
 tween any such territory or territories, and any state or 
 states or the District of Columbia, or with foreign nations, 
 is declared illegal, and a punishment like that prescribed 
 in the first section, is provided for. Page 3200, Vol. 3, 
 U. S. Compiled Statutes 1901; 26 Stats. L. 209. The Act 
 was amended by the Act of June 29, 1906, 34 Stats. L. 504, 
 and was later amended in minor as shown in Section 1 
 of the Act of October 15, 1914, 7 Fed. Stats. Ann. 336, 
 346, 347, and p. 402, 1914, Supp. Fed. Stats. Ann. 
 
 In the Act of October 15, 1914, it is provided in Section 
 14, thereof that whenever accorporation shall violate any 
 of the penal provisions of the anti-trust laws, such viola- 
 tion shall be deemed to be also that of the individual di- 
 rectors, officers, or agent of such corporation who shall 
 have authorized, ordered or done any of the Acts con- 
 stituting, in whole or in part, such violation, and such 
 violation shall be deemed a misdemeanor punishable to 
 the same extent as provided in Section 1 heretofore no- 
 ticed.
 
 138 Federal Criminal Law Procedure. 
 
 The Act was further aided by the Act of September 26, 
 1914, Section 8836-A, United States Compiled Statutes, 
 by the establishment of a Federal trade commission. But 
 the latter Act contains no additional criminal offense, 
 save and except for failure to testify or to produce docu- 
 mentary evidence and for making false entries in reports 
 or accounts of corporations, or for removal or mutilation 
 of documents, and also for certain contempts. The stat- 
 ute is constitutional and reaches corporations. New York 
 Railroad Co. vs. U. S.; 212 U. S. 481. It also reaches 
 joint stock associations and partnerships. U. S. vs. 
 Adams Express Co., 229 U. S., 381. Burden is in the Gov- 
 ernment. U. S. vs. American, 275 F. 939. 
 
 Prosecutions may be successfully had under the Act 
 for cornering a commodity. That the immediate result 
 of the corner advances rather than depresses the price 
 of the commodity is no defense. U. S. vs. Patten, 226 U. 
 S., 525, which reverses U. S. vs. Patten, 187 Federal, 664. 
 An overt act in furtherance of the conspiracy is unneces- 
 sary. U. S. vs. Patten, 187 Federal, 664. The contin- 
 uance of a monopoly after the completion of the conspir- 
 acy, is itself an offense under this Act. U. S. vs. Patter- 
 son, 201 Federal, 698, in which case will be found the cash 
 register nidictment in full. This cause was reversed by 
 the Circuit Court of Appeals. 
 
 A mere purchase of competing plants does not neces- 
 sarily constitute a monopoly within the meaning of the 
 statute. U. S. vs. Keystone Watch Company, 218 Fed- 
 eral, 502. A combination may be in violation of this 
 statute even though the monopoly may not have been 
 attempted to any harmful extent, but is potential only, 
 and an elimination of competition between competing 
 concerns, if illegal, is equally so, whether effected by an 
 agreement or by a consolidation. U. S. vs. International 
 Harvester Co., 214 Federal, 987. 
 
 There must not only be a restraint of trade, but an 
 undue restraint, and to make a restraint unreasonable it 
 must appear either that the normal volume of interstate 
 trade has been interfered with by artificial agencies af- 
 fecting to a substantial degree and to the disadvantage
 
 Practice Suggestions. 139 
 
 of the public the price or supply of the commodity, or 
 that there has been a direct and intentional interference 
 with the transportation of commodities in interstate com- 
 merce. Thus a purchase of an interstate milk business to 
 the extent that the purchasers own 86 per cent of the 
 business, are not merely unreasonable because of such 
 purchase, but such question of unreasonableness was a 
 question for the jury. U. S. vs. Whiting, 212 Federal, 
 467. The Act should be construed in the light of reason, 
 and as so construed it prohibits all contracts and com- 
 binations which amount to an unreasonable or undue re- 
 straint of trade in interstate commerce. Standard Oil 
 Co. vs. U. S., 221 U. S., 1. 
 
 A contract to strangle a threatened competition by 
 preventing the construction of an immediately projected 
 line of railway, which if constructed would naturally and 
 substantially compete with an existing line for interstate 
 traffic, is one in restraint of interstate commerce and in 
 violation of the Act. U. S. vs. Union Pacific, 188 Federal. 
 102. 
 
 On the other hand a combination cannot escape the 
 condemnation of the Act merely because of the form it 
 assumes and a single corporation, if it arbitrarily uses 
 its power to force weaker competitors out of business or 
 to coerce them into a sale to or union with such corpora- 
 tion, puts a restraint or interstate commerce and in a 
 sense violates the Act. U. S. vs. DuPont, 188 Federal, 
 127. An indictment which charges that three distinct 
 packing concerns, each one of whom was authorized to 
 act for the others, and that such group acted for the three 
 concerns, is sufficiently specific. U. S. vs. Swift, 186 
 Federal, 1002; 188 Federal, 92. 
 
 The test of the legality of a combination under this Act 
 is its necessary effect upon competition; if its necessary 
 effect is only incidentally or indirectly to restrict the 
 competition while its chief result is to foster the trade 
 and increase the business of those who make and operate 
 it, it does not violate the law. United States vs. Standard 
 Oil Co., 173 Federal, 177. U. S. vs. McAndrews et ah.
 
 140 Federal Criminal Law Procedure. 
 
 149 Federal, 823. "Open Price Plan" not violation. U. 
 S. vs. American, 275 F. 939. 
 
 In the Standard Oil case by the Supreme Court of the 
 United States, 221 U. S. p. 1, the old cases of U. S. vs. 
 Trans-Missouri Freight Association, 166 U. S. 290, and 
 U. S. vs. Joint Traffic Association, 171 U. S. 505, were 
 limited and qualified because they did not permit an in- 
 terpretation of each contract and agreement by the stand- 
 ard of reason. The Standard Oil case was followed by 
 the Supreme Court in United States vs. American To- 
 bacco Company, 221 U. S., 106. 
 
 42pp. Monopoly — Sherman Act — Clayton Act. — For 
 requisites of an information see U. S. vs. Wells, 225 Fed. 
 320; U. S. vs. Boumert, 179 Fed. 735; U. S. vs. Cowell, 
 243 Fed. 730. 
 
 A rule of business which appeals to the reason as being 
 legitimate competition is not a violation of the act, IT. S. 
 vs. Steel Co., 40 Sup. Ct. Rep. 293. 
 
 A conspiracy to violate the Sherman law is complete 
 though no overt act was committed, U. S. vs. Rintelen, 
 233 Fed. 793; see also U. S. vs. Bopp, 237 Fed. 283. 
 
 A peaceful strike is not a violation since the Clayton 
 Act takes agreements to strike out of Sec. 1, of the Sher- 
 man law, U. S. vs. Norris, 255 Fed. 423. 
 
 A monopoly agreement may be inferred from a course 
 of dealing, to fix prices, Frey vs. Cudahay, 41 Sup. Ct. 
 Rep. 451. 
 
 Agency is not a sale under the Clayton Act, Curtis Pub- 
 lishing Co. vs. Federal Trade Com., 270 Fed. 881. 
 
 It is not in violation of a monopoly act for a manufac- 
 turer to refuse to sell to any who will not agree to main- 
 tain prices, etc., U. S. vs. Colgate, 253 Fed. 522. 
 
 Combination of cement plants as formed was a viola- 
 tion, U. S. vs. Cowell, 243 Fed. 730; as was also a com- 
 bination of retail lumber dealers which used "customers 
 lists," U. S. vs. Hollis, 246 Fed. 611. 
 
 A sale contract such as is exhibited in Standard Fash- 
 ion Magazine, 254 Fed. 493, is a violation. 
 
 A trust which restricts sale of territory is a violation 
 of the Texas Statutes which is broader than the National
 
 Practice Suggestions. 141 
 
 Statutes, but see discussion of Kissel vs. Walker, 270 
 Fed. 492. 
 
 An indictment under this section must be clear as such 
 clearness is denned in U. S. vs. Colgate, 250 U. S. 300. 
 
 The unlawful agreement is the essence of the offense 
 and it would not be right to hold unlawful the acts of 
 persons who being in the same business exchange views 
 and in good faith act the same way, U. S. vs. Piowaty, 
 251 Fed. 375. 
 
 See U. S. vs. King, 229 Fed. 275, for an indictment for 
 listing and black listing. 
 
 A corporation which was itself lawful would not there- 
 by become obnoxious to the Sherman Act by the appoint- 
 ment of an exclusive selling agent, American Slate Co. 
 vs. O'Halloran, 229 Fed. 77. 
 
 See also for strikes, boycotts and injunction, Duplex 
 vs. Deering, 252 Fed. 722. 
 
 For a discussion of the preservation of the monopolies, 
 rights and the patent and trade restrictions, see U. S. vs. 
 United Shoe Company, 264 Fed. 138. 
 
 § 42-q. Verdict — Motion to Direct. — An exception to 
 a refusal to direct a verdict at the close of plaintiff's 
 case is waived if defendant thereafter proceeds to be put 
 in proof and the strength of plaintiff's case must then 
 be tested upon a new motion to direct a verdict after both 
 sides have rested on an examination of the entire record 
 made. Collins vs. U. S., 219 Federal, 671. Leyer vs. U. 
 S., 183 Federal, 102. When a motion to direct a- verdict 
 is not renewed at the conclusion of the defendant's tes- 
 timony, the objection to the failure of the Court to grant 
 the motion to direct, is waived. Gould vs. U. S., 209 
 Federal, 730. See Sections 16b and 25a. 
 
 A Federal Court will not review the verdict or the find- 
 ing of facts by a jury in the absence of a request to the 
 trial Court to instruct them in whose favor to find, on the 
 ground that evidence is so conclusive that no other ver- 
 dict can be sustained. Thompkins vs. M. K. & T., 211 
 Federal, 391. 
 
 Coercing of. — It is error for a court, after ascertaining 
 how a jury stands, to charge them that the case should be
 
 142 Federal Criminal Law Procedure. 
 
 finally disposed of and that it is the second trial and that 
 there is no reason to believe that a more intelligent or 
 honest jury more likely to arrive at a verdict would be 
 drawn on another trial and that justice demanded that 
 the case be brought to an end; that the expense of trials 
 is great and that the government has a right to a verdict 
 without further expenditure of time and money and de- 
 fendants, if guilty, have a right to have that fact deter- 
 mined before they are bankrupt, and if innocent a right 
 to be acquitted before their means are exhausted. Peter- 
 son vs. U. S., 213 Federal, 920. Holding jury after they 
 say they cannot agree must be objected to by defendant 
 to be available in error. Campbell vs. U. S., 221 Federal, 
 186. 
 
 In Suslak vs. U. S., 213 Federal, 913, the Circuit Court 
 of Appeals for the Ninth Circuit, speaking through Judge 
 Dietriech, who also spoke for that same Court in the 
 Peterson case just above cited, held that it was not co- 
 ercing a verdict for the trial Court to tell them that the 
 case was important and costly both to the Government 
 and to the defendants, and that the jury must remember 
 that the witnesses were likely to disappear and could not 
 be had at another trial and that they should attempt to 
 agree on honest convictions; and though they had the 
 power under the law to stand out for acquittal or convic- 
 tion, no juror should do so arbitrarily but should listen to 
 the arguments of the other jurors and come to an under- 
 standing if he could, and be convinced by their argument ; 
 that it was wrong to convict as well as to acquit a man 
 on an arbtrary stand taken by a juror, and that they must 
 not consider the penalty in the case whatever. The lan- 
 guage, however, was said to be as strong as should ever 
 be used in impressing upon a jury their duty. See also 
 Allis vs. U. S., 155 U. S., 117; People vs. Miles, 143 CaL, 
 635; Jordan vs. State, 30 S..W., 445. 
 
 42qq. Verdict — Motion to Direct — Coercing Continu- 
 ed.— See Sees. 16, 16b, 25, 25a, 31, 429, 535. 
 
 A motion to direct a verdict, at the close of the govern- 
 ment's evidence, is waived by thereafter introducing evi-
 
 Practice Suggestions. 143 
 
 dence, Robins vs. U. S., 262 Fed. 126; Grandi vs. U. S., 
 262 Fed. 123. 
 
 A motion to direct may be made after all of the evi- 
 dence is in, Grandi vs. U. S., 262 Fed. 123, but unless this 
 procedure is taken the original motion is waived by the 
 introduction of testimony, Youngblood vs. U. S., 266 Fed. 
 795. 
 
 For the practice see Isabell vs. U. S., 227 Fed. 788; 
 U. S. vs. De Bolt, 253 Fed. 78. 
 
 The court has no right to tell the jury, "the trial is 
 costly and that he would hold them until Saturday night 
 to get a verdict," Hunter vs. Hunter, 187 S. W. 1049. 
 
 § 42r. Writ of Error — Supersedeas. — Writs of error 
 are not exactly a right of the convicted but are granted in 
 all cases where assignments of error are filed and proper 
 application made therefor. Whether the judgment shall 
 be superseded is in the sound discretion of the Court 
 granting the writ or of some other Court that under the 
 law may take cognizance thereof. Judge Speer in the 
 case of U. S. vs. Gibson, 188 Federal, 396, refused a super- 
 sedeas and ordered the prisoners to the penitentiary. 
 The facts, however, in support of that procedure hardly 
 appeal to the profession for the reason that if proper 
 assignments of error had been filed and a writ of error in 
 good faith perfected, it hardly seems right that the pun- 
 ishment should be begun until the guilt has been finally 
 determined. It is in the power of the Court to fix a com- 
 mensurate bond pending such reivew and if a trial Court 
 should arbitrarily refuse a supersedeas, application should 
 be made to the Court of Appeals for the same circuit or 
 one of the Judges thereof, and unless the prosecution 
 could show to the Court that the record of the convicted 
 warranted a presumption that he would not abide the 
 judgment of the Appellate Court, a supersedeas should 
 be and in all probability would be granted. 
 
 A writ of error must be sued out and lodged in the 
 Court below within sixty days from the date of the judg- 
 ment. Roberts vs. Kendrick, 211 Federal, 970. And 
 when such writ of error is not so sued out and lodged, a
 
 144 Federal Criminal Law Procedure. 
 
 supersedeas previously granted will be vacated and an- 
 nulled. Eoberts vs. Kendrick, 211 Federal, 1)70. 
 
 Direct to the Supreme Court. — A writ of error direct 
 to the Supreme Court from the trial Court may be taken 
 in certain cases. U. S. vs. Mixon et al., 235 U. S., 231; 
 U. S. vs. Patten, 226 U. S., 527. See also Judicial Code, 
 1911. Supreme Courts may grant certiorari in Criminal 
 Case when case is one of great gravity. Anderson vs. 
 Moyer, 193 Federal, 499. 
 
 Pauper has Right to. — By the Act of June 25, 1910, a 
 poor person may have an action reviewed by writ of error, 
 including all appellate proceedings, unless the trial Court 
 shall certify in writing that, in the opinion of the Court, 
 such appeal or writ of error is not taken in good faith, 
 without being required to prepay fees or costs or for the 
 printing of the record in the Appellate Court or give se- 
 curity therefor. The pauper shall file in Court a state- 
 ment under oath in writing that because of his poverty he 
 is unable to pay the costs of said suit or writ of error or 
 to give security for the same, and that he believes he is 
 entitled to the redress he seeks by such writ of error, etc. 
 Latham vs. U. S., 210 Federal, 159. 
 
 42rr. Writ of Error — Supersedeas — Pauper Continu- 
 ed. — For good cause shown a writ of error may be filed 
 after the expiration of the sixty days provided by the 
 rules. Freeman vs. U. S., 227 Fed. 732. 
 
 When a case is taken by a writ of error direct to the 
 Supreme Court it is there for all purposes. Goldman vs. 
 U. S., 245 U. S. 474. 
 
 A pauper may have his cause reviewed by writ of er- 
 ror when the proper orders are entered and for guidance 
 therein see the foregoing paragraph; also see Page 45, 
 Vol. 1, 1912 Supplement to Federal Statute Annotated, 
 and as to the printing Of the record see Meyer vs. U. S., 
 218 Fed. 372. 
 
 It is suggested that an order should be entered showing 
 the defendant to be a poor person within the purview of 
 the act of Congress of Form 25, 1910, and that the de- 
 fendant be granted a writ of error to the United States 
 Circuit Court of Appeals, for the circuit, in forma
 
 Practice Suggestions. 145 
 
 pauperis, and that he be relieved from paying any costs 
 or furnishing security, and that said writ of error be 
 returnable according to law; such order to be signed by 
 the District Judge. 
 
 § 42s. Writing — Handwriting. — Because of the con- 
 fusion in appellate decisions, the Congress on Feb. 26, 
 1913, provided, "That in any proceedings before a Court 
 or judicial officer of the United States where the genuine- 
 ness of the handwriting of any person may be involved, 
 any admitted or proven handwriting of such person shall 
 be competent evidence as a basis for comparison by wit- 
 nesses or by the jury, court or officer conducting such 
 proceeding, to prove or disprove such genuineness." Of 
 course this statute does not attempt to place a value on 
 such testimony. After being admitted may be compared. 
 Short vs. U. S., 221 Federal, 248. 
 
 It is well settled that a writing cannot be introduced in 
 the cause for the mere purpose of enabling the jury to in- 
 stitute a comparison of handwriting, but where the writ- 
 ing had been admitted for some other purpose, then the 
 jury may rightfully institute a comparison. Williams vs. 
 Conger, *125 U. S., 397. Withamp vs. U. S., 127 Federal, 
 530. 
 
 In U. S. vs. North, 184 Federal, 152, Judge Wolverton, 
 after reviewing the authorities, says, "From these au- 
 thorities it would seem that it was not the purpose of the 
 Courts, where the writing was admitted in evidence for 
 some other purpose, to require that it must also have been 
 admitted by the defendant to be genuine, or treated by 
 him as such; but it is sufficient that it be satisfactorily 
 proven to be in the handwriting of the party against 
 whom it is sought to establish another writing, being an 
 issue in the case, which he disputes. 
 
 In other words, the American rule seems to be that 
 such papers can be offered in evidence to the jury, only 
 when no collateral issue can be raised concerning them, 
 which is only where the papers are conceded to be genu- 
 ine, or are such, as the party is estopped to deny, or are 
 papers belonging to the witness, who was himself pre- 
 viously acquainted with the party's handwriting, and he 
 
 10
 
 146 Federal Criminal Law Procedure. 
 
 exhibits them in confirmation and explanation of his own 
 testimony. When a writing is offered for comparison, 
 its genuineness must be found as a preliminary fact by 
 the presiding judge upon clear and undoubted evidence 
 in order to avoid the danger of fraud and surprise and 
 the multiplication of collateral issues.
 
 CHAPTER IV. 
 
 POSTAL CRIMES. 
 
 § 43. Jurisdiction of State and Federal Courts. 
 
 44. Section 3833 as to Jurisdiction. 
 
 45. Breaking Into and Entering Post Office. 
 
 46. Unlawfully Entering Postal Car or Interfering With Postal 
 
 Clerk. 
 
 47. Assaulting Mail Carrier with Intent to Rob; Robbing Mail and 
 
 Injuring Letter Boxes or Mail Matter and Assaulting Carrier. 
 47a. Reasonable Doubt in Appellate Court. 
 47aa. Reasonable Doubt. 
 47b. Duplicitousness in Indictment Charging Robbery of Mail Clerk. 
 
 48. Obstructing Mail. 
 
 48a. Presumption as to Mail on Train. 
 
 49. Ferryman Delaying Mail. 
 
 50. Post Master or Other Employee Detaining or Destroying News- 
 
 papers. 
 50a. Conspiracy to Open Letters. 
 
 51. Post Master or Employee Detaining or Destroying or Embezzling 
 
 Letter; Decoy Letters — Proper and Improper Use of. 
 
 51a. Fact case; Indictment Under this Section. 
 
 51aa. Decoy Letters. 
 
 51b. Opening Mail. 
 
 51c. Injury to Letter Boxes, Etc. 
 
 52. Stealing, Secreting, Embezzling, etc. Mail Matter or Contents. 
 52a. Indictment Under this Section. 
 
 52a. Indictment Under Section 5470. 
 52aa. Mail Protected. 
 
 53. Obscene Matter, etc. non-mailable, and Penalties; Definition of 
 
 Filthy; Obscenity; Decoy Letter to Secure Evidence in Con- 
 ception Cases; Indictment and Other Decisions; Post Mark; 
 Effect of. 
 
 53a. Obscenity, Scurvilousness, Indecency, Knowledge, etc. 
 
 53b. Indictment Under this Section; Satisfying by Bill of Particu- 
 lars; Setting forth Whole Instrument. 
 
 53c. Matter Intended to Incite Arson, Murder or Assassination. 
 
 53d. Prize Fight Films— Such Film for One's Own Convenience; No 
 Violation; Pictorial Representation Included. 
 
 53dd. Paid Editorial, etc., to be Marked Advertisement; Statute re- 
 lates to Second Class Matter. 
 
 53ddd. Matter in Federal to Incite Arson, Murder or Assassination 
 Continued. 
 
 53dddd. Espionage Act. 
 
 53ddddd. Prize Fight, Film Act Constitutional. 
 
 (147)
 
 148 Federal Criminal Law Procedure. 
 
 § 54. Libelous and Indecent Wrappers and Envelopes; Unrestricted 
 Use of Post Office not Constitutional Right; Not Material 
 Whether Objectionable Language is True or False; What is 
 Outside Cover of Wrapper; Duns on Postal Cards. 
 54a. Libelous and Indecent Wrappers and Envelopes, etc. 
 
 55. Use of Mails for Fraudulent Purposes; Elements of Offense — 
 
 Actual Misrepresentation Unnecessary — When; Threatening 
 Letter; Matrimonial Agency; Ordering Goods Without Inten- 
 tion to Pay; Making False Financial Statement; Indictment, 
 Punishment and number of Counts; Other Like Offenses. 
 
 55a. Other Illustrative Cases under This Statute — Pretending to be 
 Eminent Physician. 
 
 55b. Illustrative Cases of Fraudulent Use of the Mail; Threats. 
 
 56. Civil Statute against Fraudulent Use of Mail. 
 56a. The Civil Statutes Continued. 
 
 i 57 Fraudulently Assuming Fictitious Address or Name. 
 
 58. Lottery; Gift Enterprise, Circulars, etc., not Mailable. 
 
 59. What Is a Lottery or Chance. 
 59a. Illustrative Cases of Chance. 
 
 60. Land Schemes. 
 
 60a. Land Schemes Continued. 
 
 61. Issuing Stock. 
 
 62. Other Cases Under the Lottery Statute. 
 62a. Other Cases Continued. 
 
 63. Post Masters not to be Lottery Agents. 
 64 False Returns to Increase Compensation. 
 
 65. Civil Remedy to Recover Compensation. 
 65a. Acquittance No Bar to Civil Suit. 
 
 66. Collection of Unlawful Postage. 
 
 67. Unlawful Pledging or Sale of Stamps. 
 67a. Receiving Stolen Property, etc. 
 
 68. Failure to Account for Postage and to Cancel Stamps. 
 
 69. Issuing Money Order Without Payment. 
 
 69a. Conviction Under One Statute, No Bar, — When. 
 
 70. Counterfeiting Money Orders, etc. and Fraudulently Issuing 
 
 the Same After Having Received the Money Therefor. 
 
 71. Counterfeiting Postage Stamps, Domestic or Foreign. 
 
 72. Misappropriation of Postal Funds or Property by Use of Failure 
 
 to Deposit. 
 
 73. Rural Carriers Responsible Under Foregoing Section. 
 
 74. Stealing Post Office Property. 
 
 75. Other Minor Offenses, Including False Claims and Employees 
 
 Contracts. 
 
 75a. Illegally Carrying Mail. 
 
 76. All Persons Employed in Service, Whether Taken Oath or Not, 
 
 Are Employees.
 
 Postal Crimes. 149 
 
 § 43. Postal Crimes.— The provisions of Section 3833 
 that give jurisdiction to all civil and criminal causes aris- 
 ing under the postal laws to state and territorial courts, 
 do not constitute such courts Federal Courts; and if 
 either a civil or a criminal cause be instituted in the 
 state courts involving the United States Postal Laws, 
 such cause may be removed to the Federal Courts, under 
 the second section of the Act of March 3, 1875. In the 
 case of New Orleans National Bank vs. Merchant, 18 
 Federal, page 841, which was a bill for injunction filed 
 in the state District Court against the United States Post- 
 master at New Orleans, seeking certain relief against 
 the enforcement of the sections of the Revised Statutes 
 relating to fraud orders, and which action was removed 
 into the Federal Court under the second section of the 
 Act of March 3, 1875, Circuit Judge Pardee held that 
 while Section 3833 of the Revised Statutes confers juris- 
 diction upon the Courts of the State in certain instances, 
 as Courts of the State, yet it does not thereby make them 
 Federal Courts, and cases instituted therein are properly 
 removable to the Federal Court. 
 
 § 44. How Is the Section Used. — It would seem, there- 
 fore, that 3833 is reallv a section of convenience. Since 
 there are state justices of the peace and committing 
 magistrates at nearly all points, the state or Federal of- 
 ficer who discovers a violation of the postal laws may 
 instantly get a warrant therefrom without waiting to 
 communicate with the more remote and less accessible 
 Federal Commissioner. The accounts for the state jus- 
 tices of the peace and committing magistrate for serv- 
 ices of this sort are presented for approval in open 
 Court, just as United States Commissioners are, and are 
 paid by the Department at Washington. 
 
 § 45. Breaking Into and Entering Post-Office. — We 
 now come to a consideration of the various sections of the 
 Criminal Code, starting with offenses against the postal 
 service and system, because they are the most common 
 violation. Section 5478 of the old statutes is altered very 
 little by Section 192 of the new Code. The words "hard 
 labor" are left out of the new statute, but under Section
 
 150 Federal Criminal. Law Procedure. 
 
 338 of the new Code, the omission of the words ''hard 
 labor" from any provision of the new Code prescribed in 
 the punishment, is not construed as depriving the Court 
 of the power to impose hard labor as a part of the pun- 
 ishment in any case where such power existed under the 
 old statute. 
 
 The new Section also contains the following words, 
 "with intent to commit in such post-office or building, or 
 part thereof so used," that were not in the old statute. 
 These words were doubtless added by the codifiers to 
 call the attention of the pleader to the fact that Congress 
 had no jurisdiction to prescribe a penalty for entering a 
 building, or for committing an offense in a building, un- 
 less such building was actually used as a post-office or 
 such offense was committed in that part of said building 
 so used as such post-office. 
 
 In the 16 Federal, page 235, United States against 
 Campbell, the Court sustains a demurer to an indictment 
 which charged forcible breaking into a building, which 
 building was then and there used in part as a post-office 
 of the United States, "with the intent then and there, in 
 said building, to commit the crime of larceny." In pass- 
 ing upon the demurrer, the Court said that, "a building 
 used in part as a post-office may contain many rooms be- 
 sides the one or more used as a post-office. That there 
 is some portion of it not so used is necessarily implied in 
 the phrase 'used in part as a post-office.' To break into 
 such a building with the intent to steal the purse of the 
 lodger in a room therein that is in no way used as a post- 
 office, nor connected with it, except that it is under the 
 same roof, does not appear to me to be an act which the 
 United States may punish, upon the ground that it is 
 necessary to do so in the execution of the power granted 
 to Congress to establish apost-office." Mr. Justice Storey, 
 in United States vs. Coombs, 12 Peters, 76, said: "If the 
 section admits of two interpretations, one of which brings 
 it within, and the other presses it beyond, the constitu- 
 tional authority of Congress, it will become our duty to 
 adopt the former construction; because a presumption 
 never ought to be indulged that Congress meant to ex-
 
 Postal Crimes. 151 
 
 ercise or usurp any unconstitutional authority, unless 
 that conclusion is forced upon the Court by language al- 
 together unambiguous. ' ' 
 
 The idea, therefore, is that the statute meant to punish 
 the breaking into a building used in part as a post-office, 
 with the intent to commit larceny in that part of the 
 building so used as such post-office. To the same effect 
 is the case of in re Byron, 18 Federal, page 723; also 
 United States vs. Williams, 57 Fed., 201; also United 
 States vs. Shelton, 100 Fed., 831; United States vs. Mar- 
 tin, 140 Fed., 256; United States vs. Saunders, 77 Fed., 
 170. 
 
 In the 30 Federal, 232, United States vs. Lantry, the 
 Court held that the prisoners were not entitled to the pre- 
 sumption that they had hidden themselves within the 
 building, merely because they had been seen with other 
 person lawfully within the premises before they were 
 closed for the night. In this same case, the Court refus- 
 ed, upon habeas corpus, to go beyond the finding of a 
 Commissioner, as to the probable guilt of the prisoners, 
 and followed the authorities of in re Fowler, 4 Fed., 303, 
 and in re Day, 27 Federal, 678. 
 
 The case of Considine vs. United States, which holds 
 that a violation of Section 5478 is a misdemeanor, and 
 not a felony, and, therefore, but three challenges are per- 
 mitted the defendant, will not now be considered binding 
 against defendants under the new Code, for the reason 
 that the punishment is felonious within the meaning of 
 such offenses as defined by Section 335 of the new Code. 
 Section 819 of the Revised Statutes allows the defendant 
 charged with a felony ten challenges; therefore, one be- 
 ing prosecuted under Section 192 would be entitled to 
 ten instead of three challenges. 
 
 The word "forcible" when used in a criminal statute 
 in describing night-time or day-time burglaries, compre- 
 hends the opening of a door or the raising of a window 
 or the raising of a latch, in fact, the use of any force in 
 making an entry. In 74 Federal, 221, United States vs. 
 Yennie, it was held that an entry into a postmaster's 
 room in the post-office building, by opening the door,
 
 152 Federal Criminal Law Procedure. 
 
 was a forcible entry within the meaning of the statute. 
 This case is also interesting in that it determines that an 
 indictment is good, even though in the same count it 
 charges the forcible entry and the theft of the property, 
 and that while such allegations constitute separate of- 
 fenses under old Sections 5475 and 5478, yet they are 
 offenses of the same kind and the same grade of punish- 
 ment, though with different degrees of severity, and upon 
 the authority of Com. vs. Tuck., 20 Pick., 356, the Court 
 holds that both offenses relate to and are parts of the 
 same transaction, and may, therefore, be included in the 
 same count without error, though perhaps the best prac- 
 tice not to do so. See also Horner vs. United States, 143 
 U. S., 207; ex parte Peters, 12 Federal, 46. 
 
 Sorenson vs. United States, 143 Federal, 820, and Sor- 
 enson vs. United States, 168 Federal, 785, are cases aris- 
 ing under Section 5478, and which do not decide any 
 point with reference to the statute or an indictment there- 
 under. They contain, however, some interesting ques- 
 tions of practice with reference to circumstantial evi- 
 dence and other matters not necessary to here discuss. 
 
 § 46. Unlawfully Entering Postal Car or Interfering 
 with Postal Clerk, Etc. — Closely akin to the statute just 
 discussed is Section 193 of the new Code, which inhibits 
 entering by violence a post-office car, or any apartment in 
 any car, steamboat, or vessel assigned to the use of the 
 mail service, and also denominates as an offense any wil- 
 ful or malicious assault or interference with any postal 
 clerk in the discharge of his duties in connection with 
 such car, steamboat, vessel or apartment, and also pun- 
 ishes any one who shall wilfully aid or assist in either. 
 
 Neither this section, nor the substance thereof, was 
 included in the old Revised Statutes. There was a pro- 
 vision largely similar passed by the Fifty-seventh Con- 
 gress, as shown at page 1176 of the 32 Statute at Large. 
 That provision has, however, been broadened by the 
 omission of some words and the substitution of others. 
 
 A close reading of the statute indicates that the au- 
 thorities that relate to entering a post-office or a building 
 used in part as such office, cited under the old statute
 
 Postal Crimes. 153 
 
 5478 and under the new Section 192, would be in a large 
 measure applicable to this question. 
 
 § 47. Assaulting Mail Carrier with Intent to Rob, and 
 Robbing Mail and Injuring Letter Boxes or Mail Matter, 
 and Assaulting Carrier, Etc.— Under this heading, for 
 convenience, is placed Sections 197 and 198 of the new 
 Code. Section 197 is a combination of the old Sections 
 5472 and 5473. 
 
 Section 198 comprehends the meat of old Sections 3869 
 and 5466. 3869 had already been amended by the Act 
 shown on page 1175 of the first part of Volume 32 of the 
 Statutes at Large, which was an act of the Fifty-seventh 
 Congress. The present section, as it now stands, is in- 
 tended to protect more certainly the numberless rural 
 route and star route boxes and mail receptacles. 
 
 It must be understood that no mail receptacle is pro- 
 tected under this statute, unless the same has been es- 
 tablished, approved, or designated by the Postmaster 
 General. The indictment should, therefore, allege such 
 approval, designation, and establishment, and the proof 
 must so show. As to just what sort of proof the Court 
 will admit, no inflexible rule can be given. The Courts 
 understand that it is impossible to bring the Postmaster 
 General or some informed subordinate from his office into 
 the various Districts of the Union, and testify to such 
 action at Washington, and they, therefore, sometimes ad- 
 mit the testimony of the local postmaster that the recep- 
 tacle is the proper one, or sometimes they admit the re- 
 ceptacle itself, which has stamped thereon the words de- 
 signated, established, or approved by the Postmaster 
 General. So also, some of the printed regulations of 
 the Post-office Department give the dimensions and styles 
 and description of the various receptacles, and these 
 are sometimes admitted. The books contain no partic- 
 ular line of precedents with respect to such proof. 
 
 Section 197 of the new Code, which is, as above stated, 
 a substitute for 5472 and 5473 of the old statute, elimi- 
 nates some of the uncertainties that were in the old stat- 
 utes, and as the new section now stands, it is easily un- 
 derstood. The following cases were interesting under
 
 154 Federal Criminal- Law Procedure. 
 
 the old section: United States vs. Reeves, 38 Fed., 404, 
 which determined in line with the academic authorities, 
 the meaning of the words "dangerous weapon," the re- 
 sponsibility of one aiding or advising the offense, the 
 meaning of the words "attempt to rob," and the further 
 decision that the offense is committed where it is shown 
 that the mail or any part thereof is taken fraudulently 
 from the possession of the carrier, against his will, by 
 violence or putting him in fear. In Jeff Harrison vs. 
 United States, 163 U. S., 140, the only point decided was 
 that a violation of 5472 was a felony, and on the prose- 
 cution for which the defendant was entitled to ten per- 
 emptory challenges under Section 819. United States 
 vs. Hare, 2 Wharton Crim. Cases, 283, 26 Federal Cases, 
 148; U. S. vs. Wilson, 28 Federal Cases, 699; U. S. vs. 
 Bowman, 5 Pac. Rep. 333. 
 
 § 47a. Reasonable Doubt in Appellate Court. — Mat- 
 thews vs. U. S., 192 Federal, 490, is a fact case under old 
 Section 5472, in which the Court of Appeals affirms a 
 judgment based upon circumstantial evidence and an- 
 nounces the rule that an Appellate Court need not be 
 satisfied beyond a reasonable doubt of the guilt of the 
 defendants in order to affirm. 
 
 47aa. Reasonable Doubt. 
 
 The reasonable doubt to which a defendant is entitled 
 extends to each element in the case, Spear vs. U. S. 228 
 Fed. 486, and the court cannot take the force of such 
 doubt away by a strong statement of the case, Oppen- 
 heim vs. U. S. 241 Fed. 626. 
 
 A reasonable doubt is a doubt for which a sensible 
 man could give good reason, based on evidence or want 
 of evidence, and is such a doubt as a sensible man would 
 act or decline to act upon, Sotello vs. U. S. 256 Fed. 721. 
 
 § 476. Duplicitousness. — An indictment which charges 
 that the defendant attempted to rob the mail clerk and 
 put his life in jeopardy is not duplicitous. Price vs. U. 
 S., 218 Federal, 149. '"Magon vs. U. S., 260 Fed. 811, 
 holds that different counts are not a species of duplici- 
 tousness."
 
 Postal Crimes. 155 
 
 § 48. Obstructing the Mail.— Section 201 of the new 
 Code takes the place of Section 3995 of the old, and en- 
 larges the same by adding the words "car, steamboat, 
 or other conveyance or vessel," and changes the punish- 
 ment, which was, in the old statute, a fine of not more 
 than a hundred dollars, to a fine of not more than one 
 hundred dollars, or imprisonment for not more than six 
 months, or both. These changes, however, do not render 
 valueless the many cases arising under the old section. 
 
 In Salla vs. United States, 104 Fed., 544, the Court of 
 Appeals for the Ninth Circuit held that an indictment 
 charging defendants with conspiring "to unlawfully, 
 wilfully, maliciously, and knowingly" delay and ob- 
 struct, etc., the passage of a railway car and train, 
 "which said railway car and train were then and there 
 carrying and transporting the mails of the United 
 States," was insufficient to charge a violation of Section 
 3995, since it failed to charge that the defendants knew 
 that said car and train were carrying the mails. In other 
 words, the authorities are a unit upon the proposition that 
 the indictment must allege, and the proof must show, that 
 the defendants knew that the vehicle they obstructed 
 carried the United States mail. 
 
 By an Act of the Fifty-seventh Congress, second ses- 
 sion, page 1176 of the first part of Volume 32, Statute at 
 Large, Congress determined "that every special delivery 
 messenger, when actually engaged in carrying or de- 
 livering letters or other mail matter under contract, di- 
 rectly or indirectly, with the Post-office Department, or 
 employed by the Post-office Department," shall be deem- 
 ed a carrier or person intrusted with the mail, and having 
 custody thereof, within the meaning of certain Sections 
 of the Eevised Statutes, which included old Section 3995. 
 
 It has been directly decided that two or more may con- 
 spire to commit the offense of obstructing the mail, as 
 shown in Conrad vs. United States, 127 Fed., 798. Other 
 interesting cases bearing upon the old section are the fol- 
 lowing: United States vs. Kirby, 74 U. S.; 19 Law Ed., 
 278, and see also note; in re Debs, 158 U. S., 564; Clune vs 
 United States, 159 U. S., 590; United States vs. Cassidy',
 
 156 Federal Criminal Law Procedurk. 
 
 67 Fed., 698; United States vs. Thomas, 55 Fed., 380; 
 United States vs. Sears, 55 Fed., 268; United States vs. 
 Woodward, 44 Fed., 592; United States vs. Kane, 19 
 Fed., 42; United States vs. Claypool, 14 Fed., 127; United 
 States vs. De Mott, 3 Federal, 478. 
 
 An officer in possession of a civil warrant against a 
 mail carrier is not justified in arresting the mail carrier, 
 though the carrier be not detained longer than necessary 
 for the execution of the warrant. United States vs. Har- 
 vey, 8 Law Rep., 77. In United States vs. Barney, 3 Am. 
 Law Journal, 128, the Court held in substance that the 
 law did not allow any justification of a wilful and volun- 
 tary act of obstruction to the passage of the mail, such 
 as the seizure by its lawful owner of a stolen horse 
 found in a mail stage, or the arrest of its driver for debt. 
 On the other hand, in United States vs. Hart, Pet. C. C, 
 390; S. C. 3 Wheeler's Criminal Case, 304, the Court 
 held that the Act was not to be so construed as to pre- 
 vent the arrest of the driver of a carriage transporting 
 the mail when he was driving through a crowed city at 
 such a rate as to injure the lives of the inhabitants. So 
 also, it is understood that mere service of process on a 
 mail carrier, without detaining him, is not an obstruc- 
 tion of the mail. United States vs. Harvev, 8 Law Rep., 
 77. 
 
 It seems, however, to be settled that while a mail car- 
 rier is not liable to arrest upon civil process — that he is 
 liable to arrest on a charge of any criminal offense, as a 
 violation of the law against the sale of liquor. Penny 
 vs. Walker, 64 Maine, 430; S. C. 18 American Rep., 269. 
 
 The safest practice, however, in view of the public 
 interest in the speeding of mails, is for the officer to make 
 the arrest after the carrier has delivered his charge, 
 which is not at all difficult to accomplish. 
 
 § 4:8a. Presumption as to Mail on Train. — Judge 
 Speer decided the case of U. S. vs. Hall, 206 Federal, 
 485, and held that every passenger train must be pre- 
 sumed to be a carrier of United States mail and that 
 therefore an allegation of knowledge was unnecessary in 
 an indictment under Section 201. The learned judge
 
 Postal Crimes. 157 
 
 cities no authorities in support of his decision. It is not 
 believed that such a presumption will be allowed in the 
 criminal law. The stopping of a train, the chastising of 
 the engineer of a train or the infliction of bodily punish- 
 ment upon the members, of the crew of a train without 
 any thought of delaying the United States mail which 
 might or might not be on such a train, would certainly 
 not be an offense within the jurisdiction of the United 
 States Courts. There must be an allegation that the de- 
 fendant knew that the carriage thus delayed was con- 
 veying United States mail and it is thought that Salla 
 vs. U. S. 104 Federal, 544, correctly states the rule, that 
 is if there be no allegation that the defendants knew that 
 the car and train were carrying the mails, the indict- 
 ment is defective. 
 
 § 49. Ferryman Delaying the Mail.— Section 202 dif- 
 fers little from the old statute 3996, and reads as follows: 
 
 "Whoever, being a ferryman, shall delay the passage of the mail 
 by wilful negligence or refusal to transport the same across any 
 ferry, shall be fined not more than one hundred dollars." 
 
 The penalty of the old statute was ten dollars, and re- 
 quired that a delay should be for ten minutes, but the 
 new section evidentlv means any delav that is wilful. 
 
 § 50. Postmaster or Other Employee Detaining or 
 Destroying Newspapers. — Section 196 of the new Code, 
 which reads as follows: 
 
 "Whoever, being a postmaster or other person employed in any de- 
 partment of the postal service, shall improperly detain, delay, embezzle, 
 or destroy any newspaper, or permit any other person to detain, delay, 
 embezzle, or destroy the same, or open, or permit any other person to 
 open, any mail or package of newspapers not directed to the office 
 where he is employed; or whoever shall open, embezzle, or destroy 
 any mail or package of newspapers not being directed to him, and 
 he not authorized to open or receive the same; or whoever shall 
 take or steal any mail or package of newspapers from any post-office 
 or from any person having custody thereof, shall be fined not more 
 than one hundred dollars, or imprisoned not more than one year, or 
 both." 
 
 replaced Section 5471 of the old statutes, and contains 
 practically nothing new except that the wording is 
 changed somewhat, and the punishment is enlarged.
 
 158 Federal Criminal Law Procedure. 
 
 For some reasons tliere were few prosecutions under 
 5471, and so far as reported decisions are concerned, the 
 books contain none. Ex parte Friday, in 43 Federal, 
 page 920, cited by some annotations, really does not bear 
 upon the section other than to cite it as an instance of the 
 power of a Court to impose hard labor, even though th^ 
 term be less than one year. In State vs. Nichols, 50 Louis- 
 iana Ann., 699, the statute is cited. 
 
 At page 512 of the First Volume of the Supplement, 
 being an Act of the Forty-ninth Congress, which applies 
 alike to all of the statutes relating to offenses against the 
 postal service, committed by persons employed therein in 
 connection with the immediate delivery service, whether 
 temporarily or permanently, or whether under oath or 
 not : — 
 
 "That any person employed to make immediate delivery of letters 
 or other mail matter under the provisions of this Act, or the Act of 
 which the same is amendatory, shall be deemed an employee of th^ 
 postal service, whether he may have been sworn or not, or tempora- 
 rily or permanently employed, and as such employee shall be liable to 
 any penalties or punishment provided by law for the improper detent- 
 ion, delay, secretion, rifling, embezzlement, purloining, or destruction 
 of any letter or other article of mail matter, or the contents thereof, en- 
 trusted to him for delivery, or placed in his custody." 
 
 50a. Conspiracy to Open Anothers mail. Kirkwood 
 vs. U. S. 256 Fed. 825. 
 
 § 51. Postmaster or Employee of Service Detaining or 
 Destroying Embezzling Letter, Etc. — Section 195 of the 
 new Code, which reads as follows: 
 
 "Whoever, being a postmaster or other person employed in any 
 department of the postal service, shall unlawfully detain, delay, or 
 open any letter, postal card, package, bag, or mail entrusted to him 
 or which shall come into his possession, and which was intended to 
 be conveyed by mail or carried or delivered by any carrier, messenger, 
 agent, or other person employed in any department of the postal 
 service, or forwarded through or delivered from any post office or 
 station thereof established by authority of the Postmaster General; 
 or shall secrete, embezzle, or destroy any such letter, postal card, 
 package, bag, or mail; or shall steal, abstract, or remove from any 
 such letter, package, bag, or mail, any article or thing contained 
 therein, shall be fined not more than five hundred dollars, or imprison- 
 ed not more than five years, or both."
 
 Postal. Crimes. 159 
 
 takes the place of Sections 3890, 3891, and 5467 of the 
 old statutes. The new law, as above quoted, does not 
 contain the inhibition against the holding of office by a 
 postmaster who unlawfully detains letters or mail mat- 
 ter, but largely increases the punishment. The three old 
 sections were a source of considerable confusion, and with 
 the making of the new section, which plainly states, in 
 commensurate words, the elements of the offenses therein 
 included, this will be largely removed. 
 
 The system of postal supervision and preservation by 
 and through efficient Inspectors, ofttimes makes it nec- 
 essary to use what have been termed "decoy" letters. 
 A series of thefts may be reported at a certain office, 
 and by a process of elimination the Inspectors conclude 
 that the thefts occur during a certain watch. There may 
 be more than one man upon this watch, and it is entire- 
 ly unjust to suspect all of them. Decoys are, therefore, 
 used. These decoy letters are sometimes called "test" 
 letters. The question arose as to whether or not such 
 letters could be the subject of the offense described and 
 punished by 5467, and the other articles akin thereto. 
 It is now settled, beyond dispute, that such letters may 
 be the subject of the offenses defined. In Hall vs. United 
 States, 168 U. S., 631; 42 Law Ed., 607, the point was 
 raised as follows, which is taken from that case: 
 
 "The evidence showed that the Government detectives prepared 
 a special delivery letter designed as a test or decoy letter, containing 
 marked bills, and delivered it, bearing a special delivery stamp, to the 
 nght-clerk in charge of Branch Station 'F' of the post-office. The 
 defendant was not a letter carrier, but a clerk employed at that 
 office, whose duty it was to take charge of special delivery letters, 
 enter them in a book for that purpose, and then place them in course 
 of transmission. The letter in question was addressed to Mrs. Susan 
 Metcalf, a fictitious person, 346 East Twenty-fourth Street, New York 
 City, a fictitious number. The letter was placed by the night clerk 
 with other letters upon the table, where such letters were usually 
 placed, and the defendant, entering the office not long after, took this 
 letter, along with the others on the same table, removed them to his 
 desk, and properly entered the other letters, but did not enter this letter. 
 On leaving the office, not long after, the omission to enter the letter 
 having been observed, he was arrested, and the money contents of the 
 letter, marked and identified by the officers, were found upon his per-
 
 160 Federal, Criminal Law Procedure. 
 
 son. The officers testified upon cross examination that the address 
 was a fictitious one; that the letter was designed as a test letter, 
 and that they did not intend that the letter should be delivered to Mrs. 
 Susan Metcalf, or that address, and that it could not be delivered to 
 that person at that address.'' 
 
 Upon this state of facts, the Supreme Court held that 
 the facts stated an offense, and the evidence was entire- 
 ly sufficient to sustain the conviction upon the latter part 
 of Section 5467, which did not include the words "in- 
 tended to be conveyed by mail." The Court cites Good 
 vs. United States, 159 U. S., 663; 40 Law Ed., 297; Mont- 
 gomery vs. United States, 162 U. S., 410; 40 Law Ed., 
 1020. 
 
 I have spoken in a preceding paragraph of the use of 
 decoy letters by government inspectors and the approval 
 of such use by the Courts as expressed in Hall vs. U. S. 
 Judge Bourquin draws a distinction in United States 
 vs. Healy, 202 Federal, 349, between the proper and the 
 improper use of the decoy. Such distinction is most 
 pleasing since everyone dislikes to approve any course on 
 the part of the official which appears to be overreaching 
 or which suggests to the weak an easy way to get money 
 or something of value. In the Healy case it was said 
 that decoys are permissible to entrap criminals or to 
 present opportunity to those having intent to or who are 
 willing to commit crime, but not to create criminals, or 
 to ensnare the law abiding into committing an offense 
 without an intent to do so. Where a statute makes an 
 act a crime regardless of the actor's intent or knowl- 
 edge, ignorance of fact is no excuse if the act is done 
 voluntarily; but if done on solicitation by the govern- 
 ment's instrument to that end, ignorance of fact shows 
 the act to have been involuntary and estops the govern- 
 ment from claiming a conviction. 
 
 The observations in that case were based upon facts 
 which showed that the government's decoy claimed that 
 he was not an Indian when as a matter of fact he was, 
 and upon his representation that he was not an Indian 
 the defendant acted and sold him spirituous liquors. 
 The court, of its own motion, set aside the conviction.
 
 Postal Crimes. 161 
 
 It will be observed that the new statute uses the word 
 "such," which means, beyond any question of a doubt, 
 a letter, postal-card, package, bag, or mail, which was 
 intended to be conveyed by mail, or carried or delivered 
 by a carrier, messenger, agent, or other person employed 
 in a Department of the postal service, or forwarded 
 through, or delivered from, any post-office or station. If, 
 therefore, the testimony of the Government Inspector 
 should disclose that he did not intend that the decoy or 
 test should be carried or delivered or conveyed by mail, 
 or forwarded through, or delivered from, any post-office, 
 then and in that event, the new section would not be suf- 
 ficiently broad to prosecute an employee who stole a de- 
 coy or test letter. Hall vs. U. S., 168 U. S., 631. The 
 last portion of the old statute 5467 made it an offense for 
 any such person, to wit, employee, to take any of the 
 things mentioned therein out of any letter, packet, bag, 
 or mail which had come into his possession as such em- 
 ployee; which is vastly different in its broadness from 
 the present statute. 
 
 The case of Ennis vs. United States, 154 Federal, 842, 
 decides that a piece of mail matter which had been set 
 aside by a dishonest employee to be later taken, and 
 which was discovered by an inspector, and taken to the 
 addressee, from whom the inspector secured permission 
 to open the packet, and thereupon marked certain bills, 
 and placed them in the said packet, and then returned 
 the packet, where the employee had left it, such em- 
 ployee afterwards taking the packet: held, that the 
 packet, at the time it was returned by the Inspector, had 
 not ceased to be mail matter, and that the defendant 
 was, therefore, properly convicted of embezzling the 
 same, in support of which the Court cites Scott vs. United 
 States, 172 U. S., 343; 43 Law Ed., 471, and also ar- 
 gues that a letter delivered to the wrong address, and re- 
 mailed with the canceled stamp thereon, if stolen after 
 being re-mailed, would appear to be an offense under 
 the section. In the case of Bromberger vs. United States, 
 128 Federal, 346, the Court held that a letter properly 
 stamped, with the receiving stamp of the office thereon, 
 ll
 
 102 Federal Criminal Law Procedure. 
 
 and placed in a carrier's pigeon hole at a postal station, 
 with other letters addressed to a real person on his route 
 ; s "intended to be conveyed by mail," and its abstrac- 
 tion by the carrier, and the taking of the money there- 
 from constitutes an offense under 5467, although it was 
 placed there by postal inspector for the purpose of test- 
 ing the carrier's honesty. 
 
 The difference between the Bromberger case and the 
 TTall case is, that the test or decoy in the Bromberger 
 case was addressed to an actual person, and was intended 
 for delivery to such person, while in the Hall case, it 
 was a fictitious address, and no such delivery could be 
 made. Under the new statute, therefore, the indictment 
 must allege, and the proof must show, that the matter 
 was intended to be conveyed by mail, or carried or de- 
 livered by a carrier, messenger, agent, or other person 
 employed in a Department of the Postal Service, or for- 
 warded through or delivered from any post-office or 
 station thereof, established by authority of the Postmas- 
 ter General, and if the decoy or test be to a fictitious 
 person, at an address where the delivery cannot be 
 made, it would not, under the new statute, be an offense. 
 
 Under the authority of Shaw vs. United States, in 165 
 Federal, page 174, the indictment must allege lawful 
 possession, but under the authorities of United States vs. 
 Trasp, 127 Federal, 471, and Bowers vs. United States, 
 148 Federal, 379, and United States vs. Falkenhainer, 
 21 Federal, 624, it is not necessary to allege the owner- 
 ship of the packet. The employee, under the present 
 section, whether he be postmaster or other person, can 
 offend against the new law only when he is such em- 
 ployee, has mail entrusted to him, or has mail in his pos- 
 session when the same was to be conveyed and delivered 
 as hereinbefore shown. So, too, it will be noticed that 
 the new section makes it an offense to secrete, embezzle, 
 or destroy any such letter, postal card, package, bag, or 
 mail, and also makes it an offense to steal, abstract, or 
 remove from any such package, bag, or mail, any article 
 or thing therein, and does not make use of the word 
 'value." In other words, any article, whether of value
 
 Postal Crimes. 163 
 
 or not, and any letter or packet, whether it has any ar- 
 ticle in it or not, under this new section, is protected by 
 its provisions, and it is thought that this broadness 
 comes by reason of its comprehending the elements of 
 3890 and 3891, as well as those of 5467. Other cases bear- 
 ing upon these three sections are Alexis vs. United 
 States, 129 Federal, 60; Chitwood vs. United States, 153 
 Federal, 551; United States vs. Kerr, 159 Federal, 185; 
 United States vs. Wilson, 44 Federal, 59.3; United States 
 vs. Lacher, 134 U. S., 624; United States vs. Delany, 55 
 Federal, 475; United States vs. Gruver, 35 Federal, 59; 
 United States vs. Byrne, 44 Federal, 188; Walster vs. 
 United States, 42 Federal, 891; United States vs. Mat- 
 thews, 35 Federal, 890; Eosencrans vs. United States, 
 165 U. S., 257; in re Wight, 134 U. S., 136; U. S. vs. Tay- 
 lor, 37 Federal, 200; Jones vs. United States, 27 Federal, 
 447; U. S. vs. Hamilton, 9 Federal, 442; Scott vs. United 
 States, 172 U. S., 343. 
 
 § 51a. For a fact case under Section 195, see Wel- 
 sing vs. United States, 218 Federal, 369. 
 
 An indictment under this Section need not describe 
 the article contained in the mail package with the same 
 particularity as in a prosecution for forgery or lar- 
 ceny, but the article must be stated and sufficiently de- 
 scribed so as to apprise the defendant of the charge 
 against him and so as to protect him against a second 
 prosecution for the same offense. An indictment which 
 charged that a letter contained "articles of value" to 
 wit, "$12 in money of the IT. S." was, sufficient under 
 this statute to charge an offense. Shaw vs.'U. S., 180 
 Federal, 348. An offense under this Section may be 
 prosecuted in either the district where article "re- 
 moved" or the one into which the article is taken with 
 the evil intent. Perara vs. U. S., 221 Federal, 213. 
 
 51aa. Decoy Letters. 
 
 A "test" letter is protected even though the inspector 
 testified that he intended to withdraw it, McShann vs. 
 U. S. 231 Fed. 923. 
 
 See also Hanish vs. U. S. 227 Fed. 584, and see Sec. 
 51.
 
 184 Federal Criminal Law Procedure. 
 
 51b. Opening Mail Unauthorized. 
 The Act of June 15, 1917, reinacted that provision of 
 the statute which reads as follows: — 
 
 "Except dead letter office or with a search warrant," no one is author- 
 ized to open a letter." 
 
 51c. Injury to Letter Boxes, etc., 
 
 Sec. 198 of the Code, see Penal Code herein, was 
 amended by the Act of May 18, 1916, so as to include the 
 following: — 
 
 "That whosoever shall wilfully or maliciously injure, tear down, or 
 destroy any letter boxes or other receptacle intended or used for the 
 receipt or delivery of mail on any mail route or shall break open the 
 same or shall wilfully or maliciously injure, defraud" or destroy any 
 mail deposited therein," 
 
 shall be fined not more than a thousand dollars or by 
 three years imprisonment. 
 
 This act together with the decisions of the Supreme 
 Court in Rosen vs. U. S. 245 U. S. 467, gives complete 
 protection to mail until it actually reaches the ad- 
 dressee and tends to overturn the case of U. S. vs. Lee 
 90 Fed. 256, cited under Sec. 52. 
 
 See also the case of U. S. vs. Lophansky, 232 Fed. 297, 
 which holds that one commits no federal offense by tak- 
 ing mail that was left "on" the mail box. 
 
 Mail is property and the Postoffice Department has 
 full power to protect it, Packas vs. U. S. 240 Fed. 350. 
 
 By Sec. 194 of the Postmaster General's regulations 
 it is provided that any receptacle intended for mail is 
 protected by the federal law. 
 
 § 52. Stealing, Secreting, Embezzling, Etc., Mail 
 Matter or Contents.— Section 194 of the new Code is in 
 substitution of Sections 3892 and 5469 and 5470 of the 
 Code of 1878, and by the wideness or latitude of punish- 
 ment and generality of its phraseology, includes all of 
 the offenses enumerated in the old sections. 3892 was 
 limited originally to the taking of mail for the purpose 
 of prying into the business or secrets of another, and 
 5469 originally was for the taking of mail matter by 
 theft or other unlawful method by any person not em- 
 ployed in the postal service. It is only by being famil- 
 iar with Section 5467 and 3891 and 3890, as heretofore
 
 Postal Crimes. 165 
 
 treated, that we conclude that 5469 related to persons 
 other than postal employees. Under the terms of Sec- 
 tion 194, as it now reads, one who, by misrepresentation 
 or pretense, secures from a post-office mail directed and 
 intended for another, is liable to the penalties of that 
 section. For instance, one who calls for the mail of 
 another, representing that he has authority to receive 
 the same, and thereafter commits unlawful act with the 
 mail, is subject to the penalty. The authorities cited 
 supra in the construction of Section 195 are applicable to 
 decoy and test letters under 5469 of the old statute or 
 194 of the new statute. The authority of the United 
 States vs. Meyers, 142 Federal, 907, with reference to 
 5469, seems to be applicable to the needs of an indict- 
 ment and proof under new Section 194. The indictment 
 must allege that the stealing, taking, or obtaining by 
 fraud of any letter or other mail matter and the embez- 
 zlement of the same or its contents must be either 
 fraudulent or unlawful, and an indictment which leaves 
 this open to inference is defective. Thus, an indictment 
 which by inference may allow the letter charged to have 
 been taken to have been delivered to and received by the 
 defendant through a mutual mistake, is insufficient. 
 Mail matter that has been delivered by the Postal De- 
 partment to its address thereby passes from the protec- 
 tion of the Federal Government. A letter addressed to 
 John Smith, in care of Jones, and delivered to Jones, 
 and thereafter stolen or embezzled or treated unlawfully, 
 cannot be made the subject of the above article. It must 
 still be in the custody of the Post-office Department be- 
 fore one can be prosecuted under the Federal statutes 
 for an unauthorized and unlawful act with reference 
 thereto. Thus, a letter delivered by the Post-office De- 
 partment to the desk of the addressee, upon which it 
 was placed by the mail carrier in the absence of any one 
 to receive it, is not protected by any Federal statute. In 
 United States vs. Safford, 66 Federal, 942, one was ar- 
 rested upon an information charging him with embez- 
 zling a letter containing an article of value, which had 
 been in the United States Post-office at St. Louis and
 
 166 Federal, Criminal Law Procedure. 
 
 had not been delivered to the person addressed, but that 
 the letter had been placed by the mail carrier upon the 
 desk of the addressee, from whence it was stolen by the 
 defendant. The Court held that Congress only intended 
 to secure the sanctity of the mail while it was in the 
 custody of the Postal Department en route from the 
 sender to the person to whom it was directed. Beyond 
 the protection of the mail while discharging the func- 
 tions of postal service with respect to it, the Federal 
 Government has no rightful power or legal concern. 
 
 Thus, a letter directed to a person, care Kimball House, 
 when delivered by a carrier at the office of the Kimball 
 House, is delivered to the person to whom it was ad- 
 dressed, within the meaning of the law; and the duty of 
 the postal authorities with respect to such letter hav- 
 ing been full performed in accordance with the direction 
 of the sender, a subsequent wrongful taking of such letter 
 by another is not an offense under said section, nor one 
 cognizable by the Courts of the United States. United 
 States vs. Lee, 90 Federal, 256. See also U. S. vs. Mc- 
 Cready, 11 Federal, 225. 
 
 It is not thought that United States vs. Hilbury, re- 
 ported in 29 Federal, 705, is good authority. The judge 
 in that case charged the jury in substance that a letter 
 in care of F. Kressel, directed to A, and delivered by the 
 mail carrier to Kressel, and taken by an authorized per- 
 son from Kressel after such delivery, was a violation of 
 3892. Clearly, the letter had been delivered, so far as 
 the Postal Department was concerned, and the protec- 
 tion and custody and jurisdiction of the United States 
 had ceased. The entire weight of authority is against 
 the decision in 29 Federal, just above cited, and the fol- 
 lowing decisions support the doctrine of 66 and 90 Fed- 
 eral, cited supra: — United States vs. Persons, 2 Blatchf., 
 104; United States vs. Driscoll, 1 Lowell, 303; U. S. vs. 
 Sander, 6 McClain, 598; U. S. vs. Thomas, 28 Federal 
 Cases 16471; U. S. vs. Huilsman, 94 Federal, 486; U. S. 
 vs. McCready, cited supra, 11 Federal, 225, must be dis- 
 tinguished from the weight of authority, and it is thought 
 that the learned judge there used expressions ill ad-
 
 Postal Crimes. 167 
 
 visedly that seem to support the decision in the 29 Fed- 
 eral. 
 
 It must also be borne in mind that one who secures 
 lawfully from the Postal Department a letter belonging 
 to an other, and who thereafter forms the design to com- 
 mit an unauthorized act, as denned by the statute, with 
 reference thereto, is not amenable to the Federal statute. 
 It is true that the intent is usually presumed from the act 
 itself, Reynolds vs. U. S., 98 U. S., 145, but if it could be 
 clearly shown that the original taking was lawful and 
 thereafter the unlawful design was formed, the Federal 
 offense would be incomplete. United States vs. Smith, 
 11 Utah, 433; United States vs. Wilson, 44 Federal, 593; 
 United States vs. Inabnet, 41 Federal, 130. This intent 
 should be left to the jury by proper charge, not only when 
 raised by the evidence of the defense, but upon the Gov- 
 ernment 's case itself; in other words, it is a part of the 
 facts that must be proven by the Government, inferred 
 though it may be by the jury from the facts of the case. 
 
 Section 194, as now enacted, reads as follows: 
 
 Whoever shall steal, take, or abstract, or by fraud or deception 
 obtain, from or out of any mail, postoffice, or station thereof, or other 
 authorized depository for mail matter, or from a letter or mail carrier, 
 any letter, postal-card, package, bag, or mail, or shall abstract or re- 
 move from any such letter, package, bag, or mail, any article or thing 
 contained therein, or shall secrete, embezzle, or destroy any such 
 letter, postal-card, package, bag, or mail, or any article or thing con- 
 tained therein; or whoever shall buy, receive, or conceal, or aid in 
 buying, receiving, or concealing, or shall unlawfully have in his posses- 
 sion, any letter, postal-card, package, bag, or mail, or ony article or 
 thing contained therein, which has been so stolen, taken, embezzled, or 
 abstracted, as herein described, knowing the same to have been so 
 stolen, taken, embezzled, or abstracted; or whoever shall take any let- 
 ter, postal card, or package, out of any post-office or station thereof, or 
 out of any authorized depository for mail matter, or from any letter 
 or mail carrier, or which has been in ony post-office or station there- 
 of, or other authorized depository, or in the custody of any letter or 
 mail carrier, before it has been delivered to the person to whom it 
 was directed, with a design to obstruct the correspondence, or try to 
 pry into the business or secrets of another, or shall open, secrete, em- 
 bezzle, or destroy the same, shall be fined not more than two thousand 
 dollars, or imprisoned not more than five years, or both."
 
 168 Federal Criminal Law Procedure. 
 
 The following cases may be of interest relating to the 
 original three sections that this section is substituted 
 for: — United States vs. Trosper, 127 Federal, 476; Brown 
 vs. United States, 148 Federal, 379; United States vs. 
 Jones, 80 Federal, 513; United States vs. Hall, 76 Fed- 
 eral, 566; United States vs. Thomas, 69 Federal, 588; 
 Grimm vs. United States, 156 U. S., 604; Goode vs. United 
 States, 159 U. S., 663; Montgomery vs. United States, 162 
 U. S., 400; Hall vs. United States, 168 U. S., 632; Scott vs. 
 United States, 172 U. S., 343; United States vs. Dorsey, 40 
 Federal, 752; Walster vs. United States, 42 Federal, 891; 
 United States vs. Wilson, 44 Federal, 593. 
 
 It will be noticed that the new section leaves out the 
 word "value" with reference to any article so contained 
 in the mail matter. It simply uses the word "article" 
 without stating that the same shall be of value, as did 
 the old law. 
 
 § 52a. An indictment under Section 5470, which is a 
 part of new Section 194, which alleges that the defend- 
 ant did wilfully, etc., receive from a certain described 
 bank notes of a specified value, which had been knowing- 
 ly, etc., stolen from the mails and that the defendant, at 
 the time and place of receiving and concealing, etc., knew 
 the same to have been unlawfully and feloniously stolen 
 and carried away from the mails of the United States, 
 imported that the concealment by defendant was done 
 with an unlawful intention and was therefore not ob- 
 jectionable for failure to charge the intent or the name 
 of the owner. Thompson vs. U. S., 202 Federal, 401. 
 
 52aa. Mail Protected. 
 
 Eosen vs. U. S., 245 U. S., 467; U. S. vs. Lophansky, 
 232 F. 297; Pakas vs. U. S., 240 F. 350. 
 
 § 53. Obscene, Etc., Matter, Non-mailable, and Pen- 
 alties. — Section 211 of the new Code reads as follows: 
 
 "Every obscene, lewd, or lascivious, and every filthy book, pamphlet, 
 picture, paper, letter, writing, print, or other publication of an inde- 
 cent character, and every article or thing designed, adapted, or in- 
 tended for preventing conception or producing abortion, or for any 
 indecent or immoral use; and every article, instrument, substance, 
 drug, medicine, or thing which is advertised or described in a man-
 
 Postal Crimes. 169 
 
 ner calculated to lead another to use or apply it for preventing con- 
 ception or producing abortion, or for any indecent or immoral pur- 
 pose; and ever written or printed card, letter, circular, book, pam- 
 phlet, advertisement, or notice of any kind giving information directly 
 or indirectly where, or how, or from whom, or by what means any 
 of the hereinbefore-mentioned matters, articles or things may be ob- 
 tained or made, or where or by whom any act or operaton of any 
 kind for the procuring or producing of abortion will be done or per- 
 formed, or how or by what means conception may be prevented or 
 abortion produced whether sealed or unsealed, and every letter, packet, 
 or package, or other mail matter containing any filthy, vile or indecent 
 thing, device, or substance; and every paper, writing, advertisement, 
 or representation that any article, instrument, substance, drug, medi- 
 cine or any thing may, or can be, used or applied for preventing con- 
 ception or producing abortion, or for any indecent or immoral purpose, 
 and every description calculated to induce or incite a person to so 
 use or apply any such article, instrument, substance, drug, medicine, ot 
 thing, is hereby declared to be nonmailable matter and shall not be 
 conveyed in the mails or delivered from any post-office or by any 
 letter carrier. Whoever shall knowingly deposit, or cause to be de- 
 posited for mailing or delivery, anything declared by this section to 
 be non-mailable, or shall knowingly take, or cause the same to be 
 taken from the mails, for the purpose of circulating or disposing there- 
 of, or of aiding in the circulation of disposition thereof, shall be fined 
 not more than five thousand dollars, or imprisoned not more than 
 five years, or both." 
 
 This takes the place of 3893 of the old statute. It con- 
 tains one word, the exact limits and meaning of which 
 when used in criminal law, do not seem to be well defined 
 by any line of decisions. The word "filthy," as used in 
 the new section, has never before been used in 3893 or 
 any of its predecessors. The Century Dictionary defines 
 filthy to mean, foul, dirty, nasty, polluted, low, con- 
 temptible, mean, and gives as synonyms, impure, cor- 
 rupt, gross. In Reg. vs. Wood, 5 El. and Bl., 49, 85 E. 
 C. L., 49, shows what was held not to be filthy. In United 
 States against Benedict, 165 Federal, page 222, the Court 
 said that the present statute, (that is, 3893), did not pro- 
 tect against "offensive, filthy, and vulgar language," 
 when conveyed by a sealed wrapper, unless the language 
 will have, or may have, an immoral effect in a sense related 
 to sexual impurity upon those into whose hands the writ- 
 ten language may come. The Courts all along have al-
 
 170 Federal Criminal Law Procedure. 
 
 most universally construed Section 3893 to be directed 
 against such impurity as related to sexual matters and 
 gave rise to libidinous thought. If the addition of the 
 word "filthy" in the new statute broadens the construc- 
 tion, it will be welcome indeed, because under the pres- 
 ent authorities, the old section permitted a perfect sluice 
 of vulgarities and coarseness and obscenity to pass 
 through the United States mails unchallenged and un- 
 prosecuted. For instance, the courts have held that the 
 use of the word "son-of-a-bitch" in a sealed envelope 
 is not an offense. It would seem that under the diction- 
 ary definition of the word filthy, as quoted above, the 
 law would now comprehend the use of the word "bitch" 
 and the phrase "son-of-a-bitch" and "whore" "prosti- 
 tute" and a great many others that are used in an abu- 
 sive way toward the recipient of the mail. This, how- 
 ever, remains to be seen, and the construction of the 
 new statute will be welcomed if it now inhibits the use 
 of such expressions. 
 
 The use of the word "filthy" in the statute imports 
 that Congress intended to prohibit a class of offenses 
 that the Courts had failed to pronounce unlawful under 
 the old section. U. S. vs. Dempsey, 188 Federal, 450. 
 and this question should be submitted to the jury. 
 
 The term filthy added to the statute may be properly 
 defined as nasty, dirty, vulgar, indecent, offensive to the 
 moral sense, morally depraving and debasing, and after 
 such definition the final determination is with the jury. 
 Tyomies Publishing Co. vs. U. S., 211 Federal, 386. 
 An indictment under 211 must surely be as certain in 
 its allegations as the decisions demanded under 3893, 
 and must therefore, allege that the defendant knowinar- 
 ly deposited or caused to be deposited, and the best prac- 
 tice would seem to be to allege that he so deposited or 
 caused to be deposited with knowledge of the contents 
 or import of the writing or printing, as the case may be. 
 Such allegation is not specially required under the au- 
 thority of Price vs. United States, 165 U. S., page 308; 
 41 Law. Ed., page 727, but it is decidedly the best plead- 
 ing. Rosen vs. United States, 161 U. S., 29; 40 Law Ed.,
 
 Postal Crimes. 171 
 
 606. The mailing of obscene matter in answer to decoy 
 requests, such requests being made by postal inspectors 
 for the purpose of fixing absolutely the guilt of the send- 
 er or of an advertiser, are in violation of the statute, 
 and may be the basis of prosecutions. Price against 
 United States, cited supra, and Rosen vs. United States, 
 cited supra; Shepherd vs. United States, 160 Federal, 
 page 584. The indictment must also allege that the mat- 
 ter is non-mailable. United States vs. Clifford, 104 Fed- 
 eral, 296, but the indictment need not set out the obscene 
 matter. An allegation that the matter is too obscene, 
 lewd, and lascivious to be set out and made a part of the 
 records of the Court will satisfy the statute. 105 Fed- 
 eral, page 59; Tubbs vs. United States, 94 Federal, 356; 
 and the Rosen and Price cases cited supra. 
 
 The old question as to whether a private sealed letter 
 came within the meaning of the statute was definitely 
 settled by the Supreme Court in the case of Grimm vs. 
 United States 156 U. S., 604, which was followed by 
 Andrews vs. United States, 162 U. S., 420, which dis- 
 tinctlv held that the mailing of a private sealed letter 
 containing obscene matter, on the envelope of which 
 nothing appeared except the name and address, was an 
 offense within the meaning of the statute. 
 
 Recurring again to the sort of obscenity at which the 
 statute is directed, we find the case of United States vs. 
 Lamkin. 73 Federal, 459, where it was held that the 
 statute did not punish for the mailing of a letter which 
 was written for the purpose of seduction or to obtain 
 a meeting for an immoral purpose, provided such letter 
 was free from lewd, and indecent language, expressions, 
 or words. This case seems to be in conflict with the 
 great weight of authority, and with the spirit of the 
 statute. Assignations attempted to be made through the 
 United States mail, however chaste the language, are in 
 direct violation of the statute. United States vs. Mar- 
 tin, 50 Federal Rep., 918. In the Martin case, a letter 
 from a man to an unmarried woman, proposing a clan- 
 destine trip to a neighboring town and a return the next 
 morning, the man to pay expenses and five dollars be-
 
 172 Federal Criminal Law Procedure. 
 
 sides, was held to be an obscene letter within the mean- 
 ing of the Act. In line with the Martin case, seems to 
 be the case of Dunlop vs. United States, 165 U. S., 486, 
 in which it was held that newspaper advertisements giv- 
 ing information where courtesans could be found, came 
 within the Act, although such advertisements were 
 couched in the most chaste and elegant language. In 
 Swearingen vs. United States, 161 U. S., 446; 40 Law Ed., 
 765, the Supreme Court held that the words "obscene," 
 "lewd," and "lascivious," as used in the statute signi- 
 fied that form of immorality which has relation to sexual 
 impurity, and have the same meaning given them at Com- 
 mon Law in prosecutions for obscene libels, and, there- 
 fore, do not extend to language although it may be ex- 
 ceedingly coarse and vulgar, and plainly libelous, if it 
 has not a lewd, lascivious, and obscene tendency, calcu- 
 lated to corrupt and debauch the mind and morals. 
 This definition supports, it would seem, the line of au- 
 thorities upholding the Martin decision, cited supra, and 
 also limits the purpose of the original statute to such ob- 
 scenity. In the Swearingen case, the prosecution was for 
 the mailing of a paper which contained the coarsest pos- 
 sible language toward another, and the language would 
 unquestionably have been construed "filthy," had that 
 word been included in the statute, unless the Courts are 
 to determine that the word filthy," as used in the new 
 statute, was purposelessly used by Congress. To the 
 same effect is United States vs. O'Donnell, 165 Federal, 
 218; United States vs. Benedict, 165 Federal, 221; Konda 
 vs. United States, 166 Federal, 91. The question as to 
 whether the matter is obscene within the meaning of 
 the law, as defined by the judge, must be submitted to 
 the jury. It is quite true that there are some decisions 
 to the contrary, but all of the reasoning, as well as the 
 weight of authority, seems to be that the question should 
 be left to the jury, because it is a question of fact. In 
 Konda vs. United States, 166 Federal, 93, the Court said: 
 
 "In our judgment, a defendant in a criminal case has the absolute 
 right to require that the jury decide whether or not the evidence 
 sustains each and every material allegation of the indictment. Mate-
 
 Postal Crimes. 173 
 
 rial allegations are allegations of fact, and each, as much as any other, 
 enters into a verdict of guilty. If the judge may decide that one or 
 another material allegation is proven, he may decide that all are 
 proven, and so direct a verdict of guilty. In a civil case, the judge 
 may exercise the power of directing a verdict for the plaintiff, when 
 there is no conflict in the evidence, and the only inference that can 
 be drawn by reasonable minds as to the ultimate facts in issue favors 
 the plaintiff. This power, we opine, grew out of the practical ad- 
 ministration of the fundamental power of review on a motion for a 
 new trial, the findings of the jury. In the civil cases above supposed, 
 if the jury should return a verdict for the defendant, the judge would 
 set it aside; and he would continue to set aside verdicts in that case 
 until one should be returned that was in accord with the undisputed 
 facts; so he cuts off the possibility of useless verdicts by directing 
 in the first instance, the jury to return the only verdict he will let 
 stand. But in a criminal case, if the jury returns a verdict for the 
 defendant, the judge, no matter how contrary to the evidence he may 
 think the verdict is, cannot set it aside and order a new trial. There- 
 fore, since the judge is without power to review and overturn a ver- 
 dict of not guilty, there is no basis on which to claim the power to 
 direct a verdict of guilty. Our conclusion is that an accused person 
 has the same right to have twelve laymen pronounce upon the truth 
 or falsity of each material averment in the indictment, if the evidence 
 against him is clear and uncontradicted, as he unquestionably would 
 have if it were doubtful and conflicting. Inasmuch as jurors are 
 rightly trusted in close and difficult cases, to maintain the peace and 
 dignity of organized society, surely they may be relied on in th«» 
 plain and simple ones." 
 
 In Knowles vs. United States, 170 Federal, page 410, 
 the Court assumes a similar position, and says: 
 
 "Upon this record, the only question before us is, whether the ar- 
 ticle is obscene, lewd, or lascivious, within the meaning of the statute. 
 If it was fairly open to the construction of falling within either of 
 these classes, it was the plain duty of the Court to submit the ques- 
 tion of its character to the jury. In all indictments under this statute, 
 there is a preliminary question for the Court to say whether the 
 writing could, by any reasonable judgment, be held to come within 
 the prohibition of the law. That is like the question of law in a 
 case of negligence, as to whether there is any substantial evidence 
 of negligence. It leaves a wide field for the sound, practical judgment 
 of the jury to determine the true character of the writing and its 
 probable effect upon the minds of readers. Whenever reasonable 
 minds might fairly reach different conclusions as to the character 
 of the writing, it is the duty of the Court to submit the question to 
 the jury."
 
 174 Federal Criminal Law Procedure. 
 
 and cites Rosen vs. United States, 161 U. S., 29; United 
 States vs. Bennett, 16 Blatchf., 342; United States vs. 
 Davis, 38 Federal, 326; United States vs. Harmon, 45 
 Federal, 418. 
 
 Under a plea of not guilty, each and every necessary 
 element alleged in the bill of indictment must be proven 
 beyond a reasonable doubt by the sovereignty, and each 
 of such elements, and the proof thereof to the measure 
 indicated, is to the satisfaction of the jury, and any per- 
 emptory charge against the defendant is violative of his 
 rights. 
 
 It is the duty of the Court to define the words obscene, 
 lewd, lascivious and filthy, etc., as used in the statute 
 and then leave it for the "jury to sav whether the facts 
 show such obscenity, lewdness, lasciviousness, etc. Bots- 
 ford vs. U. S., 215 Federal, 510; U. S. vs. Kennerly, 209 
 Federal, 119; Tyomies vs. U. S., 211 Federal, 389. 
 
 It is entirely immaterial that one who mails impure 
 matter, within the meaning of the statute, has a pure 
 motive; if the matter mailed is obscene, he is guilty. So, 
 also, the freedom of religion, and freedom of the press, 
 cannot be used as defenses to prosecutions under these 
 statutes. Knowles vs. United States, 170 Federal, 411; 
 Davis vs. Beason, 133 U. S., 333; 33 Law Ed., 637. 
 
 In 118 Federal, page 495, United States vs. Moblen- 
 ski, the Court held in substance that the matter must 
 tend to corrupt the morals of the person to whom it is 
 addressed. This decision is not thought to be supported 
 by the best authority. The addressee might, as a matter 
 of fact, be so morally obtuse as to be beyond further in- 
 jury or corruption, but the letter might fall into the hands 
 of innocent persons; and the test is, whether the contents 
 would bring the blush of shame to the cheek of virtue, not 
 whether the contents would bring, the blush of shame 
 to the cheek of vice. See 160 Federal page 700, United 
 States vs. Musgrave, which holds that the law relates 
 to the reading matter, and not to the state of the mind 
 of the receiver. Under the Common Law, and for time 
 immemorial it was an offense to utter obscene language 
 in public places, or near a dwelling house, or in the pres-
 
 Postal Crimes. 175 
 
 ence of women, arid the purpose, therefore, of the Fed- 
 eral statute, it would seem, is to protect the innocent and 
 pure against having obscenity intruded upon their no- 
 tice. 
 
 The section, so far as it relates to the prevention of 
 conception and articles intended therefor, would require 
 that bill of indictment describe the thing advertised. 
 United States vs. Pupke, 133 Federal, 243. A somewhat 
 broader holding is in United States vs. Somers, 164 Fed- 
 eral, 259. See also Lee vs. United States, 156 Federal, 
 948. It is also held that a corporation may violate this 
 section. United States vs. Herald, 159 Federal, page 296. 
 
 In Ackley vs. U. S., 200 Federal, 218, it was held that a 
 decoy letter from a postoffice inspector relating to that 
 portion of the statute designed to prevent the mails from 
 the conveying of information as to where or from whom 
 instruments or information to prevent conception might 
 be obtained, might be made the basis of prosecution, but 
 that such postoffice inspector was an accessory and must 
 be treated as such. The letter of inquiry mailed by the 
 inspector and the answer thereto are both admissible. U. 
 S. vs. Kline, 201 Federal, 954. And it is entirely imma- 
 terial that such letters would upon their face give infor- 
 mation as to their true meaning to a stranger. U. S. vs. 
 Blenholm, 208 Federal, 492. And a letter which is an 
 answer to a prospective patient may be set forth in the 
 indictment without explanatory words to show wherein 
 it gave the inhibited information. Clark vs. U. S., 202 
 Federal, 740. 
 
 An indictment which contains no copy of the letter, no 
 averment that it was indecent; that it was unfit to be 
 spread upon the record of the Court, and no allegation 
 of its date, of the name signed to it, of the place where 
 it was. mailed, or of any words, figures, or marks which 
 it contains whereby it can be identified, does not state 
 the facts which constitute the offense charged with such 
 clearness and certainty as to enable the defendant to 
 avail himself of a conviction or acquittal thereon as de- 
 fense to a second prosecution for the same offense, and 
 is insufficient in face of a motion in arrest of judgment,
 
 176 Federal Criminal Law Procedure. 
 
 and the office of a bill of particulars is not to make a 
 bad indictment good. Floren vs. U. S., 186 Federal, 961. 
 
 See Stayton vs. U. S., 213 Federal, 224, as to allegation 
 of knowledge in the indictment. Under this statute, 
 knowledge, of course is an essential ingredient of the of- 
 fense. In other words, if one should deposit in the United 
 States mails any article inhibited by the statute it would 
 not be an offense unless such deposit was knowingly done. 
 
 An indictment which charges that the defendant receiv- 
 ed from the Postoffice Department a certain letter, a copy 
 of which was set out, and that thereafter in response 
 thereto did knowingly, etc., deposit, etc., for mailing and 
 delivery a certain envelope containing a letter giving in- 
 formation as he, the defendant well knew, as to how when, 
 where, of whom and by what means certain articles, etc., 
 intended to prevent conception, might be obtained, was 
 not demurrable for failure to allege that defendant knew 
 or believed the articles mentioned in the letter were de- 
 signed or intended to prevent conception. U. S. vs. Cur- 
 rey, 206 Federal, 322. This case also holds that this sec- 
 tion does not apply to a letter describing and advertising 
 certain articles in a manner calculated to lead another to 
 use and apply such articles for the prevention of concep- 
 tion, if it does not give information as to where they can 
 be obtained. 
 
 It is reversible error to ask highly prejudicial and im- 
 proper questions as to division of fees in abortion cases 
 upon trial of indictment charging the furnishing of in- 
 formation as to where an abortion might be secured. 
 Bombarger vs. U. S., 219 Federal, 841. A reading of the 
 case will raise doubt in the mind as to whether the ques- 
 tion was really improper. The defendant was being 
 tried for a similar offense and his agreement to divide 
 fees with another would seem to be relevant in showing, 
 not only intent, but willingness, and also as tending to 
 throw light upon true meaning of defendant's letters. 
 
 A deposit, under this Section, in a United States post- 
 office, is a deposit in a post-office box. Shepherd vs. 
 United States, 160 Federal, 584.
 
 Postal Chimes. 177 
 
 By an amendment to an Act in May, 1908, Congress 
 provided that the term "indecent," as used in the old 
 Section 3893, shall include matter of a character tending 
 to incite arson, murder, or assassination; but it is not 
 thought that any statement in the new Code would au- 
 thorize such meaning for the word "indecent" in Section 
 211. Federal Statutes Annotated, Supplement 1909, page 
 525. Other cases bearing upon this statute are the fol- 
 lowing: — Evans vs. United States, 153 U. S., 587; Grimm 
 vs. United States, 156 U. S. 608; Einker vs. United States, 
 151 Federal, 755; in re Rapier, 143 U. S., 110; Barnes 
 vs. U. S., 166 Federal, 113; United States vs. Musgrave, 
 160 Federal, 700; Hansom vs. United States, 157 Fed- 
 eral, 749; United States vs. Harris, 122 Federal, 551; 
 United States vs. Moore, 104 Federal, 78; United States 
 vs. Chase, 135 U. S., 117; United States vs. Reid, 73 
 Federal, 289; United States vs. Clark, 43 Federal, 574. 
 
 Postmark. — In U. S. vs. Noelke, 1 Fed. Rep., 426, which 
 was followed in U. S. vs. Williams, 3 Federal, 484, the 
 Court held that the postmark upon the envelope made a 
 prima facie case that the letter had been deposited in 
 the United States mail. 
 
 53a. Obscenity, Scurrilousness, Indecency, Knowl- 
 edge, Etc. — To be a violation of Sec. 211 the letter must 
 disclose its evil character, Sales vs. U. S., 258 F. 596. 
 
 An indictment is not invalid because it adds the word 
 indecent, though that word be not in the statute, Lock- 
 hart vs. U. S., 250 F. 610. 
 
 It is not an offense to mail a sealed obscene letter to 
 one's self was held in U. S. vs. Reinheimer, 233 F. 545. 
 But this decision seems to me to be in conflict with the 
 fundamentals upon which the reasoning with reference 
 to this statutes has been based. It is not a question, al- 
 together, of whether the matter would corrupt the ad- 
 dressee; the broader and safer rule seems to be that that 
 is an offense under this statute, when the matter would 
 bring the blush of shame to the cheek of virtue. A letter 
 addressed to one's self and carried through the mail 
 might never reach its destination, by some accident its 
 contents might be exposed enroute. 
 
 12
 
 178 Federal Criminal Law Procedure. 
 
 Judge Ray held in U. S. vs. Klauder, 240 F. 501, that 
 a letter which described the immoralities of priests was 
 not necessarily violative of this section and that, upon 
 demurrer, the court can decide whether the matter is so 
 clearly innocent that the question should not be submit- 
 ted to the jury. 
 
 On the other hand the Circuit Court of Appeals, in 
 Parish vs. U. S., 247 F. 40 held that a letter to a woman 
 threatening exposure of her compromising position with 
 a man could not, as a matter of law, be held not to be 
 obscene, etc., within the meaning of this statute. 
 
 Knowledge must be alleged always in the indictment,- 
 Moens vs. IT. S., 267 Fed. 318. It is not difficult for one 
 to imagine how an innocent person might, without know- 
 ing the character of a writing, mail it, but such a person 
 should not be held guilty if there was no knowledge of 
 the character of the writing. 
 
 For a judicial definition of the word "indecent" and 
 the word "filthy" as used in the present statute see U. S. 
 vs. Davidson, 244 Fed. 523. 
 
 The character of the addressee is not the subject of 
 the inquiry. In other words it is immaterial what sort 
 of a character the addressee may be in order to mal^e the 
 communication offensive; it is the words, the subject 
 matter and not the person, Bobbins vs. U. S., 229 Fed. 
 987. 
 
 For an indictment and the necessary ingredients there- 
 of to plead an offense under this statute, for the pre- 
 senting of conception see Wetzel vs. U. S., 233 Fed. 984. 
 
 The indictment must describe the offense, as if one 
 is indicted for conveying information with respect to the 
 performance of an abortion, there must be no uncertainty 
 in pleading that he was really willing to perform such au 
 operation; that is there must be the indication of a posi- 
 tive intent that the act will be done and not merely that 
 it may perhaps be performed, Bours vs.U . S., 229 Fed. 
 960. 
 
 The conclusion of an indictment may be disregarded. 
 Frisbie vs. U. S., 157 U. S. 160.
 
 Postal Crimes. 179 
 
 For the essentials of an indictment and an expression 
 as to when snch essentials amount to "due process," see 
 Fontana vs. U. S., 262 Fed. 283. 
 
 § 53b. Indictment. — Ordinarily documents essential 
 to the charge of crime must be sufficiently described to 
 make the contents thereof known, yet matter too of- 
 fensive or indecent to be spread on the record may be 
 referred to in a manner sufficient to identify it and advise 
 the accused of the document intended without setting 
 forth its contents and this course is applicable to an in- 
 dictment under this statute. Bartel vs. U. S., 227, U. S. 
 427. An indictment may set out a part only of a printing. 
 Winters vs. U. S., 201 Federal 845. An omission from an 
 indictment may be satisfied by a bill of particulars which 
 will be granted as a matter of course. Coomer vs. U. S., 
 213 Federal, 2; Bartel vs. U. S., 227, U. S., 427. U. S. vs. 
 Kennedy, 209 U. S, 219. 
 
 I believe that the whole instrument in which is con- 
 tained the alleged improper matter, whether book, pam- 
 phlet, paper, or writing, should be submitted to the jury 
 and included by them in their consideration as to whether 
 the alleged matter is unmailable. U. S. vs. Kennerly, 209 
 Federal, 119; Clark vs. U. S., 211 Federal 917. 
 
 § 53c. Matter Intended to Incite Arson, Murder or 
 Assassination. — The Act of March 4, 1911, added a most 
 unusual and seemingly incongruous meaning to the word 
 "indecent" as used in this section, such amendment be- 
 ing, "That the term 'indecent' within the intendment of 
 this section shall include matter of a character tending 
 to incite arson, murder or assassination." 36 Stats. L. 
 1335, page 302, 1st Vol. 1912, Supp. Fed. Stats. Ann. 
 
 § 53d. Prize Fight Films.— On July 31, 1912, the Con- 
 gress passed an Act providing as follows: 
 
 "§ 1. That it shall be unlawful for any person to 
 deposit or cause to be deposited in the United States 
 mails for mailing or delivery or to deposit or cause to bft 
 deposited with any express company or other common 
 carrier for carriage, or to send or carry from one state 
 or territory of the United States or the District of Co- 
 lumbia to any other state or territory of the United
 
 180 Federal Criminal Law Procedure. 
 
 States or the District of Columbia, or to bring or cause 
 to be brought into the United States from abroad any 
 film or other pictorial representation of any prize fight 
 or encounter of pugilists, under whatever name, which is 
 designed to be used or may be used for purposes of public 
 exhibition. 
 
 "§ 2. That it shall be unlawful for any person to take 
 or receive from the mails or any express company or 
 other common carrier, with intent to sell, distribute, cir- 
 culate or exhibit any matter or thing herein forbidden to 
 [sic] be deposited for mailing, delivery or carriage in 
 interstate commerce. 
 
 "§ 3. That any person violating any of the provisions 
 of this Act shall for each offense, upon conviction there- 
 of, be fined not more than one thousand dollars or sen- 
 tenced to imprisonment at hard labor for not more than 
 one year, or both at the discretion of the court." 37 
 Stats. L. 241, page 326, 1914 Supp. Fed. Stats. Ann. 
 
 Manifestly the statute is directed solely at the sending 
 of such prize fight films, etc., as are intended for public 
 exhibition or for the purpose of sale, distribution or cir- 
 culation, which words seem to be broader than the word 
 exhibition. The sending of such a film for one's own 
 convenience and without any thought of exhibiting or 
 selling or circulating the same would, of course, not be 
 unlawful. 
 
 The statute not only inhibits the sending of films but, 
 likewise any pictorial representation, which would in- 
 clude photographs of any other reproduction of such an 
 encounter or exhibition preserved by the arts of science. 
 It is not thought that the statute would prevent the 
 sending of films or pictorial representations of a simu- 
 lated prize fight. In other words, the film or represen- 
 tation, in order to be unlawful, must reproduce a genuine 
 prize fight, that is a fight for a prize or title or belt of 
 championship, and must be an encounter between pu- 
 gilists. 
 
 § 53d.d. Paid Editorial, etc. to be marked "Advertise- 
 ment." — Congress, on August 24, 1912, passed the fol- 
 lowing statute; "That all editorial or other reading mat-
 
 Postal Crimes. 181 
 
 ter published in any such newspaper, magazine, periodical 
 for the publication of which money or other valuable 
 consideration is paid, accepted or promised, shall be 
 plainly marked 'advertisement.' Any editor or publish- 
 er printing editorial or other reading matter for which 
 compensation is paid, accepted or promised, without so 
 marking the same, shall, upon conviction in any court 
 having jurisdiction, be fined not less than $50 nor more 
 than $500." 37 Stats. L. 553, page 316, 1914 Supp. Fed. 
 Stats. Ann. 
 
 The word "such" as used in this statute relates to 
 publications that are admitted into the United States 
 mails as second class matter. 
 
 This section is not unconstitutional as infringing the 
 freedom of the press and depriving one of property with- 
 out due process of law. Lewis Publishing Co. vs. Mor- 
 gan, 229 U. S., 288. 
 
 This Act, in the Section immediately preceding, also 
 provides that the names of the owners of the publication, 
 etc., shall be furnished the government at stated periods, 
 but no penalty is provided for a failure to do so, save and 
 except that the use of the mails shall be denied. 
 
 53d.d.d. Matter Intended to Incite Arson, Murder or 
 Assassination, Continued. — In an indictment under this 
 Sec. it is not necessary to set out the matter, though that 
 is the proper pleading, U. S. vs. "Wells, 262 Fed. 833. 
 
 An indictment may contain a count under Sec. 211 and 
 a count under Sec. 212. 
 
 53d.d.d.d. Espionage Act. — During the world's war 
 which begun in April 1917, so far as the United States is 
 legally concerned, the Congress passed what was called 
 an Espionage Act and the following cases are preserved 
 in the reports as following the extent of such legislation 
 and the judicial construction thereof. Debs vs. U. S., 
 249 U. S. 211; this case is based upon the obstruction of 
 recruiting. 
 
 For false reports and statements, Kirchner vs. U. S., 
 255 Fed. 301, remarks Ehuberg vs. U. S., 255 Fed. 865. 
 Book denouncing patriotism, Shaffer vs. IT. S., 255 Fed. 
 886. Insubordination, Coldwe'l vs. U. S., 256 Fed. 805.
 
 182 Federal Criminal Law Procedure. 
 
 Expression of opinion, Sandberg vs. U. S., 257 Fed. 643. 
 Intent, Schulze vs. U. S. 259 Fed. 189. Motion picture, 
 Goldenstein vs. U. S., 258 Fed. 908. False reports, Foster 
 vs. U. S., 253 Fed. 481. Public address, O'Hare vs. U. 
 S., 253 Fed. 538. Examples, Doe vs. U. S., 253 Fed. 903 
 and U. S. vs. Binder, 253 Fed. 978; Sugar vs. U. S., 252 
 Fed. 79. Indictment, elements and essentials, U. S. vs. 
 Schutte, 252 Fed. 213. Protection of Red Cross, U. S. 
 vs. Nagler, 252 Fed. 217. Obstructing enlistment, U. S. 
 vs. Nearing, 252 Fed. 223. Impeding enlistment, 252 Fed. 
 232. Refusal to subscribe to loan or Red Cross, U. S. 
 vs. Pape, 253 Fed. 270. Means of support, etc., U. S. vs. 
 Schulze, 253 Fed. 377. False questions, Pierce vs. U. S., 
 40 Sup. Ct. Rep. 205. False notarial certificate, U. S. vs. 
 Blakeman, 251 Fed. 306. Denouncing war, U. S. vs. Bou- 
 tin, 251 Fed. 313. Family conversation, Harshfield vs. 
 U. S., 260 Fed. 659; Goldman vs. U. S., 245 U. S. 474. 
 Publications, U. S. vs. Pierce, 245 Fed. 878. False state- 
 ments, Moses vs. Patten, 244 Fed. 535. Legitimate criti- 
 cism, Masses vs. Patten, 246 Fed. 24; "Wolf vs. U. S., 
 259 Fed. 388; U. S. vs. Sugarman, 245 Fed. 605. Insub- 
 ordination, U. S. vs. Kraft, 249F ed. 920. False state- 
 ments and whole seditious act, U. S. vs. Hall, 248 Fed. 
 150. 
 
 53d.d.d.d.d. The prize fight film act was declared con- 
 stitutional in Webber vs. Freed by the Supreme Court of 
 the United States, 239 U. S. 325. * 
 
 § 54. Libelous and Indecent Wrappers and Envel- 
 opes, Etc. — Closely akin, and for the same practical pur- 
 pose to Section 211, is Section 212 of the new Code. This 
 section was the result of a series of acts, which resulted 
 finally in the Act of September, 1888, First Supplement, 
 621, which is practically identical with the new Section. 
 212. Originally, scurrilous epithets by the Act of 1872, 
 on postal cards and envelopes were alone prohibited. By 
 the Act of March 3, 1873, the word " indecent" was add- 
 ed; by the Act of July 12, 1876, the words "lewd, ob- 
 scene, or lascivious" as adjectives and the words "de- 
 lineations, terms, or language" as nouns, were inserted;
 
 Postal Crimes. 183 
 
 and finally, by the Act of September 26, 1888, Section 212 
 reads as follows: 
 
 "All matter otherwise mailable by law, upon the envelope or outside 
 cover or wrapper of which, on any postal card upon which any de- 
 lineations, epithets, terms, or language of an indecent, lewd, lascivious, 
 obscene, libelous, scurrilous, defamatory, or threatening character, 
 or calculated by the terms of manner or style of display and obviously 
 intended to reflect injurious upon the character or conduct of another, 
 may be written or printed or otherwise impressed or apparent, are 
 hereby declared non-mailable matter, and shall not be conveyed in 
 the mails nor delivered from any post-office nor by any letter carrier, 
 and shall be withdrawn from the mails under such regulations as the 
 Postmaster General shall prescribe. "Whoever shall knowingly deposit 
 or cause to be deposited, for mailing or delivery, anything declared 
 by this section to be non-mailable matter, or shall knowingly take 
 the same or cause the same to be taken from the mails for the pur- 
 pose of circulating or disposing of or aiding in the circulation or 
 disposition of the same, shall be fined not more than five thousand 
 dollars, or imprisoned not more than five years, or both." 
 
 Every decision and construction of the Act of 1888 is 
 material aid in understanding the present law, because, 
 as before stated, they are practically identical. 
 
 In a consideration of postal statutes and particularly 
 such statutes as inhibit the use of this utility for what 
 Congress has called improper and unlawful purposes, we 
 must bear in mind that an unrestricted use is not one of 
 the fundamental rights guaranteed by the Constitution. 
 Warren vs. U. S., 183 Federal, 718. It is not material 
 whether the objectional language is true or false or 
 whether the accused was actuated by public spirit or 
 private malice; hence the offering of a reward upon the 
 outside cover of a piece of mail which reflects injuriously 
 upon some person is against the law. Warren vs. United 
 States, 183 Federal, 718. 
 
 The court must submit to the jury the determination 
 of whether or not a delineation or other display is calcu- 
 lated to reflect injuriously upon the character of the 
 person addressed. The reasons for this are just as strong 
 as those urged in support of the submission of any other 
 question of fact upon a plea of not guilty to the jury. 
 The Court cannot determine, as a matter of law, that any
 
 184 Federal, Criminal Law Proceduee. 
 
 particular delineation or display is in violation of the 
 statute. Of course, it is not meant to here indicate that 
 the Court may not express his opinion thereon. He al- 
 ways has this right. 
 
 In United States vs. Dodge, 70 Federal, 235, the pro- 
 prietor of a collection agency adopted a method of pro- 
 ceeding by which, on failure of debtors to pay on first 
 demand, a dunning letter was sent through the mails, en- 
 closed in a pink colored envelope, and if this did not 
 receive a favorable response, another letter was sent 
 enclosed in a black envelope, addressed in white letters. 
 The purpose of these letters was universally known to 
 the post-office employees. Having been arrested on a 
 charge of violation of the Act of September 26, 1888, 
 in respect to non-mailable matter, he sued out a writ of 
 habeas corpus, and the Court held that the use "of such 
 envelopes was a delineation within the meaning of the 
 statute, and that whether the effect was to reflect in- 
 juriously upon the character or conduct of the addressee 
 was a question for the jury, upon a trial for the offense, 
 for which reasons the prisoner was remanded. While 
 the Court did not pass upon the identical question as to 
 whether the determination of the injurious character of 
 the delineations was for the jury, and not the Court, yet 
 the decision is strongly persuasive. In United States vs. 
 Brown, 43 Federal, 135, upon a demurrer to an indict- 
 ment under this statute, the Court said: 
 
 "The respondent is indicted for depositing for mailing and delivery 
 matter, upon the envelope of which the words 'Excelsior Collection 
 Agency' were printed in large letters, and calculated by the terms ond 
 style of display, and obviously intended to reflect injuriously upon the 
 
 character and conduct of the person addressed To make a matter 
 
 non-mailable and to constitute the offense, that the delineation is cal- 
 culated and obviously intended to so reflect, must be apparent from 
 an inspection of the envelope The manner of display might in- 
 dicate clearly whether the words were placed there for injurious re- 
 flection upon that person, or for legitimate transmission of the con- 
 tents of the envelope through the mails Whether the display of 
 
 the words upon the envelope would support the averments of the in- 
 dictment, would be a question of fact for a jury." 
 
 See also United States vs. Olney, 38 Federal, 328.
 
 Postal Crimes. 185 
 
 What Is Outside Cover or Wrapper?— A very interest- 
 ing and vital question is raised by the case of the United 
 States vs. Gee, 45 Federal, 194, wherein the District 
 Judge held, that, "the statute applied only to matter 
 exhibited upon an enclosing wrapper or cover and not to 
 matter which is contained in the body of the thing mail- 
 ed; that the statute being one constituting a criminal 
 offense, it cannot be extended by construction to cases 
 where there is no wrapper at all, even though such cases 
 may be within the reason and policy of the enactment." 
 This decision was with reference to a case arising upon 
 the mailing and delivery of a large number of four 
 page printed circulars about the size of a sheet of note 
 paper, upon the four pages of which was printed matter; 
 being an account of certain dealings between the defend- 
 ant and another; that these circulars, as deposited for 
 mailing and delivery, had no separate wrapper or cover 
 over them, but were folded twice into oblong shape, and 
 the postage stamps placed upon the circulars themselves. 
 
 The evident purpose of the statute was to prevent pa- 
 trons of the Post-office Department from sending through 
 the mails such matter as would or might easily attract 
 the eye of the distributing or handling clerks, by reason 
 of its being uncovered. It is submitted that an attack 
 upon another on a printed page of a newspaper or cir- 
 cular, upon which page the clerk or clerks must look to 
 find the address of the one to whom the paper is going or 
 must be delivered, is as apt to injure the addressee as 
 though the matter were upon a postal card or an envelope, 
 or upon a cover containing a newspaper, and that the one 
 so offending placed it upon the outside for that particular 
 purpose. The Century Dictionary, in defining the word 
 "cover," says, "It is something which is laid, placed, 
 or spread over, as the cover of a box, or the cover of a 
 dish, or the cover of a bed, or the cover of a book." It 
 is thought that the cover of a box, a dish, a bed, or a 
 book, is a part of the article itself, and thus, the cover 
 of a box is a part of a box, the cover of a dish is a part 
 of the dish, the cover of a bed is a part of the bed, and 
 the cover of a book is a part of a book. In United States
 
 186 Federal Criminal Law Procedure. 
 
 against Burnell, 75 Federal, 824, District Judge Woolson 
 distinguishes the Gee case, and disagrees with it. The 
 Burnell case was an indictment against the proprietor of 
 a collection agency for having mailed and caused to be 
 mailed a certain newspaper, on the first page of which a 
 motto showed that its purpose was to collect debts, and a 
 large part of the paper contained notices warning the 
 public against persons alleged to have failed to pay their 
 debts or asking information as to such persons. It ap- 
 peared that when an account was sent to the agency for 
 collection, the alleged debtor was notified that if not 
 paid, the account would be advertised in such newspaper 
 as being for sale, and the paper contained many such ad- 
 vertisements. It was apparent that the object of the 
 paper was to coerce the payment of money. In mailing 
 the paper, where more than one copy was to be sent to 
 the same post-office, the name of the persons to whom 
 the copies were to be delivered were placed on the front 
 (outside) page. Then the papers for the office are rolled 
 together in a package in one wrapper, and on that wrap- 
 per was written the name of the post-office. When the 
 package reached the post-office, the office employees tore 
 off the package wrapper, that they might find the names 
 of the persons to whom the papers were to be delivered, 
 and every clerk or carrier attached to that office through 
 whose hands a copy thus sent had to pass, must look at 
 this front (outside) page to ascertain the name of the 
 addressee. Upon this state of facts, Judge Woolson held 
 that "if the obnoxious matter is on the 'outside cover,' 
 the statute is made against its mailing, even though such 
 cover be not an 'enclosing wrapper or cover,' but over- 
 spreads or overlays the pamphlet or paper mailed." 
 
 This opinion is interesting and exhaustive, and clearly 
 upholds that construction of the statute which makes it 
 an offense to publish upon the outside page of a newspa- 
 per statements that reflect injuriously upon the character 
 of the addressee. 
 
 Judge Evans, in United States vs. Higgins, 194 Feder- 
 al, 539, chooses and follows the Gee case rather than the 
 Burnell case, placing his decision upon the rule that laws
 
 Postal Crimes. 187 
 
 which create a crime ought to be so explicit that all men 
 subject to their penalties may know of the acts it is their 
 duty to avoid, and before a man can be punished his 
 case must be plainly and unmistakably within the statute. 
 Duns and Postal Cards.— In United States against 
 Smith, 69 Federal, 971, the following language has been 
 held to come within the Act, when upon a postal-card: 
 "You have been righting time all along I will gar- 
 nishee and foreclose, but I dislike to do this if you will 
 be half white." In United States vs. Davis, 38 Federal, 
 326, the following was held to be a violation: "You are 
 sharp. All of you are on the beat." In United States vs. 
 Olney, 38 Federal, 328, the Court submitted the following 
 language to the jury, and the jury held that it was a vio- 
 lation, to wit: "Mr. Editor: I though that you were 
 publishing a paper for the wheel, but I see nothing but 
 rotten democracy. I am a republican and a wheeler, and 
 you can take your paper and democracy and go to hell 
 with it." So also, the following were held to be viola- 
 tions: "Your rent was due Thursday, February 25, 1892, 
 and has not been paid, and if not paid by Thursday, 
 March 3, 1892, I will place the matter in the hands of an 
 officer," United States vs. Elliott, 51 Federal, 807. "You 
 have promised, and do not perforin, and I see very plain- 
 ly you do not intend to pay any attention to my letters 
 or your agreements," U. S. vs. Simmons, 61 Federal, 640. 
 In United States vs. Boyle, 40 Federal, 664, the Court 
 held that this language, to wit, was not a violation: 
 "Please call and settle account which is long past due, 
 and for which our collector has called several times, and 
 oblige, ' ' but in the same decision the Court held that the 
 statement, "If it is not paid at once, we shall place the 
 same with our lawyer for collection," was not mailable, 
 and was a violation. For other cases bearing upon this 
 section, see United States vs. Pratt, 27 Federal, Cases 
 No. 16082; United States vs. Jarvis, 59 Federal, 357; 
 in re Barber, 75, Federal, 980; United States vs. Smith, 
 11 Federal, 663; ex parte Doran, 32 Federal, 76; U. S. vs. 
 Durant, 46 Federal, 753; U. S. vs. Loftin, 12 Federal, 
 671; U. S. vs. Elliott, 51 Federal, 807.
 
 i88 Federal Criminal Law Procedure. 
 
 Of course, when the matter is obscene, lewd, or las- 
 civious, then the authorities cited under Section 211 are 
 applicable. 
 
 See also Griffin vs. U. S., 248 F. 6, and U. S. vs. David- 
 son, 244 F. 523, which treats of the different phases of 
 these statutes; U. S. vs. Anderson, 268 F. 696 also offers 
 some suggestions on the indictment; see also U. S. vs. 
 Pendergrast with reference to postcards. 
 
 § 55. Use of the Mails for Fraudulent Purposes. — 
 The reliability, speed, and universality of the con- 
 veniences of the post-office establishment affords a reve- 
 nue-bringing vehicle for the unscrupulous. Many sorts 
 of frauds and schemes and artifices have, from time to 
 time, flourished for a season. A proposition attractively 
 stated in print, and addressed to a specific person, seems 
 to contain much more magnetism than spoken words or 
 general advertising. Just what per cent of the inhabi- 
 tants of the United States are credulous, has perhaps 
 never yet been determined, but the success of the fakir 
 would seem to indicate that a very large part of the 
 people, while they may not believe everything they see, 
 do believe nearly everything they read, especially if it be 
 addressed directly to them. Section 5480 of the old Code 
 was an Act intended to bring to justice those who made 
 this improper use of the mails. On March 2, 1889, 25 
 Stat, at Large, 873, I Vol. Sup. 694, this section was 
 amended, broadening and bettering it. 
 
 Section 215 of the new Code contains all of the ele- 
 ments of the last amendment with some additional words 
 and eliminations that make the Act comparatively com- 
 plete. The new Section also makes the punishment com- 
 mensurate with the offense, the penalties of the old stat- 
 ute being entirely too light. Section 215 reads as follows: 
 
 "Whoever, having devised or intending to devise any scheme or 
 artifice to defraud, or obtaining money or property by means of false 
 or fraudulent pretenses, representations or promises, or to sell, dis- 
 pose of, loan, exchange, alter, give away, distribute, supply, or furnish 
 or procure for unlawful use any counterfeit or spurious coin, bank note, 
 paper money, or any obligation or security of the United States, or of 
 any State, Territory, municipality, company, corporation, or person, 
 or anything represented to be or intimated or held out to be such
 
 Postal Chimes. 189 
 
 counterfeit or spurious article, or any scheme or artifice to obtain 
 money by or through correspondence, by what is commonly called the 
 'saw-dust swindle' or 'counterfeit-money fraud,' or by dealing or pre- 
 tending to deal in what is commonly called 'green articles.' 'green 
 coin,' 'green goods,' 'bills,' 'paper goods,' 'spurious Treasury notes,' 
 United States goods,' 'green cigars,' or any other names or terms in- 
 tended to be understood as relating to such counterfeit or spurious 
 articles, shall, for the purpose of executing such scheme or artifice or 
 attempting to do so, place, or cause to be placed, any letter, postal 
 card, package, writing, circular, phamphlet, or advertisement, whether 
 addressed to any person residing within or outside the United States, 
 in any post-office, or station thereof, or street or other letter box of 
 the United States, or authorized depository for mail matter, to be sent 
 or delivered by the post-office establishment of the United States, or 
 shall take or receive any such therefrom, whether mailed within or 
 without the United States, or shall knowingly cause to be delivered 
 by mail according to the direction thereon, or at the place at which 
 it is directed to be delivered by the person to whom it is addressed, 
 any such letter, postal card, package, writing, circular, phamphlet, or 
 advertisement, shall be fined not more than one thousand dollars, or 
 imprisoned not more than five years, or both." 
 
 Elements of the Offense. — The indictment must charge 
 and the proof must show, (a) the devising of a scheme or 
 artifice to defraud; (b) that such scheme or artifice to 
 defraud is to be effected by opening or intending to open 
 correspondence with such other person or persons 
 through the post-office establishment or by inciting such 
 other persons to open communication with them; and. 
 (c) that a letter or packet or some other mail matter 
 enumerated in the statute must be deposited or caused 
 to be deposited for mailing and delivery in the United 
 States mail. United States vs. Long, 68 Federal, 348; 
 Milby vs. U. S., 109 Federal, 638; U. S. vs. Post, 113 
 Federal, 852; Horman vs. U. S., 116 Federal, 350; Hume 
 vs. U. S., 118 Federal, 689; Stuart vs. U. S., 119 Federal, 
 89; Ewing vs. U. S., 136 Federal, 53; Brown vs. U. S.. 
 143 Federal, 60; Rumble vs. U. S., 143 Federal, 772. 
 
 Rimmerman vs. U. S., 186 Federal, 387; Horn vs. U. S., 
 182 Federal, 721; Humes vs. U. S., 182 Federal, 485. The 
 elements must be affirmatively charged on by the Court 
 and found by the jury. Smith vs. U. S. 208 Federal, 133. 
 
 Whether the element which I have called "b" is to be 
 present in violations under the section, remains to be
 
 190 Federal, Criminal Law Procedure. 
 
 seen, because the old section differed from the new in that 
 the old contained the words "to be effected by either 
 opening or intending to open correspondence or com- 
 munication with any person, or by inciting such 
 
 person or any person to open communication with the 
 person so devising or intending," which the new does 
 not contain. The new section simply demands, (1) the 
 formation of a scheme or artifice to defraud; (2) "shall 
 for the purpose of executing such scheme or artifice, .... 
 
 place or cause to be placed, any letter, etc., to be 
 
 sent or delivered by the post-office establishment." It 
 thus would seem, in the absence of the words "other 
 person," that one might, in the execution of a scheme 
 to defraud, wherein the use of the mails was contem- 
 plated, as required by the statute, devise a scheme, with- 
 in the meaning of the statute, so as to subject himself 
 to the penalty of the statute, and only use the mail in 
 addressing communications to himself. This was not 
 possible under the old statute. In Erbaugh vs. United 
 
 States, 173 Federal, 434, the Circuit Court of Appeals for 
 the Eighth Circuit held that one who devises a fraudu- 
 lent scheme to be effected by opening or intending to 
 open correspondence or communication with himself, by 
 means of the post-office establishment of the United 
 States, is guilty of no offense under 5480. The elements, 
 therefore, of an indictment under the new statute, are 
 the same as those under the old statute, with the possible 
 exception, as indicated above, that one may, under the 
 new statute, be guilty of the offense, even though he use 
 the mail only for the purpose of addressing himself, and 
 not for addressing his intended victim or victims. 
 
 The Courts have construed the new section with ref- 
 erence to the element b and have held as I indicated that 
 I felt they would hold. In other words, under the new 
 statute it is not necessary that the scheme or artifice to 
 defraud should have contemplated as a part of itself the 
 further idea that the post-office establishment should be 
 used. There are but two elements of the statute under 
 discussion and they are the elements a and c, namely the 
 devising of a scheme or artifice to defraud, and the plac-
 
 Postal Crimes. 19 L 
 
 ing or causing to be placed for transmission and delivery 
 a letter or packet in the United States mails. U. S. vs. 
 Young, 215 Federal, 268; U. S. vs. Goldman, 207 Federal, 
 1002; U. S. vs. Young, 232 U. S., 155; IT. S. vs. Maxey, 
 200 Federal, 1001. 
 
 Broadly speaking, the section ''includes everything de- 
 signed to defraud by representations as to the past or 
 present, or suggestions and promises as to the future. 
 
 The significant fact is the intent and purpose It 
 
 was with the purpose of protecting the public against all 
 such intentional efforts to despoil and to prevent the 
 post-office from being used to carry them into effect, that 
 this statute was passed; and it would strip it of value to 
 confine it to such cases as disclose an actual misrepresen- 
 tation as to some existing fact, and exclude those in 
 which is only the allurement of a specious and glittering- 
 promise." 5 Fed. Stats. Durland vs. United States, 161 
 U. S. 306. See also Horman vs. U. S., 116 Federal, 350. 
 In U. S. vs. Sherwood, 177 F., 596, Court simplifies in- 
 dictment. In Foster vs. U. S., 178 Federal, 165, C. C. A., 
 held scheme need not be repeated in second and succeed- 
 ing counts, if laid well in first and appropriately referred 
 to. 
 
 Actual misrepresentation is unnecessary provided the 
 representations that were made were intended and calcu- 
 lated to deceive and defraud, McCarthy vs. U. S., 187 
 Federal, 117, though " puffing " is not a violation, that is 
 to say use of extravagant statements is not necessarily an 
 offense particuliarly if the party himself believes. Har- 
 rison vs. U. S., 200 Federal, 662. Neither is a scheme 
 that is visionary necessarily fraudulent, Sandels vs. U. 
 S., 213 Federal, 569. It must be a scheme to defraud the 
 addressee and must be "scheme" or "device" and an 
 offer to sell loaded dice and marked cards is not such a 
 scheme. Stockton vs. IT. S., 205 Federal, 462. 
 
 Threatening Letter. — A scheme to extort money by 
 threatening to injure the reputation and character of 
 others by accusing them of heinous crimes in default of 
 payment of a large sum of money to the accusing, is a 
 scheme to defraud, within the meaning of this section.
 
 192 Fedeeal Criminal Law Procedure. 
 
 Fed. Stats. Ann., 5, page 976. Horman vs. United States, 
 116 Fed. 350, which affirms the lower court in the case 
 of the United States vs. Horman, 118 Federal, 780. 
 
 A scheme to secure money from one whose photograph 
 was secured in a compromising position with a woman, 
 under threat that the photograph would be published, is 
 within the statute. United States vs. Goldman, 207 Fed- 
 eral, 1002. Affirmed in Goldman vs. U. S., 220 Federal, 
 
 57. ' 
 
 Matrimonial agency, good indictment, see Glinn vs. U. 
 S., 177 Federal, 679. 
 
 Ordering Goods Without Intention to Pay. — A fruitful 
 source of revenue for this class of frauds has been the 
 use of the mails in ordering goods and merchandise, for 
 which they did not intend to pay. The Courts have very 
 justly held that such acts evidence the formation of a 
 scheme within the meaning of this section, and the intent 
 to not pay is drawn from the facts of the particular, case, 
 as, for instance, misrepresentation as to the solvency of 
 the person or firm ordering, misstatement as to the sort of 
 business engaged in, speedy sale of the goods and mer- 
 chandise when received at a price below cost or at cost, 
 and other facts that evidence no legitimate intent to en- 
 gage in a legitimate business. United States vs. Wood- 
 son, 35 Federal, 358; United States vs. Staples, 45 Fed- 
 eral, 195. It must be borne in mind that the intent not 
 to pay must exist before the credit is sought — must pre- 
 cede the order for the goods. United States vs. Wootten, 
 29 Federal, 702. 
 
 In United States vs. Evans, 153 U. S., 584, Mr. Justice 
 Brown says: 
 
 "If a person buys goods on credit in good faith, knowing that he 
 is unable to pay for them at the time, but believing that he will be able 
 to pay for them at the maturity of the bill, he is guilty of no offense, 
 even if he be disappointed in making such payment. But if he should 
 purchase them knowing that he will not be able to pay for them, 
 and with an intent to cheat the vendor, this is a plain fraud, and made 
 punishable as such by statutes in many states." 
 
 A scheme to sell false certificates to old soldiers is a 
 violation. Blanton vs. U. S., 213 Federal, 320. Ordering
 
 Postal Crimes. 193 
 
 whiskey with no intention to pay and securing the bill of 
 lading by false representations and sending a check that 
 there was no intention should be paid, constitute a scheme 
 within the meaning of the statute. Charles vs. U. S., 213 
 Federal, 707. The making of a false financial statement 
 to a commercial agency with knowledge that it was false 
 and that it would be used as a basis for the sale of goods 
 on credit is an offense under this statute. Todd vs. U. S., 
 221 Federal 205; Scheinberg vs. U. S., 213 Federal, 758. 
 Selling stock in a corporation for the alleged promotion 
 of the wireless telegraph by false representations is a 
 misuse of the mails. Parker vs. U. S., 203 Federal, 950. 
 The selling of cheap books by representation of excessive 
 value, etc., is false, even though matter of opinion. Unit- 
 ed States vs. Farmer, 218 Federal, 929. 
 
 Indictment. — It is absolutely necessary that the indict- 
 ment allege the sort of a scheme or artifice which sort 
 must include a determination to use the Post-office estab- 
 lishment, and in addition must allege that the defendant 
 deposited or caused to be deposited in the Post-office 
 for mailing and delivery, mail matter, in pursuance of 
 the scheme. 
 
 It is true that proof under this allegation will support 
 a conviction if it shows that the defendant's agent de- 
 posited the matter, and this even though the defendant 
 may have been in another district. In Hume vs. United 
 States, 118 Federal, 689, which was a case under the old 
 statute, when the punishment made the offense a misde- 
 meanor, Judge Shelby, speaking for the Circuit Court of 
 Appeals, held that even assuming that the offense is a 
 felony, the presence of the defendant at the time the let- 
 ters are mailed, in furtherance of a scheme denounced by 
 the statute, is not necessary to make him a principal in 
 the crime. So, also, in United States vs. Fleming, 18 
 Federal, 907, it was held that it was not necessary, in 
 order to make out the offense, that the defendant actual- 
 ly, with his own hands, placed a letter or packet in the 
 post-office. If the proof show that it was done through 
 his agency or direction, by an agent or employee, em- 
 ployed and directed for that purpose, it is sufficient to 
 
 13
 
 194 Federal Criminal Law Procedure. 
 
 meet the allegations of the bill and the demands of the 
 statute. 
 
 It should also be borne in mind in this connection that 
 under the authority of United States vs. Loring, 91 Fed- 
 eral, 881, which seems to have been generally followed, it 
 is not necessary to set out all of the letters in full in 
 the indictment, nor to give the substance of their con- 
 tents; nor is it necessary that it should appear from the 
 letters that they were part of the fraudulent scheme. The 
 indictment may make a general allegation that there 
 were various and sundry and diver's letters deposited and 
 caused to be deposited to divers and sundry persons to 
 the grand jurors unknown, if such allegations be true, 
 and then set out particularly and accurately one letter, 
 and if the defense desires to know the names and ad- 
 dresses upon the letters covered in the blanket portion of 
 the indictment, they may obtain the same from the prose- 
 cuting officer by a proper request for a bill of particulars, 
 addressed to the Court. 
 
 A letter set out particularly in the indictment will sup- 
 port a charge under the statute, even though the letter 
 may be ever so formal, provided the letter was sent by 
 the defendant with a view of executing his scheme to 
 defraud. Durland vs. United States, 161 U. S., 306. Let- 
 ters, however, which do not seem to have been written 
 for the purpose of accomplishing any fraud, are not an 
 offense, of course. United States vs. Ryan, 123 Federal, 
 634; United States vs. Owens, 17 Federal, 72; Stewart 
 vs. U. S., 119 Federal, 89. Similar letters to the one set 
 out in the bill are always competent testimony, and may 
 be introduced on the question of intent. United States 
 vs. Watson, 35 Federal, 358; and under the authority of 
 the United States vs. Sauer, 88 Federal, 249, the venue of 
 the prosecution is determined by the point of mailing the 
 letter or the packet and prosecution must be had in the 
 district in which the letter or packet was mailed. The 
 Circuit Court of Appeals for the Ninth Circuit, speaking 
 through Judge Wolverton, in Walker vs. United States, 
 152 Federal, 111, determined that all letters intended in 
 some way to be utilized in connection with the scheme,
 
 Postal Crimes. 195 
 
 are admissible, and quotes in support of that doctrine, 
 the expression of Justice Brewer in the Durland case, 
 cited supra, in these words: 
 
 "We do not wish to be understood as intimating that in order to 
 constitute the offense, it must be shown that the letters so mailed 
 were of a nature calculated to be effective in carrying out the fraud- 
 ulent scheme. It is enough if, after having devised a scheme to de- 
 fraud, the defendant, with a view to execute it, deposits in the post- 
 office letters which he thinks may assist in carrying it into effect, 
 although, in the judgment of the jury, they may be absolutely ineffect- 
 ive therefor." 
 
 In Lemon vs. United States, 164 Federal, 953, Circuit 
 Judge Adams, speaking for the Circuit Court of Appeals 
 for the Eighth Circuit, said: 
 
 "The contention that the statements and letters set out in the 
 several counts of the indictment negative the alleged fraudulent scheme, 
 cannot be sustained. The mailing of a letter in the execution or at- 
 tempted execution of a fraudulent scheme, is the gist of the offense de- 
 nounced by the statute. It is that act, and it alone, which confers 
 jurisdiction upon the Courts of the United States to punish devisors 
 of fraudulent schemes. The letter which is mailed is not required to 
 recite the whole scheme or be in itself effective to execute it. All 
 that is imperatively required is that the letter mailed should be one 
 calculated or designed to aid or assist in the execution or attempted 
 execution of a scheme or device." 
 
 The Circuit Court of Appeals for the Third Circuit 
 quotes with approval in re Henry, 123, U. S., 373, follow- 
 ed in De Barr, 179, U. S. 320, the following: "The Act 
 forbids, not the general use of the post-office for the 
 purpose of carrying out a fraudulent scheme or device, 
 but the putting in the post-office of a letter or packet, or 
 the taking out of such a letter or packet from the post- 
 office in furtherance of such a scheme. Each letter so 
 taken out or put in constitutes a separate and distinct 
 violation." 
 
 Miller vs. United States. — The Circuit Court of Ap- 
 peals for the Seventh Circuit, in the case of Miller vs. 
 U. S., 174 Federal, 35, seems to run dangerously near 
 an antagonistic decision to the Durland case, decided by 
 the Supreme Court, cited supra. It is true that the Mil- 
 ler case holds that the indictment charged no offense be- 
 cause it did not charge that the stock sold was not worth
 
 196 Federal. Criminal Law Procedure. 
 
 the price paid for it, but the decision in reaching this 
 particular point, which it decides, contains many expres- 
 sions that might lead the practitioner to infer a danger- 
 ous broadness as to what is not comprehended within the 
 meaning of the statute. It is true that all the decisions 
 are a unit upon the proposition that there must be an 
 intention to injure the person addressed or sought to be 
 reached, by defrauding him of something which he al- 
 ready has, but it must be equally ever present in one's 
 mind that the statute inhibits the formation of a scheme 
 or artifice to defraud, wherein misrepresentations are 
 made through the United States mail for the purpose of 
 securing something of value from the person to whom 
 such representations are made. In the Miller case, the 
 devisor of the scheme to defraud was the President of a 
 corporation. The corporation decided to increase its 
 capital stock from $250,000 to $400,000. The corporation 
 was an actual manufacturer, employing from one hun- 
 dred to one hundred fifty men, the plant and good will of 
 which was worth many thousands of dollars. The de- 
 fendant represented through the mails, for the purpose 
 of selling this increased stock, that the corporation de- 
 sired to open branch houses for the sale of its goods and 
 to employ therein managers at fixed salaries, besides a 
 share of the profits, and that the company was earning a 
 profit of 20 per cent and paying 6 per cent dividend to 
 holders of its stock out of its net earnings; that as a 
 matter of fact the company was not earning 20 per cent, 
 or any per cent, and was not paying any dividends; that 
 pursuant to these representations, the stock was sold in 
 blocks of five thousand dollars each. 
 
 I do not fuss with the Court for determining that the 
 indictment should have alleged that the stock was not 
 worth what the purchasers paid therefor, but it does seem 
 to me that the allegations otherwise contained a full and 
 complete statement of such a case as comes easily within 
 the meaning of the statute. There was a determination 
 to increase the stock; the determination to increase the 
 stock was due to the fact that the defendant needed 
 money. In order to realize the money, representations
 
 Postal Crimes. 197 
 
 were made with reference to the earning capacity of the 
 plant, which, therefore, controlled the value of the stock, 
 and made it desirable or undesirable. The representa- 
 tions made with reference to the stock and the plant, its 
 earning capacity, and dividends, were untrue and false, 
 and made through the United States mail. It is not 
 thought that any safe counselor" would advise his client 
 to engage in a similar enterprise. 
 
 Punishment and Number of Counts.— That paragraph 
 of the 1889 Amendment, which related to the number of 
 offenses committed within a certain given time, and 
 which was construed in Hall vs. United States, 152 Fed- 
 eral, page 420, and which has been the occasion of some 
 difference of opinion, is not entered into this statute. 
 Late decisions, however, upon that old section, are the 
 following: United States vs. McVickar, 164 Federal, 894: 
 Lemon vs. United States, 164 Federal, 953. 
 
 A consideration of the following cases, for the purpose 
 of finding illustrations of the effectiveness and limita- 
 tion of the statute, will be interesting: United States 
 vs. Smith, 166 Federal, 958; U. S. vs. Raish, 163 Federal, 
 911; Faulkner vs. U. S., 157 Federal, 840; U. S. vs. Dex- 
 ter, 154 Federal, 890; Booth vs. U. S., 154 Federal, 836; 
 Gourdain vs. U. S., 154 Federal, 453; Dalton vs. U. S., 
 154 Federal, 61; Francis vs. U. S., 152 Federal, 155; Van 
 Dusen vs. U. S., 151 Federal, 989; U. S. vs. White, 150 
 Federal, 379; Brooks vs. U. S., 146 Federal, 223; U. S. 
 vs. Hess, 124 U. S., 483; in re Henry, 123 U. S., 372; 
 Stokes vs. U. S., 157 U. S., 187; Streep vs. U. S., 160 U. 
 S., 128; Brown vs. U. S., 143 Federal, 60; U. S. Ethe- 
 ridge, 140 Federal, 376; Betts vs. U. S., 132 Federal, 
 228; Packer vs. U. S., 106 Federal 906; Tingle vs. U. S., 
 87 Federal, 320; U. S. vs. Smith, 45 Federal, 561. 
 
 See Colt vs. U. S., 190 Federal 305, in which it was 
 held that evidence of other like offenses in order to show 
 intent, is admissible. 
 
 Various indictments charging this offense may be con- 
 solidated. Emmanuel vs. U. S., 196 Federal 317. 
 
 § 55a. Other Illustrative Cases. — A scheme to de- 
 fraud by means of fraudulent bounty claims for killing
 
 198 Federal Criminal Law Procedure. 
 
 wolves may be properly laid under this statute. Fall vs. 
 U. S., 209 Federal, 547. The Court said, in reversing 
 this case for the exclusion of testimony upon the ob- 
 jection of the Government, that all evidence is to be re- 
 ceived which tends to refute any presumption or proof 
 of an evil intent. There must have been a scheme or 
 artifice to defraud, which necessarily includes the inten- 
 tion to defraud, and such intent is the very essence of 
 the offense. Variance in indictment, see U. S. vs. Smith, 
 222 Federal, 165. 
 
 A conviction in the case of Fane vs. U. S., 209 Fed- 
 eral, 525, for inducing false homestead entries upon 
 government lands was reversed on account of the errone- 
 ous admission of testimony and the Court further held 
 in this case that it was neither criminal nor unlawful to 
 do or to conspire to do that which the law does not pro- 
 hibit, but recognizes may be lawfully done without prej- 
 udice or injury to the United States or the State, follow- 
 ing United States vs. Biggs, 211 U. S., 597. 
 
 In the case of Bruce vs. U. S., 202 Federal, 98, the 
 Court of Appeals reversed the conviction on the ground 
 that the Court had erred in refusing to charge that the 
 fraud was not in the fact that morphine was employed 
 as a part of the treatment to cure the morphine habit. 
 In other words, one having advertised through the mails 
 to cure the morphine habit, he would not be precluded 
 from the use of morphine for that purpose, provided as 
 a matter of fact it was a recognized treatment for the 
 habit. Matters of opinion are difficult indeed to prove 
 as a fact and can hardly be made the basis of successful 
 prosecution. Bruce vs. U. S., 202 Federal, 105; Ameri- 
 can School vs. McAnnulty, 187 U. S., 104. 
 
 An indictment which charges doctors with having pre- 
 tended to be skilled and eminent physicians in the treat- 
 ment of various diseases and which is insufficient in al- 
 legation, must be attacked by demurrer or motion to 
 quash before verdict and unless the defendant's charac- 
 ter is put in issue proof of other offenses is inadmissible 
 and is reversible. Dyar vs. U. S., 186 Federal, 620; U.
 
 Postal Crimes. 199 
 
 S. vs. Smith, 222 Federal, 165; Moses vs. U. S., 221 Fed- 
 eral, 863. 
 
 An intent to defraud is an absolute essential and 
 without such an allegation an indictment is fatally de- 
 fective, Blackman vs. U. S., 186 Federal, 965. The per- 
 sons must be defrauded. Wilson vs. U. S., 190 Federal, 
 427; Stockton vs. U. S., 205 Federal, 462. 
 
 55b. Illustrative Cases of Fraudulent Use of the Mail. 
 
 The fraudulent use of the mail statute continues to be 
 one of the most useful. In fact care must be taken lest 
 under it, jurisdiction over frauds that really does not 
 belong to the Federal courts be attempted. The new 
 statute excludes the theory that the scheme must include 
 the use of the mail; it is sufficient now if the mail is used 
 whether there was an original intention so to do, Smith 
 vs. U. S., 267 Feci., 665. In U. S., vs. Comyns, U. S., 
 Sup. Ct., Jan. 1919, it was held that a land scheme was a 
 violation and the case also approved the form of an in- 
 dictment. For other indictments, McClendon vs. IT. S., 
 229 Fed., 523; Gardner vs. U. S., 230 Fed., 575; Robins 
 vs. U. S., 262 Fed., 126. Wilson vs. U. S., 275 Fed., 307. 
 
 A pecuniary loss is not essential to constitute a viola- 
 tion was held in Wine vs. U. S., 260 Fed., 911. For 
 sample cases of the improper use of the mail to sell stock 
 see Tjosevig vs. Boyle, 268 Fed., 813, and Rowe vs. Boyle, 
 268 Fed., 809. See also Lyman vs. U. S., 241 Fed., 945. 
 Fraud practiced does not fall within the statutes unless 
 the scheme was so in its inception, U. S. vs. Bachman, 246 
 Fed., 1010; a scheme to pretend to locate government 
 land is a violation, U. S. vs. Comyns vs. IT. S., Sup. Ct., 
 Jan. 1919. Names of the victims and the time the scheme 
 to defraud was determined upon need not be known, Bon- 
 foey vs. U. S., 252 Fed., 802. 
 
 For a fraudulent order against a seller of a sexual re- 
 juvenator, etc., see Leach vs. Carlisle, 267 Fed., 61; any 
 evidence showing that the article will do what it is 
 claimed for it is admissible, Hair vs. U. S., 240 Fed., 333; 
 one letter is sufficient to show character, Gernert vs. U. 
 S., 240 Fed., 403.
 
 200 Federal Criminal Law Procedure. 
 
 A conspiracy among doctors to declare an ailment cur- 
 able regardless of the syptoms is a violation, Holsman vs. 
 U. S., 248 Fed., 193. 
 
 When the letter is delivered by hand and afterwards 
 another sends it through the mail, though the defendant 
 knew that such was the custom, he committed no offense, 
 was decided by the court in U. S. vs. Kenofskey, 235 
 Fed., 1019, but such decision was reversed by the Sup. 
 Ct., on April 6, 1917, same case. 
 
 The depositing by another makes the offense, Rose vs. 
 U. S., 227 Fed., 357. 
 
 The use of the mails after the completion of the of- 
 fense is insufficient, U. S. vs. Dale, 230 Fed., 750. 
 
 An acquittal on a conspiracy count in an indictment 
 makes a reversal of a conviction on the fraudulent use 
 count necessary, Hart vs. U. S., 240 Fed., 911. 
 
 See the case of Badders vs. U. S., U. S., Sup. Ct., Fed. 
 1916, for a discussion of the statute. 
 
 As to healing and the virtue of medicines see, U. S. 
 vs. Schlatter, 235 Fed., 381; Samuels vs. U. S., 232 Fed., 
 536. 
 
 A scheme to buy oil stock includes promises as to the 
 future as well as to existing facts, MofYatt vs. U. S., 232 
 Fed., 522; Menefee vs. U. S., 236 Fed., 826. 
 
 Threats either by letter or otherwise is an offense un- 
 der the act of Feb. 14, 1917, 10200A— see 64; with im- 
 prisonment up to five years or a thousand dollar fine or 
 both, U. S. vs. Strickrath, 242 Fed., 151. A threat to 
 kill must be intended to reach the party, U. S. vs. French, 
 243 Fed., 785. Un-communicated, offense, when, U. S. 
 vs. Stobo, 251 Fed., 689; threats vs. the President, see 
 U. S. vs. Jasick, 252 Fed., 931 and U. S. vs. Metzdorf, 
 252 Fed., 933; and Pierre vs. U. S., 275 Fed., 352; one 
 cannot pretend that a threat was a joke unless it was 
 made known at the time that it was such, Eaganshky 
 vs. U. S. 253 Fed., 643; "Which case also defines "wil- 
 fully." 
 
 An application for a position which mis-states age, 
 salary, etc., is not an offense, Underwood vs. IT. S., 267
 
 Postal Crimes. 20] 
 
 Fed., 412. Pretending to have spiritual power is a vio- 
 lation, Crane vs. U. S., 259 Fed., 480. 
 
 False credit statements are violations of these stat- 
 utes, Kaplan vs. U. S., 229 Fed., 389; Bettman vs. U. S., 
 224 Fed., 819; Tucker vs. U. S., 224 Fed., 833. Pretend- 
 ing to do a large collection business and intending to 
 keep collections is a violation, Clark vs. U. S., 245 Fed., 
 112. 
 
 Others counts may refer to the first count for a detail 
 of the scheme, Linn vs. U. S., 234 Fed., 543. 
 
 Trickery and chicanery are violations, Grant vs. U. 
 S., 268 Fed., 443; as is pretention of having a fine drug, 
 Edwards vs. U. S., 249 Fed., 686; a fraudulent collection 
 agency, Freeman vs. U. S., 244 Fed., 2. 
 
 The deposit by an innocent bank of a deposited check 
 secured by fraud in the United States mails is deposited 
 by the defendant, Spear vs. U. S., 228 Fed., 485, which 
 case holds that the doctrine of reasonable doubt extends 
 to all the elements of the offense. 
 
 Other illustrating cases are, exchange of property, 
 Stubbs vs. U. S., 249 Fed., 571; Mounday vs. U. S., 225 
 Fed., 965; stock sale, Finnegan vs. U. S., 231 Fed., 561; 
 McDonald vs. U. S., 241 Fed., 793; selling lands, Cham- 
 bers vs. U. S., 237 Fed., 513 ; scheme to bring black mail- 
 ing suits, McKelvey vs. U. S., 241 Fed., 801; to defraud 
 depositors of bank by false statements of solvency, 
 Sparks vs. U. S., 241 Fed., 777; chain of banks and use 
 of mail incidental, Hendrey vs. U. S., 233 Fed., 5; worth- 
 less treatment by physician, Oesting vs. U. S., 234 Fed., 
 304. Physician pretending patient ill, Hughes vs. U. S., 
 231 Fed., 50, but an employee in such office is not guilty; 
 
 Freman vs. U. S., 243 Fed., 354; protections and poli- 
 cies, New vs. U. S., 245 Fed., 710; use of mail by innocent 
 agent as bank is imputed to the defendant, Spear vs. 
 U. S., 246 Fed., 250; theory of medicine, etc., under this 
 statute, U. S. vs. American Labatories, 222 Fed., 104. 
 
 § 56. The Civil Statute.— Section 3929 of the old 
 statute, amended by the Fifty-first Congress, as shown 
 at page 804 of the first Volume of the Supplement, Act 
 of September 19, 1890, gives the Postmaster General
 
 202 Federal Criminal Law Procedure. 
 
 power to deny the use of the United States mails to 
 those conducting fraudulent schemes. Interesting cases 
 growing out of the exercise of such power are Missouri 
 Drug Company vs. Wyman, 129 Federal, 623, which re- 
 cites exhaustively and learnedly cases bearing upon this 
 question, and mentions and distinguishes the leading 
 case of Magnetic Healing vs. McAnulty, 137 U. S., 94; 
 47 Law Ed., 90; Donnell Company vs. Wyman, 156 Fed- 
 eral, 415; Appleby vs. Chiss, 160 Federal, 984; Putnam 
 vs. Morgan, 172 Federal, 450. The weight of authority 
 under this statute seems to be that a Court will inquire 
 into the evidence that was submitted to the Postmaster 
 General, and upon which that official acted, but will not 
 determine the weight of the evidence. The Postmaster 
 General, being in the Executive Department of the Gov- 
 ernment, and empowered with certain duties that in- 
 volve judgment and discretion, is not bound by the dis- 
 cretion and judgment of the Courts, provided he have 
 before him evidence upon which to base his act. 
 
 More is not said with reference to this statute and this 
 interesting jurisdiction of the Post-offrce Department, 
 for the reason that its discussion does not belong in this 
 work, it relating to civil remedies. 
 
 One seeking to enjoin the fraud order has the burden, 
 etc., Hall vs. Wilcox, 225 Fed., 333. 
 
 See also U. S. vs. Burleson 41 Sup. Ct. Rep., 352, for 
 an opinion bearing upon the denial of the second class 
 privilege which is the same doctrine. 
 
 See Sec. 65. 
 
 § 57. Fraudulently Assuming Fictitious Address or 
 Name. — The meat of Section 216 in the new Code was 
 an Amendment to the old Section 5480 of the Revised 
 Statutes, and was an Act of the Second of March, 1889, 
 25 St. L., 873; First Supplement, 695. 
 
 In the new Code, however, the assumption of a ficti- 
 tious, false, or assumed title, name, or address, for the 
 purpose of conducting, prompting, or carrying on in any 
 manner, by means of the Post-office establishment, any 
 scheme or device mentioned in Section 215 of the new
 
 Postal Crimes. 203 
 
 Code, or any other unlawful business, is made a separate 
 section. 
 
 The same punishment, however, is carried for viola- 
 tions of this section as that provided for violations of 
 Section 215. 
 
 It is not sufficient, under this section, that one assume 
 a false or fictitious name, or title to carry on a business, 
 unless such business be unlawful or denounced by the 
 terms of Section 215. In other words, a business that 
 is lawful in itself, even though conducted under an as- 
 sumed, fictitious, or false name, and though furthered 
 through the post-office establishment, would not be an 
 offense under this statute. In United States vs. Smith, 
 45 Federal, 561, in passing upon a case where a person 
 devised a scheme which contemplated that he should as- 
 sume the role of a Chinese physician and pretend to pos- 
 sess curative power, and to be able to minister to those 
 ailing certain Chinese herbs, but who in fact never fitted 
 up such apartments, nor put into execution the scheme, 
 other than to make such representations, the Court held 
 that the business must be specifically charged and its 
 unlawful character disclosed, for it is not an offense 
 within the statute, to assume a fictitious name in a law- 
 ful business. 
 
 In Tingle vs. United States, 87 Federal, 320. the Cir- 
 cuit Court of Appeals for the Fifth Circuit held that the 
 indictment was defective, because it failed to allege in 
 appropriate words that the alias and fictitious and false 
 name set out in the indictment, to wit, Otho Aronson. was 
 not in fact the name of a real person, and under this al- 
 legation in the bill, the Court charged the jury that they 
 could convict the defendant whether or not Aronson was 
 a real person, and this charge the Court held to be er- 
 roneous. 
 
 In other words, the decision would seem to indicate, 
 though it does not so decide, that to be entirely safe, 
 the prosecution must satisfy itself that the assumed 
 name is not in reality the name of some actual person 
 before it chooses to make the allegation in the bill. If 
 the assumed name were in fact the name of a genuine
 
 204 Federal Criminal Law Procedure. 
 
 person, then it is thought that the bill could not allege, 
 and stand the test, that the name so used for the unlaw- 
 ful business was in fact fictitious and false. There 
 should be appropriate allegations under a different por- 
 tion of the law, or rather, as the law now stands, the 
 case would be a fraudulent use of the mail, under Sec- 
 tion 215, instead of Section 216. 
 
 § 58. Lottery, Gift-Enterprise, Etc., Circulars, Etc., 
 Not Mailable. — Thomas, in his interesting volume which 
 treats exhaustively some postal offenses which include 
 lottery violations, calls our attention to the fact that the 
 lottery as a method of gambling has prevailed from the 
 remotest antiquity. In England, Italy, France, Ger- 
 many, Austria, Spain, Holland, Denmark, Japan, China, 
 Mexico, and many of the South American Eepublics, 
 lotteries not only have flourished, but still live and 
 thrive. The life of the lottery in the United States was 
 active and fortune producing. The public conscience, 
 however, first pricked in some of the old countries, no- 
 tably England, aroused itself in the United States, and 
 various state legislatures attempted to rid this country 
 of this system of gambling. It was not until 1872, how- 
 ever, that Congress took a hand in the fight, giving us 
 Section 3894, of the old Statute, which, while a move in 
 the right direction, was rather puny, and not at all strong 
 enough to combat the gigantic power and force of the 
 deep-rooted evil. Later, September 19, 1890, 26 St. L., 
 465, First Volume Supplement, 803, came a substitute for 
 3894, under which much effective prosecution was had. 
 On March 2, 1895, 28 St. L., 963, Second Volume Supple- 
 ment, 435, came an assisting and auxiliary Act, which 
 left in force all of the old statutes, and provided some 
 new provisions. This was the last lottery act before the 
 new code. Under this legislation, the lottery, and prac- 
 tically every other scheme involving a chance or draw, 
 has been driven from this country. The law inhibits 
 the passing of lottery matter either through the mails 
 or by any private carrier from one state to another, or 
 from another country to the United States, or from the 
 United States to another country. The sending of lot-
 
 Postal Crimes. 205 
 
 tery matter, as defined in the statute, which includes let- 
 ters or circulars or any sort of an advertisement relating 
 thereto, by any of the post-office facilities, for never so 
 short a distance, is a violation; the sending of any such 
 matter by private conveyance from one state to another 
 state, or across the border from one .country to another 
 country, is a violation. 
 
 The new law, or Section 215, reads as follows: 
 
 "No letter, package, postal card, or circular, concerning any lottery, 
 gift enterprise, or similar scheme offering prizes dependent in whole 
 or in part upon lot or chance; and no lottery ticket or part thereof, 
 or paper, certificate, or instrument purporting to be or to represent a 
 ticket, chance, share, or interest in or dependent upon the event of 
 a lottery, gift enterprise or similar scheme offering prizes dependent 
 in whole or in part upon lot or chance; and no check, draft, bill, money, 
 postal note, or money order, for the purchase of any ticket or part 
 thereof, or of any share or chance in any such lottery, gift, enterprise, 
 or scheme; and no newspaper, circular, phamphlet, or publication of 
 any kind containing any advertisement of any lottery, gift, enter- 
 prise, or scheme of any kind offering prizes dependent in whole or in 
 part upon lot or chance, or containing any list of the prizes drawn or 
 awarded by means of such lottery, gift enterprise, or scheme, whether 
 such list contains any part or all of such prizes, shall be deposited 
 in or carried by the mails of the United States, or be delivered by 
 any postmaster or letter carrier. Whoever shall knowingly deposit 
 or cause to be deposited, or shall knowingly send or cause to be sent, 
 anything to be conveyed or delivered by mail in violation of the pro- 
 visions of this section, or shall knowingly deliver or cause to be deliver- 
 ed by mail anything herein forbidden to be carried by mail, shall 
 be fined not more than one thousand dollars, or imprisoned not more 
 than two years, or both; and for any subsequent offense, shall be 
 imprisoned not more than five years. Any person violating any pro- 
 vision of this section may be tried and punished either in the dis- 
 trict in which the unlawful matter or publication mailed, or to which 
 it was carried by mail for delivery according to the direction thereon, 
 or in which it was caused to be delivered by mail to the person to 
 whom it was addressed." 
 
 It will be noticed that every possible term indicating 
 latitude in the old statutes has been incorporated into 
 the new section, and in addition thereto, it authorizes 
 the trial of any offender in either the district wherein 
 the matter was deposited in the mails, or in the district 
 where the same was taken from the mails. The statute,
 
 "206 Federal Criminal Law Procedure. 
 
 however, continues to contain the original weakness of 
 the old statutes, to wit, an indictment which charged 
 merely the depositing of a lottery ticket, etc., purport- 
 ing to be or represent a ticket, chance, share, or interest 
 in or dependent upon the event of a lottery, etc., would 
 not be sufficient to sustain a conviction where the proof 
 only showed the deposit of tickets, etc., evidencing a 
 drawing that had already taken place. The tickets, to 
 make an offense under that portion of the statute, must 
 be for a future drawing; otherwise, it would not be a 
 share or interest in or dependent upon the event of a 
 lottery, etc. It is quite true that the indictment could 
 include other portions of the statute, as, for instance, 
 that the tickets, even though representing a past draw- 
 ing, were advertisements of the lottery, and, therefore, 
 contraband and unlawful. In France et al. vs. United 
 States, 164 U. S., 674; 41 Law Ed., 595, the Supreme 
 Court of the United States, speaking through Mr. Jus- 
 tice Peckham, said: 
 
 "The lottery had already been drawn; the papers carried by the 
 messengers were not, then, dependent upon the event of any lottery. 
 The language as used in the statute looks to the future. The papers 
 must purport to be or represent an existing chance or interest, which 
 is dependent upon the event of a future drawing of the lottery. A 
 paper that contains nothing but figures, which in fact relate to a 
 drawing that has already been completed, and one that is past and 
 gone, cannot properly be said to be a paper certificate or instrument 
 as described in the statute. It purports to show not interest in or 
 dependent upon the event of any lottery. If the lottery has been 
 drawn, the interest is no longer dependent upon it. The condition 
 upon which the bet or the interest was dependent has happened; the 
 solution of the problem has already been arrived at; the bet has al- 
 ready been determined. The bare statement of that solution or deter- 
 mination, placed on paper, does not impart to that paper the character 
 of a certificate or instrument purporting to be or represent a ticket 
 etc., dependent upon the event of a lottery. From the statement 
 upon the paper, the agent may acquire the knowledge which will en- 
 able him to say who has won, but the book or the paper does not 
 purport to be, and is not, a certificate, etc., within the Act of Con- 
 gress." 
 
 It may, therefore, be contended that Section 213 is no 
 broader in the way of remedying this defect than was
 
 Postal Crimes. 207 
 
 the original law. The Act of March 2, 1895, still stands 
 as the only Act that makes it against the law to trans- 
 port by private carrier from one state to another. In 
 125 Federal, page 617, United States vs. Whelpley, the 
 Court held that the Act of 1895 did not prohibit the 
 transportation of lottery tickets from a state to the 
 municipality of the District of Columbia, and also that 
 the section did not prohibit the transportation of lot- 
 tery tickets from one state "through" another state or 
 states, where the ultimate destination of the shipment 
 was not within one of the United States, See also Uni- 
 ted States vs. Ames, 95 Federal, 453, which held that the 
 transportation of lottery tickets from a state to a terri- 
 tory is not within the statute. In this last case, how- 
 ever, the point of great importance to the life and validity 
 of the Act of March 2, 1895, was, whether Congress had 
 the power, under the Commerce clause of the Constitu- 
 tion, to prohibit the transportation of lottery matter 
 from one state to another state in the United States, by 
 carriers or persons that were not government utilities. 
 Circuit Judge Jenkins held the law to apply fully. There- 
 after, in the same case, styled Champion vs. Ames, in 
 188 U. S., 321; 47 Law Ed., 492, Mr. Justice Harlan, 
 speaking for the Court, settled for all time the effective- 
 ness of the new Act. The writer had the honor to draw 
 the indictment passed upon in that case, and each of 
 the defendants was afterwards convicted at the Dallas 
 Division of the Northern District of Texas. In that opin- 
 ion, Mr. Justice Harlan, after reviewing extensively the 
 authorities, the Court having ordered a re-argument, 
 said: 
 
 "It was said in argument that lottery tickets are not of any real or 
 substantial value in themselves, and, therefore, are not subjects of 
 commerce. If that were conceded to be the only legal test as to what 
 are to be deemed subjects of the commerce that may be regulated by 
 Congress, we cannot accept as accurate the broad statement that such 
 
 tickets are of no value These tickets were the subject of traffic; 
 
 they could have been sold; and the holder was assured that the com- 
 pany would have paid to them the amount of the prize drawn. That 
 the holder might not have been able to enforce his claim in the courts 
 of any country making the drawing of lotteries illegal, and forbidding
 
 208 Federal Criminal Law Procedure. 
 
 the circulation of lottery tickets, did not change the fact that the tick- 
 ets issued by the foreign company represented so much money payable 
 to the person holding them, and who might draw the prizes affixed 
 to them. Even if a holder did not draw a prize, the tickets, before 
 the drawing, had a money value in the market among those who 
 chose to sell or buy lottery tickets. In short, a lottery ticket is a 
 
 subject of traffic, and is so designated in the Act of 1895 We are 
 
 of the opinion that lottery tickets are subjects of traffic, and, therefore, 
 are subjects of commerce, and the regulation of the carriage of such 
 tickets from state to state, at least by independent carriers, is a reg- 
 ulation of commerce among the several states." 
 
 § 59. What Is a Lottery or Chance? — In Homer vs. 
 United States, 147 U. S., 449, the Supreme Court of the 
 United States in effect determined that whatever amount- 
 ed to a distribution of prizes by lot was a lottery, no mat- 
 ter how ingeniously the object of it might be concealed. 
 In United States vs. Wallis, 58 Federal, 942, the Court 
 held that the language of the statute is sufficiently com- 
 prehensive to include any scheme in the nature of a lot- 
 tery, and it may be sufficient to say, said the Court, that 
 this embraces the elements of procuring through lot or 
 chance, by the investment of a sum of money or some- 
 thing of value, some greater amount of money or thing 
 of greater value. When such are the chief features of 
 any scheme, whatever it may be christened, or however 
 it may be guarded or concealed by cunningly devised 
 conditions or screens, it is, under the law, a lottery. So, 
 in Randall vs. State, 42 Texas, 585, the Court determined 
 that Courts will not inquire into the name, but will de- 
 termine the character of the transaction or business in 
 which parties are engaged. Mr. Thomas, in his work, 
 cited supra, has collaborated a number of definitions, 
 from which the following are taken: 
 
 "A lottery is a sort of gaming contract, by which, for a valuable 
 consideration, one may, by favor of the lot, obtain a prize of a value 
 superior to the amount or value of that which he risks." — American 
 and English Encyclopedia of Law. 
 
 "Any scheme whereby one, in paying money or other valuable thing 
 to another, becomes entitled to receive from him such return in value, 
 or nothing, as some formula of chance may determine." — Bishop on 
 Statutory Grimes, Section 952.
 
 Postal, Crimes. 209 
 
 "Lottery, in its popular acceptation, is a distribution of prizes by 
 lot or chance; and when the chances are sold and the distribution 
 of prizes determined by lot, this constitutes a lottery." — Buck vs. 
 State, 62 Ala., 432; Solomon vs. State, 62 Ala., 83. 
 
 "The generally accepted definition of a lottery is, that it is a scheme 
 for the distribution of prizes for the obtaining of money or goods by 
 chance." — People vs. Noelke, 94 N. Y. 137. 
 
 "Any device whereby money or any other thing is to be paid or de- 
 livered on the happening of any event or contingency in the nature 
 of a lottery, is a lottery ticket." — Smith vs. State, 68 Md., 170; Bay- 
 land vs. State, 69 Md., 170. 
 
 "A lottery is a scheme, device, or game of hazard, whereby, for a 
 smaller sum of money or other thing of value, the person dealing 
 therein, by chance or hazard or contingency, may or may not get 
 money or other thing of value, of greater or less value, or in some 
 cases of no value at all, from the owners or managers of such lottery." 
 — State vs. Lumsden, 89 N. C, 572. 
 
 "Both by reason and authority, a lottery is a game — a game of 
 chance."— Korten vs. Seney, 68 N. W., 824. 
 
 "Whatever may be the name or character of the machine or scheme, 
 if in its use a consideration is paid, and there is gambling, the hazard- 
 ing of small amounts to win larger, the result of winning or losing to 
 be determined by chance, in which neither the will nor skill of man 
 co-operates to influence the result, it is a determination by lot." — 
 Loiseau vs. State, 22 Southern Rep., 138. 
 
 It must also be constantly borne in mind that a scheme 
 may come within the meaning of the lot or chance or 
 lottery clause of the above acts, even though every in- 
 vestor secures something; that is to say, even though 
 there be no blanks. United States vs. Horner, cited su- 
 pra. So in Seidenbender vs. Charles, 4 Serg. and Rawle. 
 151 (8 Am. Dec, 682), and Dunn vs. State, 40 Illinois, 
 465. 
 
 This class of cases covers and inhibits the so-called 
 land scheme, where each adventurer secures a lot of land, 
 but the lots are of unequal value, yet each being secured 
 for the same price. The Supreme Court of Pennsylvania 
 said upon this point: 
 
 "If it be said that in this case there be no blanks, we answer that 
 no material difference arises from that circumstance. Some of the 
 most fraudulent lotteries ever known have been those in which there 
 were no blanks. They are an imposition on the folly of mankind; 
 
 14
 
 210 Federal Criminal Law Procedure. 
 
 for of what importance is it if a man who pays a considerable sum 
 for a ticket has a prize of very little value." 
 
 So in the Dunn case, cited supra, the Supreme Court 
 of Illinois said, the case showing that prizes in that 
 scheme ranged in value from a cheap trinket to a grand 
 piano : 
 
 "If it differs from ordinary lotteries, the difference is chiefly in 
 the fact that it is more artfully contrived to impose upon the ignor- 
 ant and credulous, and is, therefore, more thoroughly dishonest and 
 injurious to society.'' 
 
 § 59a. Illustrative Cases. — A loan company which 
 has a scheme for filing applications and numbering for 
 the determination of who shall be entitled to a loan, but 
 which scheme is an unfair device to save the making of 
 loans, is a violation. U. S. vs. Purvis, 195 Federal, 618. 
 Prizes in boxes of tobacco is a violation of this lottery 
 statute. U. S. vs. One Box, 190 Federal, 731. The plot- 
 ting of land and the increasing of the value of some 
 lots arbitrarily is a violation of this lottery statute. U. 
 S. vs. Kidgway, 199 Federal, 287. 
 
 59 b. Illustrative Cases Continued. 
 
 Publishing pictures and giving a prize to the person 
 or persons who identify the same is not an offense ac- 
 cording to Post vs. Murray, 230 F. 773. A false repre- 
 sentation as to the value and character of a piece of 
 ground or a lot is a violation, Trent vs. U. S. 228 F. 
 648. 
 
 § 60. Land Schemes. — One of the most universal 
 violations and attempts to violate the lottery statute 
 are the various and sundry schemes for the sale and dis- 
 tribution of town-lot additions. A tract of land will be 
 secured contiguous to some city or town, the same will 
 be plotted into lots, and upon one or two of such lots a 
 building will be erected, and then the entire addition 
 put on the market at a uniform price per lot, there be- 
 ing some sort of an arrangement whereby the inves- 
 tors are to determine which one shall secure the im- 
 portant lot. This identical scheme has been denounced
 
 Postal Crimes. 211 
 
 by the Supreme Court of Pennsylvania in the Seiden- 
 bender vs. Charles case, cited supra. In that case the 
 evidence showed that a party possessed of a tract of 
 land on the banks of a river divided it into town lots, 
 which he sold for three hundred thirty dollars each, the 
 specific lot to be awarded to each purchaser by lot. The 
 lots were of unequal value. The one on which the house 
 was erected was valued at eleven thousand dollars; 
 another having a barn on it was valued at three thou- 
 sand dollars, and two of the others had wooden buildings 
 thereon. While the lots abutting on the river were pe- 
 culiarly valuable, the great mass which laid back from 
 the river, and which were unimproved, bore no propor- 
 tion to the price at which the tracts were sold. 
 
 This scheme was denominated a lottery. 
 
 Throughout the country this and similar decisions are 
 being avoided by having the purchasers determine 
 among themselves how the lots shall be divided, in 
 which division there will be no drawing; as, for instance, 
 a community of trustees will be appointed, and these 
 trustees will pretend to auction the lots. It is thought, 
 however, that all such schemes are really within the pale 
 of the law, because the real incentive moving toward 
 the purchaser in all these cases is the thought that he 
 mav secure the valuable lot. 
 
 60 a. Land Schemes Continued. 
 
 An indictment which alleges false representations con- 
 cerning the locality of lands and false representations 
 as to value but does not allege that the lots were value- 
 less nor that the lots were of less value than the selling 
 price is insufficient to show a real purpose to defraud the 
 purchaser, U. S. vs. Schwarz, 230 F. 537. 
 
 A scheme involving a pretended location of claimants 
 upon government lands when they knew that the lands 
 could not be had because of litigation or otherwise, is a 
 violation, Hallowell, vs. U. S. 253 F. 865, so likewise a 
 false claim as to ownership would involve criminality, 
 McKnight vs. U. S. 263 F. 832. 
 
 § 61. Issuing of Stock. — The Post-office Department 
 and its force of inspectors, and particularly the Assist-
 
 212 Federal Criminal Law Procedure. 
 
 ant Attorney General for that Department, has been 
 most efficient in rendering service to the general public 
 by declaring fraudulent a great many so-called stock 
 concerns, insurance companies, building and loan as- 
 sociations, tontine policy corporations, that pretend to 
 issue stock or certificates, or to loan money at some 
 future date to such customers as would pay in small 
 installments at short and stated periods. But applying 
 figures and reasons to the respective plans of these 
 fraudulent concerns these officers of the people deter- 
 mined that it was impossible for the concerns to carry out 
 the contracts made, and when such conclusion has been 
 reached, a fraud order has followed under the statute 
 cited supra, and ofttimes the perpetrators have been 
 convicted. Such a scheme was denounced and a convic- 
 tion followed in the case cited at page 477 of the 156 
 Federal Reporter, Fitzsimmons vs. United States. That 
 was a scheme by which certificates were issued by a cor- 
 poration on each of which the holder agreed to pay one 
 dollar per week, subject to forfeiture for non-payment, 
 and about 75 per cent, of which payments were paid in- 
 to a "mutual benefit credit fund" until all certificates 
 prior in date had matured and been cancelled, when 
 his own certificate should mature, and he should be paid 
 from such fund a sum of two dollars for each week such 
 certificate had been in force, provided there were in such 
 fund the amount, which was not to exceed the sum of 
 one hundred sixty dollars. 
 
 § 62. Other Cases. — Other cases bearing directly and 
 indirectly upon the statute under discussion, by reason 
 of their having arisen under some of the preceding stat- 
 utes, are the following: 
 
 United States vs. Irvine, 56 Federal, 375. 
 
 United States vs. Rosenblum, 121 Federal, 180. 
 
 United States vs. Fulkerson, 74 Federal, 619. 
 
 United States vs. McDonald, 65 Federal, 486. 
 
 McDonald vs. United States, 63 Federal, 426. 
 
 United States vs. Conrad, 59 Federal, 458. 
 
 United States vs. Politzer, 59 Federal, 273. 
 
 United States vs. Lynch, 49 Federal, 851.
 
 Postal Crimes. 213 
 
 United States vs. Bailey, 47 Federal, 117. 
 
 United States vs. Horner, 44 Federal, 677. 
 
 Ex parte Jackson, 96 U. S., 727. 
 
 In re Rapier, 143 U. S., 110. 
 
 Horner vs. United States, 143 U. S., 570, and 147 U. S. f 
 449. 
 
 McDonald vs. U. S., 171 U. S., 689; also 87 Federal, 
 324. 
 
 U. S. vs. McCrory, 175 Federal, 802, holds incidental 
 use of mails insufficient. 
 
 62 a. Other Cases Continued. 
 
 The fraudulent securing of the issuance of bills of 
 lading when there was really no such shipment is, of 
 course, a violation, LeMore vs. U. S. 253 F. 887. 
 
 § 63. Postmaster Not to Be Lottery Agents. — Sec- 
 tion 214 makes it an offense punishable by not more than 
 one hundred dollars fine, or imprisonment for not more 
 than one year, or both, for any postmaster or other person 
 employed in the postal service, to act as an agent for any 
 lottery, or under color of purchase or otherwise to vend 
 lottery tickets, or to knowingly send the same by mail, or 
 to deliver any letter or package or postal card or circular 
 or pamphlet advertising any lottery, etc., which is a 
 substantial re-enactment of the old Section 3851 of the 
 Revised Statutes, the new section being somewhat broad- 
 er and covering more territory. In Louisiana lottery 
 cases, 20 Federal, 628, the Court held that the word 
 "send" as used in the old section, signifies forwarding in 
 the mail through the officers of the government. 
 
 § 63 a. Every Employee Liable to Penalties. — Sec- 
 tion 230 provides that every person employed in the 
 postal service shall be subject to all penalties and for- 
 feitures for the violation of laws relating to such service, 
 whether he has taken the oath of office or not, and Sec- 
 tion 231 provides that the words "postal service" when- 
 ever used in this chapter, meaning chapter on offenses 
 against the postal service, shall be held and deemed to 
 include the Post-office Department. 
 
 § 64. False Returns to Increase Compensation.— Sec- 
 tion 3855 of the old statutes provided the basis for fixing 
 the compensation and salary of postmasters of the fourth
 
 214 Federal Criminal Law Procedure. 
 
 class. That statute was subsequently amended in some 
 detail by the Act shown at page 186 of the First Volume 
 of the Supplement, and later by the Act shown at page 
 417 of the First Volume of the Supplement, and still 
 later by the Act shown at page 419 of the First Volume 
 of the Supplement, and still later by Section 2 of the Act 
 shown at page 602 of the 22 Statute at Large. 
 
 The pay of officers of this class is graded in this last act 
 upon the amount of stamps canceled. For instance, on 
 the first fifty dollars or less per quarter, 100 per cent; on 
 the next one hundred dollars or less per quarter, 60 per 
 cent; on the next two hundred dollars or less per quarter, 
 50 per cent; and on all the balance 40 per cent, the same 
 to be ascertained and allowed by the Auditor of the 
 Treasury for the Post-office Department in the settlement 
 of the accounts of such post-masters, upon their sworn 
 quarterly returns. To guarantee fidelity in these returns 
 and these reports, Congress enacted Section 1 of the 20 
 St. L., page 141, which provided a punishment for any 
 false return made by a postmaster to the Auditor for 
 the purpose of fraudulently increasing his compensation. 
 This includes what has been technically termed "false 
 cancellation;" and while it is one of the most difficulty 
 offenses to prove in the postal service, such proof has re- 
 peatedly been made by the placing of proper watches and 
 counts upon the outgoing mail matter from the office, and 
 by the estimating of the sale of stamps, computing of 
 box rents, drop letters, etc. 
 
 Section 206 of the new statute increases the penalty 
 and is much more comprehensive than the old statute, 
 and reads as follows: 
 
 "Whoever, being a postmaster or other person employed in any 
 branch of the postal service, shall make, or assist in making, or cause 
 to be made a false return, statement, or account to any officer of the 
 United States, or shall make, assist in making, or cause to be made, 
 a false entry in any record, book, or account, required by law or the 
 rules or regulations of the Post-office Department to be kept in re- 
 spect of the business or operations of any post-office or other branch 
 of the postal service, for the purpose of fraudulently increasing his 
 compensation or the compensation of the postmaster or any employee 
 in a post-office; or whoever, being a postmaster or other person em-
 
 Postal Crimes. 215 
 
 ployed in any post-office or station thereof, shall induce, or attempt 
 to induce, for the purpose of increasing the emoluments or compensa- 
 tion of his office, any person to deposit mail matter in, or forward in 
 any manner for mailing at, the office where such postmaster or other 
 person is employed, knowing such matter to be properly mailable 
 at another post-office, shall be fined not more than five hundred dollars, 
 or imprisoned not more than two years, or both." 
 
 Few cases under this criminal statute have been re- 
 ported. United States vs. Snyder, page 554 in the 14 
 Federal, and the same case in the 8 Federal, at page 805, 
 do not contain any suggestions that will be of much bene- 
 fit to the practitioner. This case simply determines that 
 one may aid and abet a postmaster in committing the 
 offense, and that evidence of other acts and doings of a 
 kindred character are admissible to illustrate or establish 
 the intent or motive in the particular act charged and 
 being tried, which is, of course, the recognized doctrine 
 in all criminal cases. 
 
 In United States vs. Wilson, 144 U. S., 24, affirmed in 
 the 26 Court of Claims, 186, and 27 Court of Claims, 565, 
 it was held that a postmaster was entitled to his salary 
 under a designation by the Postmaster General, even 
 though he was not commissioned by the President until 
 some months thereafter. 
 
 § 65. Civil Remedy. — The following cases relate to 
 that portion of the old statute, 20 St. L., 141, which relates 
 to the civil feature in which the government is interested 
 in the way of fixing the compensation, withholding the 
 same, and recovering the same. A Postmaster General 
 having allowed the commissions, he cannot recover the 
 same without due process of law. United States vs. Case, 
 49 Federal, 270; United States vs. Hutcheson, 39 Fed- 
 eral, 540; United States vs. Miller, 8 Utah, 29. 
 
 The Postmaster General may determine, under the ar- 
 bitrary power given him, what is right and reasonable in 
 the matter of compensation, when the false return has 
 been made. United States vs. Joedicke, 73 Federal, 100. A 
 certified copy of an order of the Postmaster General to 
 recover money against a postmaster for false returns, is 
 prima facie evidence of the fact of such falseness. United
 
 216 Federal Criminal Law Procedure. 
 
 States vs. Dumas, 149 U. S., 283; Joedicke vs. U. S., 85 
 Federal, 372; U. S. vs. Carlovitz, 80 Federal, 852; U. S. 
 vs. Case, 49 Federal, 270; U. S. vs. McCoy, 193 U. S., 599. 
 
 65 a. Acquittance No Bar to Civil Suit. 
 
 It was held in Sanden vs. Morgan, 225 F. 266, that an 
 acquittal upon an indictment charging a fraudulent use 
 of the mail was not res adjudicata as to a civil cause. 
 
 § 66. Collection of Unlawful Postage. — Closely akin 
 to the foregoing section, and for the protection of the 
 public, both in the way of extortion and to insure uniform 
 service, is Section 207 of the new Code, which reads as 
 follows: 
 
 "Whoever, being a postmaster or other person authorized to receive 
 the postage of mail matter, shall fraudulently demand or receive any 
 rate of postage or gratuity or reward other than is provided by law 
 for the postage of such mail matter, shall be fined not more than one 
 hundred dollars, or imprisoned not more than six months, or both." 
 
 It is a practical re-enactment of the old Section 3899, 
 with the exception that the new section increases the 
 punishment by adding the imprisonment feature. It is 
 also more wholesale in its terms, since it uses the word 
 "mail matter" while the old section used the words "let- 
 ters. ' ' 
 
 § 67. Unlawful Pledging or Sale of Stamps. — To fur- 
 ther guarantee uniformity in the service and one price to 
 all, and to conserve the government property and prevent 
 its use by its officials, and to restrict the salary of the 
 Postmaster or other person employed in the post-office 
 within the limits of that fixed by law. Congress passed 
 old Section 3920 of the Revised Statutes, and later an 
 addition at page 141 of the 20 St. L., both of which acts 
 are now included in the new Section 208, in the following 
 words: 
 
 "Whoever, being a postmaster or other person employed in any branch 
 of the postal service, and being intrusted with the sale or custody of 
 postage stamps, stamped envelopes or postal cards, shall use or dispose 
 of them in the payment of debts, or in the purchase of merchandise 
 or other salable articles, or pledge or hypothecate the same, or sell 
 or dispose of them except for cash; or sell or dispose of postage 
 stamps or postal cards for any larger or less sum than the values in-
 
 Postal Crimes. 217 
 
 dicated on their faces; or sell or dispose of stamped envelopes for a 
 larger or less sum than is charged therefor by the Postoffice Depart- 
 ment for like quantities;) or sell or dispose of, or cause to be sold 
 or disposed of, postal stamps, stamped envelopes, or postal cards at 
 any point or place outside of the delivery of the office where such 
 postmaster or other person is employed; or induce or attempt to 
 induce, for the purpose of increasing the emoluments or compensation 
 of such postmaster, or the emoluments or compensation of any other 
 person employed in such post-office or any station thereof, or the 
 allowances or facilities provided therefor, any person to purchase at 
 such post-office or any station thereof, or from any employee of such 
 post-office, postage -stamps, stamped envelopes, or postal cards; or 
 sell or dispose of postage stamps, stamped envelopes, or postal cards, 
 otherwise than as provided by law or the regulations of the Post-office 
 Department, shall be fined not more than five hundred dollars, or 
 imprisoned not more than one year, or both." ' 
 
 Under the provisions of this section, the indictment 
 must allege, and the facts must show, that the stamps 
 used by the postmaster had been received by him officially 
 from the government, because the use of tamps by a post- 
 master procured from another source, is not prohibited 
 by the statute, as the word "intrusted" is used with 
 reference to the sort of stamps protected by the Act. 
 United States vs. Williamson, 26 Fed., 690. The new sec- 
 tion is as strong in its inhibition against the use of 
 stamps by a postmaster in the payment of merchandise, 
 even though he place the money value of the stamps in 
 the till of the post-office. In United States vs. Douglas, 
 33 Fed., 381, the Court in charging the jury, said: 
 
 "The defendant, testifying on his own behalf, admitted that he had 
 used stamps on several occasions in paying for merchandise and re- 
 mitting money for the purpose of making change. He says that he 
 did this not dreaming that it was wrong, and that in every instance 
 he put the money value of the stamps so used in the till of the post- 
 office; in fact, thus purchasing the stamps from himself. The Act of 
 Congress forbids any disposition by a postmaster of stamps intrusted 
 to him, except the sale of them at their face value for cash to third 
 persons. He cannot use them in purchase of goods, or in payment of 
 debts nor can he purchase them from himself for any such purpose. 
 By his own admission, therefore, he has violated the law, and if you 
 believe him, you must find him guilty on the indictment." 
 
 In Palliser vs. United States, 136 U. S., 267; 34 Law 
 Ed., 514, the Supreme Court of the United States, speak-
 
 218 Federal Criminal Law Procedure. 
 
 ing through Mr. Justice Gray, held that the word "cash" 
 in the Act forbidding a postmaster to sell or dispose of 
 postage stamps except for cash, means ready money or 
 money in hand. A sale on credit is not a sate for cash. 
 That case further determines that an offer to a post- 
 master, promising him that if he would put postage 
 stamps on certain circulars and send them at the rate of 
 fifty to one hundred, that the writer would remit to him 
 the price of the stamps, that such an offer was the tender 
 of a contract for the payment of money to induce the 
 posmaster to sell stamps on credit, in violation of his 
 lawful duty, and that an offer of a contract to pay money 
 to a postmaster for an unlawful sale by him of postage 
 stamps on credit is not the less within the statute, (the 
 Court was then considering Section 5451 of the old Re- 
 vised Statutes), because his commission on the sale 
 would be no greater than upon a lawful sale for cash. In 
 United States vs. Walter Scott Stamp Company, 87 Fed- 
 eral, 721, Circuit Judge Lacombe, in passing upon a civil 
 action of replevin brought by the government against a 
 concern that had in its possession a great number of 
 stamps, decided that the possession of stamps by persons 
 outside of and unconnected with the Post-office Depart- 
 ment is not presumptively unlawful. 
 
 § 67a. Receiving Stolen Property, Etc. — See Section 
 74_Section 48 of the Act of March 4, 1909, 35 Stats., 
 1098, page 1603, 1911 Supp. Compiled Statutes, pro- 
 vides: "Whoever shall receive, conceal, or aid in con- 
 cealing or shall have or retain in his possession with 
 intent to convert to his own use or gain any money, prop- 
 erty, record, voucher, or valuable thing whatever of the 
 moneys, goods, chattels, records or property of the Unit- 
 ed States which has theretofore been embezzled, stolen or 
 purloined by any other person, knowing the same to have 
 been so embezzled, stolen or purloined, shall be fined not 
 more than five thousand dollars or imprisoned not more 
 than five years, or both; and such person may be tried 
 either before or after the conviction of the principal of- 
 fender. ' '
 
 Postal Crimes. 219 
 
 The Court of Appeals for the Eighth Circuit, speaking 
 through Judge McPherson, in Naftzger vs. U. S., 200 
 Fed. 497, in reversing a conviction under this statute, 
 determined that inasmuch as an allegation in the indict- 
 ment that the stamps had been stolen from the United 
 States was necessary to give a United States court juris- 
 diction, there must be some substantial proof offered to 
 establish this fact, and that hearsay testimony of post- 
 office inspectors would not meet the required measure. 
 The allegation in that case on this particular point was 
 that the stamps had been stolen from post-offices in Kan- 
 sas, the exact names of which were to the grand jurors 
 unknown, and the Court held that this allegation having 
 been made, it was necessary to prove it. 
 
 It was further held in this case that a conviction upon 
 extrajudicial confession or acts or declarations of a per- 
 son will not be sustained without corroborative proof 
 that the property was in fact stolen. 
 
 It is improper to admit testimony of post-office inspec- 
 tors that a number of post-offices had been burglarized, 
 for the purpose of showing the theft of postage stamps, 
 even though such testimony is limited by the Court's 
 charge to the issue of defendant's knowledge and the 
 case of Grayson vs. Lynch, 163 U. S., 468, does not state a 
 rule of criminal law. Naftzger vs. U. S., 200 Federal, 500. 
 
 § 68. Failure to Account for Postage and to Cancel 
 Stamps. — Section 209 of the new Code, reading as fol- 
 lows: 
 
 "Whoever, being a postmaster or other person engaged in the postal 
 service, shall collect and fail to account for the postage due upon any 
 article of mail matter which he may deliver, without having previously 
 affixed and canceled the special stamp provided by law, or shall fail 
 to affix such stamp, shall be fined not more than fifty dollars." 
 
 relates evidently only to what is commonly known as 
 special or due postage. It was originally a part of the 
 Act of March 3, 1879, as shown at page 249 of the First 
 Volume of the Supplement, and was Section 27 of that 
 
 Act. 
 
 § 69. Issuing Money Order Without Payment.— Sec- 
 tion 210 of the new Code reads as follows:
 
 220 Fkderal. Criminal Law Procedure. 
 
 "Whoever, being a postmaster or other person employed in any 
 branch of the postal service, shall issue a money order without having 
 previously received the money therefor, shall be fined not more than 
 five hundred dollars." 
 
 The only difference between it and 4030 of the Revised 
 Statutes, which was directed at the same offense, is that 
 the new Code contains no minimum fine, and does not 
 denounce the offense as a misdemeanor. In view of the 
 lightness of the punishment and the dire consequences of 
 issuing money orders without having received the money 
 therefor, it is believed that Section 210 was intended 
 merely for the punishment of postal employees who 
 through negligence, and not by reason of any fraudulent 
 design, issue a money order without previously having 
 received the money therefor. Practically the entire mon- 
 ey-order funds of the government are at the disposal 
 of each employee who has authority to issue money- 
 orders, and a punishment so light as that affixed under 
 this section would be entirely disproportionate to the 
 grievousness of the offense, and all fraudulent issues, 
 therefore, of money orders, by postal employees, should 
 or may be prosecuted under Section 218 of the new Code, 
 as they were under 5463 of the old statutes and amend- 
 ments thereto. 
 
 § 69a. Conviction Under One Statute No Bar, When. 
 — A conviction under Section 210 would not be a bar to 
 a conviction under Section 218 which follows, for the 
 reason that where an offense is in violation of two differ- 
 ent statutes, and a different proof is required to convict 
 under one, different elements or grounds being involved 
 in each, a conviction or acquittal under one statute is 
 not a bar to a prosecution under the other. U. S. vs. 
 Komie, 194, Federal 567; Carter vs. McClaughry, 183 U. 
 S., 365; Barton vs. IT. S., 202 U. S., 344; Gavieres vs. U. 
 S., 220 U. S., 338. 
 
 § 70. Counterfeiting Money Orders, Etc., and Fraudu- 
 lently Issuing the Same Withou't Having Received the 
 Money Therefor. — Section 218 of the new Code embraces 
 all the features of 5463 of the old statute, the Act of the 
 third of January, 1887, First Supplement, 518, and the
 
 Postal Crimes. 221 
 
 Act of the eighteenth of June, 1888, First Supplement, 
 593, and reads as follows: 
 
 "Whoever, with intent to defraud, shall falsely make, forge, counter- 
 feit, engrave, or print, or cause or procure to be falsely made, forged, 
 counterfeited, engraved or printed, or shall willingly aid or assist in 
 falsely making, forging, counterfeiting, engraving or printing, any 
 order in imitation of or purporting to be a money order issued by 
 the Post-office Department, or by any postmaster or agent thereof; or 
 whoever shall forge or counterfeit the signature of any postmaster, 
 assistant postmaster, chief clerk, or clerk, upon or to any money 
 order, or postal note, or blank therefor provided or issued by or under 
 the direction of the Post-office Department of the United States, or of 
 any foreign country, and payable in the United States, or any material 
 signature or endorsement thereon, or any material signature to any 
 receipt or certificate of identification thereon; or shall falsely alter 
 or cause or procure to be falsely altered in any material respect, or 
 knowingly aid or assist in falsely so altering any such money order 
 or postal note; or shall, with intent to defraud, pass, utter, or publish 
 any such forged or altered money order or postal note, knowing any 
 material signature or endorsement thereon to be false, forged, or 
 counterfeited, or any material alteration therein to have been falsely 
 made;) or shall issue any money order or postal note without having 
 previously received or paid the full amount of money payable therefor, 
 with the purpose of fraudulently obtaining or receiving, or fraudulently 
 enabling any other person, either directly or indirectly to obtain or 
 receive from the United States or any officer employed, or agent there- 
 of, any sum of money whatever; or shall with intent to defraud the 
 United States or any person, transmit or present to, or cause or pro- 
 cure to be transmitted or presented to, any officer or employee or at 
 any office of the' government of the United States, any money order or 
 postal note, knowing the same to contain any forged or counterfeited 
 signature to the same, or to any material endorsement, receipt, or 
 certificate thereon, or material alteration therein unlawfully made, or 
 to have been, unlawfully issued without previous payment of the 
 amount required to be paid upon such issue, shall be fined not more 
 than five thousand dollars, or imprisoned not more than five years, 
 or both." 
 
 An indictment under the forging or counterfeiting fea- 
 ture of this section must contain no incompatibility of 
 purport and tenor clauses, and it is decidedly the safer 
 plan for the bill to set out in haec verba the instrument, 
 and the pleader must take careful notice that the instru- 
 ment so set out does not differ in any respect from that 
 portion of the bill giving the purport of the forged in- 
 strument.
 
 222 Federal Criminal Law Procedure. 
 
 The old Common Law rule that a fictitious name could 
 not be subject to forgery, for the reason that there would 
 be no one to be defrauded, has a marked exception under 
 this statute. In ex parte Hibbs, 26 Federal, 421, which 
 was a case that arose by reason of a postmaster issuing a 
 money order on the application of a fictitious person pay- 
 able to a certain bank, to which he at the same time wrote 
 in the name of such person, directing that the amount of 
 the order be collected and remitted to him in a registered 
 package, which he intercepted as it passed through his of- 
 fice, converting the contents to his own use, the Court 
 held that the Act of the postmaster constituted forgery, 
 both at Common Law and under the statute, to wit, 5463. 
 
 In United States vs. Eoyer, 122 Federal, 844, the gov- 
 ernment elected to prosecute a clerk in a post-office au- 
 thorized to issue money orders, who had issued money 
 orders in payment of his private debts, under Section 
 4046 of the Revised Statutes, for an embezzlement of 
 money order funds. Clearly, he was also guilty of a 
 violation of Section 5463, after having issued the orders 
 without first having received the money therefor, but the 
 decision of the Court in that case shows to what extent 
 an employee empowered to issue money orders may dep- 
 redate upon the Government funds. In Vives vs. United 
 States, 92 Federal, 355, Judge Pardee, speaking for the 
 Circuit Court of Appeals for the Fifth Circuit, with ref- 
 erence to the defendant's use of money order funds by 
 drawing money orders without previously receiving the 
 money therefor, and which was a prosecution for em- 
 bezzlement under 4046, said that the intention of the 
 employee to return the money to the Government when 
 a settlement of his account would have been due was no 
 defense under the law. In United States vs. Long, 30 
 Federal, 678, Judge Speer, in charging the jury, said that 
 forgery, being the fraudulent making or alteration of a 
 writing to the prejudice of another man's right, and that 
 one may be guilty of such forgery if he fraudulently signs 
 his own name, although it is identical with the name of 
 the person who should have signed. He further holds in 
 the same case that the signature to a receipt on a money 
 order is a material signature in the meaning of the law.
 
 Postal Crimes. 223 
 
 It may be here remarked that that portion of the stat- 
 ute which relates to the forgery of a material endorse- 
 ment or signaure to a money order or any receipt thereon, 
 is the portion of the law most frequently violated. 
 
 It must be continually borne in mind that the indict- 
 ment must charge, and the proof must show that the forg- 
 ery or other acts committed under this section were 
 so committed with the intention to defraud. In 
 United States vs. Morris, 16 Blatchf. (United States), 
 133, 26 Federal Cases No. 15813, the Court held that even 
 though an indictment charged the defendant with having 
 forged a material endorsement upon a post-office money- 
 order with the intent to defraud a certain private person, 
 the same was sufficient, because it was still an act which 
 the United States had the authority to punish, for the 
 better protection of money orders lawfully issued by the 
 United States. 
 
 Judge Thayer, in United States vs. Crecilius, 34 Fed- 
 eral, page 32, said that the word "alter," as used in this 
 statute, described an act or acts not distinctly covered or 
 embraced by any preceding word. 
 
 Under the statute as it is now drawn, there is prac- 
 tically no act, alteration, erasure, or change that can be 
 made to a money order with fraudulent intent that is not 
 by some of the terms of the statute fitted with the mean- 
 ing of the same. 
 
 See Sections 69 and 69a. Also U. S. vs. Komie, 194 
 Federal, 567. 
 
 § 71. Counterfeiting Postage Stamps, Domestic or 
 Foreign. — Sections 5464 and 5465 of the old statutes pro- 
 tected from forging and counterfeiting the stamps and 
 envelopes and other output of the Post-Office Department 
 which were for the purpose of paying postage, whether 
 of this or a foreign country. These two statutes with 
 some change in punishment, have become Sections 219 
 and 220 of the new Code, and they read as follows : 
 
 "Sec. 219. Whoever shall forge or counterfeit any postage stamp or 
 any stamp printed upon any stamped envelope or postal card, or any 
 die, plate, or engraving therefor; or shall make or print, or know- 
 ingly use or sell, or have in possession with intent to use or sell, any 
 such forged or counterfeited postage stamp, stamped envelope, postal
 
 224 Federal Criminal Law Procedure. 
 
 card, die, plate, or engraving; or shall make or knowingly use or 
 sell, or have in possession with intent to use or sell, any paper bearing 
 the water-mark of any stamped envelope, or postal card, or any fraud- 
 ulent imitation thereof; or shall make, or print, or authorize or pro- 
 cure to be made or printed, any postage stamp, stamped envelope, or 
 postal card of the kind authorized and provided by the Post-office 
 Department, without the special authority and direction of said De- 
 partment; or shall, after such postage stamp, stamped envelope, 
 or postal card has been printed, with intent to defraud, deliver the 
 same to any person not authorized by an instrument in writing duly 
 executed under the hand of the Postmaster General and the seal of the 
 Post-office Department, to receive it, shall be fined not more than five 
 hundred dollars, or imprisoned not more than five years, or both.'' 
 
 "Sec. 220. "Whoever shall forge, counterfeit, or knowingly utter or 
 use any forged or counterfeited postage stamp of any foreign govern- 
 ment, shall be fined not more than five hundred dollars, or imprisoned 
 not more than five years, or both." 
 
 It will be observed that each of the sections fails to in- 
 clude any word with reference to intent, and in the ab- 
 sence of any such word, and under the authority of United 
 States vs. Coppersmith, 4 Federal, 198, and United States 
 vs. Field, 16 Federal, 779, it would seem that an indict- 
 ment does not have to charge fraudulent intent in alleg- 
 ing the ingredients of a counterfeiting or forging charge. 
 It is quite apparent that the observations in the two cases 
 just, cited that these offenses are not felonies, by reason of 
 the repeal of the old statute, when the Act of June 8, 
 1872, became effective, is forceless under the new sec- 
 tions, because the new Code itself denominates all offenses 
 felonies where the punishment may be confinement for a 
 vear. 
 
 Notwithstanding the severity of the punishment and 
 the meaning usually given to the words "counterfeit" or 
 "forge" in criminal statutes, which invariably implies 
 venality and corruption, the language of these sections 
 would seem to indicate that it was the intention of Con- 
 gress to so denounce in definition, and by severe punish- 
 ment, and to prevent, if possible, even experimenting in 
 the reproduction of facsimiles of postage stamps, envel- 
 opes, cards, etc., like those made by the Government, be- 
 cause it may be argued that no one would trouble himself 
 to facsimile such a small article, unless he intended to
 
 Postal Ceimes. 225 
 
 work injury. On the other hand, this may be one of those 
 statutes in which Congress has neglected to include all 
 of the elements of the offense, and it thereupon devolves 
 upon the pleader to draw his bill sufficiently broad to 
 define the offense, even though the statute does not do so. 
 § 72. Misappropriation of Postal Funds or Property 
 by Use or Failure to Deposit.— Section 225 of the new 
 Code, reads as follows: 
 
 Whoever, being a postmaster or other person employed in or con- 
 nected with any branch of the postal service, shall loan, use, pledge, 
 hypothecate, or convert to his own use, or shall deposit in any bank 
 or exchange for other funds or property, except as authorized by law, 
 any money or property coming into his hands or under his control, 
 in any manner whatever, in the execution or under color of his office, 
 employment, or service, whether the same shall be the money or 
 property of the United States or not; or shall fail or refuse to remit 
 to or deposit in the Treasury of the United States, or in a designated 
 depository, or to account for or turn over to the proper officer or 
 agent, any such money or property, when required so to do by law or 
 the regulations of the Post-office Department, or upon demand or order 
 of the Postmaster General, either directly or through a duly author- 
 ized officer or agent, shall be deemed guilty of embezzlement and 
 every such person, as well as every other person advising or know- 
 ingly participating therein, shall be fined in a sum equal to the amount 
 or value of the money or property embezzled, or imprisoned not more 
 than ten years, or both. Any failure to produce or to pay over any 
 such money or property, when required so to do as above provided, 
 shall be taken to be prima facie evidence of such embezzlement and 
 upon the trial of any indictment against any person for such embez- 
 zlement, it shall be prima facie evidence of a balance against him to 
 produce a transcript from the account books of the Auditor for the 
 Post-office Department. But nothing herein shall be construed to 
 prohibit any postmaster depositing, under the direction of the Post- 
 master General, in a national bank designated by the Secretary of 
 the Treasury for that purpose, to his own credit as postmaster any 
 funds in his charge, nor prevent his negotiating drafts or other evi- 
 dences of debt through such bank, or through United States disbursing 
 officers or otherwise, when instructed or required so to do by the 
 Postmaster General for the purpose of remitting surplus funds from 
 one postoffice to another." 
 
 It supplants and takes the place of 4046 and 4053, Ee- 
 vised Statutes of 1878. The prosecution frequently com- 
 prised in one indictment against the same defendant vio- 
 lations of the two old statutes, laying a count under 4046 
 
 15
 
 226 Federal Criminal Law Procedure. 
 
 and then a count under 4053. These statutes are for the 
 purpose of affording another guaranty that the govern- 
 ment shall take no chances whatever in the result of the 
 judgment of its employees. A postmaster or a postal 
 employee may be honest, and intend to only temporarily 
 use the funds that belong to the Government which are 
 in his custody or possession, but such honest intent with 
 reference to the subsequent replacing is no protection 
 against prosecution under this statute. Any use or ap- 
 propriation or the failure to deposit, as required by the 
 regulations, constitutes embezzlement within meaning of 
 this section. The Act not only protects money, but it 
 likewise protects any property that may belong to the 
 Postal Department. 
 
 The law of embezzlement is statutory. It originated 
 in a bungling attempt to amend the Common Law of lar- 
 ceny, and is indeed a sort of statutory larceny. The 
 methods of use or appropriation, therefore, denounced in 
 the statute, are sufficient to describe this particular stat- 
 utory embezzlement. In United States vs. Gilbert, 25 
 Federal Cases No. 15205, the Court used the following 
 language: 
 
 "It is evident that an embezzlement such as is contemplated by this 
 section may be proved in either one of two ways: first, by showing 
 that in point of fact the postmaster has converted to his own use 
 money order funds;) second, by his failure to pay over such funds 
 when required either by the law or regulations, or when demand is 
 made by an officer authorized for that purpose — Although it is true 
 that the funds were subsequently paid into the post-office, and although 
 it may also be, and probably was, true that these funds, when thus 
 converted, were intended and expected to be replaced, so that the 
 Government should sustain no loss, which goes very far toward 
 mitigating the offense, yet it is obvious that the enforcement of this 
 section in all its strictness is essential to this class of government 
 funds, and to the discouragement of postmasters from even temporarily 
 using them for private purposes. The intention of replacing them, 
 however honestly entertained, cannot be accepted as an excuse or 
 apology for violating the law, as one may be disappointed by un- 
 expected circumstances, and thus not only endanger the moneys of 
 the Government, but involve himself in difficulty and criminal pros- 
 ecution. The law intends that funds of this character should be kept 
 absolutely separate and sacred, as the best method, not only of keeping 
 the funds themselves secure, but of guarding the officers themselves 
 

 
 Postal Ceimes. 227 
 
 from temptation and delinquency. A diversion of money order funds 
 in any way whatever prohibited by this section, or for any time, how- 
 ever short, constitutes embezzlement under this Act." 
 
 See also United States vs. Royer, 122 Federal, 844, 
 which applied the doctrine of refusing to permit the post- 
 al employee to use Government money order funds in 
 the payment of private debts by issuing money orders 
 upon blanks in the employee's possession; also Vives vs. 
 United States, 92 Federal, 355. The indictment, under 
 this section, must allege that the funds were intrusted 
 to the employee, so as to show the fiduciary capacity. U. 
 S. vs. Royer, 122 Federal, 844. It will be noticed that the 
 Act provides that a transcript from the account books of 
 the Auditor for the Post-office Department, showing a 
 balance against the officer, shall be prima facie evidence 
 of such embezzlement. This provision, while seemingly 
 harsh, is salutary; for otherwise, the officer could con- 
 tend that as a matter of fact there was no balance against 
 him, during which period of ascertainment he could be 
 enjoying the use of the funds. In United States vs. Swan, 
 7 N. M., 311, that portion of the statute was held to be 
 constitutional, and the Court there held that this pro- 
 vision was not in conflict with that section of the Consti- 
 tution which provides that in all criminal prosecutions 
 the accused shall enjoy the right to be confronted with 
 the witnesses against him. See also Faust vs. United 
 States, 163 U. S., 454; 41 Law Ed., 224. 
 
 In an indictment against a public officer for embezzle- 
 ment of public funds alleged to have been in his posses- 
 sion as such officer, the rule applied that it is sufficient to 
 charge that he embezzled same, without more, see U. S. 
 vs. Mason, 179 Federal, page 552, which case also holds 
 bill sufficient which specifies amount of money and states 
 grand jury is unable to give further information of de- 
 scription. 
 
 In United States vs. Young, 25 Federal, 710, the Court 
 passes upon a state of facts, and concludes that they in- 
 dicate that the prisoner was an adroit criminal rather 
 than an insane man, and, therefore, fixed responsibility 
 upon him for the temporary use of Government money,
 
 228 Federal Criminal Law Procedure. 
 
 under this statute. It must also be borne in mind that in 
 indictments under this section, against employees of the 
 postal service other than postmasters, it is not necessary 
 to allege nor to prove the want of consent of a postmaster 
 to the embezzlement of money order funds. Faust vs. 
 United States, 163 U. S., 454; 41 Law Ed., 224. It must 
 also be remembered that indictments under this section, 
 under the authority of Moore vs. United States, 160 IT. 
 S., 269; 40 Law Ed., 424, must allege that the funds came 
 into the possession of the defendant in his official charac- 
 ter and by virtue of such employment, and specifically set 
 out the sort of employment he was engaged in for the 
 Govrnment. 
 
 72 a. Indictment for Misappropriation of Postal 
 Funds, etc. 
 
 Foster vs. U. S., 256 F. 207; Ossendorf vs. U. S., 272 
 F. 257. 
 
 On a trial for a conversion it is improper to admit evi- 
 dence of failure to deposit, and a proper certificate must 
 be had from the postoffice department. Youmans vs. U. 
 S., 264 F. 425. 
 
 § 73. Rural Carriers Responsible Under This Section. 
 — In United States vs. Mann, 160 Federal, 552, District 
 Judge Speer held that the post-office regulations author- 
 izing rural letter carriers to take and receipt for money 
 from patrons of their routes, to purchase and forward 
 money orders to the persons for whom they are. designed, 
 did not make the money so received and receipted for by 
 rural carrier from patrons of his route, to be used in the 
 purchasing and forwarding of money orders, while in the 
 possession of such carrier, and before surrender at the 
 post-office, "money order funds," for the embezzlement of 
 which the carrier could be prosecuted under Section 4046. 
 This was the construction placed upon the statute with 
 reference to embezzlements by rural route carriers by 
 many of the trial courts, though there was some differ- 
 ence of opinion. It became and was, however, very nec- 
 essary that such funds should be protected, and the pro- 
 vision in the new section which protects the money "or 
 property coming into his hands, or under his control in 
 any manner whatever, in the execution or under color of
 
 Postal Crimes. 229 
 
 his employment or service, whether the same shall be the 
 money or property of the United States or not," clearly 
 protects all such funds, and gives to the statute a color 
 and meaning badly needed. 
 
 The reasoning with reference to allegations in the in- 
 dictment in Dimmick vs. United States, 121 Federal, 638, 
 though upon Section 5492 rather than the one under dis- 
 cussion, may be interesting, because under that statute, 
 similarly worded, the Circuit Court of Appeals for the 
 Ninth Circuit held that the jury must find, in order to 
 convict the defendant, that the failure to deposit was in- 
 tentional and wilful, and that these words intentional and 
 wilful must be read into the statute. 
 
 § 74. Stealing Post-office Property. — Section 190 of 
 the new Code enlarges the punishment, and simplifies old 
 Section 5475, and reads as follows: 
 
 "Whoever shall steal, purloin, or embezzle any mail bag or other 
 property in use by or belonging to the Post-office Department, or shall 
 appropriate any such property to his own or any other than its proper 
 use, or shall convey away any such property to the hindrance or 
 detriment of the public service, shall be fined not more than two 
 hundred dollars, or imprisoned not more than three years, or both." 
 
 The indictment under this section simply contains the 
 ordinary elements for the charging of statutory theft, or 
 Common Law larceny. That portion of the statute which 
 relates to the use of any property demands in the bill of 
 indictment to properly plead the offense the use of the 
 word showing intent and wilfulness. An innocent use or 
 mistaken use under this section it is not thought would 
 be an offense. In United States vs. Yennie, 74 Federal, 
 221, the Court held that a count might be laid under this 
 Section and a count under 5478 in the same indictment, 
 without being duplicitous. See 67a. 
 
 § 75. Other Offenses. — The new Code, in addition to 
 the offenses heretofore mentioned, creates and re-enacts 
 sections relating to the following: 
 
 Conducting Post-office without authority: Section 179, 
 old Eevised Statutes 3829. 
 
 Illegal carrying of mail by carriers and others: Section 
 180, old Section 3981.
 
 230 Federal, Criminal Law Procedure. 
 
 Conveyance of mail by private express forbidden: Sec- 
 tion 181, old Section 3982. 
 
 Transporting persons unlawfully conveying mail: Sec- 
 tion 182, old Section 3983. 
 
 Sending letters by private express: Section 183, old 
 Section 3984. 
 
 Conveying of letters over post roads: Section 184, old 
 Section 3985. 
 
 Carrying letters out of the mail, on board a vessel: Sec- 
 tion 185, old Section 3986. 
 
 When conveying letters by private person is lawful: 
 Section 186, old Section 3987.' 
 
 Wearing Uniform of carrier without authority: Sec- 
 tion 187, old Section 3867. 
 
 Vehicles, etc., claiming to be mail carriers: Section 188, 
 old Section 3979. 
 
 Deserting the mail: Section 199, old Section 5474: 
 
 Delivery of letters by master of vessel: Section 200, old 
 Section 3977. 
 
 Vessels to deliver letters at post-office; oath: Section 
 204, old Section 3988. 
 
 Letters carried in a foreign vessel to be deposited in a 
 post-office: Section 203; old Section 4016. 
 
 Using, selling, etc., canceled stamps, and removing can- 
 cellation marks from stamps, etc.: Section 305; old Sec- 
 tion 3922, 3923, 3924, and 3925. 
 
 Poisons and explosives non-mailable: Section 217, Old 
 Section 3878; First Supplement, 247, and Second Supple- 
 ment, 507. 
 
 Enclosing higher class in lower class matter: Section 
 221, old Section 3887 and First Supplement, 578. 
 
 Postmaster illegally approving bond, etc.: Section 222, 
 old Section 3947 and First Supplement, 45. 
 
 False evidence as to second-class matter: Section 223, 
 old Section, First Volume Supplement, 593 and 33 St. L., 
 823. 
 
 Inducing or prosecuting false claims: Section 224. 
 
 Employees not to become interested in contracts: Sec- 
 tion 226; old Section 412. 
 
 Fraudulent use of official envelopes: Section 227; old 
 Acts, First Supplement, 135 and First Supplement, 467.
 
 Postal Crimes. 231 
 
 Fraudulent increase of weight of mail: Section 228, old 
 Act, Second Supplement, 778 and 30 St. L., 442. 
 
 Offenses against foreign mail in transit: Section 229; 
 old statute 4013. 
 
 § 75a. Mail— Carrying Illegally.— Section 3985 of the 
 1878 Revised Statutes and Section 184 of the new code 
 prohibit the conveying of letters over and along post 
 roads. These inhibitions, however, do not prevent the 
 carrying of letters over a post road when such letters re- 
 late to the business of the carrier only. U. S. vs. Erie 
 Ry. Co., 235 U. S. 513, November Term, 1914. See also 
 Section 75 and the statutes therein cited bearing upon the 
 post-office business. The government controls exclusive- 
 ly such business and by various statutes protects such 
 monopoly. 
 
 75 b. Poison, etc., 
 
 Poison and explosives are non-mailable, see section 217 
 of the 1910 Code and section 3878 of the old revised stat- 
 utes. 
 
 In Murray vs. U. S. 247 F. 874, it was held that an 
 indictment which shows the condition of the statute is 
 sufficient to charge this offense. 
 
 75 b. b. Advertising or soliciting for Liquor Sales. 
 
 By the Act of Mar. 3, 1917, Sec. 9915, Barnes Fed. Code, 
 1919, it was provided that no letter, postal card, circular, 
 newspaper, pamphlet or publication of any kind contain- 
 ing any advertisement of spirituous, vinous, malted, fer- 
 mented, or other intoxicating liquors of any kind, or 
 containing a solicitation of an order, or orders for said 
 liquors, or any of them, shall be deposited in or carried 
 by the mails of the United States or delivered, etc., and 
 provides for a thousand dollar fine or six months im- 
 prisonment, or both.
 
 CHAPTER IV A. 
 
 PRACTICE HELPS. 
 
 § 75. c. Admiralty Rules. 
 75.cc. Court Cannot Instruct Verdict of Guilty. 
 75.C.C.C. Alibi. 
 75. d. Alien Property Act. 
 
 75.d.d. U. S. May Appeal Criminal Case, When. 
 75.d.d.d. Arrest of Judgment. 
 75. e. Army and Navy. 
 75.e.e. Adulterated Butter. 
 75.e.e.e. Bawdy House. 
 75.f. Child Labor Law. 
 75.f.f. Clayton Act. 
 75.f.f.f. Common Law Offenses. 
 75.g. Corpus Dilicti. 
 75.g.g. Counsel-Advice. 
 75.g.g.g. Costs in Criminal Case. 
 75. h. Cross Examination. 
 75.h.h. Decoys-Entrapment. 
 75.h.h.h. Demand on Deft, for Evidence. 
 75. i. Demurrer to Evidence. 
 75.j. Date-In Indictment. 
 75.j.j. Duress. 
 75.j.j.j. Eight Hour Law. 
 
 75.j.j.j.j. Federal Employees Injured and Compensated. 
 75. k. Entrapment-Inducement. 
 75.k.k. Expert Testimony. 
 75.k.k.k. Exceptions — Indictment. 
 
 75.k.k.k.k. Indictment-Information-Exceptions Continued. 
 75.1. Free Speech. 
 75.1.1. Habeas Corpus. 
 75.1.1.1. Hepburn Act. 
 75.m. Income Tax. . 
 75.m.m. Argument-Improper. 
 75.m.m.m. Injunction. 
 75.n. Criminal Intent. 
 75.n.n. Interest on Criminal Judgment. 
 75.n.n.n. Indians. 
 
 75. o. False Claims for Damages to Shipment. 
 75.0.0. Insanity-From Drugs or Liquor-Defense. 
 75.0.0.0. Court-Meaning. 
 75.p. Viruses-Serums, etc. 
 75. p.p. Public Lands. 
 75. p.p. p. Lever Act. 
 75. q. Letter Carriers. 
 
 232
 
 Practice Helps. 933 
 
 § 75.q.q. U. S. Marshal-Deputies, etc. 
 75.q.q.q. Memory Refreshing. 
 75.r. Mandamus-To Compel U. S. Court, etc., 
 75.r.r. Motion to Quash. 
 
 75.r.r.r. Newspaper-Affidavit as to Circulation. 
 75.s. Passports. 
 75.s.s. Fraud Order. 
 75.s.s.s. Warrant Issued by President. 
 75.t. Prisoners. 
 75.t.t. Subpoena-Duces Tecum. 
 
 75.t.t.t. Regulations by Commissoner of Internal Revenue 
 75.u. Revenue Law-What Is? 
 75.u.u. Repeal of Act, Right to Prosecute. 
 75.u.u.u. Sale-What Is? 
 75.v. Seamen. 
 75.v.v. Immunity Promises. 
 75.v.v.v. Strikers. 
 75.w. Trading with the Enemy. 
 75.w.w. Suits vs. U. S. 
 
 75.w.w.w. Government Control of Transportation. 
 75.x. "Unknown"-In Indictment. 
 75.x.x. Venue. 
 
 75.x.x.x. State Courts-Jurisdiction. 
 75.y. Wife-Cannot be Witness for Husband. 
 75. z. Trial of Deft. While he is Serving Term of Imprisonment. 
 
 Sec. 75c. Admiralty Rules. 
 
 Imprisonment for debt is likewise abolished in the ad- 
 miralty court. Admiralty Rules, 267 F. 
 
 Sec. 75cc Court Cannot Instruct a Verdict of Guilty. 
 
 Even upon an agreed statement of facts the court is 
 not permitted to instruct the jury to bring in a verdict 
 of guily in a criminal case, Blair vs. U. S. 241 F. 217. 
 
 Sec. 75c. c.c. Alibi. 
 
 In a prosecution for conspiracy the immediate presence 
 of the defendant after the formation of the conspiracy is 
 not necessarv to render him guilty, Ding vs. U. S. 246 F. 
 80. 
 
 Sec. 75d. Alien Property Act. 
 
 The trading with the Enemy Act Oct. 6, 1917, passed 
 by Congress after the declaration of war with Germany, 
 was a valid exercise of the war power, Fischer vs. Pal- 
 mer, 259 F. 355. 
 
 Sec. 75d.d. Appeal.
 
 234 Federal Criminal Law Procedure. 
 
 The United States may appeal in a criminal case, when 
 U. S. vs. Oppenheimer vs. U. S. Sup. Ct. Dec. 1916; U. S. 
 vs. Comyns, U. S. Snp. Ct. Jan. 1919. 
 
 Sec. 75d.d.d. Arrest of Judgment. 
 
 See. Andrews vs. U. S. 224 F. 418. 
 
 Sec. 75e. Army and Navy. 
 
 A person in custody for violation of the state law can- 
 not be released to enter the United States army although 
 subject thereto after his punishment is finished, ex parte 
 Callowav, 246 F. 263. 
 
 A minor will be released, when Rush 246 F. 172. 
 
 A minor may be released by a civil court before court- 
 martial charges begin, ex parte Avery, 235 F. 248. 
 
 For army laws see 239 F. 275. 
 
 Under the Act of 1916, the army age is eighteen years 
 and a sixteen year old boy may be re-taken by the par- 
 ents if no military offense has been committed, since 
 enlistment is not an offense under the above cases. 
 
 For a full discussion of the jurisdiction of the civil and 
 military courts see U. S. vs. Brown, 242 F. 983. 
 
 One over eighteen cannot be released, Reed vs. Cush- 
 man, 251 F. 872. 
 
 A person "attached to" the army is amenable to its 
 regulations, exparte Gerlach, 247 F. 616. 
 
 The action of the exemption board in classifying is fi- 
 nal, why and when 248 F. 141. 
 
 The forgery of a discharge from the army is a violation 
 of the Act of Mar. 4, 1917. For a full discussion of the 
 1917 draft act see the following cases; ex parte Cohen, 
 245 F. 667; Angelus vs. Sullivan, 246 F. 54; Arver vs. 
 U. S„ 245 U. S., 366; U. S. vs. Casey, 247 F. 362; U. S. 
 vs. Koop, 245 F. 871; U. S. vs. Baker, 247 F. 124; Pap- 
 pens vs. U. S., 252 F. 55; Sugar vs. U. S., 252 F. 79. 
 
 The selective act is constitutional, U. S. vs. Olson, 253 
 F. 232. 
 
 A "deserter" is one who is absent without leave and 
 with a manifest intention not to return, while a "strag- 
 gler" is one who is absent without leave, with the prob- 
 ability that he does not intend to desert but, if his absence 
 continues for ten davs, he becomes a deserter, Reed vs. 
 U. S., 252 F. 21.
 
 Practice Helps. 235 
 
 Sec. 75e.e. Butter Adulterated. 
 
 For a discussion of the act of May, 1902, with reference 
 to adulterated butter see, Henningsen vs. Whaler, 238 F. 
 650. 
 
 Sec. 75e.e.e. Bawdy House. 
 
 For decisions under the war act relating to the main- 
 tenance and establishment of disorderly houses see Holmes 
 vs. U. S., 269 F. 489; Nakano vs. U. S., 262 F. 761; Pap- 
 pens vs. U. S., 252 F. 55; U. S. vs. Hicks, 256 F. 707; 
 Grancourt vs. U. S., 258 F. 25; Thaler vs. U. S., 261 F. 
 746. See also U. S. vs Casey, 247 F. 362; Brown vs. U. 
 S. 260 F. 752; Anzine vs. U. S., 260 F. 827; Goublin vs. 
 U. S. 261 F. 5; Pollard vs. U. S., 261 F. 336; McKnight 
 vs. U. S., 249 U. S., 614. 
 
 Sec. 75f. Child Labor Law. 
 
 The Act of Sep. 1, 1916, C. 432, 39 Stat. 675, was de- 
 clared unconstitutional by the Supreme Court of the 
 United States of June 3, 1918, in the case of Hammer vs. 
 Dagenhart. 
 
 Sec. 75ff. Clayton Act. 
 
 See monopoly; trust statute; Sherman law. 
 
 For a decision drawing distinction between agencies 
 and sale see Curtis Publishing Company vs. Fed. 270 F. 
 881; strikes, boycott and injunction in re Duplex 252 F. 
 722; patents, etc., U. S. vs. United Shoe 264 F. 138. 
 
 A contract for exclusive sale is a violation, Standard 
 vs. Magrane 254 F. 493; the agricultural exceptions of 
 the act are construed in U. S. vs. King, 250 F. 908. A 
 contract between the publisher and district agent for 
 exclusive handling of publications is not a violation, Pic- 
 torial vs. Curtis Publishing Company, 255 F. 206. 
 
 For indictment under this act see Boyle vs. U. S. 259 F. 
 803; Belfi vs. U. S. 259 F. 822. 
 
 Manufacturers binding agents as to re-sale is a viola- 
 tion, U. S. vs. Schrader, U. S. Sup. Ct, Rep, Mar. 1920, 40 
 Sup. Ct. Rep. 251. 
 
 A contract requiring a patent licensee to buy material 
 to make the machinery of the seller is not a violation, 
 Westinghouse vs. Diamond, 268 F. 121.
 
 2«?6 Federal Criminal Law Procedure. 
 
 Labor unions have no right under the Clayton or Sher- 
 man Acts to boycott and restrain inter-state trade, Du- 
 plex vs. Deering, U. S. Sup. Ct. Jan. 1921, 41 Sup. Ct. 
 Eep. 172. 
 
 Sec. 75f.f.f. Common Law Offenses. 
 
 There are no common law offenses known to the Fed- 
 eral jurisdiction. There are only such Federal offenses 
 as have been created by Federal negation statutes, Ham- 
 burg vs. U. S. 250 F. 747; Couture vs. U. S. 256 F. 525. 
 
 Before a man can be punished his case must be plainly 
 and unmistakably within the statute said the Supreme 
 Court in U. S. vs. Lacker, 134 U. S. 624. An offense 
 which may be the subject of criminal procedure is an act 
 committed or omitted in violation of a public law either 
 forbidding or commanding it, U. S. vs. Eaton, 144 U. S. 
 677. There are no common law oifenses against the Unit- 
 ed States, U. S. vs. Britton, 108 U. S. 199; U. S. vs. Hud- 
 son, 7 Cranch, 32; Tenn. vs. Davis, 100 U. S. 257; Benson 
 vs. McMakon, 127 U. S. 457. 
 
 Sec. 75g. Corpus Delicti. 
 
 Judge Wade speaking for tke Circuit Court of Appeals 
 for tke 8th Circuit in Goff vs. U. S., 257 F. 294, held that, 
 "we do not hold that declarations of a party may not be 
 considered in finding the corpus delicti; but, standing 
 alone, they are insufficient, and other facts and circum- 
 stances cannot be said to be corroborative when they 
 point as directly to some other offense as they do to the 
 crime charged," see also Naftzger vs. U. S. 200 F. 494; 
 Chamberlayne, evidence, Sec. 1600. 
 
 Sec. 75g.g. Counsel — Advice. 
 
 In order that a defendant may justify himself by show- 
 ing that he acted on the advice of his attorney it must 
 appear that all of the acts which go to make up the 
 charged criminal offense must have been before the at- 
 torney when he gave the advice, Hardy vs. U. S., 256 F. 
 284. 
 
 It is a well settled rule that every one is presumed 
 to know the law and that one's ignorance of it furnishes 
 no exemption for his act. In Hoover vs. State. 59 Ala. 
 57; Weston vs. Com, 111 P. A. 251; State vs. Foster, 22 
 B. I. 163; U. S. vs. Anthony, 24 Fed. case, 14459, it was
 
 Practice Helps. 237 
 
 held to be no defense that the defendant had been advised 
 by counsel that the law whose violation was alleged was 
 unconstitutional and it has been repeatedly held that on 
 a prosecution for bigamy or adultery that it is no de- 
 fense that the accused believed, on the advice of counsel, 
 that he had a right to marry, State vs. Goodenow 65 Me. 
 30; People vs. Weed, 29 Hun, 628; Medrano vs. State, 32 
 Tex. Crim. 214. 
 
 Further exceptions to this same rule are, a, where a 
 specific intention is essential, as where a person charged 
 with theft actually believed the property he took to be 
 his own, Com vs. Stebbins, 8 Gray, Mass, 492; People 
 vs. Husband, 36 Mich. 306. But ignorance of the law may 
 be considered a mitigation of punishment, see also fur- 
 ther discussion of the question in 12 Cyc. 156-160. 
 Sec. 75g.g.g. Costs in Criminal Cases. 
 Sec. 1014 provides that the cost of the preliminary 
 examination shall be at the expense of the United States. 
 The costs of the trial proper may be adjudged against the 
 defendant, as provided by Sec. 974, U. S. vs. Briebach, 
 245 F. 204. 
 
 Sec. 75h. Cross Examination. 
 
 The prosecution is bound by the answer of the defend- 
 ant as to a wholly collateral charge against him and may 
 not resort to the judgment roll to contradict him. Bill- 
 iard vs. U. S., 245 F. 837. 
 
 Cross examination may extend to the subject matter 
 inquired about on direct examination, 232 F. 444. 
 
 A defendant's failure to answer may be commented on, 
 Lemore vs. U. S., 253 F. 887. 
 
 In a criminal prosecution for, using the mails to de- 
 fraud, it was prejudicial error to permit counsel for the 
 government, on cross examination of defendant, to in- 
 quire as to the property he owned at the time of the al- 
 leged offense, and at the time of trial, Culver vs. U. S., 
 257 F. 63. 
 
 Sec. 75h.h. Decoys— see Entrapment. 
 The employment of decoy letters by a government in- 
 spector is not an objection to a conviction for mailing 
 obscene matter, Price vs. U. S., 165 U. S. 311. See postal 
 violations.
 
 238 Federal Criminal Law Procedure. 
 
 Where the deception, in the way of decoys or detec- 
 tives is of such character as to make it unconscionable 
 for the government to press its case it should prevent 
 prosecution, Goldstein vs. U. S. 813. 
 
 A defendant cannot be convicted of a crime which was 
 provoked or induced by a government officer or agent, 
 and which otherwise would not have been committed, U. 
 S. vs. Lynch, 256 F. 983. 
 
 Sec. 75h.h.h. Demand on Defendant for Evidence. 
 
 It is inexcusable misconduct for a prosecuting attorney 
 to make a demand on the defendant or his attorney in 
 the presence of the jury for the production of evidence 
 in the defendant's possession, Green vs. U. S. 266 F. 779; 
 Mc Knight vs. U. S., 122 F. 926; Heinze vs. U. S., 181 F. 
 322;- Trent vs. U. S., 228 F. 648; Watlington vs. U. S., 
 233 F. 247. The trial court might remedy the wrong, 
 Chadwick vs. U. S., 141 F. 225; Dunlop vs. U. S., 165 
 U. S., 486. But the court must act promptly both by 
 chiding the prosecuting officer and by proper instruction 
 to the jury. 
 
 In the case of Bryant vs. U. S., 257 F. 383, the Court 
 of Appeals for the 5th Circuit held that where the prose- 
 cution traced, by the testimony, before the jury, the 
 documentary evidence into the hands of the defendant, 
 and then introduced secondary evidence, that such action 
 was not error, the District Judge having instructed the 
 jury to disregard such evidence. This ruling is danger- 
 ous in the judgment of the writer and is in violation of the 
 spirit of the constitution. No action should be permitted 
 which requires any sort of an explanation by the defend- 
 ant, nor, which calls the attention of the jury to the fact 
 that the defendant is not making an explanation. The 
 right of the defendant to stand as an innocent man until 
 he has been proven guilty is too sacred in this country to 
 permit it to be undermined or whittled away. 
 
 Sec. 75i. Demurrer to Evidence. 
 
 The proper practice with reference to the entry of a 
 demurrer to the testimony of the prosecution is outlined 
 in the following cases, Dernberger vs. B. & 0., 243 F. 21; 
 Lohman vs. Co., 243 F. 517; Rich vs. U. S., 271 F. 566. 
 
 Sec. 75j. Date — In Indictment.
 
 Practice Helps. 239 
 
 Correct pleading requires a definite allegation as to 
 the date of the offense, but the prosecution is not bound 
 to prove the date as alleged, U. S. vs. Gaag, 237 F. 730; 
 Ledbetter vs. U. S., 170 U. S. 606; Firth v. U. S., 253 F. 
 37. 
 
 Sec. 75j.j. Duress. 
 
 In the case of Ford vs. U. S., 259 F. 553, the Circuit 
 Court of Appeals for the 8th Circuit speaking through 
 Circuit Judge Stone very properly held that where tes 
 tirnony vital to conviction is given under duress no con- 
 viction based thereon will be permitted to stand. 
 
 The courts cannot be too emphatic against the admis- 
 sion of such confessions of such testimony as may disclose 
 that it was the result of official oppression. As the coun- 
 try grows more populous and officers are less close to 
 the community we must be careful indeed that there are > 
 no official inquisitions for the alleged purpose of the en- 
 forcement of the law. A peace officer has no right to 
 intimidate, nor, to harm, nor, to punish, nor, to bear down 
 in any way upon a citizen for the pretended purpose of 
 securing testimony. The outrage, for such it is, is more 
 serious than at first impression one would think. 
 
 Sec. 75j.j.j. Eight Hour Law. 
 
 The Act of May 4, 1916, C. 109, 39 Stat. 61, provides cer- 
 tain penalties for violations of what is called the Adam- 
 son or Eight Hour Law on interstate railways. 
 
 ''Any common carrier or any officer or agent thereof, 
 requiring or permitting any employee to go, be or remain 
 on duty in violation of the second section hereof shall 
 be liable to a penalty of not less than one hundred dollars 
 nor more than five hundred dollars for each and every 
 violation, to be recovered in a suit or suits to be brought 
 by the United States District Attorney having jurisdic- 
 tion in the localitv where such violation shall have been 
 committed. ' ' 
 
 The act also provides "any person violating any pro- 
 vision of this act shall be guilty of a misdemeanor and 
 upon conviction shall be fined not less than one hundred 
 dollars and not more than one thousand dollars or im- 
 prisonment not to exceed one year, or both."
 
 240 Federal Criminal Law Procedure. 
 
 The act also makes provision for appointment of a com- 
 mission and provision for no reduction in wages pending 
 a report and otherwise regulates the conduct of the labor 
 for such common carriers, Act. Sep. 3, 1916 C. 436, Sec. 1 ; 
 Sees. 8089-8096, Barnes 1919. 
 
 By the Acts of Aug. 1, 1892, C. 352, 27 Stat. 340 and 
 Mar. 3, 1913, C. 106, 37 Stat. 726, an eight hour day for 
 laborers and mechanics on government work is legislated. 
 
 Any government officer or agent is deemed guilty of 
 a misdemeanor who violates its provisions and shall be 
 punished upon conviction by fine not to exceed one thou- 
 sand dollars or by imprisonment for not more than six 
 months or by both fine and imprisonment, Barnes 1919 
 Fed. Code, pages 1945-1947. 
 
 75.jj.j.j. Federal Employees Injured and Compensat- 
 ed. 
 
 The Act of Sep. 7, 1916, provides compensation for dis- 
 ability or death of an employee resulting from a personal 
 injury sustained while in the performance of his duty as 
 an employee of the United States, but no compensation 
 shall be paid if the injury or death is caused by the wil- 
 full misconduct of the employee or by the employee's 
 intention to bring about the injury or death of himself or 
 of another or if intoxication is the proximate cause. 
 
 The act provides for an affidavit with reference to the 
 amount of wages and contains many other provisions and 
 then contains this section, "whoever makes, in any affi- 
 davit required under section 4, or in any claim for com- 
 pensation, any statement, knowing it to be false, shall be 
 guilty of perjury and shall be punished by a fine of not 
 more than two thousand dollars, or by imprisonment for 
 not more than one year, or by both such fine and im- 
 prisonment," Sec. 39, Act. Sep. 7, 1916, C. 458, 39 Stat. 
 749; page 1953, 1919 Barnes' Fed. Code. 
 
 Sec. 75k. Entrapment — Inducement. 
 
 The appointing of professional detectives and agents 
 and deputies and decoys in the securing of testimony 
 and conviction of persons who transgress the law has 
 very naturally, resulted in abuses by persons and the 
 courts have been compelled to refuse to permit convic- 
 tions to stand where the methods employed seemed to be
 
 Practice Helps. 241 
 
 an entrapment of the citizen or the inducing of a citizen 
 to do the thing that the government was prosecuting him 
 for having done. The fact that a detective or other per- 
 son suspected that the defendant was about to commit a 
 crime and prepared for his detection, as a result of which 
 he was entrapped in its commission, is no excuse, if the 
 defendant alone conceived the original criminal design. 
 If, however, the prosecutor in setting his trap waives his 
 legal rights, as where he consented to the act, and the of- 
 fense required want of consent on his part, the prosecu- 
 tion will fail, 12 Cyc. 160, where many cases are cited 
 form many states. See Decoys. 
 
 See also Billingsley vs. U. S., 274 F. 86, which gives the 
 rule; U. S. vs. Eman, 271 F. 353; Butts vs. U. S., 273 F. 
 35; Peterson vs. U. S., 255 F. 433; Partan vs. U. S., 261 
 F. 515; Farley vs. U. S., 269 F. 721; Rothman vs. U. S., 
 270 F. 31. 
 
 Sec. 75k.k. Expert Testimony. 
 
 The admissibility of expert testimony, as dependent on 
 the qualifications of the expert, is to be determined by 
 the trial judge, and its probative value is to be appraised 
 by the jury, U. S. vs. Fischer, 245 F. 477. 
 
 Sec. 75k.k.k. Exceptions — Indictment. 
 
 It is always the safest practice to negative the excep- 
 tions of a statute, even though, there might be a given 
 state of facts which would render it unnecessary, Young 
 vs. U. S., 249 F. 937; Krause vs. U. S. 267 F. 183; Roth- 
 man vs. U. S., 270 F. 31. 
 
 Sec. 75k.k.k.k. Indictment and Information. 
 
 An indictment need not negative the exceptions in the 
 statute. Especially is this true in view of section 32 of 
 the Act which provides that it shall not be necessary in 
 any indictment to include any defensive negative aver- 
 ments. Davis vs. U. S., 274 F. 928. 
 
 Sec. 751. Free Speech. 
 
 For discussion of the constitutional right, see Schaefer 
 vs. U. S., 40 Sup. Ct Rep. 259; Mar. 1, 1920; Seebach vs. 
 U. S. 262 F. 885. 
 
 Sec. 751.1. Habeas Corpus, 
 
 Issuance of by Federal court for an United States of- 
 ficer to the state court, see in re Beach, 259 F. 957. 
 
 16
 
 242 Federal Criminal Law Procedure. 
 
 Sec. 751.1.1 Hepburn Act. 
 
 For an illustratve conspiracy to violate the Hepburn 
 Act see Dye vs. U. S., 262 F. 6. 
 
 Sec. 75m. Income Tax. 
 
 A false amended schedule is a violation, Levy vs. U. S., 
 271 F. 942. 
 
 Sec. 75m.m. Argument — Improper. 
 
 See U. S. vs. Phelan, 252 F. 891. See Sec. 22. 
 
 Sec. 75m.m.m. Injunction. 
 
 A Federal court will not grant an injunction to stay the 
 taking of depositions, Stewart vs. Arthur, 267 F. 184. 
 
 The Federal court will grant an injunction to prevent a 
 United States Attorney from enforcing a void statute, 
 Lamborn vs. U. S., Attorney, 265 F. 944. 
 
 Sec. 75n. Criminal Intent. 
 
 The human way of charging the intent is from the act. 
 In Bentall vs. U. S., 262 F. 744, a divided Circuit Court 
 of Appeals held that such presumption is rebuttable, 
 where an act, to be criminal, must be knowingly and wil- 
 fully done, not only a knowledge of the act is implied, but 
 a determination, with a bad intent, to do it. The pre- 
 sumption of wrongful intent of a defendant, based upon 
 the natural result of his words or acts, is not conclusive, 
 but rebuttable, and this rebutting evidence may take the 
 form of testimony by defendant that he intended no such 
 results and an instruction in a criminal case, which stated 
 without qualification, that a man could not say that he 
 did not intend to do a certain thing, when such thing was 
 the natural result of his act, was held erroneous where a 
 specific intent was essential to the crime charged, and the 
 defendant testified that he did not have such intent. 
 
 In the chapter on National Banks, herein, will be found 
 a number of citations shedding additional light upon the 
 word wilfully and the presumption of the intent from 
 act itself. 
 
 Sec. 75n.n. Interest on Criminal Judgment. 
 
 Interest is not collectable on a criminal judgment, U. S. 
 vs. Jacob, 254 F. 714. 
 
 Sec. 75n.n.n Indian. 
 
 A homestead acquired by an indian on public land in 
 a state under the same homestead law is not land "re-
 
 Practice Helps. 243 
 
 served for the exclusive use of the United 
 
 States," within Criminal Code, 272, and a Federal court 
 is without jurisdiction to try a criminal offense committed 
 thereon, U. S. vs. Lewis, 253 F. 469. 
 
 In a prosecution under Sec. 2139, declaring that any 
 person who shall sell intoxicants to any indian ward of 
 the government under the charge of an indian agent shall 
 be punished, it is no defense that the seller did not know 
 the purchaser was an indian ward of the government un- 
 der charge of an indian agent, the statute not using the 
 words "knowingly or wilfully" in connection with the 
 sale, and the seller is guilty, though he believed the pur- 
 chaser was a person of another race, Feeley vs. U. S., 236 
 F. 903. 
 
 See the following cases for introducing liquor into the 
 Indian Territory, Fielder vs. U. S., 227 F. 832; Tsabell 
 vs. IT. S., 227 F. 788. 
 
 Sec. 75o. False Claim for Damages to Shipment. 
 
 In a prosecution under the Act to Regulate Commerce 
 Feb. 4, 1887, C. 104, Sec. 10, Par. 3, 24 Stat. 382, as amend- 
 ed by the Act of Mar. 2, 1889, against a corporation for 
 fraudulent claim for injury to shipment, a corporate of- 
 ficer who signed letters making claims for injuries to a 
 shipment is entitled to testify as to his intent, it appear- 
 ing that the claims were prepared by his bookkeeper, for 
 the corporation could act only through is officers or 
 agents, and the intent of the officer is that of the corpora- 
 tion, Laser Grain Company vs. U. S., 250 F. 826. 
 
 The criminal portions of the act are as follows: — 
 
 "Sec. 2. False billing or classification by carrier or officer for trans- 
 portation of property at less than regular rates. Any common carrier 
 subject to the provisions of this Act, or, whenever such common 
 carrier is a corporation, any officer or agent thereof, or any person 
 acting for or employed by such corporation, who, by means of false 
 billing, false classification, false weighing, or false report of weight, 
 or by any other device or means, shall knowingly and wilfully assist, 
 or shall wilfully suffer or permit, any person or persons to obtain 
 transportation for property at less than the regular rates then estab- 
 lished and in force on the line of transportation of such common 
 carrier, shall be deemed guilty of a misdemeanor, and shall, upon con- 
 viction thereof in any court of the United States of competent juris- 
 diction within the district in which such offense was committed, be
 
 244 Federal Criminal Law Procedure. 
 
 subject to a fine of not exceeding five thousand dollars, or imprison- 
 ment in the penitentiary for a term of not exceeding two years, or 
 both, in the discretion of the court, for each offense 
 
 "Sec. 3. Obtaining or attempting to obtain transportation for prop- 
 erty at less than regular rates, by false billing or classification or by 
 making false claim for damages. Any person, corporation, or company, 
 or any agent or officer thereof, who shall deliver property for trans- 
 portation to any common carrier subject to the provisions of this 
 Act, or for whom, as consignor or consignee, any such carrier shall 
 transport property, who shall knowingly and wilfully, directly or indi- 
 rectly, himself or by employe, agent, officer, or otherwise, by false bill- 
 ing, false classification, false weighing, false representation of the con- 
 tents of the package or the substance of the property, false report of 
 weight, false statement, or by any other device or means, whether with 
 or without the consent or connivance of the carrier, its agent, or officer, 
 obtain or attempt to obtain transportation for such property at less 
 than the regular rates then established and in force on the line of 
 transportation; or who shall knowingly and wilfully, directly or 
 indirectly, himself or by employe, agent, officer, or otherwise, by false 
 statement or representation as to cost, value, nature, or extent of 
 injury, or by the use of any false bill, bill of lading, receipt, voucher, 
 roll, account, claim, certificate, affidavit, or deposition, knowing the 
 same to be false, fictitious, or fraudulent, to contain any false, fictitious 
 or fraudulent statement or entry, obtain or attempt to obtain any allow- 
 ance, refund, or payment for damage or otherwise in connection with 
 or growing out of the transportation of or agreement to transport 
 such property, whether with or without the consent or connivance 
 of the carrier, whereby the compensation of such carrier for such 
 transportation, either before or after payment, shall in fact be made 
 less than the regular rates then established and in force on the line 
 of transportation, shall be deemed guilty of fraud, which is hereby 
 declared to be a misdemeanor, and shall, upon conviction thereof 
 in any court of the United States of competent jurisdiction within the 
 district in which such offense was wholly or in part committed, be 
 subject for each offense to a fine of not exceeding five thousand dollars 
 or imprisonment in the penitentiary for a term of not exceeding two 
 years, or both, in the discretion of the court: Provided, That the 
 penalty or imprisonment shall not apply to artificial persons." 
 
 The Supreme Court of the United States held that the 
 foregoing penal statutes apply to consignee as well as to 
 consignor, U. S. vs. Union Manufacturing Company, 240 
 U. S., 605. 
 
 Sec. 75o.o. Insanity — From Drugs or Liquor — De- 
 fense When.
 
 Practice Helps. 245 
 
 In the case of Perkins vs. U. S., 228 F. 408, the Circuit 
 Conrt of Appeals for the 4th Circuit wrights interesting- 
 ly and learnedly concerning the defense of insanity to a 
 criminal prosecution when such insanity is the result of 
 voluntary intoxication or drunkness or delirium. 
 
 One may not hide behind a mental or physical condi- 
 tion produced by a voluntary use of intoxicants, and vet 
 being in that condition the law does not view with the 
 same degree of severity that it does when the doer is 
 sober and normal. 
 
 Sec. 75o.o.o. Court — Meaning of. 
 
 A trial by a court means by twelve men presided over 
 by a judge and the judge cannot be substituted during the 
 trial, and the judge must be present, Freeman vs. U. S., 
 227 F. 732. 
 
 Sec. 75p. Viruses, Serum, etc. 
 
 The Act of 1902, 32 Stat. 728, C. 1378, Sec. 1, which 
 provides certain regulations for the sale, production, 
 labelling, and licensing of the sale of viruses, serums, 
 toxins, anti-toxins, etc., and provides: 
 
 "Any person who shall violate, or aid or abet in violating, any of 
 the provisions of the Act shall be punished by a fine not exceeding 
 five hundred dollars or by imprisonment not exceeding one year, or 
 by both such fine and imprisonment, in the discretion of the court, 
 Arts. 8354-8360 Barnes 1919 Fed. Code. 
 
 Sec. 75p.p. Lands — Public. 
 
 The attempting or pretending to sell public lands is 
 an offense under the Act of Feb. 23, 1917, and is punish- 
 able by fine not exceeding three hundred dollars, or by im- 
 prisonment for a term not exceeding one year, or by both 
 such fine and imprisonment, Sec. 10226A. of 1918 Com- 
 piled Statutes. 
 
 Sec. 75p.p.p. Lever Act. 
 
 The Act of Aug. 10, 1917, Sec. 4, as amended by the~\ 
 Act of Oct. 22, 1919, Sec. 2, is unconstitutional because 
 it does not define the offense with sufficient certainty, 
 denounces the unjust and unreasonable charge, and, of 
 course, there is no standard as to what is unjust or as to 
 what is unreasonable, U. S., vs. Cohen, 264 F. 218; Hills- 
 boro vs. Knotts, 273 F. 221; 41 Sup. Ct. Rep. 298; Weeds
 
 246 Federal Criminal Law Procedure. 
 
 vs. U. S. 41 Sup. Ct. Rep. 306; People vs. U. S., 271 F. 
 790. 
 
 Sec. 75q. Letter Carriers. 
 
 Letter carriers by virtue of their appointment from 
 the competitive classified list of the Federal Civil Sen ice 
 Commission, acquire rights which they cannot be de- 
 prived of without due process of law, and may not be 
 removed without a hearing on the charges, U. S. vs. Post 
 master, 221 F. 687. 
 
 Sec. 75q.q. United States Marshal — Deputies, etc. 
 
 For a discussion of appointment and removal see U. S.« 
 vs. Lapp, 244 F. 377. 
 
 Sec. 75q.q.q. Memory — Refreshing. 
 
 For a discussion of the rule in the Federal Court see 
 232 F. 444. Dewitt vs. Skinner; Bates vs. Breble, 151 U. 
 S., 149; Vicksburg vs. O'Brien, 119 U. S. 99; Putman vs. 
 U. S. 162 L T . S. 
 
 Sec. 75r. Mandamus — To Compel United States Court, 
 etc. 
 
 The Supreme Court of the United States will compel, by 
 mandamus, the judge of a Federal court to perform a 
 service which it is right and lawful should be performed; 
 as the breaking of a seal on evidence and documents, etc., 
 ex parte Uppercu, 239 U. S., 435. 
 
 Sec. 75r.r. Motion to Quash. 
 
 The overruling of a motion to quash or the granting of 
 a motion to quash is in the discretion of the court, Wetzel 
 vs. U. S., 233 F. 984. 
 
 Sec. 75r.r.r. Newspaper. 
 
 A false affidavit as to the circulation is not an offense, 
 U. S. vs. Smith, 269 F. 191. 
 
 Sec. 75s. Passports. 
 
 The Act of June 15, 1917, creates certain offenses with 
 reference to passports, such as forgery or altering, Sec. 
 9767, Barnes Fed. Code, which provides a fine of one 
 thousand dollars and imprisonment of not more than 
 three years; and the making of false statements in an 
 application for a passport and the use of a passport be- 
 longing to another and forging or altering are punishable 
 by a fine of not more than two thousand dollars or im-
 
 Practice Helps. 247 
 
 prisonment not more than five years, or both, 40 Stat. 
 227; See. 6991 Barnes Fed. Code,' 1919. 
 
 Sec. 75s. s. Fraud Order — By Postmaster General. 
 
 ■ 
 
 A fraud order may be reviewed, when unlawful. Masses 
 vs. Patten, 244 F. 535; Anderson vs. Patten, 247 F. 382. 
 
 Sec. 75s.s.s. Warrant Issued by the President. 
 
 The President may issue a warrant, when, Minotto ys. 
 Bradley, 252 F. 600. 
 
 Sec. 75t. Prisoner — Prisoners. 
 
 Place of confinement and change thereof, Keliher ys. 
 Mitchell, 250 F. 904; Whittaker ys. Brannan, 252 F. 556. 
 
 Sec. 75t.t. Subpoena Duces Tecum. 
 
 A subpoena duces tecum may issue in a criminal case, 
 when, 248 F. 137. 
 
 Sec. 75t.t.t. Regulations by Commissioner Internal 
 Revenue. 
 
 Certain regulations are not authorized and are invalid, 
 when, 238 F. 650. 
 
 Sec. 75u. Revenue Law — What Is. 
 
 Warren vs. Flower, 29 Fed. cases, 255; Ward vs. Con- 
 gress, 99 F. 598; Bryant vs. Robinson, 149 F. 321; 192 
 F. 596; 192 F. 583; 162 F. 937; 218 XL S. 517; page 378, 
 Sec. Series Words and Phrases. 
 
 Sec. 75u.u. Repeal of Act — Right to Prosecute. 
 
 De Four vs. IT. S., 260 F. 597. 
 
 Sec. 75u.u.u. Sale — What Is. 
 
 Scoggins vs. IT. S., 255 F. 825. 
 
 Sec. 75v. Seamen. 
 
 For a discussion of the Act of Mar. 4, 1915, and the 
 preceding acts relating to seamen and their offenses, etc.. 
 see 233 F. 708, Hamilton vs. IT. S., 268 F. 15. 
 
 Must go to end of voyage though time under contract 
 has expired, 274 F. 691. 
 
 See. 75v.v. Immunity Promises. 
 
 The District Attorney should notify the other defend- 
 ants who may be jointly indicted of any immunity prom- 
 ise made by him to a co-defendant, 244 F. 140; a trade to 
 turn state's evidence made by a Collector of Internal 
 Revenue need not be followed by the District Attorney, 
 Gladstone vs. U. S., 248 F. 117." See Sec. 39 & 39a.
 
 248 Federal, Criminal Law Proceduke. 
 
 Sec. 75v.v.v. Strikers. 
 
 See Clayton Act; 252 F. 722. 
 
 Sec. 75w. Trading with the Enemy Act. 
 See U. S. vs. Van Werkhoven, 250 F. 311; U. S. vs. 
 Welsh, 250 F. 309. 
 
 Sec. 75w.w. United States — Suits Against. 
 
 It is not a suit against the United States when the law 
 is invalid and an injunction is sought against the officer 
 who would enforce it, Hanna vs. Clyne, 263 F. 599. 
 
 Sec. 75w.w.w. Transportation — Government Control. 
 
 See Act of March 21, 1918, C. 11, for offenses and pun- 
 ishment for interfering with possession and use and em- 
 bezzlement, etc. 
 
 Sec. 75x. Unknown. 
 
 Use in indictment see Coffin vs. U. S., 156 U. S., 862; 
 Roberts vs. U. S., 248 F. 874; Feener vs. U. S., 249 F. 425. 
 
 Sec. 75x.x. Venue. 
 
 A change of venue on the ground of local prejudice is 
 within the sound discretion of the court, Stroud vs. U. S., 
 251 U. S., 15; 40 Sup. Ct. Rep. 50. 
 
 An indictment must be found in the division of the dis- 
 trict where the offense was committed, U. S. vs. Chen- 
 nault, 230 F. 942; Yeates vs. U. S., 254 F. 60; Sec. 42 
 Judicial Code; U. S. vs. Lombardo; Brown vs. U. S., 
 257 F. 46; Brown vs. U. S., 41 Sup. Ct. Rep. 501. 
 
 Sec. 75x.x.x. State Court — Jurisdiction. 
 
 The intent to deprive state courts of jurisdiction over 
 offenses must be claimed, Caldwell vs. Parker, U. S., Su- 
 preme Court, April 1920. 
 
 Sec. 75y. Wife — Cannot be Witness for Husband. 
 
 This doctrine was announced by the Supreme Court in 
 Jin Foey Moy vs. U. S., 41 Sup. Ct. Rep. 98; rule applies 
 to husband as well as wife, Adams vs. U. S., 259 F. 214. 
 
 Sec. 75z. Trial of Defendant While He is Serving a 
 Term of Imprisonment. 
 
 In ex parte Lamar, 274 F. 160, Circuit Judge Morton 
 held that a defendant who is serving a term of imprison- 
 ment for a criminal offense may be tried for another of- 
 fense and a judgment upon second conviction is not void 
 for uncertainty which provides that it shall begin to run 
 at the expiration of the first judgment.
 
 CHAPTER V. 
 
 COUNTERFEITING AND OTHER OFFENSES AGAINST THE 
 CURRENCY COINAGE AND OTHER SECURITIES. 
 
 § 77. Definition of Obligation and Other Securities. 
 
 78. Illustrative Cases. 
 
 78a. Using Plates, Having in Possession, Similitude, Unsigned Bank- 
 notes. 
 
 79. The Neall Case — Deheuns Case — Indictment, etc. 
 
 80. Forging or Counterfeiting U. S. Securities. 
 
 81. Forging or Counterfeiting U. S. Securities and National Bank- 
 
 notes. 
 
 82. Confederate Money; Likeness and Similitude. 
 
 83. Other Securities Including State Banknotes. 
 
 84. Allegation of Knowledge in Counterfeiting. 
 84a. Allegation of Knowledge Continued. 
 
 85. Description of Obligation or Counterfeit. 
 
 86. Circulating Bills of Expired Corporation. 
 
 87. Mutilating or Defacing National Banknote. 
 
 88. Imitating National Banknotes; Printing Advertisements There- 
 
 on. 
 
 89. Imitating U. S. Securities or Printing Advertisements Thereon; 
 
 Business Cards. 
 
 90. Notes Less Than One Dollar, Not to be Issued. 
 
 91. Counterfeiting Gold or Silver Coin or Bars. 
 
 92. Resemblance or Similitude. 
 
 92a. Resemblance or Similitude Continued; Jury Question. 
 
 92b. Advertisements — Like Coins, etc. 
 
 93. Counterfeiting Minor Coins. 
 
 94. Making or Uttering Coins in the Resemblance of Money. 
 
 95. Making or Issuing Devices of Minor Coins. 
 
 96. Statutes Relating to Coinage, Mutilation, Debasing, Counter- 
 
 feiting of Dies, Foreign Coins. 
 96a. Counterfeiting Dies, Hubs, Molds, etc. 
 
 97. Counterfeiting Obligations to be Forfeited. 
 
 98. Search Warrant in Aid of Above Statutes. 
 
 § 77. By the terms of Section 147 of the new Code, 
 which is a substantial re-enactment of old Section 5413, 
 the words "obligation or other security of the United 
 States" are denned to mean all bonds, securities of in- 
 debtedness, national bank currency, coupons, United 
 States notes, Treasury notes, gold certificates, silver cer- 
 tificates, certificates of deposit, bills, checks or drafts for 
 money drawn by or upon authorized officers of the United 
 
 (249)
 
 250 Federal, Criminal Law Procedure. 
 
 States, stamps and other representatives of value of 
 whatever denomination, which have been or may be is- 
 sued under any Act of Congress, and the words "gold 
 certificates" and "silver certificates" were not in the 
 old section. 
 
 When, therefore, in this chapter, or in any of the sec- 
 tions cited and treated, the words "obligation or other 
 security of the United States" are used, they will be un- 
 derstood to mean and include the securities above men- 
 tioned, and any other representatives of value issued by 
 authority of Congress. Judge Wheeler, in discharging 
 Houghton from the custody of the state officers, who held 
 him for violation of a state statute against counterfeiting, 
 held, 7 Federal, 657, that the bills issued by national 
 banks are securities of the United States, which Congress 
 has power to protect by punishing the counterfeiting of 
 them. He also held in the same case that the United 
 States, in pursuance of Constitutional and statutory law, 
 have the exclusive right to prosecute for counterfeiting 
 Federal obligations, even though there be a state statute 
 against the same offense, and that a Federal Court, will, 
 upon habeas corpus, discharge a defendant held by the 
 state authorities for the offense of counterfeiting. To 
 the same effect is the decision by the same judge in the 8 
 Federal, 897, ex parte Houghton. In United States vs. 
 Albert, 45 Federal, 552, Judge Pardee held that an indict- 
 ment which charged the defendant with uttering and 
 publishing a certain false, forged, and altered United 
 States Treasury Warrant, was insufficient to sustain a 
 verdict of guilty, when the evidence showed that the de- 
 fendant had really negotiated a genuine check, drawn by 
 an authorized officer of the United States upon an As- 
 sistant Treasurer, but had forged the endorsement of the 
 name of the payee. Of course, the indictment could have 
 been drawn so as to allege the forgery of the endorse 
 ment, which would have been entirely sufficient, under 
 the statute; but, inasmuch as the indictment charged the 
 whole instrument to be false and forged, the proof did 
 not sustain the charge, because, as a matter of fact, the 
 instrument itself was not forged, but genuine, the only 
 forged part being the endorsement.
 
 CoTJNTEEFEITING, ETC. 251 
 
 The Circuit Court of Appeals for the Second Circuit, in 
 Krakowski vs. United States, 161 Federal, page 88, held 
 that it was not sufficient to warrant a conviction under 
 Section 5430, which makes it a criminal offense for any 
 person to have or retain in his control or possession 
 "after a definitive paper has been adopted by the Sec- 
 retary of the Treasury for the obligations and other se- 
 curities of the United States, any similar paper adapted 
 to the making of any such obligation or other security, 
 except under the authority of the Secretary of the Treas- 
 ury, or some other proper officer of the United States.' : 
 where the proof showed that the defendant had in his 
 possession paper which might be used to make counter- 
 feit obligations or securities. In other words, the Court 
 held that that portion of the section included as penal 
 having in possession without authority, of t lie distinctive 
 paper itself or of some paper adapted to the making of 
 Government obligations and securities. 5430, it will be 
 
 borne in mind, is 
 
 § 78. New Section 150 upon which the following cases 
 
 may be cited: 
 
 United States vs. Williams, 14 Federal, 550. 
 
 United States vs. Smith, 40 Federal, 755. 
 
 United States vs. Stevens, 52 Federal, 120. 
 
 United States vs. Bamett, HI Federal, 369. 
 
 United States vs. Pitts, 112 Federal, 522. 
 
 United States vs. Conners, 111 Federal, 732. 
 
 § 78a. Using Plates— Having in Possession Obliga- 
 tion Without Authority, Etc.— Similitude— Unsigned 
 Bank Notes.— Section 150 of the new Code providesas 
 follows: " Whoever having control, custody, or possession 
 of anv plate, stone, or other thing, or any part thereof, 
 from which has been printed, or which may be prepared 
 by direction of the Secretary of the Treasury for the 
 purpose of printing, any obligation or other security of 
 the United States, shall use such plate, stone or other 
 thing or any part thereof, or knowingly suffer the same 
 to be used for the purpose of printing any such or similar 
 obligation or other security, or any part thereof except 
 as may be printed for the use of the United States by
 
 252 Federal Criminal Law Procedure. 
 
 order of the proper officer thereof; or whoever by any 
 way, art, or means shall make or execute, or cause or 
 procure to be made or executed, or shall assist in making 
 or executing any plate, stone, or other thing, or bring 
 into the United States or any place subject to the juris- 
 diction thereof, from any foreign place, any such plate, 
 stone, or other thing, except under the direction of the 
 Secretary of the Treasury or other proper officer, or with 
 any other intent, in either case, than that such plate, 
 stone or other thing be used for the printing of the obli- 
 gations or other securities of the United States; or who- 
 ever shall have in his control, custody, or possession any 
 plate, stone, or other thing, from which any such obliga- 
 tion or other security has been printed, with intent to 
 use such plate, stone, or other thing, or to suffer the same 
 to be used in forging or counterfeiting any such obliga- 
 tion or other security, or any part thereof; or whoever 
 shall have in his possession or custody, except under 
 authority from the Secretary of the Treasury or other 
 proper officer, any obligation or other security made or 
 executed, in whole or in part, after the similitude of any 
 obligation or other security issued under the authority 
 of the United States, with intent to sell or otherwise use 
 the same; or whoever shall print, photograph, or in any 
 other manner make or execute, or cause to be printed, 
 photographed, made, or executed, or shall aid in printing, 
 photographing, making or executing any engraving, pho- 
 tograph, print, or impression in the likeness of any such 
 obligation or other security or any part thereof, or shall 
 sell any such engraving, photograph, print or impression, 
 except to the United States, or shall bring into the United 
 States or any place subject to the jurisdiction thereof, 
 from any foreign place any such engraving, photograph, 
 print or impression, except by direction of some proper 
 officer of the United States; or whoever shall have or 
 retain in his control or possession, after a distinctive 
 paper has been adopted by the Secretary of the Treasury 
 for the obligations and other securities of the United 
 States, any similar paper adapted to the making of any 
 such obligation or other security, except under the au-
 
 Counterfeiting, Etc. 25:5 
 
 thority of the Secretary of the Treasury or some other 
 proper officer of the United States, shall he fined not 
 more than five thousand dollars, or imprisoned not more 
 than fifteen years, or both." 
 
 The having in possession, under the above statute, of 
 an unsigned and unissued treasury note or national bank 
 note would be an offense, the question, however, of simili- 
 tude being submitted to the jury for their determination 
 as to whether or not the failure of such note to bear the 
 signatures of the officers of the issuing bank would be 
 calculated to deceive or not deceive a person of ordinary 
 intelligence. In the case of Wiggins vs. The United 
 States, 214 Federal, 970, Judge Adams for the Circuit 
 Court of Appeals, in affirming a conviction under this 
 statute, held that an indictment for the illegal issuing 
 and possession of an unsigned national bank note, under 
 this statute, would not be subject to demurrer, on the 
 mere ground that upon the face of such note it appeared 
 never to have been issued and therefore appeared not 
 to be an obligation of the United States. In overruling 
 such demurrer, it was said, substance, that the indict- 
 ment definitely enough charged that the instrument in 
 the possession of the defendant was made in part after 
 and in similitude of an obligation or security issued un- 
 der the authority of the United States and probably for 
 the purpose of demurrer the allegation touching simili- 
 tude should be treated as true, but as the note was set 
 forth in the indictment, it may be properly said that its 
 contents and display afforded ample evidence for sub- 
 mission to the jury of the question whether it was calcu- 
 lated to deceive an unsuspecting person of ordinary 
 prudence and incline him to accept it as good money, 
 notwithstanding the fact that no president's or cashier's 
 name appeared upon it. If that question is answered in 
 the affirmative, the similitude is sufficiently established 
 within the meaning of the law. 
 
 Prior to the Act of July 28, 1892, 27 Stats. 322, which 
 provided in substance, that the provisions of the Revised 
 Statutes of the United States providing for the redemp- 
 tion of national banks notes, shall apply to all national
 
 254 Federal Criminal Law Procedure. 
 
 bank notes that have been or may be issued to or received 
 by any national bank, notwithstanding such notes may 
 have been lost by or stolen from the bank, and put in 
 circulation without the signature or upon the forged sig- 
 nature of the president or vice president and cashier, it 
 would not have been an offense to pass, utter or publish 
 an unsigned national bank note. U. S. vs. Williams, 14 
 Federal, 550; U. S. vs. Sprague, 48 Federal, 828; TJ. S. 
 vs. Barrett, 111 Federal, 369. 
 
 Judge Eudkin, in U. S. vs. Webber, 210 Federal, 973, 
 in speaking of the meaning of the word similitude or re- 
 semblance and similitude as contained in the foregoing 
 statute and the. meaning thereof, said that it was not 
 necessary that the similitude or resemblance should be so 
 great as to deceive experts, bank officers or cautious men. 
 It is sufficient if the fraudulent obligation bears such 
 likeness or resemblance to any of the genuine obligations 
 or securities issued under the authority of the United 
 States as is calculated to deceive an honest, sensible and 
 unsuspecting person of ordinary observation and care 
 when dealing with a person supposed to be upright and 
 honest. See Sections 92 and 92a. 
 
 § 79. The Neall Case. — The Circuit Court of Appeals 
 for the Ninth Circuit, in the case of Neall vs. United 
 States, 118 Federal, 699, determined that one who forges 
 a certificate of deposit purporting to have been issued 
 on behalf of the United States to an enlisted soldier, by 
 signing thereto the name of the person described as an 
 officer and deputy Paymaster General, has forged an 
 " obligation of the United States," and an indictment 
 therefor which alleged in the same count an intent to 
 defraud both the United States and a soldier in the army, 
 was not bad for duplicity, because, said the Court, it is 
 impossible in such a case to aver or prove with certainty 
 a specific intent to defraud either one rather than the 
 other, and the law will impute to the act an intent to 
 defraud all who might have been thereby defrauded. 
 
 That the intent involved in the old statute and in the 
 new is general, is also determined in the case of United 
 States vs. Jolly, 37 Federal, 118. In De Lemos v§, United
 
 Counterfeiting, Etc. 255 
 
 States, 91 Federal, 497, the Circuit Court of Appeals for 
 the Fifth Circuit quashed an indictment for forgery un- 
 der old Section 5414, where the proof showed the forgery 
 of an endorsement on a draft, because the indictment 
 failed to charge that the genuine draft with the forged 
 endorsement, constituted together a forged obligation of 
 the United States. In other words, the decision is in 
 line with the Albert case referred to above. In the De 
 Lemos case, the Court said that an indictment which 
 avers that the draft itself constituted the obligation which 
 was forged, and which, by every averment, shows that 
 the forgery consisted in the false making of the endorse- 
 ment, is in itself repugnant, and does not properly lay 
 the offense. 
 
 § 80. Forging or Counterfeiting United States Securi- 
 ties. — Section 148 of the new Code takes the place and is 
 in the same words as old Section 5414, and what has been 
 observed and the citations that have been given are au- 
 thorities upon this new section, which reads as follows: 
 
 "Whoever, with intent to defraud, shall falsely make, forge, coun- 
 terfeit, or alter any obligation or other security of the United States 
 shall be fined not more than five thousand dollars and imprisoned not 
 more than fifteen years." 
 
 Bearing in mind what has been said with reference to 
 obligation or other security of the United States, it will 
 be interesting to cite in this connection Section 149 of the 
 new Code, which takes the place of the old Section 5415, 
 and which reads as follows: 
 
 "Whoever shall falsely make, forge or counterfeit, or cause or procure 
 to be made, forged, or counterfeited, or shall willingly aid or assist in 
 falsely making, forging or counterfeiting, any note in imitation of. or 
 purporting to be in imitation of, the circulating notes issued by any 
 banking association now or hereafter authorized and acting under 
 the laws of the United States; or whoever shall pass, utter, or publish, 
 or attempt to pass, utter, or publish, any false, forged, or counterfeited 
 note, purporting to be issued by any such association doing a banking 
 business, knowing the same to be falsely made, forged, or counter- 
 feited; or whoever shall falsely alter, or cause or procure to be 
 falsely altered, or shall willingly aid or assist in falsely altering, any 
 such circulating notes, or shall pass, utter, or publish, or attempt 
 to pass, utter, or publish as true, any falsely altered or spurious cir-
 
 256 Federal. Criminal Law Procedure. 
 
 dilating note issued, or purporting to have been issued, by any such 
 banking association, knowing the same to be falsely altered or 
 spurious, shall be fined not more than one thousand dollars and im- 
 prisoned not more than fifteen years.'' 
 
 In the same connection, and in place of old Section 
 5431, is new Section 151, which relates to the passing, 
 selling, concealing, etc., of forged obligations, and which 
 reads as follows: 
 
 "Whoever, with intent to defraud, shall pass, utter, publish, or 
 sell, or attempt to pass, utter, publish, or sell, or shall bring into the 
 United States or any place subject to the jurisdiction thereof, with 
 intent to pass, publish, utter, or sell, or shall keep in possession or 
 conceal with like intent, any falsely made, forged counterfeited, or 
 altered obligation or other security of the United States, shall be fined 
 not more than five thousand dollars and imprisoned not more than 
 fifteen years." 
 
 Attention is also called to Section 162 of the new Code, 
 which reads as follows: 
 
 "Whoever shall so place or connect together different parts of two 
 or more notes, bills, or other genuine instrument issued under the 
 authority of the United States, or by any foreign government, or 
 corporation, as to produce one instrument, with intent to defraud, shall 
 be deemed guilty of forgery, in the same manner as if the parts so put 
 together were falsely made or forged, and shall be fined not more than 
 one thousand dollars, or imprisoned not more than five years, or both." 
 
 Section 156, 157, 158, 159, 160 and 161 of the new Code 
 elaborately include the offenses originally comprehended 
 in the first volume of the Supplement, page 429, known 
 as the Act of May 16, 1884, 23 St. Large, page 23, and 
 relate to the offenses of counterfeiting notes, bonds, etc., 
 of foreign governments, passing such forged notes, bonds, 
 etc., counterfeiting notes on foreign banks, passing such 
 counterfeited bank notes, having in possession such forged 
 notes, bonds, etc., and having unlawfully in possession, 
 or using, the plates for any such notes, bonds, etc. 
 
 The leading cases under the old act, and, therefore, 
 ranking precedents under the new sections from 156 to 
 161 inclusive, are, United States vs. Arjona, 120 United 
 States, 479, and Bliss vs. United States, 105 Federal, 508. 
 In the Arjona case, the Supreme Court of the United
 
 Counterfeiting, Etc. 25'J 
 
 States upheld the constitutionality of the Act, and said 
 that the United States not only had the power, but that 
 it was their duty to prevent and punish the counterfeit- 
 ing within their jurisdiction of the notes, bonds, and 
 other securities issued by foreign governments, or under 
 their authority, and that an act to prevent transgression 
 against foreign securities did not have to declare the of- 
 fense to be an offense against the law of nations. In Bliss 
 vs. United States, the Court of Appeals for the First 
 Circuit, in affirming a judgment of conviction against 
 Bliss for counterfeiting a number of the notes of the Do- 
 minion of Canada of the same series and bearing consecu- 
 tive numbers, held that the counterfeiting of the same 
 at different times, although all apparently of the same 
 series and apparently from the same plate, constituted 
 distinct offenses, and a conviction for one is no bar to a 
 prosecution for the other. 
 
 Sec. 80a. U. S. Securities. 
 
 The Supreme Court held in the case of U. S. vs. Sacks, 
 42 Sup. Ct. Sep. 38, and U. S. vs. Janowitz, 42 Sup. Ct. 
 Rep. 40, that regulations made by the Secretary of the 
 Treasury under the Act of September 24th, 1917, that 
 war savings certificates should not be transferable were 
 binding and that section 37 punishing conspiracy could 
 be used in conjunction with section 148 counterfeiting, 
 to successfully punish parties who purchased war savings 
 stamps from the real owners and detached them from the 
 certificate and conspired to exchange them for other cer- 
 tificates of the value in excess of a hundred dollars. 
 
 These two decisions are very comprehensive and should 
 be read with care in order to understand the full sweep 
 of the determination of the government to safeguard the 
 obligations and securities it issues. 
 
 Sec. 80a.a. U. S. Securities. 
 
 The foregoing statutes with reference to forgery and 
 counterfeiting and altering apply to non-negotiable as 
 well as to the negotiable securities of the United States 
 and, therefore, protect war savings stamps, etc., U. S. vs. 
 Eossi, 268 F. 620. 
 
 17
 
 258 Federal Criminal Law Procedure. 
 
 § 81. Forging and Counterfeiting United States Se- 
 curities and National Bank Notes. — We now return to a 
 discussion of Sections 148, 149 and 151, heretofore re- 
 ferred to. In these sections, together with Section 162, 
 will be found practically all of the safe-guards that pro- 
 tect the genuine, and prosecute for the forging or coun- 
 terfeiting of the government obligation or national bank 
 note. Until the adoption of the New Code, there was no 
 statute similar to the new Section 162. Prosecutions for 
 alterations of genuine bills of small denominations, by 
 erasing and pasting and changing the numerals and word- 
 ing thereon, were had under 5414, which is now Section 
 148. 
 
 We instantly understand that one who prepares, with 
 bad intent, an instrument that pretends to be an obliga- 
 tion of the United States or national bank currency, is 
 within the purview of the statutes. There is a nice 
 question, though, that hinges about the latitude and 
 meaning of the word "imitation" and the word "simili- 
 tude" as found in these old statutes ajid in the new ones. 
 In Logan vs. United States, 123 Federal, 291, the defend- 
 ant had robbed a train and secured a lot of forty thousand 
 dollars of unsigned national bank notes, confined by the 
 Comptroller of the Currency to the National Bank of 
 Montana, and thereupon signed fictitious names to the 
 notes as President and Cashier of the bank, and passed 
 them. The first question raised by the defense was, that 
 inasmuch as the signatures to the notes were those of 
 fictitious persons, no forgery could be laid, which objec- 
 tion the Court overruled, citing United States vs. Turner, 
 7 Peters, 132, 8 Law. Ed., 633, and said: 
 
 "The fact that the names signed as President and Cashier were 
 fictitious is of no importance. The public mischief is the same whether 
 the names forged are those of the genuine officers or of fictitious per- 
 sons." 
 
 To the other defense raised that such performances did 
 not constitute the crime of forging notes under Section 
 5415, the Court answered that national bank notes to 
 which signatures have been forged, and which have been
 
 Counterfeiting, Etc. 259 
 
 put in circulation, are redeemable by the Act of July 28, 
 1892, 27 St., 322, and this redemption clinches the offense, 
 rather than acting as a defense thereto, and a conviction 
 of the defendants was affirmed. 
 
 § 82. Confederate Money. — In United States vs. Wil- 
 son, 44 Federal, 751, Judge Hallett, in passing upon an 
 indictment against Wilson for having passed a Confed- 
 erate States note, said: 
 
 "It is only necessary to say that the offense defined in this section 
 and in other sections which have been referred to in argument upon 
 this motion, is that of passing, uttering, or publishing any counter- 
 feit note. The note must purport to be issued by such an association 
 doing a banking business. This, so far as disclosed, was not a coun- 
 terfeit at all. It was a genuine note;) that is to say, it was a genuine 
 note of the Confederate States of America, and therefore, it was not 
 counterfeit in the sense of this statute, or of any statute, and then 
 it was not on its face, or in any way, a note of any national bank, 
 or of the United States. There were no words to make it such. The 
 counterfeit referred to in the statute must, at all events, have a greater 
 resemblance to the current moneys of the United States than to 
 anything else. This note, in the size and shape and color, and in the 
 denomination of the figures upon it, has some resemblance to the 
 current notes in circulation as money, but that is not enough to make 
 it a counterfeit of the circulating notes of the United States." 
 
 To the same effect is United States vs. Kuhl, 85 Fed- 
 eral, 624, the Court saying that an ordinary Confederate 
 States five-dollar note does not bear to the national cur- 
 rency the similitude contemplated in Revised Statutes 
 5430, notwithstanding such notes are frequently accepted 
 by mistake as money. In this same case, the Court said 
 that the "similitude" contemplated in Revised Statute 
 5430 is such a likeness or resemblance as to be calculated 
 to deceive an honest, sensible, and unsuspecting man of 
 ordinary care and observation, when dealing with a sup- 
 posed honest man. 
 
 § 83. Other Securities, Including State Bank Notes. 
 —Judge Hanford, in 91 Federal, United States vs. Fitz- 
 gerald, left the question of similitude and similarity and 
 imitation to the jury, upon a case against Fitzgerald for 
 having in his possession a hundred shares of the capital 
 stock of the Denver Mining Company, of the par value of
 
 260 Federal Criminal Law Procedure. 
 
 one thousand dollars, the certificate of which stock, in 
 its size, quality of paper, style of printing, resembled a 
 United States bond for the sum of one thousand dollars, 
 and further resembled a United States bond for the said 
 amount in that it had the words "The United States" 
 printed across the face thereof, and the paper also had 
 heavy green border and scroll work resembling somewhat 
 the ornamentation of United States bonds. In leaving 
 the question to the jury, he said: 
 
 "The similitude must be in such a degree as to furnish a resemblance 
 so near to the Government obligations or securities that it could be 
 used to deceive a person of ordinary intelligence, who is acting with 
 ordinary care in a business transaction. The resemblance is suf- 
 ficient for the purpose if you believe that it would probably deceive 
 a person taken unawares in dealing with a person who he believed was 
 acting honestly." 
 
 In United States vs. Stevens, 52 Federal, 120, District 
 Judge Paul held in substance that a note that was origi- 
 nally issued by a duly authorized state bank, which was a 
 legal note at the time of its issuance, but afterwards be- 
 came utterly worthless by the insolvency of the bank, 
 subjected the holder thereof to prosecution under Section 
 5430, if it was in his possession with intent to sell or 
 otherwise use it, and pass it, as a genuine note or obliga- 
 tion of the United States. It is not thought that this is 
 good law. Congress certainly has no authority to pre- 
 vent the issuance of state bank notes. It simply taxes 
 them out of existence, and one who passed a worthless 
 state bank note, contending that it was a genuine United 
 States obligation, would only be an offender against the 
 state law for cheating or swindling. His statement with 
 reference to the instrument does not, within the meaning 
 of the law, constitute it a forgery, nor give it such like- 
 ness and similitude as will make it contraband under the 
 Federal statute. 
 
 Judge Bellinger, in United States vs. Conners, 111 Fed- 
 eral, 734, decided that a bill or note issued by the state 
 bank of New Brunswick, New Jersey, which thereafter 
 became insolvent and worthless, but which was alleged 
 in the indictment to be in the possession of Conners for
 
 Counterfeiting, Etc. 261 
 
 evil purposes, and that the same was in similitude of an 
 obligation and security issued under the authority of 
 the United States, was not in the "similitude" within 
 the meaning of Section 5430, since it did not purport to 
 be an obligation or security of the United States, and an 
 indictment for a violation of that section did not charge 
 an offense where it showed that the instrument referred 
 to was such a bank bill. 
 
 In United States vs. Beebe, 149 Federal, 618, Judge 
 Archibald, in passing upon a case which was based upon 
 the defendant passing a genuine note, which had thereto- 
 fore been issued by a state bank, even though at that 
 time the note was worthless, and may have had some 
 resemblance, by reason of its color, to a United States 
 note, determined that no offense against the United 
 States had been committed. He said: 
 
 •'There must at least be such a resemblance if not simulation, as 
 is not only calculated to deceive a person of ordinary intelligence, but 
 as enables us to say with some degree of certainty that in disposing 
 of or using it, the party charged was evidently trying to palm it off 
 as a genuine obligation of the United States (citing and dis- 
 tinguishing cases). A broader ruling would make all state bank issues 
 obnoxious; with regard to which, it may also be further observed 
 that state currency is not prohibited, but is simply taxed out of ex- 
 istence; notwithstanding which, if anyone desires to put out notes 
 or bills to pass as money, there is nothing to prevent it, to say noth- 
 ing of being charged with counterfeiting, if they happen to prove 
 
 worthless The Federal Government is omy concerned with 
 
 protecting the people against spurious or counterfeited imitations of 
 the money to which it gives currency, and to those the Act is to be 
 confined. It cannot, indeed, be extended further, without entrenching: 
 upon the reserved rights of the states, which we must be careful to 
 respect, if the dual form of government which we have is to be 
 preserved." 
 
 § 84. Allegation of Knowledge. — These statutes be- 
 ing highly penal, and being given life only when there is 
 evil intent, make it absolutely necessary that the indict- 
 ment allege, and the proof show, either by circumstantial 
 or direct evidence, the intent to defraud in making, forg- 
 ing, or altering, and the knowledge of such falseness, 
 before the passing is unlawful. The Circuit Court of 
 Appeals for the First Circuit, in Gallagher vs. United
 
 262 Federal Criminal Law Procedure. 
 
 States, 144 Federal, page 87, held that in a prosecution 
 under Section 5415, for passing false or forged national 
 bank notes, knowledge that they were falsely made is an 
 essential element of the offense, and there must be some 
 evidence of such knowledge, circumstantial or otherwise, 
 aside from proof merely that the spurious note was pass- 
 ed. The Court says: 
 
 "The fact of knowledge may be proven in a variety of ways. There 
 should, however, always be some evidence tending to show knowledge 
 beyond that which results from mere proof that the spurious bill was 
 passed. This rule results from the nature of the transaction, because, 
 as is very well known, spurious notes are so skilfully fashioned that 
 one might naturally and innocently, as is oftentimes the case, receive 
 and pass them in the whirl of business. In such a case, intent and 
 guilty knowledge, within the meaning of the statute, would be absent; 
 hence, the rule requiring something more than evidence of the mere 
 passage of the counterfeit paper." 
 
 It is very true that such evidence may be gathered 
 from a field of circumstances, the manner in which the 
 payment was made, the fact that a large bill was offered 
 when the defendant had convenient change at hand; the 
 placing of the money quietly and sliding it along the 
 table or counter or receptacle; previous attempts to 
 pass the same coin or bill and the rejection thereof, or 
 the frequent passing of the same sort; conflicting state- 
 ments, etc., etc. In United States vs. Carll, 105 United 
 States, 611, the Supreme Court held that the allegation 
 knowingly and wilfully was absolutely necessary to the 
 validity of the indictment. 
 
 See. 84a. Allegation of Knowledge Continued. 
 
 The case of Baender vs. U. S., 260 F. 832, does not 
 seem to be the law as it holds that the intent may be 
 inferred from possession and need not be averred in the 
 indictment. The statute under consideration, however, 
 had been framed by Congress with the purpose of elimi- 
 nating the words "with intent to fraudulently use the 
 same' 3 ' omitted. The possession of opium, from which 
 analogy the opinion proceeds, was made presumptive, 
 on certain incriminating facts but the statute itself cre- 
 ates such presumption.
 
 Counterfeiting, Etc. 263 
 
 Of course, one could not be in possession of a mold 
 without knowing it, while one might be in possession of a 
 counterfeit and not know it. 
 
 The allegation of knowledge is indispensable, says the 
 Supreme Court in the Baender case, 41 Sup. Ct. Rep. 271, 
 when the case reached that court. 
 
 An indictment for having in possession a falsely al- 
 tered and spurious bank note, but containing no aver- 
 ment that the accused knew it to be altered or spurious 
 does not charge an offense, Hill vs. IT. S., 275 F. 187. 
 
 § 85. Description. — Accurateness and preciseness are 
 indispensable in the allegations of the indictment, when 
 it comes to describing the false instrument passed or 
 made. In United States vs. Howell, 64 Federal, 110, the 
 Court held that an indictment which specified the par- 
 ticular kind of obligation, the denomination of such ob- 
 ligation, the allegation that the bill purported to be a 
 United States note, and giving the denomination thereof, 
 was sufficient. It is thought however, to be the better 
 practice to set out the main features of the front and back 
 of the bill or security. Of course, it is not meant to say 
 that pictures or impossible delineations, or even difficult 
 drawings, are to be incorporated in the bill, but the large 
 numbers and wording, and identifying issues or series of 
 both the front and back of the bill should be specifically 
 set forth. It is fatal variance for the indictment to incor- 
 rectly describe the alleged conterfeit bills in respect to 
 the bill number, U. S. vs. Mason, 12 Blatch, (U. S.) 497. 
 If the grand jury does not have the bill it may so allege 
 and describe as well as the circumstances will permit, U. 
 S. vs. Howell, 64 Federal, 110. 
 
 § 86. Circulating Bills of Expired Corporation.— Sec- 
 tion 174 of the New Code practically re-enacts Section 
 5437. We have seen that under ordinary circumstances, 
 unless there be some fatally misleading similarity, imita- 
 tion, or similitude, the passing of the note of a defunct 
 bank is not a Federal offense. Section 174 of the new- 
 Code inhibits the issuing or uttering of any note or obli- 
 gation or bill or check or draft by any officer of an ex- 
 pired banking corporation. The statute, of course, does
 
 264 Federal Criminal Law Procedure. 
 
 not apply to one who is not, or was not, connected with 
 the institution during its life. 
 
 § 87. Mutilating or Defacing National Bank Note. — 
 Section 5189 of the old statutes has been so changed as 
 to read as follows, in Section 176 of the new Code: 
 
 "Whoever shall mutilate, cut, disfigure, or perforate with holes, 
 or unite or cement together or do any other thing to any bank bill, 
 draft, note or other evidence of debt, issued by any national banking 
 association, or shall cause or procure the same to be done, with intent 
 to render such bank bill, draft, note, or other evidence of debt unfit 
 to be re-issued by said association, shall be fined not more than one 
 hundred dollars, or imprisoned not more than six months, or both." 
 
 Under the old statute, the person doing the things 
 therein denounced was liable to a penalty of fifty dollars, 
 recoverable by the association, but under the new statute, 
 the act becomes an offense punishable by indictment. 
 Under the present section, as well as under the old stat- 
 ute, the prosecution must allege, and the proof must show 
 that the mutilation, defacing, etc., of the note, bill, or 
 draft, must have been with the intent to unfit the same to 
 be re-issued by the association issuing it. 
 
 § 88. Imitating National Banking Notes with Print- 
 ed Advertisement Thereon. — Section 175 of the new Code 
 takes the place of Section 5188, and reads as follows: 
 
 "It shall be unlawful to design, engrave, print,' or in any manner 
 make or execute, or to utter, issue, distribute, circulate, or use any 
 business or professional card, notice, placard, circular, handbill, or 
 advertisement in the likeness or similitude of any circulating note 
 or other obligation or security of any banking association organized 
 or acting under the laws of the United States which has been or may 
 be issued under any act of Congress, or to write, print, or otherwise 
 impress upon any such note, obligation, or security, any business or 
 professional card, notice, or advertisement, or any notice or advertise- 
 ment, or any matter or thing whatever. Whoever shall violate any 
 provision of this section shall be fined not more than one hundred 
 dollars, or imprisoned not more than six months, or both." 
 
 The new section becomes an offense wherein the pen- 
 alties are recovered by the public prosecutor through in- 
 dictment or information. Under the old statute, the of- 
 fender was liable to a penalty of one hundred dollars,
 
 Counterfeiting, Etc. 265 
 
 recoverable on the suit of the informer, one-half of which 
 went to the informer. Under the authority of United 
 States vs. Laescki, 29 Federal, 699, the penalty provided 
 by the old section could only be recovered by a qui tam 
 action brought by an informer, and could not be recov- 
 ered by indictment at the instance of the Government. 
 
 This section is intended alone for the purpose of pro- 
 tecting national bank notes, and does not, by construction 
 or otherwise, relate to the protection of any other gov- 
 ernment security or obligation. The statute really con- 
 tains two offenses: the one against making any token, 
 advertisement, circular, etc., in the likeness or similitude 
 of any circulating note or other obligation; and the other 
 is directed against the placing of any writing, printing 
 notice, or any other advertisement upon one of the cir- 
 culating notes or bills of the national bank currency. 
 ''Advertisement" to be read into entire statute, Kaye vs. 
 U. S., 177 Federal, page 147. 
 
 § 89. Imitating United States Securities or Printing 
 Business Cards on Them. — Closely akin to the section 
 above discussed is new Section 177, which reads as fol- 
 lows: 
 
 "It shall not be lawful to design, engrave, print, or in any manner 
 make or execute, or to utter, issue, distribute, circulate, or use any 
 business or professional card, notice, placard, circular, hand-bill, or 
 advertisement, in the likeness or similitude of any bond, certificate 
 of indebtedness, certificate of deposit, coupon, United States note, or 
 other obligation or security of the United States which has been or 
 may be issued under or authorized by any Act of Congress heretofore 
 passed or which may hereafter be passed; or to write, print, or other- 
 wise impress upon any such instrument, obligation, or security, any 
 business or professional card, notice or advertisement, or any notice 
 or advertisement of any matter or thing whatever. Whoever shall 
 violate any provision of this section shall be fined not more than five 
 hundred dollars." 
 
 This section takes the place of old Section 3708, and is 
 more severe in penalty. The penalty of the old section 
 was not recoverable except upon the suit of an informer, 
 and the authority of the United States vs. Laescki, 29
 
 266 Federal Criminal Law Procedure. 
 
 Federal, 699, governed. The new section authorizes 
 prosecution by information or indictment, and by the 
 government, instead of waiting for an informer to move. 
 This statute, like the preceding, protects from deface- 
 ment securities, moneys, notes, and other obligations of 
 the United States, and also prevents the making, for 
 advertising purposes, of any card or other circular in 
 likeness or similitude to any such government security 
 or obligation. 
 
 § 90. Notes of Less Than One Dollar Not to Be Is- 
 sued. — Section 3583 of the Revised Statutes of the United 
 States, that has been the law since 1878, has simply been 
 re-enacted in Section 178 of the new Code, which went 
 into effect January 1, 1910. This section reads as fol- 
 lows: 
 
 "No person shall make, issue, circulate, or pay out any note, check, 
 memorandum, token, or other obligation for a less sum than one 
 dollar, intended to circulate as money, or to be received or used in 
 lieu of lawful money of the United States; and every person so of- 
 fending shall be fined not more than five hundred dollars, or im- 
 prisoned not more than six months, or both." 
 
 The old section simply had the additional words, "at 
 the discretion of the Court. ' ' These words were left off 
 of the new section, which, however, does not alter the 
 punishment, because the same is in the discretion of the 
 Court under the new section, and he may assess either or 
 both, as he pleases. 
 
 There seems to be no doubt, so far as the decisions are 
 concerned, that a personal check drawn upon a bank in 
 the settlement of an obligation, and not to be circulated 
 as money is entirely lawful, and is not interfered with by 
 the above section. So early as 1878 the Supreme Court 
 of the United States, in the case of the United States 
 against Van Auken, 96 U. S., page 366, determined that 
 the section was intended to prevent the issuance of tokens 
 which were to circuate as money. That decision has 
 since been followed, directly and persuasively, in Hol- 
 lister vs. Merchant Institute, 111 U. S., 63; United States 
 vs. White, 19 Federal, 724; in re Aldrich, 16 Federal, 370; 
 United States vs. Rousopulous, 95 Federal, 978; Zion
 
 Counterfeiting, Etc. 267 
 
 Institute, etc., vs. Hollister, 3 Utah, 301; Martin Lumber 
 Company vs. Johnson, 70 Ark., 219; 66 S. W., 925. 
 
 Of course anything I have said here does not moan thai 
 individuals or business concerns should issue, for the 
 payment of help, any sort of a token that the employ* 
 could not immediately take to a bank and receive the 
 cash thereon. 
 
 The statute is simply for the purpose of confining the 
 power to issue money in the Constitutional channel, to 
 wit, the hands of Congress, and not to individuals, or 
 firms, or concerns. 
 
 § 91. Counterfeiting Gold or Silver Coins or Bars.— 
 Without substantial alteration, old Station 5457 and the 
 Amendment as contained in the First Supplement, 128, 
 becomes Section 163 of the new Code, in the following 
 words: 
 
 "Whoever shall falsely make, forge, or counterfeit, or cause or 
 procure to be falsely made, forged, or counterfeited, or shall willingly 
 aid or assist in falsely making, forging, or counterfeiting, any coin 
 on bars in resemblance or similitude of the gold or silver coins or 
 bars which have been, or hereafter may be coined or stamped at the 
 mints and assay offices of the United States, or in resemblance or 
 similitude of any foreign gold or silver coin, which by laws, is, or 
 hereafter may be, current in the United States, or are in actual use 
 and circulation as money within the United States; or whoever shall 
 pass, utter, publish, or sell, or attempt to pass, utter, publish, or sell, 
 or bring into any foreign place, knowing the same to be false, forged, 
 or counterfeit, with intent to defraud any body politic or corporate, or 
 any person or persons whomsoever, or shall have in his possession any 
 such false, forged, or counterfeited coin or bars, knowing the same to 
 be false, forged, or counterfeited, with intent to defraud anybody 
 politic or corporate, or any person or persons whosoever, shall be 
 fined not more than five thousand dollars and imprisoned not more 
 than ten years." 
 
 The same care in the drafting of indictments, in the 
 alleging of the fraudulent intent, is necessary, as in 
 prosecutions for passing other forged instruments. When 
 the indictment is for forging or making, the allegation of 
 knowledge is unnecessary, because the law presumes thai 
 one who makes has knowledge of its falseness. U. S. vs. 
 Otney, 31 Federal, 68; U. S. vs. Bicksler, 1 Mackey, 341; 
 U. S. vs. Peters, 2 Abb. (U. S.), 494; U. S. vs. Russell,
 
 268 Federal Criminal Law Procedure. 
 
 22 Federal, 390. When, however, the charge is for pass- 
 ing, knowledge must be alleged and shown. Of course, 
 such knowledge may be shown by either direct or cir- 
 cumstantial evidence, but there must be something from 
 which the jury can conclude, beyond a reasonable doubt, 
 that the person passing had knowledge that the coin was 
 spurious; otherwise, the act is entirely innocent. 
 
 Sec. 91a. Counterfeit Gold and Silver Coins and Bars 
 Continued. 
 
 For minor coins see Sec. 93. It is not necessary to 
 allege ''not a minor coin," Linnigen vs. Morgan, 241 F. 
 645. 
 
 § 92. Resemblance or Similitude. — The same difficul- 
 ties have been encountered and overcome by the Courts 
 under the coin statutes as were discussed under Sections 
 148 and 149, supra. A coin or bar would not be called 
 counterfeit, within the meaning of a criminal statute, 
 unless there appeared to be some resemblance or simili- 
 tude and an effort to make such resemblance and simili- 
 tude. It would seem to be the better public policy to 
 accept the test prescribed in United States vs. Hargrave, 
 26 Federal Cases No. 15306, where it was said that it 
 was not a question whether the spurious coin would de- 
 ceive a person of ordinary skill and caution, but whether 
 it was capable and designed to be used for deceiving the 
 incautious and unskillful, to test which seems to be more 
 broadly determined in the following words, to wit: "If 
 the spurious article has not a resemblance strong enough 
 to deceive persons exercising ordinary caution, then the 
 passing is not a crime," as cited in and supported by 
 Second Volume Federal Statutes Annotated, page 311; 
 United States vs. Aylward, 24 Federal Cases No. 14484. 
 A very fair test is that prescribed in United States vs. 
 Hopkins, 26 Federal, 443, where the Court said: 
 
 "It is not necessary that the resemblance should be exact in all 
 respects. The resemblance is sufficient if the coins are so far alike 
 that the counterfeit coin is calculated to deceive a person exercising 
 ordinary caution and observation in the usual transaction of business.
 
 Counterfeiting, Etc. 269 
 
 though the counterfeit would not deceive a person who was expert, 
 or has particular experience in such matters." 
 
 See also U. S. vs. Abrams, 18 Federal, 823; U. S. vs. 
 Kussell, 22 Federal, 390. In United States vs. Lissner, 12 
 Federal, 840, the Court held that the removal of an ap- 
 preciable amount of the silver from a coin, which was 
 replaced with an inferior metal, amounted to counterfeit- 
 ing. 
 
 In United States vs. Owens, 37 Federal, 112, District 
 Judge Hammond held that in a prosecution under a gen- 
 eral statute of the sort under discussion, it was not essen- 
 tial for the indictment to aver that the alleged counter- 
 feits were in the likeness and similitude of genuine notes 
 (coins) authorized by the act of Congress under which 
 they purported to have been issued. Such an allegation 
 may be necessary under a special statute, but in provid- 
 ing a general law for forgery, such specific allegation is 
 unnecessary. The words "false, forged, and counterfeited 
 obligation of the United States" are sufficient to imply 
 that the alleged counterfeit purports to be a genuine 
 obligation of the United States, and are a sufficient aver- 
 ment that there is, or was, outstanding, authorized by 
 law, genuine obligations of the sort the alleged imitation 
 was intended to be a forgery or counterfeit. 
 
 An indictment under this section must aver the inten- 
 tion to defraud, but it need not specify the person, if, as 
 a matter of fact, the grand jury does not know in particu- 
 lar, and the indictment may, therefore, allege that the 
 forging and having in possession was for the purpose of 
 defrauding persons to the grand jurors unknown, if such 
 be the facts. Of course, in a count for passing or utter- 
 ing, the indictment should allege the intent to defraud 
 the person upon whom the coin was passed. Whether for 
 having in possession or for passing, there must be, as 
 above stated, an allegation of knowledge with reference 
 to its vice. U. S. vs. Bejandio, 1 Woods, 294. 
 
 § 92a. Resemblance and Similitude, Continued.— An 
 unsigned national bank note contains the elements of 
 similitude and resemblance required by the statute. Wig-
 
 270 Federal Criminal Law Procedure. 
 
 gins vs. U. S., 214 Federal, 970. Similitude an-1 resem- 
 blance is a jury question and must be submitted by the 
 Court to the jury. U. S. vs. Weber, 210 Federal," 973. 
 See Sections 78 and 78a. The meaning of similitude is 
 that the counterfeit must resemble the genuine. Whether 
 it does is a question of fact for the jury, but the Court 
 will instruct them that the likeness need not be perfect. 
 The rule is sometimes stated to be that it will suffice if 
 the counterfeit looks so much like the original as to be 
 capable of deceiving a person using ordinary caution. 
 2nd Vol. Bishop's New Criminal Law, Section 291, page 
 167. There need be no impression on the counterfeit, 
 says one authority for it may be in the likeness of the 
 worn coin. 2nd Vol. Bishop's New Criminal Law, Section 
 291, page 167. 
 
 § 92b. Advertisements Like Coins, Etc. — Section 171 
 provides: "Whoever, within the United States or any 
 place subject to the jurisdiction thereof, shall make, or 
 cause or procure to be made, or shall bring therein, from 
 any foreign country, or shall have in possession with in- 
 tent to sell, give away, or in any other manner use the 
 same, any business or professional card, notice, placard, 
 token, device, print, or impression, or any other thing 
 whatsoever, in the likeness or similitude as to design, 
 color, or the inscription thereon, of any of the coins of 
 the United States or of any foreign country that have 
 been or hereafter may be issued as money, either under 
 the authority of the United States or under the authority 
 of any foreign government, shall be fined not more than 
 one hundred dollars. But nothing in this section shall 
 be construed to forbid or prevent the printing and pub- 
 lishing of illustrations of coins and medals, or the making 
 of the necessary plates for the same, to be used in illus- 
 trating numismatic and historical books and journals and 
 the circulars or legitimate publishers and dealers in the 
 same." Act February 15, 1912. 
 
 § 93. Counterfeiting Minor Coins. — Section 5458 of 
 the old statutes is displaced by Section 164 of the new 
 Code, in the following terms:
 
 Counterfeiting, Etc. 271 
 
 "Whoever shall falsely make, forge, or counterfeit, or cause or 
 procure to be falsely made, forged, or counterfeited, or shall willingly 
 aid or assist in falsely making, forging, or counterfeiting any coin 
 in the resemblance of similitude of any of the minor coins which have 
 been, or hereafter may be, coined at the mints of the United Stati 
 or whoever shall pass, utter, publish, or sell, or bring into the United 
 States or any place subect to the jurisdiction thereof from any foreign 
 place, or have in his possession any such false, forged, or counter- 
 feited coin, with intent to defraud any person whomsoever, shall 
 be fined not more than one thousand dollars and imprisoned not more 
 than three years." 
 
 This statute, it will be noticed, includes all of the 
 elements and ingredients, both with reference to allega- 
 tion and proof that have been treated under Sections 163, 
 148 and 149. It must be understood that the minor coins 
 referred to in the section are those defined and created 
 by Section 3515 of the old statute, which were a five-cent 
 piece, a three-cent piece, and a one-cent piece. An in- 
 dictment, therefore, which charged the forging and coun- 
 terfeiting of minor silver coinage is contradictory, and 
 alleges no offense. U. S. vs. Bicksler, 1 Mackey, 341. 
 
 § 94. Making or Uttering Coins in the Resemblance 
 of Money. — New Section 167, in the following words: 
 
 "Whoever, except as authorized by law, shall make or cause to be 
 made, or shall utter or pass, or attempt to utter or pass, any coins 
 of gold or silver or other metal, or alloys of metals, intended for the 
 use and purpose of current money, whether in the resemblance of 
 coins of the United States or of foreign countries, or of original design, 
 shall be fined not more than three thousand dollars, or imprisoned 
 not more than five years, or both." 
 
 displaces old Section 5461. Sections 163 and 164, above 
 mentioned, related alone to gold and silver coins or bars. 
 and the minor coinage while Section 167 is what may be 
 termed a blanket statute, that denounces as unlawful, 
 any making, uttering, or passing etc., of any coin, 
 whether of gold or silver or other metal, intended for tin 1 
 use and purpose of current money, and this whether the 
 design be in imitation of any United States obligation, 
 or whether it be in original design. 
 
 This statute, if enforced, is capable of being used for 
 much good, in the stamping out of the practice of certain
 
 272 Federal Criminal Law Procedure. 
 
 large industries, that pay their labor, and thus enforce a 
 practical serfdom, with checks or due bills or trade vouch- 
 ers which pass as current money in the camp or town 
 that such industry owns or dominates. The fact part of 
 the statute is found in the words "intended for the use 
 and purpose of current money," and, of course, this can 
 be made to appear either by direct or circumstantial tes- 
 timony. The jury should be instructed that the tokens 
 were intended for the use and purpose expressed in the 
 statute, and they should so find, beyond a reasonable 
 doubt, before a conviction could be had. 
 
 § 95. Making or Issuing Devices of Minor Coins. — For 
 the protection of the minor coinage, as defined by old 
 statute 3515, as hereinbefore noticed, the old section 5462 
 becomes Section 168 in the new Code, which reads as fol- 
 lows: 
 
 "Whoever, not lawfully authorized, shall make, issue, or pass, or 
 cause to be made, issued, or passed, any coin, card, token, or device 
 in metal, or its compounds, which may be intended to be used as money 
 for any one-cent, two-cent, three-cent, or five-cent piece, now or here- 
 after authorized by law, or for coins of equal value, shall be fined not 
 more than one thousand dollars, and imprisoned not more than five 
 years." 
 
 In United States vs. Roussopulous, 95 Federal, 977, the 
 Court held that circular metal tokens, which, though of 
 similar color, differed in size and wholly undesigned from 
 any coin of the United States, and are only from one-sixth 
 to one-fifteenth the weight of the coin the nearest the 
 same size, and which do not purport to be money or ob- 
 ligations to pay money, but contain the names of business 
 concerns, with the statement that they are good for a 
 certain value in merchandise, are not tokens in the like- 
 ness and similitude of coins of the United States, nor 
 intended to circulate as money, and to be received and 
 used in lieu of lawful money, within the prohibition of 
 Section 5462, Section 3583, or the Act of February 10, 
 1891. 
 
 It will be borne in mind, however, that Section 168 is 
 not nearly so broad as Section 167. It is true of 168, as 
 it was of 167, that there must be an intent to use the
 
 Counterfeiting, Etc. 273 
 
 token as money, which must be charged, proven, and 
 found, as other essential facts in criminal cases. 
 
 § 96. Other Statutes Relating to the Coinage.— Sec- 
 tion 165 takes the place of the old Section 5459, as amend- 
 ed by the Act shown at page 579 of the Second Supple- 
 ment. This section punishes the fraudulent mutilation 
 or lightening of the coinage. There seems to be nothing 
 in the old law or in the new law that inhibits the bona 
 fide use of a coin. If, however, there be a mutilation, 
 for the purpose of defrauding some person, the statute is 
 so broad as to include every possible method. It was 
 said in United States vs. Lissner, 12 Federal, 840, that 
 where one punched a hole with a sharp instrument 
 through a coin, leaving all the silver in the coin, though 
 crowding it into different shape, he committed no offense. 
 
 Section 166 relates to the debasement of the coinage by 
 officers of the mint, and is a practical re-enactment of old 
 Section 150. Section 169 relates to counterfeiting, etc., of 
 the dies for coins of the United States, and incorporates 
 all the features of the Act shown in First Supplement, 
 page 889. 
 
 Section 170 denounced the counterfeiting of dies for 
 foreign coins, and is based upon the Act shown in the 
 First Supplement, page 890. 
 
 Section 171 is an incorporation of the Act shown in 
 First Supplement, page 890, and the Act of the Third of 
 March, 1903, page 1223 of the 32 St. Large, and treats of 
 the making, importing, or having in possession, tokens, 
 prints, etc., similar to United States or foreign coins. 
 
 § 96a. Counterfeit Dies, Hubs, Molds, Etc.— The Act 
 of February 10, 1891, Chap. 127, 26 Stats. L., 742, which 
 makes it an offense to make any die, hub or mold in the 
 likeness of any die, hub or mold designed for the coining 
 of any of the coins of the United States "without authori- 
 ty from the Secretary of the Treasury," makes it neces- 
 sary that the indictment must aver the want of such au- 
 thority and a general averment that the die, hub or mold 
 was unlawfully and feloniously made by defendant is 
 not sufficient. Wroclawsky vs. IT. S., 183 Federal, 312. 
 
 Sections 169 and 170 of the Criminal Code do not con- 
 tain the words "Secretary of the Treasury" but do con- 
 
 18
 
 274 Federal Criminal Law Procedure. 
 
 tain the words "without lawful authority." It would 
 appeal that an indictment without the words "without 
 lawful authority" would be generally demurrable and 
 yet the proof of such an allegation could only be made 
 by the testimony of the Treasury Department of the 
 United States, and from the lips of such authority in that 
 department as would be able to speak with reference to 
 the custody of all of such property as belonged to the 
 Government. It might be that this proof could be made 
 by a duly commissioned secret service officer who would 
 be sufficiently familiar with the dies and hubs and molds 
 of the United States, but it is hardly seen how he could 
 qualify and how his testimony would meet the measure 
 of these two sections. 
 
 Sec. 96b. Die and Mold. 
 
 It is immaterial that the word die is used instead of 
 mold, Cole vs. U. S., 269 F. 250. 
 
 § 97. Counterfeit Obligations, Etc., to be Forfeited. — 
 By the terms of Section 172, which reads as follows: 
 
 "All counterfeits of any obligation or other security of the United 
 States or of any foreign government, and all material or apparatus 
 fitted or intended to be used, or that shall have been used, in the 
 making of any such counterfeit obligation or other security or coins 
 hereinbefore mentioned, that shall be found in the possession of any 
 person without authority from the Secretary of the Treasury or other 
 proper officer to have the same, shall be taken possession of by any au- 
 thorized agent of the Treasury Department, and forfeited to the United 
 States, and disposed of in any manner the Secretary of the Treasury 
 may direct. Whoever having the custody or control of any such 
 counterfeits, material, or apparatus, shall fail or refuse to surrender 
 possession thereof upon request by any such authorized agent of the 
 Treasury Department, shall be fined not more than one hundred 
 dollars, or imprisoned not more than one year, or both." 
 
 any counterfeit obligation, security, coin, or other ma- 
 terial, is to be forfeited. This section is an enlargement 
 of the Act shown in the First Supplement, page 890, in 
 that it adds a penalty. Whoever, having custody of the 
 material, refuses to surrender, upon request, is liable to 
 one hundred dollars fine, or imprisonment for not more 
 than one year, or both.
 
 Counterfeiting, Etc. 
 
 275 
 
 § 98. Search Warrant.— In aid of the above statute. 
 and particularly for the suppression of all sorts of coun- 
 terfeiting, we have Section 173 of the new Code, in the 
 following words: 
 
 "The several judges of courts established under the laws of the 
 United States and United States commissioners may, upon proper 
 oath or affirmation, within their respective jurisdictions, issue a 
 search warrant authorizing any marshal of the United States, or any 
 other person specially mentioned in such warrant, to enter any house, 
 store, building, boat, or other place named in such warrant, in which 
 there shall appear probable cause for believing that the manufacture 
 of counterfeit money, or the concealment of counterfeit money, or the 
 manufacture or concealment of counterfeit obligations or coins of the 
 United States or of any foreign government, or the manufacture or 
 concealment of dies, hubs, molds, plates, or other things fitted or in- 
 tended to be used for the manufacture of counterfeit money, coins, or 
 obligations of the United States or of any foreign government, or of 
 any bank doing businesss under the authority of the United States, 
 or of any State or Territory thereof, or any bank doing business 
 under the authority of any foreign government, or of any political 
 division of any foreign government, is being carried on or practiced, 
 and there search for any such counterfeit money, coins, dies, hubs, 
 molds, plates, and other things, and for any such obligations, and if 
 any such be found, to seize and secure the same, and to make return 
 thereof to the proper authority; and all such counterfeit money, 
 coins, dies, hubs, molds, plates, and other things, and all such counter- 
 feit obligations so seized shall be forfeited to the United States.'' 
 
 The only difference between the new section and the 
 old section as shown in First Supplement, page 890, is 
 the leaving out of the provision that a search warrant 
 may be served or acted upon only in the day-time. Un- 
 der the new law, officers may act under the search war- 
 rant, when issued as therein provided, at any time, un- 
 less, perchance, the Constitutional prohibition against 
 unreasonable searches and seizures may be read into the 
 statute, and it doubtless is. 
 
 Sec. 98a. Search Warrant Continued. 
 
 There is no general power reposed in a court to issue 
 a search warrant, IT. S. vs. Jones, 230 F. 263.
 
 CHAPTER VI. 
 
 OFFENSES AGAINST PUBLIC JUSTICE. 
 
 99. Perjury. 
 
 100. Form of Oath Immaterial. 
 
 101. Competent Tribunal, Officer, etc 
 101a. Oath Must be Authorized. 
 
 102. Illustrations of Successfully Laid Perjury. 
 102a. Additional Perjury Cases. 
 
 103. Materiality and Willfulness. 
 103a. Materiality Continued. 
 
 104. Sufficiency of Indictment. 
 
 105. Proof. 
 
 105a. Proof Continued. 
 105b. Other Cases. 
 
 106. Subornation of Perjury. 
 106a. Attorney Suborning. 
 106b. Elements of Surbornation. 
 
 107. Stealing or Altering Process, Procuring False Play, etc. 
 
 108. Obstructing Process or Assaulting an Officer, etc. 
 
 108a. Advice to Avoid Service of Process May Be Obstruction. 
 108b. Obstructing Process Continued. 
 
 109. Destroying or Stealing, etc., Public Records. 
 
 110. Destroying Records by Officer in Charge. 
 
 111. Forging Signature of Judge, etc. 
 
 112. Intimidation or Corruption of Witness or Grand or Petit Juror 
 or Officer. 
 
 112a. Illustrations of Intimidation. 
 
 113. Conspiring to Intimidate Party, Witness or Jury. 
 
 114. Attempt to Influence Jury. 
 
 115. Allowing Prisoner to Escape. 
 115a. Applies to State Jailer. 
 
 116. Rescuing, etc., Prisoner, etc.; Concealing, etc., Prisoner for 
 Whom Warrant has been Issued. 
 
 117. Rescue at Execution; Rescue of Prisoner and Rescue of Body 
 
 of Executed Offender. 
 
 118. Extortion by Internal Revenue Informers. 
 
 119. Misprision of Felony 
 
 120. Bribery. 
 
 121. Bribery of a Judge or Judicial Officer. 
 
 122. Judge or Judicial Officer Accepting Bribe, etc. 
 
 123. Juror, Referee, Master, United States Commissioner or Judicial 
 
 Officer, etc., Accepting Bribe. 
 123a. Indictment — Who is Officer. 
 
 124. Witness Accepting Bribe. 
 
 125. Members of Congress Accepting Bribes, etc. 
 
 (276)
 
 Offexses Against Public Justice. 277 
 
 § 99. Perjury.— Section 125 of the new Code, which 
 contains 5392 of the old statutes without changing the 
 same, reads as follows: 
 
 "Whoever, having taken an oath before a competent tribunal, officer, 
 or person, in any case in which a law of the United States author- 
 izes an oath to be administered, that he will testify, declare, depose, 
 or certify truly, or that any written testimony, declaration, desposi- 
 cion, or certificate by him subscribed, is true, shall wilfully and coii 
 trary to such oath state or subscribe any material matter which he 
 does not believe to be true, is guilty of perjury, and shall be fined not 
 more than two thousand dollars, and imprisoned not more than five 
 years." 
 
 Common law perjury was practically the same as this 
 statutory offense. Perjury, at Common Law, was the 
 wilful and corrupt giving, upon a lawful oath, or in any 
 form allowed by law to be substituted for an oath in a 
 judicial proceeding or course of justice, of false testi- 
 mony material to the issue or matter of inquiry. 
 
 § 100. Form of Oath Immaterial. — An oath, as under- 
 stood in prosecutions under this statute, is one's solemn 
 asseveration, uttered in an appeal to the Supreme Being, 
 under the sanction of his religion, that a thing stated or 
 to be stated by him is true, made to a civil officer author- 
 ized to administer or receive it. It must, therefore, be a 
 lawful one; that is, it must be legally administered, by 
 an officer duly authorized, but the form is immaterial, 
 provided the witness professes it to be binding on him. 
 When a witness comes to be sworn, it is to be assumed 
 that he has settled with himself in what way he shall be 
 sworn, and he should make it known to the Court, and 
 should be sworn with uplifted hand, or by any other un- 
 usual mode, though not conscientiously opposed to swear- 
 ing on the Gospel, and depose falsely, he subjects himself 
 to prosecution for perjury. See Clark, Bishop, and Whar- 
 ton on Perjury. In United States vs. Mallard. 10 Fed- 
 eral, 151, the Court held that the affiant, being unable to 
 write, the Commissioner reduced his statement to writing, 
 ending with the jurat, "Sworn to before me," and said 
 to him, "If you swear to this statement, put your mark- 
 here. " The affiant put his mark. This was held to be an 
 oath. In United States vs. Baer, 6 Federal, 42, the evi-
 
 278 Federal Criminal Law Procedure. 
 
 dence of a notary public showed that he had used a form 
 substantially as that required by the local state statute, 
 in swearing a witness, and the Court held that the oath 
 was sufficient to sustain a verdict of guilty of perjury. 
 
 § 101. Competent Tribunal, Officers, Etc. — Having 
 been satisfied that the person took an oath in some form 
 recognized as religiously binding, the next question un- 
 der the statute is whether such an oath was taken before 
 a competent tribunal, officer, or person, in a case in which 
 a law of the United States authorized an oath to be ad- 
 ministered. Under the Common Law, the false testimony 
 must be in a judicial proceeding, or in the course of jus- 
 tice; but the statute under consideration includes much 
 more than the Courthouse testimony and oath. It does 
 not, however, include every affidavit or declaration. In 
 United States vs. Babcock, 4 McLean, 113, it was held 
 that an oath administered to a witness by the Clerk of 
 the Circuit Court, as to the distance from the Court to 
 his home, taken by the witness to support his claim for 
 mileage, was not taken under any law of the United 
 States, and, therefore, a prosecution for perjury could not 
 be sustained. In United States vs. Maid, 116 Federal, 
 650, the Court held that an affidavit of the non-mineral 
 character of the land, made in support of a homestead 
 entry, although a regulation of the land office required 
 such an affidavit to be made in certain states, since it was 
 not required by Revised Statutes 2290, which prescribed 
 the contents of a homestead affidavit, would not sustain 
 a prosecution for perjury. 
 
 In United States vs. Howard, 37 Federal, the facts 
 showed that the defendant entered a homestead claim, 
 and on application to commute his entry to a cash entry, 
 he made affidavit that he had actually moved on the land 
 in December, etc., taking his oath before a Judge of Pro- 
 bate. The statute did not authorize a Judge of Probate 
 to administer such an oath; and the Court, upon demur- 
 rer, held the indictment to be fatally defective, upon the 
 proposition that the defendant had not taken his oath 
 before some competent tribunal, officer, or person. In 
 United States vs. Manion, 44 Federal, page 800, the Court 
 held that perjury cannot be assigned upon affidavit made
 
 Offenses Against Public Justice. 
 
 before a notary public, by a person in support of his 
 claim to a preference right to purchase coal land under 
 certain sections of the Revised Statutes, because notaries 
 public are not authorized by any law of the United States 
 to administer oaths to affidavits required by the rules and 
 regulations of the general land office, the regulations 
 showing that persons desiring to make affidavits for coal 
 lands must do so before a Register or Receiver of t lie Land 
 office. Judge Paul, in United States vs. Law, 50 Federal, 
 915, held that Section 778 of the Revised Statute, which 
 authorized notaries public to administer oaths in all ea 
 in which Justices of the Peace had power to administer 
 them, gave no power to administer an oath in an investi- 
 gation by the Post-office Department, as to the alleged 
 loss of a registered letter, for there was no statute which 
 gave Justices such power, and, therefore, no indictment 
 for perjury could be based upon false statements in an 
 affidavit made before a notary public in such an investi- 
 gation. Before the Act of February 26, 1881, a notary 
 public had no authority to administer oaths to officers 
 of national banks for the verification of their reports to 
 the Comptroller, and false statements in such reports, 
 where verification was had before a notary public, would 
 not have sustained prosecution for perjury. United 
 States vs. Curtis, 107 U. S., 671. An oath taken before a 
 Commissioner of the Circuit Court in taking bail, where 
 the laws of the State do not authorize the State officers 
 mentioned in the statute to administer oaths for similar 
 purposes, will not sustain a prosecution for perjury. 
 United States vs. Garcelon, 82 Federal, 611. Under the 
 authority of United States vs. Lamson, 165 Federal, page 
 80, an affidavit under Section 6 of the Oleomargarine Act. 
 which requires wholesale dealers to keep such books and 
 render such returns as the Commissioner of Internal 
 Revenue, may, by regulation, require, under prescribed 
 penalties for its violation, and the regulation thereunder 
 made requiring an oath to the returns, does not have the 
 force of law in such sense that a false oath to a return 
 subjects the maker to prosecution for perjury, and an 
 indictment so laid was quashed by Judge Brown.
 
 280 Federal Criminal Law Procedure. 
 
 § 101a. Oath Must Be Authorized. — A perjury cannot 
 be assigned upon an oath that was not authorized or re- 
 quired by law. In the case of U. S. vs. George, 228 U. S., 
 page 14, the Supreme Court of the United States affirmed 
 the judgment of the lower Court, wherein it was held 
 that an affidavit made by a homestead claimant in pur- 
 suance of a regulation promulgated by the Secretary of 
 the Interior and by the officers of the Land Department, 
 but which was not authorized or demanded by any law 
 of the United States, could not be the predicate for the 
 successful assigning of perjury. The Court observed 
 that there was a distinction between legislative and ad- 
 ministrative functions and that under a statutory power 
 to make regulations an administrative officer could not 
 abridge or enlarge the conditions imposed by statute. 
 
 The bankruptcy statute authorizes the making of 
 schedules under oath and the examination of the bank- 
 rupt and various other under-oath proceedings, and per- 
 jury committed in any of such examinations or disclosures 
 is venal. Daniels vs. U. S., 196 Federal, 459. Ulmer vs. 
 U. S., 219 Federal, 641; U. S. vs. Kosenstein, 211 Federal, 
 738; oaths made in the various steps of a patent applica- 
 tion are corrupt. Patterson vs. U. S., 202 Federal, 208; 
 a notary public is a competent officer or tribunal and 
 authorized to administer oaths. Patterson vs. U. S., 202 
 Federal, 708. But the affidavit required under Section 
 4886 by an inventor may not be enlarged by the Com- 
 missioner of Patents so as to make an assignment of 
 perjury possible under such enlarged order. Patterson 
 vs. U. S., 181 Federal, 970. An importer is guilty of 
 perjury in making an affidavit which was untrue with 
 reference to concealed or suppressed articles which were 
 subject to duties, U. S. vs. Salen, 216 Federal, 420. 
 
 Grand jurors have authority to administer oaths and 
 false testimony is perjury. Brzezinski vs. U. S., 198 Fed- 
 eral, 65. 
 
 A United States Commissioner is authorized to ad- 
 minister oaths as demanded by this statute. Cohen \s. 
 U. S., 214 Federal, 23.
 
 Offenses Against Public Justice. 281 
 
 Sec. 101b. A United States Commissioner is a Com- 
 petent Tribunal, 252 F. 471. 
 
 An oath taken on a Civil Service blank is an offense, 
 IT. S. vs. Crandol, 233 F. 331. 
 
 § 102. In the following cases, perjury has been suc- 
 cessfully laid : 
 
 False oath by a director of a national bank, before a 
 notary public. United States vs. Neal, 14 Federal, 767. 
 
 Affidavit of an applicant for an entry to land, made be- 
 fore the clerk of the County Court, United States vs. 
 Hearing, 26 Federal, 744. 
 
 False oath under the Timber Culture Act, which au- 
 thorized the oath to be administered in the District where 
 the land is situated. United States vs. Madison, 21 Fed- 
 eral, 628; United States vs. Shinn, 14 Federal, 447. 
 
 False swearing in an affidavit made before a Justice of 
 the Peace, in conformity to a regulation of the Secretary 
 of the Treasury. United States vs. Bailev, 9 Peters, 238. 
 
 Also where oath is administered by state officer au- 
 thorized by the usage of the Treasury Department, when 
 Congress required an oath to be made. United States vs. 
 Winchester, 2 McLean, 135. 
 
 An affidavit made before a Justice of the Peace, to sup- 
 port a pension claim. United States vs. Boggs, 31 Fed- 
 eral, 337. 
 
 An affidavit made before a notary public, in support of 
 an application for pension. Noah vs. United States, 128 
 Federal, 270; also Williamson vs. United States, U. S. 
 Supreme Court, October Term, 1907. 
 
 Officer of the General Land Office of the United States, 
 hearing a contest with respect to a homestead entry, in 
 accordance with the rules promulgated by the Interior 
 Department, constitutes a competent tribunal. Caha vs. 
 United States, 152 U. S., 211. 
 
 A verification of a cashier of a national bank, of a re- 
 port of the condition of the bank. United States vs. Bar- 
 tow, 10 Federal, 873. 
 
 Judge Speer, in United States vs. Hardison, 135 Fed- 
 eral, 419, held that where a defendant swore falsely as 
 to his qualifications to become a surety on a distiller's 
 bond, before a Deputy Internal Revenue Collector, Iip was
 
 282 Federal. Criminal Law Procedure. 
 
 properly charged with perjury, even though the oatli 
 thereto was taken before a United States Commissioner. 
 
 In United States vs. Patterson, 172 Federal, 241, Judge 
 Woolverton held that a wilful false statement in an oath 
 to an application for patent, made as required by Section 
 4892 of the Revised Statutes, that the applicant verily 
 believes himself to be the original, first, and sole inventor 
 of the device for which the patent is sought, is of a ma- 
 terial matter, and constitutes perjury. 
 
 In United States vs. Voltz, 14 Blatchf., page 15, the 
 Court held that the qualification of a surety to a bail bond 
 is a case within the meaning of the perjury section, and 
 upon which perjury can be based. 
 
 In Brace vs. United States, 149 Federal, 871, a land 
 affidavit is sufficient, as the foundation for a perjury 
 prosecution. 
 
 Naturalization affidavits, in Schmidt vs. U. S., 133 F., 
 257, and U. S. vs. Dupont, 176 F., 823. 
 
 102a. Additional Perjury Cases. 
 
 False oath to an application for continuance is, Holmes 
 vs. U. S., 269 F. 96. 
 
 An acquittal on the merits usually precludes prosecu- 
 tion for perjury on such trial, though prosecution may 
 be had for perjury in subordinating evidential matter, 
 Youngblood vs. U. S., 266 F. 795. 
 
 Oath to application for passports as to length of ac- 
 quaintance with the applicant is not perjury, U. S. vs. 
 Robertson, 257 F. 195. 
 
 Affidavit to questionary is, Hardwick vs. U. S., 257 F 
 505. 
 
 An oath by homesteader for the General Land office is, 
 U. S. vs. Morehead, U. S. Sup. Ct. April 1917. 
 
 An oath for the restoration of property in bankruptcy 
 is not "material," Morris vs. U. S., 261 F. 175. 
 
 § 103. Materiality and Wilfulness. — The indictment 
 must aver unmistakably the materiality of the oath, and 
 the wilfulness of the falsification. U. S. vs. Ammerman, 
 176 Federal, 636. A false statement, declaration, or tes- 
 timony, upon a collateral issue, will not sustain perjury, 
 and neither will mistake or innocent falseness make one 
 guilty of the offense.
 
 Offenses Against Public Justice. 283 
 
 It is sufficient to charge generally that the false testi- 
 mony was in respect to a matter material to the issue. 
 without setting out the facts from which such materiality 
 appears. If, however, the facts are also stated, and it 
 clearly appears that the testimony was not material, a 
 formal allegation of materiality will not save the indict- 
 ment. United States vs. Pettus, 84 Federal, 791. So, 
 also, where in an indictment for perjury it is apparent 
 from the averments that the evidence which is charged 
 to be false was material, it is not essential to state the 
 legal conclusion by alleging that the evidence was ma- 
 terial. The Court being apprised of the facts, may draw 
 the conclusion without the allegation. So, also,* where 
 the averments as to the materiality of what is alleged to 
 have been sworn falsely are defective, the indictment is, 
 nevertheless, good, if such materiality sufficiently ap- 
 pears on its face. 30 Cyc, 1435. 
 
 § 103a. Materiality, Continued. — In Hogue vs. U. S., 
 
 184 Federal, 245, the Court held that even though there 
 was a general allegation of materiality and, thereafter an 
 attempt to set forth the facts, such facts must in them- 
 selves show materiality, and in the absence of such show- 
 ing the indictment would be held defective. Complying 
 with this rule, a new indictment was drawn in that case 
 and it was subsequently affirmed in Hogus vs. U. S., 192 
 Federal, 918. I am firmly of the opinion that it is the law 
 as supported by the vast majority of decisions that the 
 indictment must allege the materiality of the statement 
 complained of which may be done by a simple allegation 
 or by pleading the facts from which the Court may de- 
 termine its materiality. U. S. vs. Salen, 216 Federal, 420; 
 Ammerman vs. U. S., 185 Federal, 1. 
 
 The Circuit Court of Appeals, in Ammerman vs. U. S., 
 
 185 Federal, page 1, in which they reversed the same case 
 shown in 176 Federal, 635, announced the doctrine con- 
 tended for here that is to, say, that it must be alleged in 
 the indictment that the matter sworn to was material or 
 the facts set forth as false must be sufficient in themselves 
 to show such materiality. U. S. vs. Nelson, 199 Federal. 
 464; U. S. vs. Ehodes, 212 Federal, 518; Markham vs. 
 U. S., 160 U. S., 325. If an indictment alleges materiality
 
 284 Fedekal Criminal Law Procedure. 
 
 but thereafter shows that the alleged false statements 
 were not material, then no offense is plead; U. S. vs. 
 Rose, 212 Federal, 518. A general averment of material- 
 ity is sufficient. Baskin vs. U. S., 209 Federal, 740; Hen- 
 dricks vs. U. S., 223 U. S., 178. 
 
 Sec. 103b. Materiality Continued. 
 
 See Morris vs. U. S., 261 F. 175. 
 
 Illustrations of "non-material" oath see Epstein vs. 
 U. S., 271 F. 282. 
 
 § 104. Sufficiency of Indictment. — As before noticed, 
 great particularity was required at Common Law; and 
 while procedings of the Federal Courts are assimilated 
 to the Common Law forms, all Federal crimes are stat- 
 utory, and the Common Law rules in passing upon the 
 sufficiency of a perjury indictment in the Federal Court 
 would necessitate the same strictness with reference to 
 its proper alleging as did the Common Law, but Congress 
 provided a saving statute in Section 5396 of the old stat- 
 utes, which is still the law, and reads as follows: 
 
 "In every presentment or indictment prosecuted against any person 
 for perjury, it shall be sufficient to set forth the substance of the offense 
 charged upon the defendant, and by what court, and before whom the 
 oath was taken, averring such court or person to have competent 
 authority to administer the same, together with the proper averment 
 to falsify the matter wherein the perjury is assigned, without setting 
 forth the bill, answer, information, indictment, declaration, or any 
 part of any record or proceeding, either in law or equity, or any 
 affidavit, desposition, or certificate, other than as hereinbefore stated, 
 »"d without setting forth the commission or authority of th3 co n r+. 
 or person before whom the perjury was committed." 
 
 The ordinary rules of criminal pleading, and the above 
 statute being clearly in mind, all that is necessary under 
 the Federal statute is to draw the bill in such plain and 
 intelligible terms, and with such particularity as to ap- 
 prise the accused with reasonable certainty of the offense 
 for which he is sought to be punished, and state the sub- 
 stance of the controversy upon which the false oath was 
 taken, specify the Court or officer by whom it was ad- 
 ministered, aver or show that such Court or officer had 
 authority to administer an oath, allege the falsity of the 
 oath, and assign perjury thereon. Noah vs. U. S., 128
 
 Offenses Against Public Justice. 
 
 Federal, 270; U. S. vs. Cuddy, 39 Federal, 696; U. S. 
 vs. Walsh, 22 Federal, 622; Markham vs. {'. S.. L60 U. 
 S., 319, 40 Law Ed., 441, 30 Cyc., 1425. This section de- 
 mands that the oath must have been wilful and an alle- 
 gation that it was corruptly taken is not sufficient. The 
 indictment must allege that the oath was wilfully taken. 
 United States vs. Edwards, 43 Federal, 57; U. S. vs. 
 Lake, 129 Federal, 499; United States vs. Hearing, 26 
 Federal, 744. 
 
 Wilfulness and a corrupt intent being essential ele- 
 ments of the crime of perjury, evidence to prove such 
 issues goes to the very substance of the offense, and is, 
 therefore, admissible. All of the record, including the 
 judgment of the case in which the perjury is alleged to 
 have been committed is, therefore, admissible upon the 
 question of motive. If perjury were committed by one 
 in his own defense in the trial of a criminal case, the in- 
 dictment and judgment would be admissible, not for the 
 purpose of showing that the defendant had been con- 
 victed of an offense, but for the purpose of showing his 
 motive to testify untruly in the original case; but it is 
 thought that the Court should limit the consideration of 
 the judgment by proper instructions, to the considera- 
 tion of motive alone, or inducement, as some authorities 
 put it. A judgment so introduced and so restricted by 
 the Court, is material and competent. In United States 
 vs. Berkhardt, 31 Federal, 141, the trial Court set aside 
 a judgment of conviction of perjury, because he had 
 admitted the judgment in the original case for all pur- 
 poses, and without limiting it, Wharton, Criminal Evi- 
 dence, Section 602a. The same rights that exist in favor 
 of the prosecution to show the corrupt motive and wil- 
 fulness are equally pertinent for the defense, and it is 
 at all times admissible and competent for him to show the 
 lack of corrupt motive, or to rebut the existence of such 
 a motive. 
 
 § 105. Proof. — Perjury must be proven by two wit- 
 nesses, or by onse witness and corroborating circum- 
 stances, and the jury should be informed, in some pari 
 of the instructions, that before they can convict, the tact 
 that the oath was false must be shown to their satisfac-
 
 286 Federal Criminal Law Procedure. 
 
 tion in such way; and it is thought in this connection 
 that the instructions must also somewhere inform the jury 
 what is meant by "corroborated." State vs. Hunter, 181 
 Missouri, 316; 80 S. W., 915; People vs. Wells, 103 Calif., 
 631; U. S. vs. Hall, 44 Federal, 864. 
 
 § 105a. Proof, Continued. — As stated in the foregoing- 
 paragraph proof must be by two witneses or by one wit- 
 ness with corroborating circumstances. Kahn vs. U. S., 
 214 Federal, 54; Allen vs. U. S., 194 Federal, 664. 
 
 § 105b. Other Cases. — Perjury committed during the 
 trial on oneself. In Allen vs. U. S., 194 Federal, 664, the 
 Court of Appeals for the Fourth Circuit said that one 
 may be convicted of perjury for testifying falsely in his 
 own behalf wherein he was acquitted, but the government 
 should not institute a prosecution for perjury on sub- 
 stantially the same evidence presented on the first trial. 
 
 In that opinion the Court mentions authorities suit- 
 porting the position that one may be indicted for swearing 
 falsely on his own trial, and also cites authorities against 
 the correctness of that doctrine. In the latter list of 
 cases, however, it fails to notice or mention the case of 
 Coffey vs. U. S., 116 U. S., 436. 
 
 In the Coffey case the Supreme Court of the United 
 States, speaking through Judge Blatchford, said: "Where 
 an issue raised as to the existence of the Act or fact de- 
 nounced has been tried in a criminal proceeding instituted 
 by the United States, and a judgment of acquittal has 
 been rendered in favor of a particular person, that judg- 
 ment is conclusive in favor of such person on the subse- 
 quent trial of a suit in rem by the United States where, 
 as against him the existence of the same Act or fact is 
 the matter in issue, as a cause for the forfeiture of the 
 property prosecuted in such suit in rem." 
 
 See also the case of Chelson vs. Hoyt, 3 Wheat., 245, 4 
 L. Ed., 381; U. S. vs. McDee, 4 Dill., 128; Murff vs. State, 
 
 68 Tex. Crim. App. . There should be no attempt by 
 
 the Government and its prosecuting officers to disregard 
 the verdict and judgments of its own Courts by seeking 
 one jury to find that another gave a wrong verdict upon 
 what is in all material respects the same testimony.
 
 Offenses Against Public Justice. 287 
 
 Sec. 105c. Other Cases Continued. 
 
 An indictment alleging that the oath was taken before 
 a "District Judge," the proof followed that the oath was 
 taken before the court and administered by the clerk, 
 held sufficient, in, West vs. IT. S., 258 F. 413. 
 
 § 106. Subornation of Perjury.— Section 126 of the 
 new Code reads as follows: 
 
 "Whoever shall procure another to commit any perjury is guilty 
 of subornation of perjury, and punishable as in the preceding section 
 prescribed," 
 
 which are the substantial words of old Section 5::!):!. 
 An indictment is sufficient which alleges that the witness 
 knew the testimony to be false and that the defendant, 
 knowing it was perjury, procured her to commit it. Bab- 
 cock vs. United States, 34 Federal, 873; United States 
 vs. Thompson, 31 Federal, 331. In United States vs. 
 Dennee, 3 Woods, (U. S.) 39, the Court held that an in- 
 dictment must allege that the defendant knew that the 
 testimony which he instigated the witness to give was 
 false, and the defendant knew that the witness knew that 
 the testimony she was instigated to give was false. The 
 same particularity and accurateness is required in an 
 indictment under this section, and the same general law- 
 relates thereto, as under that for perjury. The following 
 cases may be interesting: 
 
 U. S. vs. Evans, 19 Federal, 912. 
 
 U. S. vs. Howard, 132 Federal, 325. 
 
 U. S. vs. Cobban, 134 Federal, 290. 
 
 IT. S. vs. Brace, 144 Federal, 869. 
 
 U. S. vs. Boren, 144 Federal, 801; 30 Cyc, at page L440, 
 gives the following elements of an indictment for subor 
 nation, with supporting authorities, which it is thought 
 is the law: 
 
 "An indictment for subornation of perjury, must state all the 
 essential elements constituting the crime of perjury, as well as of sul>- 
 oration of perjury. It must set forth the nature of the proceeding in 
 which the alleged perjury was committed; the court or officer in which, 
 or before whom, the false oath was taken; that the witness was duly 
 sworn; that the testimony was material, and false; that defendant 
 knowingly and wilfully procured another to swear falsely; that the 
 party did knowingly swear falsely; that defendant knew that the
 
 288 Fedeeal Ceiminal Law Peoceduee. 
 
 testimony of the witness would be false; and that he knew that the 
 witness knew said testimony was false." 
 
 A charge of subornation of perjury may be joined with 
 a charge of perjury in the same indictment, and the per- 
 jurer and the suborner may both be included in it. Com- 
 monwealth vs. Devine, 155 Mass., 224; 29 N. E., 515. 
 
 § 106a. Attorney Suborning. — An attorney who ad- 
 vises a witness to testify falsely before a United States 
 Commissioner in order that she might assist to obtain the 
 discharge of her husband, is guilty of subornation, even 
 though the indictment charging such uses the word 
 " trial" and the word "issue," in presenting the case, 
 and even though a trial and an issue within the technical 
 meaning of those words cannot be held before a United 
 States Commissioner. Cohen vs. U. S., 214 Federal, 23. 
 
 Subornation may be successfully laid against one who 
 induces two entrywomen to make false affidavits to the 
 settlement, residence and cultivation of the lands as re- 
 quired by Section 2291 of the Eevised Statutes. Hallock 
 vs. U. S., 185 Federal, 424. 
 
 § 106b. Elements of Subornation. — 1. A witness 
 must have testified falsely knowing or believing the tes- 
 timony to be false. (2) The accused must have known 
 or believed that the testimony would be false. (3) The 
 accused must have known or believed the witness would 
 give the false testimony with like knowledge or belief. 
 (4) The accused must have induced or procured the wit- 
 ness to do so. Hallock vs. U. S., 185 Federal, 417; 2nd 
 Vol. Bishop's New Criminal Law, Section 1197. Inciting 
 to false swearings which are not perjuries is not suborna- 
 tion of perjury. Bishop New Criminal Law, Vol. 2, page 
 689. 
 
 § 107. Stealing or Altering Process ; Procuring False 
 Bail, Etc. — Old Section 5394 is practically re-enacted in 
 Section 127 of the new Code, except that under the old 
 statute the Court was not authorized to impose both pen- 
 alties of fine and imprisonment. The new section reads 
 as follows: 
 
 "Whoever shall feloniously steal, take away, alter, falsify, or other- 
 wise avoid any record, writ, process, or other proceeding, in any court
 
 Offenses Against Public Justice. 
 
 of the United States, by means whereof any judgment is reversed, 
 made void, or does not take effect; or whoever shall acknowledge, 
 or procure to be acknowledged, in any such court, any recognizance, 
 bail, or judgment, in the name of any other person not privy or con- 
 senting to the same, shall be fined not more than five thousand dollars, 
 or imprisoned not more than seven years, or both; but this provision 
 shall not extend to the acknowledgment of any judgment by an attor- 
 ney, duly submitted, for any person against whom such judgment is 
 had or given." 
 
 Most of the annotators cite United States vs. Crecilius, 
 34 Federal, page 30; Barber vs. United States, 35 Fed- 
 eral, 886, and 5 Attorney General's Opinion, 523. 
 
 The two first eases contain practically no assist nine by 
 decision or argument, for the construction of the statute. 
 In one of them the word "alter" is treated at some in- 
 considerate length. Andersen's Dictionary of Law de- 
 fines the word alter to mean "to make a thing different 
 from what it was." The definition in the Century Dic- 
 tionary is practically the same, and is in the following 
 words: "to become different in some respect; to vary; 
 to change." 
 
 The statute, of course, does not make an innocent, 
 thoughtless, or mistaken alteration or falsification an 
 offense. The charge must include an unlawful and fe- 
 lonious alteration or falsification. 
 
 The statute also includes the acknowledgment of any 
 recognizance or bail or judgment by one in the name of 
 another without authority. 
 
 § 108. Obstructing Process, or Assaulting an Officer, 
 Etc. — In the new Code Section 140 takes the place of 
 Section 5398 in the 1878 statutes. The new section, which 
 reads as follows: 
 
 "Whoever shall knowlingly and wilfully obstruct, resist, or oppose 
 any officer of the United States, or other person duly authorized, in 
 serving, or attempting to serve or execute, any mesne process or 
 warrants, or any rule or order, or any other legal or judicial writ or 
 process of any court of the United States, or United States Commis- 
 sioner, or shall assault, beat or wound any officer or other person duly 
 authorized, knowing him to be such officer, or other person so duly 
 authorized, in serving or executing any such writ, rule, order, pro. 
 warrant, or other legal or judicial writ or process, shall be fined not 
 19
 
 290 Federal Criminal Law Procedure. 
 
 more than three hundred dollars, and imprisoned not more than one 
 year.'' 
 
 contains some interpolated phrases that seem to strength- 
 en and broaden the old statute. In other words, under 
 the new statute, the words, "or other person duly author- 
 ized" would protect any person who happened to be a 
 messenger conveying any Court process, though such 
 person would not be an officer of the United States, with 
 in the meaning of the decisions, which requires a person 
 to have been nominated and commissioned by the Execu- 
 tive Department. So also, the words, "or any other legal 
 or judicial writ or process" are placed in the new stat- 
 ute; and to meet that line of decisions which has held in 
 contempt proceeding that a United States Commissioner 
 does not hold any United States Court, and is, therefore, 
 not a Court, or judge, the statute specially includes the 
 words, "or United States Commissioner." 
 
 The new statute also includes the words "knowing him 
 to be such officer or other person so duly authorized," 
 which is but an enactment of what the best authorities 
 had already determined was necessary before one could 
 be convicted for an alleged violation of the Section. Nec- 
 essarily, one who, by mistake or without knowledge, ob- 
 structed process or an officer should not be prosecuted. 
 
 In United States vs. Terry, 41 Federal, 771, Judge 
 Ross held that the Section related to an oral order of a 
 Court, to remove from a Court room a prisoner who was 
 disturbing the proceedings of a Court. In that case, it 
 was conceded in argument, and is recognized by the 
 Court in his opinion, that at the time the defendant re- 
 sisted the marshal who attempted to eject her from the 
 court room under the order of the Judge, that such order 
 was oral, and had not been entered of record. The dis- 
 tinction is drawn in the following words: 
 
 "Undoubtedly, in judicial proceedings, an 'order' as distinguished 
 form a 'judgment' is often defined as one reduced to writing and en- 
 tered in the records of the Court, and such is the purport of many of 
 the cases referred to by counsel for the defendant, but this is by no 
 means saying that such only is an order. There must, in the nature 
 of things, be an order of a Court made before it is, or can be, writ-
 
 Offenses Against Public Justice. 29] 
 
 ten out in the records of the Court by the Clerk. When writ! 
 out, the writing becomes a record of the order, and is evidence of it. 
 Orders are almost daily given to the Marshal concerning matters to 
 be performed in the presence 01 the Court, and they are as constantly 
 executed before being written out. Indeed, many of them are never 
 reduced to writing at all. Yet there can be no doubt of their validity. 
 The language of the statute in question is broad enough to include all 
 valid oral orders. The natural ordinary meaning of the word includes 
 written, as well as unwritten orders, and there is no reason in the pol- 
 icy of the law or in the nature of things, for excluding unwritten orders. 
 Indeed, the contrary is true. There is just as much reason and neces- 
 sity for making it an offense to resist the execution of a lawful un- 
 written order, brought distinctly and authoritatively to the notice 
 of the offending party, as for making it an offense to resist the exe- 
 cution of one in writing." United States vs. Terry, 41 Federal, 773. 
 
 The essential elements of a charge under this section 
 are three: first, the issuance of a legal process, warrant, 
 writ, rule, or order, by a Court of the United States or a 
 United States Commissioner; second, that such legal 
 process, warrant, writ, rule, or order, after the same was 
 issued, was in the hands of some officer of the United 
 States, or other person duly authorized, for service; and, 
 third, that such legal process, warrant, writ, rule, or 
 order was knowingly and wilfully obstructed or inter- 
 fered with. United States vs. Tinklepaugh, 3 Blatchf., 
 425. If the Tinklepaugh case seems in a measure to con- 
 flict with the Terry case, reason and public justice would 
 seem to demand that the Terry case be the ranking au- 
 thority. 
 
 It must be borne in mind that it is not at all necessary 
 that actual force be used in obstructing. Passive force, 
 such as the congregation of a large number of individ- 
 uals, knowingly and determinedly, in the way of the 
 officer who is attempting to serve the writ or process, 
 would be within the decisions, and within reason, an ob- 
 struction which would come within the statute. Such 
 was the construction used by the Court in charging a 
 grand jury in 2 Curtis, 637; 30 Federal Cases, No. L8250. 
 Obstruction must, therefore, under the authorities, in- 
 clude not only resistance but all impediments or opposi- 
 tion or obstacles, as outlined in the case of the United 
 States vs. McDonald. 8 Biss., 439; 26 Federal Cases, No.
 
 292 Federal Criminal Law Procedure. 
 
 15667. The lexicographers, in treating the word "ob- 
 struct," determine it to mean "to impede or retard ac- 
 tion; to hinder; to render passage difficult or impossible; 
 to pile up against." The ordinary meaning of the word, 
 therefore, has been accepted in its lawful interpretation, 
 when used in the statute under discussion. The officer 
 is not obliged to risk his life, or expose himself to person- 
 al violence. Threats by a person in possession is a viola- 
 tion, as has been determined in United States vs. Lowrv, 
 2 Wash., 169; 26 Federal Cases No. 15636; U. S. vs. 
 Smith, 1 Dill, 212; 27 Federal Cases No. 16333. If one in 
 possession of property opposes and obstructs the execu- 
 tion of a writ of possession by refusing to yield posses- 
 sion, and by threats of violence, he has committed an of- 
 fense against this statute. United States vs. Lowry, 2 
 Wash., 169; 26 Federal Cases, No. 15636. 
 
 Under this statute, a state jailer who holds Federal 
 prisoners by commitments from United States Courts 
 under the statute of a State, is protected, and a forcible 
 release of a prisoner in his hands would be an offense 
 against this statute, as well as the statute for rescuing a 
 prisoner, which is new Section 143 and old Section 5401. 
 See in this connection, Matthews vs. United States 32 
 Court of Claims, 123. By following the cases of Blake vs. 
 United States, 71 Federal, 286; United States vs. Mullin, 
 71 Federal, 682; and United States vs. Cover, 46 Fed- 
 eral, 284, in construing an indictment under this section, 
 there can be no difficulty at arriving at its lawful essen- 
 tials and ingredients. The allegation of knowledge can 
 be included generally, it is thought, in the words know- 
 ingly and wilfully in the first part of the bill, for they 
 will, therefore, be construed to apply to each of the nec- 
 essary averments of substance, though it may be con- 
 sidered the best pleading, and surely pleading that leaves 
 no room for doubt, if the allegation of knowledge is re- 
 peated in the body of the bill, with reference to the proc- 
 ess and the person handling the same. In other words, 
 in addition to the general words knowingly and wilfully 
 at the first part of the indictment, let the pleading show 
 that the person charged knew that the person attemping 
 to serve the writ or order was an authorized person, and
 
 Offenses Against Pubuc Justice. 293 
 
 really had a writ or order from a competent tribunal or 
 Court, as the ease may be. In the case of United States 
 vs. McDonald, 8 Biss., page 439, the Court held that the 
 custodian of property for the Marshal was an officer 
 within the meaning of the old Section. In United States 
 vs. Martin, 17 Federal, 150, the Court held under a prose 
 cution for a violation of the old section that a Deputy 
 Marshal was an officer of the United States, within the 
 meaning of the section, as is also the keeper of a State- 
 jail, and process issued by a Commissioner of the Circuit 
 Court, under Section 1014 of the Revised Statutes, in 
 causing the arrest or imprisonment of a person, was en- 
 titled to the protection of the provisions of the section. 
 
 The discussion of the Judge in the 13 Federal, United 
 States vs. Huff, at page 639, of the words "disobedience" 
 and "resistance" under a prosecution for violations of 
 Sections 5359 and 5360, will be found to be in line with 
 the views heretofore expressed with reference to there 
 being no distinction between the definitions of the words 
 as found in the dictionaries and as found in the decisions 
 of the Courts. 
 
 Of course, there is no offense when one resists unau- 
 thorized arrest. A reasoning under a case of this sort 
 will be found in the case of the United States vs. Mundell, 
 1 Hughes, 415; 27 Federal Cases, No. 15834. 
 
 Blackstone, in his division of crime, made five heads: 
 first, offenses against God and religion; second, offenses 
 against the law of nations; third, offenses against the 
 king and Government; fourth, offenses against the com- 
 monwealth, as against public justice, public peace, public 
 trade, public health, public economy; fifth, offenses 
 against individuals — that is, against their persons, their 
 habitations, and their property. 
 
 Of course, such division is arbitrary, but serves to 
 furnish a plan for the student and the legislator. The 
 offense we are considering comes under the fourth head, 
 and at Common Law included many things, such as re- 
 sisting arrest or process, obstructing officers, rescue, es- 
 capes, preventing attendance, briberies, perjuries, and 
 contempts, etc. Mr. Bishop says that "no government is
 
 294 Federal Criminal Law Procedure. 
 
 perfect, and some are simply terrible, but the worst is 
 immeasurably better than none." To interfere, there- 
 fore, with the performance of an official function, is a 
 most serious concern, since the public good requires a 
 due performance of all official functions, and any person 
 who interferes therewith is an enemy to the Government. 
 
 § 108a. Advice to Avoid Service of Process May Be 
 Obstruction. — One who advises and induces another to 
 leave the country to avoid service of a grand jury sub- 
 poena is guilty of impeding the administration of justice. 
 Heinz vs. U. S., 181 Federal, 323. 
 
 Sec. 108b. Obstructing Processes Continued. 
 
 A peron need not be present to be guilty, but he must 
 have knowledge, etc., Coleman vs. U. S., 268 F. 468. 
 
 § 109. Destroying or Stealing, Etc., Public Records. 
 
 Section 128 of the new Code, which changes materially, 
 in both wording and punishment, old Section 5403, reads 
 as follows: 
 
 "Whoever shall wilfully and unlawfully conceal, remove, mutilate, 
 obliterate, or destroy, or attempt to conceal, remove, mutilate, obliter- 
 ate, or destroy, or, with intent to conceal, remove, mutiltate, obliterate, 
 destroy, or steal, shall take and carry away any record, proceeding, 
 map, book, paper, document, or other thing filed or deposited with any 
 clerk or officer of any court of the United States, or in any public 
 office, or with any judicial or public officer of the United States, shall 
 be fined not more than two thousand dollars, or imprisoned not more 
 than three years, or both." 
 
 The very wording of the statute itself incorporates the 
 idea that there must be the specific intent to destroy or 
 steal, or do the things denounced by the statute. Where- 
 ever the word "wilful" is used, or wherever the context 
 of the statute clearly indicates that it should be read 
 into the body of the Act, such specific intent is absolutely 
 necessary, before the offense can be committed. In Unit- 
 ed States vs. De Groat, 30 Federal, 764, the facts showed 
 that the Government, for want of space, had stored a vast 
 quantity of old Internal Revenue records in an out-house, 
 from which they were stolen by the defendants, and sold 
 as waste paper to junk dealers. The Court, in instructing 
 a verdict of not guilty, told the jury in substance that
 
 Offenses Against Public Justice. 29a 
 
 the Act was for the specific purpose of the protection of 
 records, and did not carry punishment for mere thefl 
 of Government property, and the case not showing any 
 intent on the part of the defendants to destroy records, 
 but only to steal something that belonged to another, 
 would not support an indictment under old Section 5403. 
 It must be borne in mind, however, that the old Com- 
 mon Law definition of record and document is not to be 
 used in circumscribing and limiting the purpose of the 
 statute under discussion. It was manifestly intended to 
 protect all sorts of Court and public office records, includ- 
 ing all papers that are filed, whether such papers be ac- 
 curately or inaccurately drawn. To this purpose and 
 construction is the case of Mclnerney vs. United States, 
 143 Federal, 729, by the Circuit Court of Appeals for 
 the First Circuit. In that case, the Court held in sub- 
 stance that the rule that a criminal or penal statute must 
 be strictly construed does not mean that its language 
 must be given the narrowest interpretation, but contem- 
 plates a reasonable construction, in aid of the purposes 
 of the Act, and Courts should adopt that sense of the 
 words which harmonize best with the context, and pro- 
 motes in the fullest manner the apparent policy and 
 objects of the legislature; and, therefore, the statute 
 under consideration, which makes it a criminal offense 
 to steal or destroy any record, paper, or proceeding of a 
 Court of justice, or any paper or document or record filed 
 or deposited in any public office or with any judicial or 
 public officer, will not be construed so as to limit the 
 meaning of the word "record" and "document" to the 
 technical Common Law record of Courts as unrolled, or 
 to technical documents, but will be used in the ordinary 
 and common sense, and include all and every part, not- 
 only of such technical records or documents, but of any 
 paper filed, which becomes a part of the records of the 
 Court or office, and that a prosecution for stealing or de- 
 stroying a record of a Court cannot be defeated by si low- 
 ing that the record was technically imperfect or Lncor 
 rectly kept. The following cases may be interesting upon 
 one or the other phases of the statute: People vs. Bussey, 
 82 Mich., 49; State vs. Bloor, 20 Mont., 574; People vs.
 
 296 Federal Criminal Law Procedure. 
 
 Peck, 138 N. Y., 386; ex parte Tongue, 29 Oregon, 48; 
 Georgia vs. Jennings, 50 S. C, 156. 
 
 § 110. Destroying Records by Officer in Charge. — 
 Old Section 5408 is practically re-enacted in Section 129, 
 which reads as follows: 
 
 "Whoever, having the custody of any record, proceeding, map, 
 book, document, paper, or other thing specified in the preceding section, 
 shall wilfully and unlawfully conceal, remove, mutilate, obliterate, 
 falsify, or destroy any such record, proceeding, map, book, document, 
 paper, or thing, shall be fined not more than two thousand dollars, 
 or imprisoned not more than three years, or both; and shall more- 
 over forfeit his office and be forever afterward disqualified from 
 holding any office under the Government of the United States." 
 
 The substance of this section, as well as the substance 
 of Section 128, were in the original Act of February 26, 
 1853, 10 St. at Large, 170, and are companion statutes. 
 It is necessary, in prosecutions under Section 129, that 
 the party have lawful custody of the record or other 
 document or paper, as the case may be, before the penalty 
 under this statute can be inflicted. In Martin vs. United 
 States, 168 Federal, 198, the Circuit Court of Appeals of 
 the Eighth Circuit held that a Clerk in the office of one 
 who had charge of certain Government records could not 
 be prosecuted under this section, because he was not 
 lawfully "in custody." The meat of that decision is 
 that "custody" means keeping and implies responsibility 
 for the protection and preservation of the person or thing 
 in custody; and a document in a public office in the gen- 
 eral custody of a Commissioner, and in the particular 
 custody of his Chief Clerk, under whom five or six subor- 
 dinate clerks are employed, who have access to it, in 
 order to discharge their duties, is not in the custody 
 of one of the latter. There is this difference, however, 
 in the old and new sections: the old section contained 
 the word "fraudulently," while the new section contains 
 the word "wilfully.' 1 Under the old section, an intent 
 to injure or alter the rights or interests of another, or 
 an effect to so injure or alter some of them was essential 
 to a fraud, and in the absence of such intent, attempt, 
 and effect, an act could not be done fraudulently under
 
 Offenses Against Public Justice. 297 
 
 that section. Martin vs. United States, 168 Federal, L98. 
 Under the instant section, however, fraudulent intenl is 
 not an ingredient. This section, like the preceding, de- 
 nounces the acts therein specified when they arc wilfully 
 done; that is, when they are committed with the specific 
 intent, as defined in Mclnerney vs. United States, L43 
 Federal, 729, cited and discussed supra. 
 
 Under the authority of Martin vs. United States, an 
 indictment drawn in the language of the statute would he 
 insufficient. 
 
 § 111. Forging Signature of Judge, Etc.— Section 130 
 of the new Code re-enacts Section 5419 of the old Stat- 
 utes, and reads as follows: 
 
 "Whoever shall forge the signature of any judge, register, or other 
 officer of any court of the United States, or of any Territory thereof, 
 or shall forge or counterfeit the seal of any such court, or shall 
 knowingly concur in using any such forged or counterfeit signa- 
 ture or seal, for the purpose of authenticating any proceeding or 
 document with a false or counterfeit signature of any judge, register, 
 or other officer, or a false or counterfeit seal of the court subscribed 
 or attached thereto, knowing such seal to be false or counterfeit, 
 shall be fined not more than five thousand dollars, and imprisoned not 
 more than five years." 
 
 An indictment under the latter portion of this section, 
 which relates to the use of any false signature or counter- 
 feit seal, would be fatally defective, unless it alleged 
 that the act was knowingly done. 
 
 Certificate of Bankruptcy, register subject of. See ex 
 parte Parks, 93 U. S., 18. ' 
 
 § 112. Intimidation or Corruption of Witness or 
 Grand or Petit Juror or Officer. — Section 135 of the new 
 Code contains all of the. elements of the old Statutes 5399 
 and 5404, changing the punishment of both, and incor- 
 porating new words and a somewhat broader meaning, 
 and reads as follows: 
 
 "Whoever corruptly, or by threats or force, or by any threatening 
 letter or communication, shall endeavor to influence, intimidate, or 
 impede any witness, in any court of the United States, or before any 
 United States Commissioner, or officer acting as such commissioner, 
 or any grand or petit juror, or officer in or of any court of the United 
 States, or officer who may be serving at any examination of other pro-
 
 298 Federal Criminal Law Procedure. 
 
 ceeding before any United States Commissioner or officer acting as 
 such by threats or force, or by any threatening letter or threatening 
 communication, shall influence, obstruct, or impede, or endeavor to 
 influence, obstruct, or impede the due administration of justice therein, 
 shall be fined not more than one thousand dollars, or imprisoned not 
 more than one year, or both.'' 
 
 The offenses covered by this section are not new. They 
 are Common Law crimes. The word "corrupt," as used 
 in each portion of the statute, is defined by Bishop to 
 mean an evil purpose, and is not restricted to the form 
 of evil. No particular definition of the sort of corruption 
 or threats or intimidation or force can be given. The 
 length and breadth of the same must depend upon the 
 facts of the particular case, as coming, within the judg- 
 ment of a jury and Court, within the purview of the stat- 
 ute, and which would, if left unpunished, result in a 
 perversion of trammeling of our courts, witnesses, of- 
 ficers, or litigants. When such would appear to be the 
 natural result of something done or undone, then the 
 statute would seem to apply. In the case of Wilder et 
 al vs. United States, 143 Federal, 433, a form of indict- 
 ment is given that was approved by the Circuit Court of 
 Appeals for the Fourth Circuit, and a state of facts which 
 showed that the defendant corruptly endeavored to in- 
 duce other persons to have knowledge of facts in a civil 
 case which would be material to a party to conceal or 
 deny their knowledge, so as to prevent such party from 
 obtaining knowledge or procuring evidence of such facts, 
 was a violation of the old Section 5399, which is, in a 
 large measure, the first part of the new Section. In 
 that case, certain parties to a civil action arranged and 
 agreed to testify with reference- to certain corner trees 
 that were supposed to be the starting point and one of 
 the boundary lines of the tract of land in controversy. 
 
 The words "due administration of justice" import a 
 free and fair opportunity to every litigant in a pending 
 case in a Federal Court to learn what he may learn, if 
 not impeded or obstructed, concerning material facts, 
 and to exercise his option as to introducing testimony of 
 such facts, and a violation of this law may consist in
 
 Offenses Against Public Justice. 299 
 
 preventing a litigant from learning facts which he mighl 
 otherwise learn, and in thus preventing him from de 
 ciding for himself whether or not to make use of such 
 facts. 
 
 Pettibone vs. United States.— The ranking authority 
 under these statutes is probably the case of Pettibone vs. 
 United States, 148 U. S., 197, 37 Law Ed., 41'.). The case 
 gives excerpts from the indictment. The following prop- 
 ositions are announced in the case, which musl be rec< 
 nized and adhered to in drafting indictment: 
 
 1. There must be a specific allegation of an intenl to 
 obstruct the administration of justice in the Federal 
 Court. 
 
 2. There must be an allegation that the defendant 
 knew of the proceedings that he was interfering with. 
 The indictment must, therefore, contain the words know- 
 ingly and wilfully. The general doctrine of the penal 
 law that ignorance of the law constitutes no defense to 
 an indictment for their violation, is a rule that has no 
 application here. Knowledge of the court proceedings 
 and of the relation thereto of the party intimidated or 
 otherwise improperly approached is necessary. Among 
 the cases cited by the Court in the Pettibone case is 
 United States vs. Bittinger, (Mo.), 15 Am. Law Reg. N. 
 S., 49, 24 Federal Cases No. 14,598, in which it was held 
 that a person is a witness, under Section 5399, who is 
 designated as such, either by the issue of a subpoena or 
 by the endorsement of his name on the complaint, but 
 that before anyone could be said to have endeavored to 
 corruptly influence a witness under that Section, he musl 
 have known that the witness had been properly desi 
 nated as such. Under this authority, the designation of 
 a witness by the District Attorney, as the including of 
 the name of the witness in the complaint, or in the grand 
 jury docket, or by issuing a subpoena therefor, would be, 
 it seems, sufficient. In United States vs. Kee, 39 Federal, 
 603, the Court instructed the jury that the defendanl 
 would be guilty of violating 5399, when he beats one sum- 
 moned as a witness before a United States Commissioner, 
 for the purpose of intimidating or influencing him in giv- 
 ing his testimony, but if the defendant did not know that 

 
 300 Federal Criminal Law Procedure. 
 
 the one was a witness before the United States Commis- 
 sioner, and beats him, on account of insulting language, 
 the beating having no relation to the character of the 
 party as a witness, he would not be guilty of a violation 
 of the section. In United States vs. Keen, 5 Mason, 453, 
 it was held that it was no defense to an indictment for 
 forcibly obstructing or impeding an officer of the customs 
 in the discharge of his duty that the object of the party 
 was personal chastisement, and not to obstruct or impede 
 the officer in the discharge of his duty, if he knew the 
 officer to be so engaged. It is the official character that 
 creates the offense, and the scienter is necessary. 
 
 In Savin's Petitioner, 131 U. S., 267; ex parte McLeod, 
 120 Federal, 10; in re Brule, 71 Federal, 943, the position 
 is taken that the mode of punishment prescribed by these 
 old sections was not exclusive, if the offense was com- 
 mitted under such circumstances as to bring it within 
 Section 725, which authorizes the Court to punish for 
 contempts. In Sharon vs. Hill, 24 Federal, 726, it was 
 held that the carrying of weapons into a court room, 
 while Court was in session, and threatening the life of 
 the lawyer and counsel engaged in conducting the litiga- 
 tion was an offense under this statute, as was also the 
 assaulting of a commissioner in United States vs. Mc- 
 Leod, 119 Federal, 416. 
 
 Under the authority of United States vs. Thomas, 47 
 Federal, 807, and United States vs. McLeod, 119 Fed- 
 eral, 416, which is supported by the intent and purpose 
 of the statute, there must be a pending cause. In the 
 Thomas case, Thomas was a witness on behalf the United 
 States before a United States Commissioner. The cause 
 was dismissed. Two months afterwards Thomas was 
 assaulted and beaten by a gang of men at his house in 
 the night time. The men were indicted under Section 
 5399. The position was taken by the defendant, and 
 sustained by the Court, that as Thomas was not, at the 
 time of the beating, a witness in any Court of the United 
 States, or in any cause pending therein, the defendant 
 could not be prosecuted under that section. In this con- 
 nection, also may be cited ex parte Robinson, 19 Wallace, 
 505; in re Nagle, 135 U. S., 63; U. S. vs. Memphis Rail-
 
 Offenses Against Public Justice. 01 
 
 road Company, 6 Federal, 237; U. S. vs. Kilpatrick, L6 
 Federal, 765; U. S. vs. Polite, 35 Federal, 58; in re Nagle, 
 39 Federal, 833; U. S. vs. Armstrong, 59 Federal, 51 
 In in re Brule, 71 Federal, 943, District Judge Eawley 
 held upon a contempt proceeding, that the bribing of a 
 person who is known to be a material witness in a pend- 
 ing cause to hide himself and remain away from the 
 Court, thereby preventing his testifying in such case, is 
 punishable by indictment under Section 5399. 
 
 § 112a. Illustrations of Intimidation. — The protection 
 of the statute reaches grand jury proceedings. Davy vs. 
 U. S., 208 Federal, 238; Heinze vs. U. S., 181 Federal, 
 322. An effort by threats and force to influence and in- 
 timidate witnesses before a United States Commissioner 
 is within the statute. Charles vs. U. S., 213 Federal. 717. 
 
 Sec. 112b. Intimidation, etc., of Witnesses and Others 
 Continued. 
 
 See U. S. vs. Russell, 41 Sup. Ct. Rep. 300; IT. S. Sup. 
 Ct. Rep. Apr. 1921. 
 
 The alteration of records is "corruptly impeding jus- 
 tice," Bosselman vs. U. S., 239 F. 82. 
 
 See also Sec. 114. 
 
 § 113. Conspiring to Intimidate Party, Witness, or 
 Jury. — Section 136 of the new Code, which supersedes 
 old Section 5406, reads as follows: 
 
 "If two or more persons conspire to deter by force, intimidation, 
 or threat, any party or witness in any court of the United States, or 
 in any examination before a United States Commissioner or officer 
 acting as such commissioner, from attending such court or examina- 
 tion, or from testifying to any matter pending therein, freely, fully, and 
 truthfully, or to injure such party or witness in his person or prop- 
 erty on account of his having so attended or testified or to influence 
 the verdict, presentment, or indictment of any grand or petit juror 
 in any such court, or to injure such juror in his person or property, 
 on account of any verdict, presentment or indictment lawfully assent- 
 ed to by him, or on account of his being or having been such juror, 
 each of such persons shall be fined not more than five thousand 
 dollars, or imprisoned not more than six years, or both." 
 
 The old section contained a minimum punishment of six 
 months.
 
 302 Federal Criminal Law Procedure. 
 
 The most interesting change in the new section is the 
 addition of the words, "or in any examination before a 
 United States Commissioner, or officer acting as such 
 commissioner." The Supreme Court of the United 
 States, in the ease of Todd vs. United States, 158 United 
 States, page 278, Book 39 Law Ed., 982, held that a pre- 
 liminary examination before a Commissioner is not a 
 proceeding "in any court of the United States" within 
 the meaning of the old Section 5406. In that case the 
 Court observed that it doubtless was within the power of 
 Congress to legislate so as to fully protect every witness 
 called upon by the laws of the United States to give tes- 
 timony in any case and under any circumstance, but that 
 the wording of 5406 limited such protection to those who 
 head dealing with a "court" of the United States. Un- 
 der the new section, as above quoted, Congress has seen 
 fit to legislate as suggested by the Supreme Court, and 
 the present statute, therefore, punishes all conspiracies 
 to deter by either force, intimidation, or threat, any party 
 or any witness in any court of the United States, or in 
 any examination before a United States Commissioner, 
 or officer acting as such commissioner. 
 
 This legislation was made necessary because of the de- 
 cision in the Todd case, and because of that line of deci- 
 sions therein cited, which clearly distinguished United 
 States Commissioners and Circuit Court Commissioners 
 from Judges and United States Courts. 
 
 The form of indictment given in the Todd case is 
 thought to contain all of the elements that are necessary 
 in charging an offense under the new statute, with the 
 possible exception that the bill could be made stronger, 
 and undoubtedly good, if it contained an allegation of 
 knowledge. 
 
 Sec. 113a. Conspiracy to Intimidate Party, etc., Con- 
 tinued. 
 
 A conspiracy to prevent a witness from testifying in 
 a land contest is an offense under this section, Foss vs. 
 U. S., 266 F. 881. 
 
 § 114. Attempt to Influence Jury. — New Section 137, 
 in the following words:
 
 Offenses Against Public Justice. 303 
 
 "Whoever shall attempt to influence the action or decision of any 
 grand or petit juror of any court of the United States upon any issue 
 or matter pending before such juror, or before the jury of which he 
 is a member, or pertaining to his duties, by writing or sending to him 
 any letter or any communication in print or writing, in relation to 
 such issue or matter, shall be fined not more than one thousand dollar--. 
 or imprisoned not more than six months, or both." 
 
 replaces old Section 5405. 
 
 There have been few, if any, adjudications under this 
 section, as disclosed by the annotators and court reports. 
 It is almost universal in its broadness, and would seem to 
 cover practically any communication. In United States 
 vs. Kilpatrick, 16 Federal, 765, is a distinguished Court 
 opinion covering communications by officers and others 
 to grand jurors, and, in general, the conduct of such body. 
 
 This statute, in connection with Sections 135 and 132, 
 are intended directly, and primarily for the preservation 
 of the purity of the juror in the performance of his of- 
 ficial duty. 
 
 Sec. 114a. Attempt to Influence Jury. 
 
 An attorney drinking, etc., with a jury is in contempt 
 of the court in re Kelly, 243 F. 696; see also Sec. 112. 
 
 § 115. Allowing Prisoner to Escape.— Section 138 of 
 the new Code is in the exact words of Section 5409 of the 
 old statutes, and reads as follows: 
 
 "Whenever any marshal, deputy marshal, ministerial officer, or other 
 person has in his custody any prisoner by virtue of process issued 
 under the laws of the United States by any court, judge, or commission- 
 er, and such marshal, deputy marshal, ministerial officer, or other per- 
 son voluntarily suffers such prisoner to escape, he shall be fined not 
 more than two thousand dollars, or imprisoned not more than two 
 years, or both." 
 
 This statute, of course, applies to a State Deputy Sher- 
 iff, or Jailer, who has control, under legal authority and 
 process, of a Federal prisoner. By section 139, the above 
 statute applies not only to domestic prisoners, bul any 
 prisoner in custody, charged with an offense against a 
 foreign government with which the United States has a 
 treaty of extradition, and also to prisoners held in cus-
 
 .304 Federal Ceiminal Law Peocedure. 
 
 tody for removal to the Philippine Islands. It is prac- 
 tically the same as old Statute 5410. 
 
 § 115a. Applies to State Jailor.— Since the United 
 States has a right to put prisoners in state jails, a state 
 jailer who allows a prisoner to go, is liable in contempt, 
 as well as to the penalties of the section under discussion. 
 Ex parte Shores, 195 Federal, 627. A conspiracy to al- 
 low a prisoner to escape is reached by the statute. Ex 
 parte Lyman, 202 Federal, 303. 
 
 Sec. 115b. Allowing a Prisoner to Escape. 
 
 Is a contempt though purpose seems good, O'Rourke 
 251 F. 768; there is a difference between assisting to es- 
 cape arid what is not an assistance and also harboring, 
 Orth vs. U. S., 252 F. 566. 
 
 § 116. Rescuing, Etc., Prisoner; Concealing, Etc., 
 Prisoner for Whom Warrant Has Issued. — Section 141 
 of the new Code, in the following words: 
 
 "Whoever shall rescue or attempt to rescue from the custody of 
 any officer or person lawfully assisting him, any person arrested upon 
 a warrant or other process issued under the provisions of any law of 
 the United States, or shall, directly or indirectly, aid, abet, or assist 
 any person so arrested to escape from the custody of such officer or 
 other person, or shall harbor or conceal any person for whose arrest 
 a warrant or process has been so issued, so as to prevent his discovery 
 and arrest, after notice or knowledge of the fact that a warrant or 
 process has been issued for the apprehension of such person, shall 
 be fined not more than one thousand dollars, or imprisoned not more 
 than six months, or both," 
 
 is a substitute for old Sections 5401 and 5516. The new 
 statute, it will be noted, creates several offenses: that of 
 rescuing or attempting to rescue; that of directly or in- 
 directly aiding, abetting, or assisting any person to es- 
 cape; that of harboring or concealing any person for 
 whose arrest a warrant has been issued. A successful 
 prosecution could not be had under either of the provi- 
 sions of this statute, unless the person attempted to be 
 rescued was in the possession of an officer lawfully, and 
 it is thought that the indictment must contain an allega- 
 tion of knowledge. The latter section of the statute, 
 which relates to concealing, requires that before one can
 
 Offenses Against Public Justice. 30.") 
 
 offend he must have knowledge that process has been 
 issued for the prisoner. 
 
 § 117. Rescue at Execution; Rescue of Prisoner, and 
 Rescue of Body of Executed Offender.— The above three 
 offenses are covered by Sections 142, 14:;, and 144 of the 
 new Code, and were originally old Sections 5400, 5401, 
 and 5402 of the 1878 Statutes. These new statutes, in 
 their order, read as follows: 
 
 "Sec. 142. Whoever, by force, shall set at liberty or rescue any per- 
 son found guilty in any court of the United States of any capital 
 crime, while going to execution or during execution, shall be fined 
 not more than twenty-five thousand dollars and imprisoned not more 
 than one year." 
 
 "Sec. 143. Whoever, by force, shall set at liberty or rescue any 
 person who, before conviction, stands committed for any capital crime; 
 or whoever, by force, shall set at liberty or rescue any person com- 
 mitted for or convicted of any offense other than capital, shall be 
 fined not more than five hundred dollars and imprisoned not more 
 than one year." 
 
 "Sec. 144. Whoever, by force, shall rescue or attempt to rescue 
 from the custody of any marshal or his officers, the dead body of an 
 executed offended, while it is being conveyed to a place of dissection 
 as provided by section three hundred and thirty-one hereof, or by 
 force shall rescue or attempt to rescue such body from the place where 
 it has been deposited for dissection in pursuance of that section, shall 
 be fined not more than one hundred dollars, or imprisoned not more 
 than one year, or both." 
 
 § 118. Extortion by Internal Revenue Informers. — 
 Section 145 of the new Code is a substantial re-enactment 
 of old Section 5484, and reads as follows: 
 
 "Secc. 145. Whoever shall, under a threat of informing, or as a 
 consideration for not informing, against any violation of any law 
 of the United States, demand or receive any money or other valuable 
 thing, shall be fined not more than two thousand dollars, or imprison- 
 ed not more than one year, or both." 
 
 § 119. Misprision of Felony. — Section 146 of the new 
 Code re-enacts old Section 5390, in the following words: 
 
 "Sec. 146. Whoever, having knowledge of the actual commi ssion 
 of the crime of murder or other felony cognizable by the courts of tfie 
 United States, conceals and does not as soon as may lie disclosed and 
 make known the same to some one of the judges or other persons 
 Tn^clviror'military authority under the United States, shall be fined 
 
 20
 
 306 Federal Criminal Law Procedure. 
 
 not more than five hundred dollars, or imprisoned not more than three 
 years, or both." 
 
 This section is a companion to Section 145, above quot- 
 ed, and the two together are thought to guarantee pub- 
 licity for violators, and immunity of such violators from 
 those who would prey upon them. Prosecutions under 
 either of these are not disclosed by prision to be criminal 
 neglect, either to prevent the commission of crime, or to 
 bring to justice the offender after its commission. Bishop 
 in his new Criminal Law, defines Misprision of misde- 
 meanor as unknown to the language of the law, but mis- 
 prision of treason was held to be a Common Law treason. 
 We will later see that by Federal statute, misprision of 
 treason is denounced in old Section 5333 and new Section 
 3. 
 
 § 120. Bribery.— In four sections, the new code covers 
 the offenses denounced by Sections 5449 and 5499 of the 
 old Statutes, and then creates new offenses. 
 
 Sec. 120a. Bribery Continued. 
 
 Giving different titles to officers in different counts is 
 permissible, Sneierson vs. U. S., 264 F. 268. 
 
 Inspectors performing "official functions" are "gov- 
 ernment official," Sears vs. U. S., 264 F. 257. 
 
 A porter at a railway is an "official" and is protected 
 by the statute from bribe when the railroad is under gov- 
 ernment control, Krichman vs. U. S., 263 F. 538. 
 
 "Approach" to a juror is an attempt to bribe — pro- 
 vided there is knowledge, U. S. vs. Eussell, 41 Sup. Ct. 
 Rep. 260. 
 
 § 121. Bribery of a Judge or Judicial Officer. — Sec- 
 tion 131 of the new code amplifies and enlarges old Sec- 
 tion 5449, and reads as follows: 
 
 "Whoever, directly or indirectly, shall give or offer, or cause to be 
 given or offered, any money, property, or value of any kind, or any 
 promise of agreement therefor, or any other bribe, to any judge 
 judicial officer, or other person authorized by any law of the United 
 States to hear or determine any question, matter, cause, proceeding, 
 or controversy, with intent to influence his action, vote, opinion, or 
 decision thereon, or because of any such action, vote, opinion, or de- 
 cision, shall be fined not more than twenty thousand dollars, or im- 
 prisoned not more than fifteen years, or both; and shall forever be
 
 Offenses Against Public Justice. 307 
 
 disqualified to hold any office of honor, trust, or profit under the 
 United States." 
 
 § 122. Judge or Judicial Officer Accepting Bribe, Etc. 
 — Section 132 of the new Code practically re enacts old 
 
 Section 5499, and reads as follows: 
 
 "Sec. 132. Whoever, being a judge of the United States, shall in any 
 wise accept or receive any sum of money, or other bribe, present, 
 or reward, or any promise, contract, obligation, gift, or other security 
 for the payment of money, or for the delivery or conveyance of any- 
 thing of value, with the intent to be influenced thereby in any opinion, 
 judgment, or decree, in any suit, controversy, matter, or cause de- 
 pending before him, or because of any such opinion, ruling, decision, 
 judgment, or decree, shall be fined not more than twenty thousand 
 dollars, or imprisoned not more than fifteen years, or both; and shall 
 be forever disqualified to hold any office of honor, trust, or profit under 
 the United States." 
 
 This section relates only to the acceptance of a bribe 
 by a judge, but the following section covers practically 
 every person authorized by any law of the United States 
 to hear or determine any question. See also Sections 160 
 and 185. 
 
 § 123. Juror, Referee, Master, U. S. Commissioner, or 
 Judicial Officer, Etc., Accepting Bribe. — Section 133 of 
 the new Code, in the following words: 
 
 "Sec. 133. Whoever, being a juror, referee, arbitrator, appraiser, 
 assessor, auditor, master, receiver, United States Commissioner, or 
 other person authorized by any law of the United States to hear or 
 determine any question, matter, cause, controversy, or proceeding, 
 shall ask, receive, or agree to receive, any money, property, or value 
 of any kind or any promise or agreement therefor, upon any agree- 
 ment or understanding that his vote, opinion, action, judgment, or de- 
 cision, shall be influenced thereby, or because of any such vote, opin- 
 ion, action, judgment, or decision, shall be fined not more than two 
 thousand dollars, or imprisoned not more than two years, or both" 
 
 creates offenses that were unknown to the old statute 
 
 § 123a. Indictment — Who is Officer? — An indict hum it 
 must show, as must also the proof, that the act charged 
 was an official act. U. S. vs. Birdsall, 195 Federal. 980. 
 The person charged with violating this statute, musl at 
 the time of the violation have been an officer as within the 
 statute provided and described. U. S. vs. Birdsall, 206 
 Federal, 818.
 
 V 
 
 308 Federal Criminal Law Procedure. 
 
 An "officer" within the meaning of this section where 
 applicable, and Section 117 of the Code, means one who 
 is either appointed by the President by and with the ad- 
 vice and consent of the Senate, or by the president alone, 
 the Courts of law, or the heads of some executive depart- 
 ment, and a special officer appointed by the Commissioner 
 of Indian Affairs for the suppression of the liquor traffic 
 among the Indians is not an officer of the United States. 
 U. S. vs. Van Wert, 195 Federal, 974. 
 
 Sec. 123b. Who is an Officer. 
 
 See Burnap vs. U. S., 40 Sup. Ct. Eep. 374; U. S. Sup. 
 Ct. Apr. 1921. 
 
 A person not appointed in the manner declared under 
 constitution article 2, section 2, is not an "official of the 
 United States" but only an agent or employee of the 
 government; but Income Tax Inspectors appointed by 
 the Commissioner of Internal Revenue with the approval 
 of the Secretary of the Treasury, were officials of the 
 United States within Criminal Code Section 117, relat- 
 ing to bribery and constitution, article 2, section 2, Mc- 
 Grath vs. U. S., 275 F. 295. 
 
 It is not necessary that one should be an official of 
 the United States in order to act for, or, on behalf of 
 the United States or in any official capacity within the 
 meaning of section 117 of the Criminal Code, relating to 
 bribery, McGrath vs. U. S., 275 F. 295. 
 
 § 124. Witness Accepting Bribe. — Section 134 of the 
 new Code, which reads as follows: 
 
 "Sec. 134. Whoever, being, or about to be, a witness upon a trial, 
 hearing, or other proceeding, before any court, or any officer author- 
 ized by the laws of the United States to hear evidence or take testi- 
 mony, shall receive, or agree or offer to receive, a bribe, upon any 
 agreement or understanding that his testimony shall be influenced 
 thereby, or that he will absent himself from the trial, hearing, or 
 other proceeding, or because of such testimony, or such absence, shall 
 be fined not more than two thousand dollars, or imprisoned not more 
 than two years, or both." 
 
 is likewise an entirely new statute, without any parallel 
 in the Statutes of 1878.
 
 Offensks Against Public Justice. 309 
 
 § 125. Members of Congress Accepting Bribes. Etc. 
 — In the next Chapter, under the head of Offenses Relat- 
 ing to Official Duties, will be found a discussion and ci- 
 tation of the statutes of the new Code, that inhibit mem- 
 bers of Congress and other United States officers from 
 accepting bribes, such statutes and treatment, however, 
 being a different Chapter, for the reason that they do not 
 relate directly to offenses against public justice.
 
 CHAPTER VII. 
 
 OFFENSES RELATING TO OFFICIAL DUTIES. 
 
 § 126. Extortion, Generally; Definition, Etc. 
 
 127. Extortion as a Federal Offense: 5481—85. 
 
 128. Receipting for Larger Sums Than are Paid: 5483 — 86. 
 
 129. Species of Embezzlement: 5488, 5489, 5490, 5491, 5492, 5493, 
 
 5494, 5495, 5496, and 5497—87, 88, 89, 90, 91, 92, 93, 94, 95, 
 96, 97, 98, 99, 100, and 101. 
 
 130. Disbursing Officers Unlawfully Converting, Etc., Public Money: 
 New Code, 87. 
 
 131. Failure of Treasurer to Safely Keep Public Funds: New Code, 
 
 88. 
 
 132. Custodians of Public Money Failing to Safely Keep: New 
 Code, 89. 
 
 133. Failure of Officer to Render Accounts, Etc., 90 
 
 134. Failure to Deposit, as Required: New Code, 91. 
 
 135. Provisions of the Five Preceding Sections, How Applied: 
 New Code, 92. 
 
 136. Record Evidence of Embezzlement: New Code, 93. 
 
 137. Prima Facie Evidence: New Code, 94. 
 
 138. Evidence of Conversion: New Code, 95. 
 
 139. Banker, Etc., Receiving Deposit From Disbursing Officer: New 
 
 Code, 96. 
 
 140. Embezzlement by Internal Revenue Officers, Etc.: New Code, 
 
 97. 
 
 141. Officer Contracting Beyond Specific Appropriation: 5503 — 98. 
 
 142. Officer of United States Court Failing to Deposit Moneys, Etc.: 
 
 5504—99. 
 
 143. Receiving Loan or Deposit from Officer of Court: New Code, 
 
 100. 
 
 144. Failure to Make Returns or Reports: 1780—101. 
 
 145. Aiding in Trading in Obscene Literature, Etc.: 1785 — 102. 
 
 146. Collecting and Disbursing Officers Forbidden to Trade in Public 
 
 Funds: 1788 and 1789—103. 
 
 147. Judges, Clerks, Deputies, Marshals, and Attorneys, and Their 
 
 Deputies Forbidden to Purchase Witness Fees, Etc.: 29 St. 
 L., 595—104. 
 
 148. Falsely Certifying, Etc., as to Record of Deeds: New Code, 
 
 105. 
 
 149. Other False Certificates: New Code, 106. 
 
 150. Inspector of Steamboats Receiving Illegal Fees: 5482 — 107. 
 
 151. Pension Agent Taking Fee, Etc.: 5487 — 108. 
 
 152. Officer not to Be Interested in Claims Against United States: 
 
 5498—109. 
 
 (310)
 
 Offenses Relating To Official Duties. ::i 1 
 
 § 153. Member of Congress, Etc!, Soliciting or Accepting Bribe- L781 
 and 5500 and 5502—110. 
 
 154. Offering, Etc., Member of Congress Bribe: 5450—111. 
 
 155. Member of Congress Taking Consideration for Procuring Con- 
 
 tracts, Offices, Etc.; Offering Member Consideration I 
 1781—112. 
 
 156. Member of Congress Taking Compensation in Matters to Which 
 the United States Is a Party: 1782 — 113. 
 
 157. Member of Congress Not to Be Interested in Contract- 37:;9— 
 
 114. 
 
 158. Officer Making Contract with Member of Congress: 3742— 115. 
 
 159. Contracts to Which the Two Preceding Sections Do 
 Apply: 3740—116. 
 
 160. United States Officer Accepting Bribe: 5501 and 5502—117. 
 
 161. Political Contributions Not to Be Solicited by Certain Officers: 
 
 New Code, 118. 
 
 162. Political Contributions Not to Be Received in Public Offices: 
 New Code, 119. 
 
 163. Immunity from Official Proscription, Etc.: New Code, 120. 
 
 164. Giving Money, Etc., to Officials for Political Purposes Pro- 
 hibited: New Code, 121. 
 
 165. Penalty for Violating the Provisions of the Four Preceding 
 Sections, New Code, 122. 
 
 166. All of the Above, Civil Service Act: 1 Sup., 396. 
 
 167. Government Officers, Etc., Giving Out Advance Information 
 Respecting Crop Reports: New Code, 123. 
 
 168. Government Officer, Etc., Knowingly Compiling or Issuing 
 False Statistics Respecting Crops: New Code, 124. 
 
 169. Counterfeiting Weather Forecasts Interfering with Signals, 
 
 Etc.: 33 St. L., 864. 
 
 § 126. Extortion. — At the Common Law, extortion 
 was one of the forms of malfeasance in office. Mr. Bish- 
 op, in his second volume of Criminal Law, at page 225, 
 says that those who assume official position place them- 
 selves thereby in circumstances to exert a certain power, 
 which brings with it corresponding obligations, cogniz- 
 able by the Criminal Law, and among wrongful official 
 acts, extortion is particularly reprehensible. Hence it is, 
 that the law separates it from the rest under a name of 
 its own. Anderson, in his Dictionary of Law, defines 
 extortion to be "that abuse of public justice which con- 
 sists in an officer's unlawfully taking, by color of his 
 office, from any man, any money or thing of value that 
 is not due to him, or more than is due, or before it is due,
 
 r 
 
 312 Federal Criminal Law Procedure. 
 
 obtaining money or other valuable thing by compulsion 
 or force of motives applied to will." Wharton, in his 
 second volume of Criminal Law, paragraph 1574, de- 
 fines extortion as any oppression by color of right. Bish- 
 op, in his second volume of Criminal Law, page 225, 
 defines it as the "corrupt demanding or receiving by a 
 person in office of a fee for services which should 
 be rendered gratuitously; or, where compensation is 
 permissible, of a larger fee than the law justifies, or a 
 fee not yet due." Corruption, as used in these definitions, 
 and as applied to the offense of extortion, implies an evil 
 mind; hence it is not committed when the fee comes 
 voluntarily, in return for real benefits conferred, by extra 
 exertions put forth. Second Bishop's Criminal Law page 
 226; State vs. Stotts, 5 Black., 460; Rex vs. Baines, 6 
 Mod., 192; Williams vs. S., 2 Sneed, 160; Evans vs. 
 Trenton, 4 Zab., 764. 
 
 § 127. Federal Offense. — The general statute against 
 extortion was old Section 5481, which limited extortion 
 to an "officer" of the United States. Under the authori- 
 ties of United States vs. Schlierholz, in 137 Federal, 616, 
 and United States vs. same, in 133 Federal, 333, and the 
 cases therein cited, it appeared that the various bureaus 
 of the Executive and Judicial Departments of the Gov- 
 ernment were administering their respective affairs 
 through so many agents and clerks and employees, who, 
 in turn, could and did practice extortion and such sort 
 of malfeasance, but who are not really "officers" within 
 the meaning of the Act and the decisions and authorities 
 above referred to, that Congress passed the Act of June 
 28, 1906, amending Section 5481, which is now practically 
 re-enacted in Section 85 of the new Code, which is in the 
 following words: 
 
 "Sec. 85. Every Officer, Clerk, agent, or employee of the United 
 States, and every person representing himself to be or assuming to 
 act as such officer, clerk, agent, or employee, who, under color of his 
 office, clerkship, agency, or employment, or under »?olor of his pre- 
 tended or assumed office, clerkship, agency, or employment, is guilty of 
 extortion, and every person who shall attempt any act which if per- 
 formed would make him guilty of extortion, shall be fined not more 
 than five hundred dollars, or imprisoned not more than one year, or 
 both."
 
 Offenses Relating To Official Duti 313 
 
 The above statute includes not only every officer of the 
 United States, but every clerk, agent, employee, and 
 every other person. 
 
 The Supreme Court of the United States, in Williams 
 vs. United States, 168 U. S., 382, 42 Law Ed., 512, held 
 that a Chinese Inspector could be guilty of extortion 
 under the old Section. Other cases of more or less in- 
 terest are United States vs. Germane, 99 U. S., 508; U. 
 S. vs. Waitz, 3 Sawy., 28 Federal Cases No. 16,631. 
 
 In United States vs. Harned, 43 Federal, 376, a Distrid 
 Judge, in passing upon a motion to dismiss the prosecu- 
 tion, held that the word "extortion" implies that the 
 money paid was extorted on the part of the one who re- 
 ceived it, and was paid unwillingly by the party paying 
 the same, and that, therefore, where there was a volun- 
 tary payment by the witness, know ing at the time thai 
 it was in excess of the amount that was required to be 
 paid, and that the same was willingly paid, and noj <!»• 
 manded, would not support a prosecution, and therefore 
 thelhotion to dismiss was granted. 
 
 Bearing in mind the definitions above quoted, and that 
 there must be an allegation of corruptness, as above de- 
 fined, it is not believed that the Harned case states the 
 rule correctly. The purpose of the statute is to prevent 
 the receipt by an officer of money in excess of that to 
 which he is legally entitled, and if he asks for more, with 
 knowledge and corrupt purpose, the asking, it is thought, 
 would be the demand comprehended in the definitions, 
 and the payment thereof would be sufficiently unwilling 
 under the law to constitute the offense of extortion. Tt 
 is not here argued that an innocent overcharge or an 
 overpayment or an overdemand, or a taking of property 
 or money without the corrupt thought and intent, would 
 constitute the offense; but when an officer, knowing lie is 
 entitled to a certain sum, deliberately and corruptly 
 makes his bill or demand for a larger sum, public policy 
 would demand that he suffer prosecution under this stat- 
 ute. 
 
 The case of United States vs. Moore, in the 18JFederal, 
 page 686, is a prosecution under old Section 5485, for de-
 
 314 Federal Criminal Law Procedure. 
 
 manding or receiving a greater sum than ten dollars in a 
 pension case, and its reasoning may be of interest in 
 studying the instant statute. Under the Revenue Acts, 
 considered elsewhere, will be found a statute relating to 
 extortion by revenue officers or agents. Under the old 
 law, this inhibition was contained in Section 3169. The 
 case of United States vs. Deaver, 14 Federal, 595, in 
 passing upon this particular statute, defines extortion to 
 he the taking or obtaining of anything from another by 
 a public officer, by means of illegal compulsion or oppres- 
 sive exaction, and holds that an officer who collects a sum 
 of money as special taxes from a person as wholesale and 
 retail dealer in spirits, when no such taxes have been 
 regularly assessed against him, is guilty of oppression, 
 although such party has been guilty of selling spirits at 
 wholesale and retail, without a license, as required by 
 law, and the fact that he reported such taxes to the Col- 
 lector of the District as received, and the Collector of 
 the District, in his settlement with the Revenue Depart- 
 ment was required to pay the sum collected after the 
 manner of its collection was fully known to the Depart- 
 ment, will not render legal the acts of the defendant, 
 knowingly and wilfully done without authority of law. 
 
 That same case, in considering further the offense, de- 
 cided in substance, that the principle and policy of the 
 Common Law that a ministerial officer who had arrested 
 a person, and who takes from such person money, or 
 other reward under a pretense or promise of getting the 
 offender discharged, is guilty of a criminal offense, and 
 under the Section 3169 is extended to officers of the Reve- 
 nue, and any such officer who accepts or attempts to col- 
 lect, directly or indirectly, as payment or gift or other- 
 wise, any sum of money or other thing of value, for a 
 compromise of a violation of the Revenue laws, is guilty 
 of a misdemeanor. 
 
 § 128. Receipting for Larger Sums than are Paid. — 
 Section 5483 of the old Statutes, is changed by Section 86 
 of the new Code, which reads as follows: 
 
 "Sec. 8G. Whoever, being an officer, clerk, agent, employee, or other 
 person charged with the payment of any appropriation made by
 
 Offenses Relating To Official Duties. 315 
 
 Congress, shall pay to any clerk or other employee of the United States 
 a sum less than that provided by law, and require such employee to 
 receipt or give a voucher for an amount greater than that actually paid 
 to and received by him, is guilty of embezzlement, and shall be fined 
 in double the mount so withheld from any employee of the Government, 
 and imprisoned not more than two years." 
 
 The old statute, was limited by the word "officer," 
 just as was old Section 5481. New Section 86, however, 
 includes not only "officer," but clerk, agent, or employee, 
 or other person, and in such broadness includes, it is 
 thought, every paying officer of the Federal Government. 
 In United States vs. Mayers, 81 Federal, page 159, which 
 was a decision under the old statute, a postmaster was 
 held to be an "officer" within the meaning of that stat- 
 ute, and subject to indictment for having received a 
 receipt for a larger amount than that which he actually 
 paid a letter carrier employed in his office. That decision 
 also contains a copy of the indictment in that case, which 
 was held to be sufficient. 
 
 § 129. Species of Embezzlement. — Sections 5488, 
 5489, 5490, 5491, 5492, 5493, 5494, 5495, 5496, and 5497 
 of the 1878 Revised Statutes, denominate certain acts 
 with reference to handlers of the public money, such as 
 disbursing officers and depositories, to be statutory em- 
 bezzlements, the specific elements of which are respec- 
 tively therein included. These statutes are practically 
 re-enacted under the following sections of the new Code. 
 
 § 130. Disbursing Officer Unlawfully Converting, Etc., 
 Public Money. — Section 87 of the new Code reads as 
 follows: 
 
 "Sec. 87. Whoever, being a disbursing officer of the United States, 
 or a person acting as such, shall in any manner convert to his own 
 use, or loan with or without interest, or deposit in any place or in 
 any manner, except as authorized by law, any public money intrusted 
 to him; or shall, for any purpose not prescribed by law, withdraw 
 from the Treasurer, or any assistant treasurer, or any authorized de- 
 pository, or transfer, or apply, any portion of the public money in- 
 trusted to him, shall be deemed guilty of an embezzlement of the money 
 so converted, loaned, deposited, withdrawn, transferred, or applied, and 
 shall be fined not more than the amount embezzled, or imprisoned not 
 more than ten years, or both." »
 
 316 Federal Criminal Law Procedure. 
 
 § 131. Failure of Treasurer to Safely Keep Public 
 Moneys. — Section 88 of the new Code is in the following 
 words : 
 
 "Sec. 88. If the Treasurer of the United States, or any assistant 
 treasurer, or any public depository, fails safely to keep all moneys 
 deposited by any disbursing officer or disbursing agent, as well as all 
 moneys deposited by any receiver, collector, or other person having 
 money of the United States, he shall be deemed guilty of embezzlement 
 of the moneys not so safely kept, and shall be fined in a sum equal to 
 the amount of money so embezzled and imprisoned not more than ten 
 years." 
 
 § 132. Custodians of Public Money Failing to Safely 
 Keep, Etc. — New Section 89 reads as follows: 
 
 "Sec. 89. Every officer or other person charged by any Act of 
 Congress with the safe-keeping of the public moneys, who shall loan, 
 use, or convert to his own use, or shall deposit in any bank or ex- 
 change for other funds, except as specially allowed by law, any portion 
 of the public moneys intrusted to him for safekeeping, shall be guilty 
 of embezzlement of the money so loaned, used, converted, deposited, 
 or exchanged, and shall be fined in a sum equal to the amount of 
 money so embezzled and imprisoned not more than ten years." 
 
 § 133. Failure of Officer to Render Accounts, Etc. — 
 New Section 90 reads as follows: 
 
 "Sec. 90. Every officer or agent of the United States who, having 
 received public money which he is not authorized to retain as salary, 
 pay, or emolument, fails to render his accounts for the same as pro- 
 vided by law shall be deemed guilty of embezzlement, and shall be 
 fined in a sum equal to the amount of money embezzled and im- 
 prisoned not more than ten years." 
 
 § 134. Failure to Deposit, as Required. — Section 91 
 of the new Code reads as follows: 
 
 "Sec. 91. Whoever, having money of the United States in his pos- 
 session or under his control, shall fail to deposit it with the Treas- 
 urer, or some assistant treasurer, or some public depository of the 
 United States, when required so to do by the Secretary of the Treas- 
 ury, or the head of any other proper department, or by the account- 
 ing officers of the Treasury, shall be deemed guilty of embezzlement 
 thereof, and shall be fined in a sum equal to the amount of money 
 embezzled and imprisoned not more than ten years."
 
 Offenses Relating To OiTiciAi. Dm 311 
 
 It has been determined, in the case of United States vs. 
 Dimmick, reported in 112 Federal, 350, and affirmed in 
 Dimmick vs. United States, 121 Federal, 638, thai to con- 
 stitute the offense of failing to deposit, as required, in 
 these sections, it is not necessary that a person having 
 such moneys in his possession should have been "requir- 
 ed" to deposit the same by a specific order directed to him 
 which he failed to obey, but such requirement may be 
 made by a general rule or regulation of the Treasury 
 Department, requiring such moneys to be deposited at 
 stated times, and a wilful failure to comply with such 
 rule is within the statute. 
 
 So also, it seems that a similar general rule made by 
 the Postmaster General, or any other executive officer, 
 concerning the deposit of moneys by subordinates in thai 
 particular branch of the Government, would likewise be 
 all that was necessary to meet the requirement of tin- 
 statute under the word "required." 
 
 § 135. Provisions of the Five Preceding- Sections — 
 How Applied. — New Section 92 reads as follows: 
 
 "Sec. 92. The provisions of the five preceding sections shall be 
 construed to apply to all persons charged with the safe-keeping, 
 transfer, or disbursement of the public money, whether such per- 
 sons be indicted as receivers or depositaries of the same." 
 
 § 136. Record Evidence of Embezzlement.— Xew Sec- 
 tion 93 is in the following words: 
 
 "Sec. 93. Upon trial of any indictment against any person for 
 embezzling public money under any provision of the six preceding 
 sections, it shall be sufficient evidence, prima facie, for the purpose 
 of showing a balance against such person, to produce a transcript 
 from the books and proceedings of the Treasury, as required in civi! 
 cases, under the provisions for the settlement of accounts between the 
 United States and receivers of public money." 
 
 § 137. Prima Facie Evidence. — New Section 94 is in 
 the following words: 
 
 "Sec. 94. The refusal of any person, whether in or out of office, 
 charged with the safe-keeping, transfer, or disbursement of the public 
 money to pay any draft, order, or warrant drawn upon him by the 
 proper accounting officer of the Treasury, for any public money in 
 his hands belonging to the United States, no matter in what capacity
 
 318 Federal Criminal Law Procedure. 
 
 the same may have been received, or may be held, or to transfer or 
 disburse any such money, promptly, upon the legal requirement of 
 any authorized officer, shall be deemed, upon the trial of any in- 
 dictment against such person for embezzlement, prima facie evidence 
 of such embezzlement." 
 
 § 138. Evidence of Conversion. — Section 95 of the 
 new Code is in the following words: 
 
 "If any officer charged with the disbursement of the public moneys 
 accepts, receives, or transmits to the Treasury Department to be al- 
 lowed in his favor any receipt or voucher from a creditor of the 
 United States without having paid to such creditor in such funds as 
 the officer received for disbursement, or in such funds as he may be 
 authorized by law to take in exchange, the full amount specified in 
 such receipt or voucher, every such act is an act of conversion by 
 Sach officer to his own use of the amount specified in such receipt or 
 voucher." 
 
 The above three sections are general statutes that ap- 
 ply to and regulate the method of proof, and create new 
 rules of evidence that apply to Sections 87, 88, 89, 90 and 
 91, above quoted. 
 
 § 139. Banker, Etc, Receiving Deposit from Disburs- 
 ing Officer. — Section 96 of the new Code is in the follow- 
 ing words: 
 
 "Sec. 96. Every banker, broker, or other person not an authorized 
 depositary of public moneys, who shall knowingly receive from any 
 disbursing, officer, or collector of internal revenue, or other agent of 
 the United States, any public money on deposit, or by way of loan or 
 accommodation, with or without interest, or otherwise than in pay- 
 ment of a debt against the United States, or shall use, transfer, con- 
 vert, appropriate, or apply any portion of the public money for any 
 purpose not prescribed by law; and every president, cashier, teller, 
 director, or other officer of any bank or banking association who 
 shall violate any provision of this section is guilty of embezzlement 
 of the public money so deposited, loaned, transferred, used, converted, 
 appropriated, or applied, and shall be fine.d not more than the amount 
 embezzled, or imprisoned not more than ten years, or both." 
 
 See Cook County National Bank vs. United States, 107 
 U. S., 445, 27 Law Ed., page 537, which discusses, in a 
 general way, the priority right of the United States as 
 against insolvents. See also 15 Opinions of Attorney 
 General, 288.
 
 Offenses Eelating To Official Duti es. : : 1 ! 
 
 Under the authority of United States vs. Green el al, 
 146 Federal, 778, old Section 5497, all the terms of which 
 are included in the statute under discussion, extended 
 the crime of embezzlement of public money to every per- 
 son who used, transferred, converted, appropriated, or 
 applied any portion of the same for any purpose qo1 pi 
 scribed by law. 
 
 § 140. Embezzlement by Internal Revenue Officers, 
 Etc. — Section 97 of the new Code is in the following 
 words: 
 
 "Sec. 97. Any officer connected with, or employed in the Internal 
 Revenue Service of the United States, and any assistant of such 
 officer, who shall embezzle or wrongfully convert to his own use any 
 money or other property of the United States, and any officer of the 
 United States, or any assistant of such officer, who shall embezzle 
 or wrongfully convert to his own use any money or property which 
 may have come into his possession or under his control in the ex- 
 ecution of such office or employment, or under color or claim of author- 
 ity as such officer or assistant, whether the same shall be the money or 
 property of the United States or of some other person or party, shall, 
 where the offense is not otherwise punishable by some statute of the 
 United States, be fined not more than the value of the money and 
 property thus embezzled or converted, or imprisoned not more than 
 ten years, or both." 
 
 This section contains a part of what was originally in 
 Section 5497 of the old Statutes, as does Section 96, above 
 considered. By the specific terms of the section, an em- 
 bezzlement may be properly laid thereunder, even though 
 the money or property so embezzled is not the money or 
 property of the United States, provided that such money 
 or property came into the possession or control of the 
 United States officer by reason of his office, or under color 
 thereof, or under claim of authority; as, for instance, 
 one paying to a Deputy Collector a partial paymenl or 
 installment payment on a license not yet issued, or giving 
 to a rural route carrier money to purchase a money-order, 
 which remains the property of the intended purchaser. 
 All these, and many other offenses, would be punishable 
 under this statute. 
 
 Sec. 140a. Embezzlement, etc., by United Stales Offi- 
 cers.
 
 320 Federal Criminal Law Proceduee. 
 
 Under the foregoing section a clerk of the United 
 States District Court, who embezzles may be convicted, 
 U. S. vs. Davis, U. S. Sup. Ct. Apr. 1917. 
 
 A receiver of a National Bank is an officer of the Unit- 
 ed States, within the meaning of this section and may 
 be prosecuted for embezzlement of the funds of the bank 
 he is administering, Wetzel vs. U. S., 274 F. 101. 
 
 § 141. Officer Contracting Beyond Specific Appro- 
 priation. — Section 98 of the new Code, which practically 
 re-enacts old Section 5503, and the substance of the 
 amendment thereto, is in the following words: 
 
 "Sec. 98. Whoever, being an officer of the United States, shall 
 knowingly contract for the erection, repair, or furnishing of any 
 public building, or for any public improvement, to pay a larger amount 
 than the specific sum appropriated for such purpose, shall be fined 
 not more than two thousand dollars and imprisoned not more than 
 two years. ' ' 
 
 § 142. Officer of United States Court Failing to De- 
 posit Moneys, Etc. — Section 99 of the new Code, which 
 substantially re-enacts old Section 5504, is in the follow- 
 ing words: 
 
 "Sec. 99. Whoever, being a clerk or other officer of a court of 
 the United States, shall fail forthwith to deposit any money belong- 
 ing in the registry of the court, or hereafter paid into court or re- 
 ceived by the officers thereof, with the Treasurer, assistant treasurer, 
 or a designated depositary of the United States, in the name and to 
 the credit of such court, or shall retain or convert to his own use 
 or to the use of another any such money, is guilty of embezzlement, 
 and shall be fined not more than the amount embezzled", or im- 
 prisoned not more than ten years, or both; but nothing herein shall 
 be held to prevent the delivery of any such money upon security, ac- 
 cording to agreement of parties, under the direction of the court." 
 
 Some civil cases that merely mention old Section 5504 
 are the following: Henry vs. Sowles, 28 Federal, 481; 
 United States vs/Bixby, 10 Bis., 238. 
 
 § 143. Receiving Loan or Deposit from Officer of 
 Court. — Section 100 of the new Code, which takes the 
 place of the old Statute 5505, reads as follows: 
 
 "Sec. 100. Whoever shall knowingly receive from a clerk or 
 other officer of a court of the United States, as a deposit loan, or
 
 Offenses Relating To Official Di dies. 321 
 
 otherwise, any money belonging in the registry of Buch court, is 
 guilty of embezzlement, and shall be punished as prescribed in the 
 preceeding section." 
 
 § 144. Failure to Make Returns or Reports.— Section 
 101 of the new Code which re-enacts old Section L780, 
 
 is in the following words: 
 
 "Sec. 101. Every Officer who neglects or refuses to make any 
 return or report which he is required to make at stated times by 
 any Act of Congress or regulation of the Department of the Treas- 
 ury, other than his accounts, within the time prescribed by such act 
 or regulation, shall be fined not more than one thousand dollars." 
 
 § 145. Aiding in Trading in Obscene Literature, Etc. 
 — Old Section 1785, which is to he regulated by the de- 
 cisions under the old Section 3893 and its amendments, 
 which have heretofore been treated under postal crimes 
 and offenses, is replaced by Section 102 of the new Cod<'. 
 in the following words: 
 
 "Sec. 102. Whoever, being an officer, agent, or employee of the 
 Government of the United States shall knowingly aid or abet any 
 person engaged in violating any provision of law prohibiting im- 
 porting, advertising, dealing in, exhibiting, or sending or receiving 
 by mail, obscene or indecent publications or representations, or 
 means for preventing conception or producing abortion, or other 
 article of indecent or immoral use or tendency, shall be fined not 
 more than five thousand dollars, or imprisoned not more than ten 
 years, or both." 
 
 § 146. Collecting and Disbursing Officers Forbidden 
 to Trade in Public Funds.— Old Sections 1788 and L789 
 are re-enacted into new Section 103 in the following 
 words: 
 
 "Sec. 103. Whoever, being an office r of the United States con 
 cerned in the collection or the disbursement of the revenues tbere- 
 of, shall carry on any trade or business in the funds or debts of the 
 United States, or of any State, or any public property of either, 
 shall be fined not more than three thousand dollars, or imprisoned 
 not more than one year, or both, and be removed from office, and there- 
 after be incapable of holding any office under the United Stati 
 
 § 147. Judges, Clerks, Deputies, Marshals, and At- 
 torneys, and their Deputies Forbidden to Purchase Wit- 
 
 21
 
 322 Federal Criminal Law Procedure. 
 
 ness Fees, Etc. — The statute contained in the 29 Statute 
 at Large, 595, is re-enacted into new Section 104, in the 
 following words: 
 
 "Sec. 104. Whoever, being a judge clerk, or deputy clerk of any 
 court of the United States, or of any Territory thereof, or a United 
 States district attorney, assistant attorney, marshal, deputy marshal, 
 commissioner, or other person holding any office, or employment, or 
 position of trust or profit under the Government of the United States, 
 shall, either directly or indirectly, purchase at less than the full 
 face value thereof, any claim against the United States for the fee, 
 mileage, or expenses of any witness, juror, deputy marshal, or any 
 other officer of the court whatsoever, shall be fined not more than 
 one thousand dollars." 
 
 § 148. Falsely Certifying, Etc., as to Record of Deeds. 
 — Section 105 of the new Code, creates a new offense, in 
 the following words: 
 
 "Sec. 105. Whoever, being an officer or other person authorized 
 by any law of the United States to record a conveyance of real 
 property, or any other instrument which by law may be recorded, 
 shall knowingly certify falsely that such conveyance or instrument 
 has or has not been recorded, shall be fined not more than one thou- 
 sand dollars, or imprisoned not more than seven years, or both." 
 
 § 149. Other False Certificates.— Section 106 of the 
 new Code creates a new offense in the following words: 
 
 "Sec. 106. Whoever, being a public officer or other person author- 
 ized by any law of the United States to make or give a certificate 
 or other writing, shall knowingly make and deliver as true such 
 a certificate or writing, containing any statement which he knows 
 to be false, in a case where the punishment thereof is not elsewhere 
 expressly provided by law, shall be fined not more than five hundred 
 dollars, or imprisoned not more than one year, or both." 
 
 § 150. Inspector of Steamboats Receiving Illegal 
 Fees. — Section 5482 of the old Statutes is re-enacted in 
 Section 107 of the new Statutes in the following words: 
 
 "Every inspector of steamboats who, upon any pretense, receives 
 any fee or reward for his services, except what is allowed to him 
 by law, shall forfeit his office, and be fined not more than five hundred 
 dollars, or imprisoned not more than six months, or both." 
 
 § 151. Pension Agent Taking Fee, Etc. — Section 108, 
 which displaces old Section 5487, reads as follows:
 
 Offenses Relating To Official Duties. 
 
 "Every pension agent, or other person employed or appointed 
 by him, who takes, receives, or demands any fee or reward from ai 
 pensioner for any service in connection with the payment of his 
 pension, shall be fined not more than five hundred dollars." 
 
 In the cases of United States vs. Kessel, 62 Federal, 
 page 57, and United States vs. Van Lemon. '2 Federal, 
 62, successful prosecutions were laid by the Governmenl 
 against members of the Board of Examining Snrgeons 
 for receiving and asking outside compensation and gra 
 tuity for services rendered and to be rendered, respecting 
 certain certificates from the board of Surgeons. An in- 
 dictment in the first case, which charged that the defend- 
 ant, a member of a Board of Surgeons, did unlawfully 
 ask "a gratuity, the nature of which is unknown," with 
 intent to have his official action influenced, was held to 
 be had, in that it failed to sufficiently inform the defend- 
 ant of what he was to meet. These two decisions held 
 that a member of a Board of Examining Surgeons, ap- 
 pointed by the Commissioner of Pensions, though not an 
 officer of the United States, was a person acting for, or 
 in behalf of, the United States, and in an official capacity, 
 and under authority of an office of the Government, and 
 distinguished the case of the United States vs. Germaine, 
 99 U. S., 508. 
 
 § 152. Officer not to Be Interested in Claims Against 
 United States. — Section 109 of the new Code is substan- 
 tially in the words of the old Statute 5498, and reads as 
 follows: 
 
 "Sec. 109. Whoever, being an officer of the United States, or a 
 person holding any place of trust or profit, or discharging any 
 official function under, or in connection with, any Executive Depart- 
 ment of the Government of the United States, or under the Senate or 
 House of Representatives of the United States, shall act as an agent 
 or attorney for prosecuting any claim against the United Sta1 
 or in any manner, or by any means, otherwise than in dischai 
 of his proper official duties, shall aid or assist in the prosecution or 
 support of any such claim, or receive any gratuity, or any share of 
 or interest in any claim from any claimant against the United st 
 with intent to aid or assist, or in consideration of having aided or as- 
 sisted in the prosecution of such claim, shall be fined not more than 
 five thousand dollars, or imprisoned not more than one year, or both.'
 
 324 Federal Criminal Law Procedure. 
 
 To this statute, as well as most of the others that we are 
 considering in this Chapter, the thought is applicable 
 that a political office is merely a trust, which is to be con- 
 ferred upon whatever conditions the Government chooses 
 to impose. If the conditions are unacceptable to the 
 office-holder, he is under no obligation to take the office, 
 and he has no Constitutional or other right to require 
 the conditions of trusts he accepts to be subsequently al- 
 tered or removed. In United States vs. Curtis, 12 Fed- 
 eral, 824, the Court, in expressing this thought, said: 
 
 "No citizen is required to hold a public office, and if he is unwilling 
 to do so, upon such conditions as are prescribed by that Department 
 of, the Government which creates the office, fixes its tenure and inci- 
 dents, it is his duty to resign." 
 
 The Curtis case was an indictment, in 1882, against a 
 Federal employee for soliciting and receiving monev 
 from other Federal employees, to be used by the Republi- 
 can State Committee. The indictment was found under 
 Section 6 of the Act of August 15, 1876, First Supple- 
 ment, 245, 19 Statute-at-Large, 169. The defendant was 
 convicted, and thereafter sought, by writ of habeas cor- 
 pus from the Supreme Court of the United States, his 
 discharge; but the Supreme Court, through Chief Jus- 
 tice Waite, in 106 U. S., 371, ex parte Curtis; Lawyers' 
 Co-Operative Edition, Book 27, page 232, refused to dis- 
 charge the petitioner, and in effect, therefore, confirmed 
 the conviction. 
 
 § 153. Member of Congress, Etc., Soliciting or Ac- 
 cepting Bribe. — Sections 1781, 5500, and 5502 have con- 
 tributed to new Section 110, which is in the following 
 words: 
 
 "Sec. 110. Whoever, being elected or appointed a Member of or 
 Delegate to Congress, or a Resident Commissioner, shall, after his 
 election or appointment, and either before or after he is qualified, 
 and during his continuance in office, directly or indirectly, ask, accept 
 receive, or agree to receive, any money, property, or other valuable 
 consideration, or any promise, contract, undertaking, obligation, gra- 
 tuity, or security for the payment of money, or for the delivery or
 
 Offenses Relating To Official Duties. 325 
 
 conveyance of anything of value to him, or to any person with his 
 consent, connivance, or concurrence, for his attention to, or services, 
 or with the intent to have his action, vote, or decision influenced on 
 any question, matter, cause, or proceeding, which may at any time he 
 pending in either house of congress or before any committee thereof, 
 of which by law or under the constitution may be brought before him 
 in his official capacity, or in his place as such member, delegate, or 
 resident commissioner, shall be fined not more than three times the 
 amount asked, accepted, or received, and imprisoned not more than 
 three years; and shall, moreover, forfeit his office or place, and 
 thereafter he forever disqualified from holding any office of honor, 
 trust, or profit, under the Government of the United States." 
 
 § 154. Offering, Etc., Member of Congress Bribe.— 
 New Section 111 contains the meat of old Section 5450, 
 and is in the following words: 
 
 "Sec. 11. Whoever shall promise, offer, or give, or cause to be 
 promised, 4 <Tered, or given, any money or other thing of value, or 
 shall make or tender any contract, undertaking, obligation, gratuity, 
 or security for the payment of money or for the delivery or convey- 
 ance of anything of value, to any Member of either House of Congress, 
 or Delegate to Congress, or Resident Commissioner, after his election 
 or appointment, and either before or after he has qualified, and during 
 his continuance in office, or to any person with his consent, connivance, 
 or concurrence, with intent to influence his action, vote, or decision, ou 
 any question, matter, cause, or proceeding which may at any time be 
 pending in either House of Congress, or before any committee there- 
 of, or which by law or under the Constitution may be brought before 
 him in his official capacity or in his place as such member, delegate, 
 or resident commissioner, shall be fined not more than three times the 
 amount of money or value of the thing so promised, offered, given, 
 made, or tendered, and imprisoned not more than three years." 
 
 § 155. Member of Congress Taking Consideration for 
 Procuring Contracts, Offices, Etc.; Offering Member Con- 
 sideration, Etc. — New Section 110, quoted above, togeth- 
 er with new Section 112, which is in the following word-: 
 
 "Sec. 112. Whoever, being elected or appointed a Member of or 
 Delegate to Congress, or a Resident Commissioner, shall after his 
 election or appointment, and either before or after he has qualified 
 and'during his continuance in office, or being an officer or agent of 
 the United States, shall directly or indirectly take, receive, or agree 
 to receive, from any person, any money, property, or other valuable 
 consideration whatever, for procuring or aiding to procure any con- 
 tract, appointive office, or place to any person whomsoever; or who-
 
 326 Federal Criminal Law Procedure. 
 
 ever, directly or indirectly shall offer, or agree to give, or shall give, 
 or bestow, any money, property, or other valuable consideration 
 whatever, for the procuring, or aiding to procure, any such contract, ap- 
 pointive office, or place, shall be fined not more than ten thousand 
 dollars and imprisoned not more than two years; and shall more- 
 over, be disqualified from holding any office of honor, profit, or trust 
 under the Government of the United States. Any such contract or 
 agreement may, at the option of the President, be declared void," 
 
 enlarge upon the provisions of old Statute 1781. 
 
 Upon the question of policy, the Curtis case, cited supra 
 may be considered as an authority under this section. In 
 United States vs. Driggs, 125 Federal, 520, Congressman 
 Driggs was indicted for assisting a contractor by the 
 name of Miller in making a contract with the Govern- 
 ment for certain automatic cash registers, for a consid- 
 eration of twelve thousand dollars. In the case of United 
 States vs. Dietrich, 126 Federal, 676, which grew out of 
 an indictment against Senator Dietrich, of Nebraska, for 
 an alleged agreement to procure, or aid in the securing of, 
 a post-office, for one Fisher, the Court held, of course, 
 that it was necessary to allege in the indictment the elec- 
 tion, qualification, and oath of Dietrich as such Senator, 
 and for the facts to show that the offense was committed 
 while he was such officer; and there being an interim 
 before his actual qualification to such office, during which 
 time he made the contract for the disposition of the post- 
 office, if he made it at all, the Court determined that no 
 offense was committed. In that opinion, the Court said: 
 
 "The defendant was not admitted to a seat in the Senate and did 
 not enter upon the discharge of the duties of that office, until December 
 2, 1901, not until that date did the Senate consider or act upon his 
 election, credentials, and qualifications. Until then, it was not known, 
 and could not have been, in the absence of an earlier session of the 
 Senate, whether his election, credentials, and qualifications, would be 
 deemed by the Senate, the sole and exclusive judge, to be such as 
 to entitle him to membership in that body. Immediately following 
 the favorable action of the Senate upon his election, credentials, and 
 qualifications, the defendant took the oath of office as a Senator, 
 which was an assumption of the duties of that office; but until then 
 he had not accepted the office, and was not obligated to its acceptance. 
 Until then, it was optional with him to accept or decline; and if, 
 on December 2, 1901, he had exercised that office by declining instead
 
 Offenses Relating To Official Duties. 327 
 
 of accepting, he would not have been a Senator at all, under the 
 election of March 28, 1901." 
 
 It is quite true that the Common Law made it an of- 
 fense for one not to accept an office to which he was 
 elected, but no such jurisdiction is recognized by the 
 Federal Courts. If it he true, therefore, that Dietrich 
 agreed to sell the office between the date of his election, 
 in March, and the date of his qualification, in December, 
 he committed no offense under the Statute under discus- 
 sion. The case of United States vs. Burton, reported in 
 131 Federal, 552, grew out of an alleged practice by Sena- 
 tor Burton before the Post-office Department of the Unit- 
 ed States, with reference to a certain fraud order that 
 the Postmaster General had issued. The conviction that 
 resulted upon that case was finally reversed, Burton vs. 
 United States, 196 U. S., 283, but upon a retrial another 
 conviction was affirmed, United States vs. Burton, 202 U. 
 S., 344; 50 Law Ed., 1057. The Court held, in the last 
 writ of error, that a fraud order inquiry pending before 
 the Post-office Department is a proceeding in which the 
 United States, although having no direct money or pe- 
 cuniary interest in the result, is directlv or indirectlv in- 
 terested within the meaning of Section 1782, making it a 
 misdemeanor for a United States Senator to receive or 
 agree to receive compensation for services rendered be- 
 fore any Department, in relation to any proceeding in 
 which the United States is so interested. 
 
 The Court also in that case said that the agreement to 
 receive, and the receipt of, the forbidden compensation 
 are made two separate and distinct offenses under Sec- 
 tion 1782. 
 
 In the case of McGregor vs. United States, 134 U. S., 
 188, the Circuit Court of Appeals for the Fourth Circuit 
 affirmed a conviction of the defendants, who were clerks 
 in the Post-office Department, under Section 1781 and 
 1782, for conspiring with a dealer in leather goods for 
 the sale of mail pouches to the Federal Government. 
 
 This case discusses the introduction of evidence before 
 a grand jury, the joinder of various counts, and the suffi- 
 ciency in general of a bill alleging the elements of such
 
 326 Federal Criminal Law Procedure. 
 
 ever, directly or indirectly shall offer, or agree to give, or shall give, 
 or bestow, any money, property, or other valuable consideration 
 whatever, for the procuring, or aiding to procure, any such contract, ap- 
 pointive office, or place, shall be fined not more than ten thousand 
 dollars and imprisoned not more than two years; and shall more- 
 over, be disqualified from holding any office of honor, profit, or trust 
 under the Government of the United States. Any such contract or 
 agreement may, at the option of the President, be declared void," 
 
 enlarge upon the provisions of old Statute 1781. 
 
 Upon the question of policy, the Curtis case, cited supra 
 may be considered as an authority under this section. In 
 United States vs. Driggs, 125 Federal, 520, Congressman 
 Driggs was indicted for assisting a contractor by the 
 name of Miller in making a contract with the Govern- 
 ment for certain automatic cash registers, for a consid- 
 eration of twelve thousand dollars. In the case of United 
 States vs. Dietrich, 126 Federal, 676, which grew out of 
 an indictment against Senator Dietrich, of Nebraska, for 
 an alleged agreement to procure, or aid in the securing of, 
 a post-office, for one Fisher, the Court held, of course, 
 that it was necessary to allege in the indictment the elec- 
 tion, qualification, and oath of Dietrich as such Senator, 
 and for the facts to show that the offense was committed 
 while he was such officer; and there being an interim 
 before his actual qualification to such office, during which 
 time he made the contract for the disposition of the post- 
 office, if he made it at all, the Court determined that no 
 offense was committed. In that opinion, the Court said: 
 
 "The defendant was not admitted to a seat in the Senate and did 
 not enter upon the discharge of the duties of that office, until December 
 2, 1901, not until that date did the Senate consider or act upon his 
 election, credentials, and qualifications. Until then, it was not known, 
 and could not have been, in the absence of an earlier session of the 
 Senate, whether his election, credentials, and qualifications, would be 
 deemed by the Senate, the sole and exclusive judge, to be such as 
 to entitle him to membership in that body. Immediately following 
 the favorable action of the Senate upon his election, credentials, and 
 qualifications, the defendant took the oath of office as a Senator, 
 which was an assumption of the duties of that office; but until then 
 he had not accepted the office, and was not obligated to its acceptance. 
 Until then, it was optional with him to accept or decline; and if, 
 on December 2, 1901, he had exercised that office by declining instead
 
 Offenses Relating To Official Duties. 327 
 
 of accepting, he would not have been a Senator at all, under the 
 election of March 28, 1901." 
 
 It is quite true that the Common Law made it an of- 
 fense for one not to accept an office to which lie was 
 elected, but no such jurisdiction is recognized by the 
 Federal Courts. If it be true, therefore, that Dietrich 
 agreed to sell the office between the date of his election, 
 in March, and the date of his qualification, in December, 
 he committed no offense under the Statute under discus- 
 sion. The case of United States vs. Burton, reported in 
 131 Federal, 552, grew out of an alleged practice by Sena- 
 tor Burton before the Post-office Department of the Unit- 
 ed States, with reference to a certain fraud order that 
 the Postmaster General had issued. The conviction that 
 resulted upon that case was finally reversed, Burton vs. 
 United States, 196 U. S., 283, but upon a retrial another 
 conviction was affirmed, United States vs. Burton, 202 IT. 
 S., 344; 50 Law Ed., 1057. The Court held, in the last 
 writ of error, that a fraud order inquiry pending before 
 the Post-office Department is a proceeding in which the 
 United States, although having no direct money or pe- 
 cuniary interest in the result, is directly or indirectly in- 
 terested within the meaning of Section 1782, making it a 
 misdemeanor for a United States Senator to receive or 
 agree to receive compensation for services rendered be- 
 fore any Department, in relation to any proceeding in 
 which the United States is so interested. 
 
 The Court also in that case said that the agreement to 
 receive, and the receipt of, the forbidden compensation 
 are made two separate and distinct offenses under Sec- 
 tion 1782. 
 
 In the case of McGregor vs. United States, 134 U. S., 
 188, the Circuit Court of Appeals for the Fourth Circuit 
 affirmed a conviction of the defendants, who were clerks 
 in the Post-office Department, under Section 1781 and 
 1782, for conspiring with a dealer in leather goods for 
 the sale of mail pouches to the Federal Government. 
 
 This case discusses the introduction of evidence before 
 a grand jury, the joinder of various counts, and the suffi- 
 ciency in general of a bill alleging the elements of such 
 
 ^„
 
 328 Federal Criminal Law Procedure. 
 
 an offense. The Court refused to revise the judgment of 
 the grand jury stating that, 
 
 "It is doubtless true that grand juries frequently consider testimony 
 that would be held inadmissible by a trial court, for such juries are 
 not usually well informed concerning the rules of evidence, nor the 
 rights and privileges of the parties whose alleged offenses they are 
 
 examining into In cases like this, where the record discloses 
 
 that many witnesses were examined, and much documentary evidence 
 considered by the grand jury, it is quite apparent that it would be 
 subversive of our criminal procedure and destructive of the rules formu- 
 lated to promote the due administration of justice, to establish a 
 practice under which indictments might be quashed, because of a con- 
 sideration by the grand jury of the improper testimony given by one 
 witness among many, or the reading by such jury of a statement 
 irregularly submitted to it, which may likely have had but little in- 
 fluence in the conclusion reached by the jury." 
 
 In other words, the Court said, later on, that even 
 though evidence might have been improperly considered 
 by the grand jury, that the Court would not say that the 
 jury did not, nevertheless, have before it sufficient of 
 legal and pertinent testimony to warrant the returning 
 of the indictment, and cites cases in support. 
 
 In United States vs. Booth, 148 Federal, 112, will be 
 found a complete copy of an indictment under Section 
 1782, which was approved by the Court. In that case, a 
 Receiver of the Land Department of the United States 
 was held to commit an offense against the statute under 
 discussion, when he gave advance information respecting 
 the lands, for which advance information he received 
 compensation, and the Court held that the United States 
 has a direct interest, within the meaning of the section, 
 in all public lands, and in the right of entry or purchase 
 thereof, through proceedings to be had at any of its land 
 offices. Under the reasoning of this last case, any com- 
 pensation whatever is construed to be a violation of the 
 statute. It will be remembered, however, that the dis- 
 tinction drawn in the Dietrich case, with reference to 
 election and qualification, can never arise under new Sec- 
 tions 112 and 113, for the reason that those sections ex- 
 pressly provide either before or after qualification.
 
 Offenses Relating To Official Din 329 
 
 § 156. Member of Congress Taking Compensation in 
 Matters to Which the United States is a Party.— New 
 
 Section 113, which is closely akin to 112, just discussed, 
 and which re-enacts the salient features of old Section 
 1782, and under which the citations and suggestions made 
 with reference to 112 are also applicable, is in the follow- 
 ing words: 
 
 "Sec. 113. Whoever, being elected or appointed a Senator, Mem- 
 ber of or Delegate to Congress, or a Resident Commissioner, shal, 
 after his election or appointment and either before or after he has 
 qualified, and during his continuance in office, or being the head of 
 a department, or other officer or clerk in the employ of the United 
 States, shall, directly or indirectly, receive, or agree to receive, any 
 compensation whatever, for any services rendered or to be rendered 
 to any person, either by himself or another, in relation to any pro- 
 ceeding, contract, claim, controversy, charge, accusation, arrest, or 
 other matter or thing in which the United States is a party or direct- 
 ly or indirectly interested, before any department, court-martial, 
 bureau, officer, or any civil, military, or naval commission whatever, 
 shall be fined not more than ten thousand dollars and imprisoned not 
 more than two years, and shall, moreover, thereafter be incapable of 
 holding any office of honor, trust, or profit under the Government of 
 the United States." 
 
 § 157. Member of Congress Not to be Interested in 
 Contract. — Sections 109, 110, 111, 112, and 113, provide, 
 in various ways, for the conservation of official fidelity. 
 To these, has been added new Section 114, which takes 
 the place of old Section 3739, and which is in the follow- 
 ing- words: 
 
 i & 
 
 "Sec. 114. Whoever, being elected or appointed a Member of or 
 Delegate to Congress, or a resident Commissioner, shall, after his 
 election or appointment and either before or after he is qualified. 
 and during his continuance in office, directly or indirectly, himself, 
 or by any other person in trust for him, or for his use or benefit, or en 
 his^account, undertake, execute, hold, or enjoy, in whole or in part, 
 any contract or agreement made or entered into in behalf of the 
 United States by any officer or person authorized to make contracts 
 on its behalf, shall be fined not more than three thousand dollars. All 
 contracts or agreements made in violation of this section shall be void; 
 and whenever any sum of money is advanced by the United States. 
 in consideration of any such contract or agreement is shall forthwith 
 be repaid; and in case of failure or refusal to pay the same when 
 demanded by the proper officer of the Department under whose author-
 
 330 Federal Criminal Law Procedure. 
 
 ity such contract or agreement shall have been made or entered into, 
 suit shall at once be brought against the person so failing or refusing 
 and his sureties, for the recovery of the money so advanced." 
 
 The case of the United States vs. Dietrich, 126 Fed- 
 eral, 671, cited supra under 112 and 113, may be read 
 with interest by those seeking light upon the instant stat- 
 ute; also Second Attorney's General Opinion, 697, 15 
 Attorney's General Opinion, 280. This statute, it will be 
 noticed, is directed against Members of Congress being 
 interested in contracts with the Government, whatever 
 such interest may be, whether direct or indirect, and 
 whether before qualification or after qualification, which 
 meets, as heretofore observed, the objections that were 
 raised by the Court in the Dietrich case, to a successful 
 prosecution. 
 
 § 158. Officer Making Contract with Member of Con- 
 gress. — Old Section 3742 becomes new Section 115, which 
 is in the following words: 
 
 "Sec. 115. Whoever, being an officer, of the United States, shall on be- 
 half of the United States, directly or indirectly make or enter into 
 any contract, bargain, or agreement, in writing or otherwise, with 
 any Member of or Delegate to Congress, or any Resident Commis- 
 sioner, after his election or appointment as such member, delegate, 
 or resident commissioner, and either before or after he has qualified, 
 and during his continuance in office, shall be fined not more than 
 three thousand dollars." 
 
 This section, as the other sections of the new Code bear- 
 ing upon this phase of official wrong, is so worded as to 
 punish the offender, whether before or after his quali- 
 fication to office. 
 
 § 159. Contracts to Which the Two Preceding Sec- 
 tions Do Not Apply. — By Section 116 of the new Code, 
 which was Section 3740 of the old Code, the two preced- 
 ing sections — that is, Sections 114 and 115 — do not apply 
 to certain contracts, as is shown by the following words: 
 
 "Sec. llfi. Nothing contained in the two preceding sections shall 
 extend, or be construed to extend, to any contract of agreement made 
 or entered into, or accepted, by any incorporated company, where 
 such contract or agreement is made for the general benefit of such 
 incorporation or company; nor to the purchase or sale of bills of
 
 Offenses Relating To Official Duties. 331 
 
 exchange or other property by any Member of or Delegate to Congress, 
 or Resident Commissioner, where the same are ready for delivery. 
 and payment therefor is made at the time of making or entering 
 into the contract or agreement." 
 
 § 160. United States Officer Accepting Bribe.— In the 
 discussion of Section 110, supra, cases were cited and 
 suggestions were made concerning old Sections 5501 and 
 5502. These two sections are broadly re-enacted in new 
 Section 117, which is in the following words: 
 
 "Whoever, being an officer of the United States, or a person acting 
 for or on behalf of the United States, in any official capacity, under 
 or by virtue of the authority of any department or office of the Gov- 
 ernment thereof; or whoever, being an officer or person acting for 
 or on behalf of either House of Congress, or of any committee of 
 either House, or of both Houses, shall ask, accept, or receive any secu- 
 rity for the payment of money, or for the delivery or conveyance of 
 anything of value with intent to have his decision or action on any 
 question, matter, cause, or proceeding which may at any time be 
 pending, or which may by law be brought before him in his offic.al 
 capacity, or in hi s place of trust or profit, influenced thereby, shall 
 be fined not more than three times the amount of money or value 
 of the thing so asked, accepted, or received, and imprisoned not more 
 than three years, and shall, moreover, forfeit his office or place and 
 thereafter be forever disqualified from holding any office of honor, 
 trust, or profit under the Government of the United States." 
 
 The cases of the United States vs. Kissel, 62 Federal, 
 57, and United States vs. Van Lauven, 62 Federal, 62, 
 heretofore discussed under Section 110, are authorities 
 under this section. The statute is so broad that it covers" 
 not only one who is an officer of the United States, but 
 any person acting for or on behalf of the United States 
 in any official capacity. 
 
 The case of United States vs. Boyer, 85 Federal, 425, 
 correctly, it seems, announces a doctrine that would be 
 equally applicable to the new Section: that is, that 
 though one be a United States officer, if he be attempting 
 to perform a function which under the laws and limi- 
 tations of the United States, he is not entitled to perform, 
 even though he may think that he has such duty, and 
 even though the person offer him a gratuity not to per- 
 form such duty may think that he has a right to per-
 
 332 Federal Criminal Law Procedure. 
 
 form it, yet he would not be guilty under the section, for 
 the reason that he was acting outside of his authority. 
 In the Boyer case, an Inspector for the Agriculture De- 
 partment of the United States was indicted for receiving 
 money from the packing house to which he was assigned, 
 as an Inspector of the Bureau of Animal Industry. The 
 point was raised that Congress did not have the power, 
 under the Constitution, to send an inspector into a pack- 
 ing house located within a State, and impose upon him 
 the duties set out in the indictment. The Court held that 
 the facts set out in the indictment did not constitute an 
 offense against the United States, for the reason that it 
 was intended to induce him not to do a thing which no 
 valid law of Congress imposed upon him to do. 
 
 In the case of United States vs. Ingham, 97 Federal, 
 935, which was a prosecution under Section 5451 of the 
 old Statutes, which is closely akin to the one under dis- 
 cussion, the Court held that the statute applied to any 
 person acting for or on behalf of the United States, 
 whether such person was an officer or not; and, therefore, 
 applied the section to a Secret Service operative employ- 
 ed by the Secretary of the Treasury, holding that the 
 bribery or attempted bribery of such a person to collude 
 in or allow a fraud on the United States, was an offense 
 within the terms of the statute. 
 
 In King vs. United States, 112 Federal, is a state of 
 facts which showed an offense under Section 5501 of the 
 old Statutes, in the receiving of a large sum of money by 
 : a Captain in the United States Quartermaster's Depart- 
 ment, for the acceptance and rejection of material to be 
 used in the construction of a public building, such pay- 
 ment having been made him by the Contractor. The 
 Circuit Court of Appeals for the Fifth Circuit sustains a 
 conviction under such facts, but reverses the case upon 
 another question. In the opinion is a copy of the indict- 
 ment. 
 
 An indictment under these sections should charge that 
 the bribe was given with the intent to influence the of- 
 ficial action of the person. An indictment should also 
 clearly specify the official capacity of the person who has 
 accepted the bribe, or to whom an attempt has been made
 
 Offenses Relating To Official Duties. 333 
 
 to give a bribe. It was said, however, in the King case, 
 that after the verdict, a general allegation which seems 
 to show capacity of supervision over a particular Gov- 
 ernmental function would be sufficient. 
 
 In the case of Sharp against the United Stales, 138 
 Federal, 878, the Circuit Court of Appeals for the Eighth 
 Circuit, while reversing the case upon another question, 
 held that an indictment against a United States Indian 
 Agent for bribery, which alleged that he, having charge 
 of the execution and completion of certain leases for 
 certain contracts of land in a specified Indian reservation, 
 commonly known as the Ponca Pasture, etc., feloniously 
 and corruptly accepted and received the sum of fifteen 
 hundred dollars from one A., for the purpose of influenc- 
 ing his action on the completion of such leases, was suffi- 
 cient to charge the offense under 5501. The case also 
 directly holds that an Indian Agent, in the execution 
 and completion of leases of Government lands, was 
 charged with such an official trust that his receiving a 
 bribe to influence his official action rendered him subject^ 
 to punishment under the above section. 
 
 The case of United States vs. Haas, 163 Federal, 908, 
 was an indictment under the old Conspiracy Statute, for 
 a violation of the old bribery section, which was 5451, 
 and is interesting in this connection, because in that 
 case the Court held that a person employed by the United 
 States as an Assistant Statistician in the Department of 
 Agriculture, in the performance of the duties with which 
 he is charged by the rules of the Department, ads for the 
 United States in an official function within the meaning 
 of Revised Statutes No. 5451, making it a criminal of- 
 fense to bribe any such person, to induce him to do or to 
 omit to do any act in violation of his lawful duty. 
 
 Sec. 160a. United States Officer. 
 
 A baggage porter, while the railways are under gov- 
 ernment supervision is an officer within the meaning of 
 the foregoing section, U. S. vs. Krichman, 256 F. 974. 
 
 An officer must not induce the crime, U. S. vs. Lynch, 
 256 F. 983. See Krichman vs. U. S. 41 Sup. Ct. Rep. 514, 
 which reverses.
 
 334 Federal Criminal Law Proceduee. 
 
 § 161. Political Contributions Not to be Solicited by 
 Certain Officers. — Section 118 of the new Code reads as 
 follows: 
 
 "Sec. 118. No Senator or Representative in, or Delegate or Resi- 
 dent Commissioner to Congress, or Senator, Representative, Delegate, 
 or Resident Commissioner-elect, or officer or employee of either House 
 of Congress, and no executive, judicial, military or naval officer of the 
 United States, and no clerk or employee of any Department, branch, 
 or bureau of the executive, judicial, or military or naval service of 
 Ihe United States, shall directly or indirectly, solicit or receive, or. 
 be in any manner concerned in soliciting or receiving, any assessment, 
 subscription, or contribution for any political purpose whatever, from 
 any officer, clerk, or employee of the United States, or any Depart- 
 ment, branch, or bureau thereof, or from any person receiving any 
 salary or compensation from moneys derived from the Treasury of 
 the United States." 
 
 § 162. Political Contributions Not to be Received in 
 Public Offices. — Section 119 of the new Code reads as 
 follows: 
 
 "Sec. 119. No person shall, in any room or building occupied in 
 the discharge of official duties by any officer or employee of the 
 United States mentioned in the preceding section, or in any navy- 
 yard, fort, or arsenal, solicit in any manner whatever or receive any 
 contribution of money or other thing of value for any political pur- 
 pose whatever." 
 
 § 163. Immunity from Official Proscription, Etc.— 
 
 Section 120 is in the following words: 
 
 "Sec. 120. No officer or employee of the United States mentioned 
 in section one hundred and eighteen, shall discharge, or promote, or 
 degrade, or in any manner change the official rank or compensation 
 of any other officer or employee, or promise or threaten so to do, for 
 giving or withholding or neglecting to make any contribution of 
 money or other valuable thing for any political purpose." 
 
 § 164. Giving Money, Etc., to Officials for Political 
 Purposes Prohibited. — Section 121 of the new Code is as 
 follows: 
 
 "Sec. 121. No officer, clerk, or other person in the service of the 
 United States shall, directly or indirectly, give or hand over to any 
 other officer, clerk, or person in the service of the United States, or 
 to any Senator or Member of or Delegate to Congress, or Resident 
 Commissioner, any money or other valuable thing on account of or
 
 Offenses Relating To Official. Duties. .'I85 
 
 to be applied to the promotion of any political object whatever.'' 
 
 § 165. Penalty for Violating the Provisions of the 
 Four Preceding Sections. — Section 122 is in the following 
 words: 
 
 "Sec. 122. Whoever shall violate any provision of the four pre- 
 ceding sections shall be fined not more than five thousand dollars, or 
 imprisoned not more than three years, or both." 
 
 The above sections are taken from the First Volume of 
 the Supplements, 396, and were what was originally 
 known as the Civil Service Act. The case of the United 
 States vs. Thayer, in 154 Federal, 508, originated on that 
 portion of the original law which is now Section 119, 
 above quoted, and was a prosecution based upon the 
 sending of letters by mail to the Federal employes, so- 
 liciting political contributions for use by the Repub- 
 lican State Committee, such letters to be delivered to 
 such Federal employee in the Federal building at Dallas, 
 Texas. The lower Court held that the sending of such 
 a letter addressed to an Internal Revenue employee at 
 his office in the Federal Building, by a defendant who 
 was neither an officer nor an employee of the United 
 States, did not constitute an offense within the Act. The 
 Government sued out a writ of error under the new stat- 
 ute, authorizing the United States to go direct to the 
 Supreme Court of the United States under certain condi- 
 tions, and the Supreme Court of the United States re- 
 versed the judgment of the lower Court, and held that, 
 
 "solicitation by letter, intended to be received and read by an 
 Internal Revenue employee in the Post-office Building, and which was 
 so received and read in such building, is embraced by the provision 
 of the Civil Service Act now under discussion, that no person shall 
 in any room or building occupied in the discharge of official duties 
 by any officer or employee of the United States mentioned in such 
 Act, solicit 'in any manner whatever' or receive any contribution of 
 money or any other thing of value, for any political purpose what- 
 ever." 
 
 In the course of opinion, the Court says: 
 
 "The solicitation was made at some time, somewhere, The time 
 determines the place; it was not completed when the letter was ' 
 dropped into the post. If the letter had miscarried or been burned 
 the defendant would not have accomplished the solicitation. The court 
 below was misled by cases in which, upon an indictment for obtaining
 
 
 336 Fedeeal Ceiminal Law Peoceduee. 
 
 money by false pretenses, the crime was held to have been committed 
 at the place where drafts were put into the post by a defrauding 
 person, but these stand on the analogy of the acceptance by mail of 
 
 an officer, and throw no light Therefore, we repeat, until after 
 
 the letter had entered the building, the offense was not completed, 
 but when it had been read. The case was not affected by the nature 
 of the intended means by which it was put into the hands of the 
 person addressed. Neither can the case be affected by speculation as 
 to what the position would have been if the receiver had put the letter 
 in his pocket and had read it later, at home. Offenses usually de- 
 pend for their completion upon events that are not wholly within 
 the offender's control, and that may turn out in different ways." 
 U. S. vc. Thayer, 209 U. S. p. 39 
 
 In the case of United States vs. Smith, 163 Federal, 
 926, District Judge Jones held that the personal delivery 
 to a postmaster, in his office, of a sealed letter containing 
 a request for a contribution for a political campaign con- 
 stitutes a criminal offense under the Act under discus- 
 sion. 
 
 § 167. Government Officer, Etc., Giving Out Advance 
 Information Respecting Crop Reports.— The new Code, 
 at Section 123, contains an entirely new statute, which is 
 the fruit of stock exchanges and the alternate rage of 
 the American bull and bear, and is in the following- 
 words : 
 
 "Whoever, being an officer or employee of the United States or a 
 person acting for or on behalf of the United States in any capacity 
 under or by virtue of the authority of any Department or office 
 thereof, and while holding such office, employment, or position, shall, 
 by virtue of the office, employment or position held by him, become 
 possessed of any information which might exert an influence upon 
 or affect the market value of any product of the soil grown within 
 the United States, which information is by law or by the rules o£ 
 the Department or office required to be withheld from publication 
 until a fixed time, and shall wilfully impart, directly or indirectly, 
 such information, or any part thereof, to any person not entitled 
 under the law or the rules of the Department or office to receive the 
 same; or shall, before such information is made public through 
 regular official channels, directly or indirectly speculate in any such 
 product respecting which he has thus become possessed of such 
 information, by buying or selling the same in any quantity, shall 
 be fined not more than ten thousand dollars, or imprisoned not more 
 than ten years, or both: Provided, That no person shall be deemed 
 guilty of a violation of any such rule, unless prior to such alleged 
 violation he shall have had actual knowledge thereof."
 
 Offenses Relating To Official Duties. 337 
 
 § 168. Government Officer, Etc., Knowingly Compil- 
 ing or Issuing False Statistics Respecting Crops. — Sec- 
 tion 124 of the new Code is likewise pioneer legislation, 
 and is in the following words: 
 
 "Whoever, being an officer or employee of the United States, and 
 whose duties require the compilation or report of statistics or in- 
 formation relative to the products of the soil, shall knowingly compile 
 for issuance, or issue, any false statistics or information as a report 
 of the United States, shall be fined not more than five thousand dol- 
 lars, or imprisoned not more' than five years, or both." 
 
 § 169. Counterfeiting Weather Forecasts, Interfering 
 with Signals, Etc. — In the 33 Statute at Large, page 
 864, there was annexed to the Agricultural Department 
 Appropriation Act the following statute, with reference 
 to the protection and reliability of weather reports and 
 forecasts, including signals issued by and under the con- 
 trol of the Agricultural Department : 
 
 "Any person who shall knowingly issue or publish any counterfeit 
 weather forecasts or warnings of weather conditions, falsely repre- 
 senting such forecasts or warnings to have been issued or published 
 by the Weather Bureau or other branch of the Government Service, 
 or shall molest or interfere with any weather or storm flag or weath- 
 er map or bulletin displayed or issued by the United States Weather 
 Bureau, shall be deemed guilty of a misdemeanor, and on conviction 
 thereof, for each offense, be fined in the sum not exceeding five hun- 
 dred dollars, or imprisoned not to exceed ninety day», or be both fined 
 and imprisoned, in the discretion of the Court." 
 
 22
 
 CHAPTER VIII. 
 
 OFFENSES AGAINST OPERATIONS OF THE GOVERNMENT 
 
 170. New Code Generally Under This Head. 
 
 171. Forgery of Letters Patent. 
 
 172. Forging Bond, Bid, Public Record, Etc. 
 172a. Covers Civil Service Examination, Etc. 
 172b. False Claims Continued. 
 
 173. Forging Deeds, Powers of Attorney, Etc. 
 173a. Illustrative Cases. 
 
 174. Having Forged Papers in Possession. 
 
 175. False Acknowledgments. 
 
 176. Falsely Pretending to be a United States Officer. 
 176a. Intent to Defraud, Etc. 
 
 177. False Personation of Holder of Public Stocks. 
 
 178. False Demand or Fraudulent Power of Attorney. 
 
 179. Making or Presenting False Claims. 
 179a. Same, Continued. 
 
 180. Embezzling Arms, Stores, Etc. 
 
 181. Conspiracies to Commit Offenses Against the United States; 
 
 All Defendants Liable for Acts of One. 
 181a. Indictment. 
 181b. Conspiracy Continued. 
 
 182. Sufficiency of Description. 
 
 183. Venue. 
 
 183a. Special Charge on Venue. 
 
 184. Illustrative Cases. 
 
 184a. Illustrative Cases Continued. 
 
 185. Bribery of United States Officer. 
 185a. Officer — Meaning of. 
 
 186. Unlawful Taking or Using Papers Relating to Claims. 
 
 187. Persons Interested not to Act as Agents of the Government. 
 
 188. Enticing Desertions From the Military or Naval Service. 
 
 189. Enticing Away Workmen. 
 
 190. Injuries to Fortifications, Harbor Defenses, Etc. 
 
 191. Unlawful Entering Upon Military Reservation, Fort, Etc. 
 
 192. Robbery or Larceny of Personal Property of the United States. 
 
 193. Embezzling, Stealing, Etc., Public Property. 
 
 194. Receivers, etc., of Stolen Property. 
 
 195. Timber Depredation on Public Lands. 
 
 196. Timber, Etc., Depredation on Indian and Other Reservations. 
 
 197. Boxing, Etc., Timber on Public Lands for Turpentine, Etc. 
 
 198. Setting Fire to Timber on Public Lands. 
 
 199. Failing to Extinguish Fires. 
 
 200. Breaking Fence or Gate Enclosing Reserve Lands, or Driving 
 
 or Permitting Live Stock to Enter Upon. 
 
 (338)
 
 Against Operations of Government. 339 
 
 § 201. Injuring or Removing Posts or Monuments. 
 
 202. Interrupting Service. 
 
 203. Agreement to Prevent Bids at Sale of Lands. 
 
 204. Injuries to United States Telegraph, Etc., Lines. 
 
 205. Counterfeiting Weather Forecasts. 
 
 206. Interfering with Employees of Bureau of Animal Industry. 
 
 207. Forgery of Certificate of Entry. 
 
 208. Concealment or Destruction of Invoices, Etc. 
 
 209. Resisting Revenue Officers; Rescuing or Destroying Seized 
 
 Property, Etc. 
 
 210. Falsely Assuming to be Revenue Officers. 
 
 211. Offering Presents to Revenue Officers. 
 
 212. Admitting Merchandise to Entry for Less than Legal Duty. 
 
 213. Securing Entry of Merchandise by False Samples, Etc. 
 
 214. False Certification by Consular Officers. 
 
 215. Taking Seized Property from Custody of Revenue Officer. 
 
 216. Forging, Etc., Certificate of Citizenship. 
 
 216a. Cancellation of Illagally Secured Certificates of Citizenship. 
 
 217. Engraving, Etc., Plate for Printing or Photographing, Conceal- 
 
 ing or Bringing Into the United States, Etc., Certificate of 
 Citizenship. 
 
 218. False Personation, Etc., in Procuring Naturalization. 
 
 219. Using False Certificate of Citizenship or Denying Citizenship, 
 
 Etc. 
 
 220. Using False Certificate, Etc., as Evidence of Right to Vote. 
 
 221. Falsely Claiming Citizenship. 
 
 222. Taking False Oath in Naturalization. 
 222a. Oath Must be Material. 
 
 223. Provisions Applicable to all Courts of Naturalization. 
 223a. To Cancel Certificate. 
 
 224. Corporations, Etc., Not to Contribute Money for Political Elec- 
 
 tions, Etc. 
 
 § 170. In tlie new Criminal Code, which went into 
 effect January 1, 1910, there are fifty-eight sections, from 
 27 to 58 inclusive, which treat of various offenses under 
 the above general head, many of which sections will not 
 be considered herein, other than to copy them, and refer 
 to the old Section of the Revised Statutes of like nature, 
 for the reason that such offenses are scarcely ever com- 
 mitted. 
 
 § 171. Forgery of Letters Patent. — The Act of March 
 3, 1825, which became Section 5416 of the Revised Stat- 
 utes, and which the Court, in the case of United States 
 vs. Irwin, 5 McLean, 178, determined had repealed the 
 fourteenth section of the Act of April 30, 1790, which pro-
 
 'M'2 Federal Criminal Law Procedure. 
 
 made clear by the opinion in the case of United States vs. 
 Wentworth, 11 Federal, 52. 
 
 It is absolutely necessary that the indictment allege 
 that the acts were committed for the purpose of defraud- 
 ing the United States, and that the persons so committing 
 the offense had such intent; and if the facts completely 
 show upon their face that the result would not have been 
 a fraud upon the United States, or that the United States 
 could not have been defrauded, then and in that event, 
 no offense is plead. 
 
 In the case of United States vs. Barnhart, 33 Federal, 
 459, which grew out of a forged affidavit with reference 
 to the selection of certain Government lands, the Court 
 held that even though the affidavit was false and forged, 
 no offense was committed, for the reason that the affi- 
 davit could not be legally used before the Land Office or 
 before the Secretary of the Interior, for the reason that 
 those officers had theretofore superseded such affidavits; 
 hence, such affidavits could not be legally used to defraud 
 the United States. 
 
 In United States vs. Gowdy, 37 Federal, 333, the Court 
 held that a false affidavit in support of a pension would 
 support a prosecution hereunder, because the same was 
 in support of a claim against the Government, which 
 would have resulted in defrauding the Government. 
 
 In United States vs. Bunting, 82 Federal, 883, an ap- 
 plicant for a Government clerkship filed a sworn appli- 
 cation in the form required for an examination by the 
 Civil Service Commission, and was afterwards notified 
 by postal card to appear for examination at a time stated. 
 By previous arrangement, another person, impersonating 
 the applicant, presented himself for examination, and 
 filled out a paper known as the declaration sheet, which 
 contained questions concerning the applicant, and signed 
 the applicant's name thereto. The Court held that Sec- 
 tion 5418 covered such a case, and sustained the indict- 
 ment, and observed that the acts were an attempt to 
 prejudice the rights of the United States in the adminis- 
 tration of the Civil Service Statutes, and had the defend- 
 ant been successful, he would have obtained a privilege 
 which would have placed him in a favored class, and
 
 Against Operations of Government. 343 
 
 have entitled him to an advantage over others in the ap- 
 pointment to office, which privilege was a valuable one, 
 and would have been in prejudice of the Government. 
 
 In the case of Staton vs. United States, 88 Federal, 253, 
 the Circuit Court of Appeals for the Eighth Circuit, in 
 passing upon a case wherein the defendant had been con- 
 victed while a postmaster for making out his quarterly 
 accounts and forging the name of the Justice of the Peace 
 thereto, and thus pretending to show that he had taken 
 his oath to the correctness of his accounts before the 
 Justice of the Peace, and upon the trial of which the 
 defendant had contended that, as a matter of fact, his 
 accounts were just and true, and had thereupon requested 
 the trial court to instruct the jury that if, as a matter 
 of fact, his accounts were true and just, that then and in 
 that event the United States could not have been defraud- 
 ed, said: 
 
 "Inasmuch as the trial Court, in its charge, altogether ignored the 
 intent with which the acts complained of had been committed, and 
 instructed the jury that the accused was guilty of the crime of forg- 
 ery, if he signed the name of the Justice to his reports, .... it is 
 manifest that there was error." 
 
 The Court further said that the accused was entitled to 
 have the jury determine the intent involved, because it 
 was a ncessary ingredient of the offense charged in the 
 indictment, as to whether he had been actuated with an 
 intent to defraud the United States. 
 
 So, also, in the case of the United States vs. Ah Won, 
 97 Federal, 494, it was held that the making of a blank 
 form of a certificate of residence, such as when filed are 
 issued by the United States to Chinese and entitled them 
 to remain in the country, is not within Section 5418, mak- 
 ing it a crime to counterfeit any writing for the purpose 
 of defrauding the United States. 
 
 In United States vs. McKinley, 127 Federal, 166, the 
 Court held that the forgery of homestead applications 
 and affidavits with intent to thereby obtain title to public 
 lands of the United States, constitutes an offense under 
 Section 5418, although the land was described as in 
 Township 24 South of Range East, without naming the
 
 344 Federal Criminal Law Procedure. 
 
 meridiaD, where, in fact, all the townships in the state 
 are numbered from the same meridian, and the descrip- 
 tion was, therefore, sufficient to identify the lands to the 
 officers acting on the papers, and such papers were ca- 
 pable of effecting the intended fraud. 
 
 In the case of Neff vs. United States, 165 Federal, 273, 
 the Circuit Court of Appeals for the Eighth Circuit, held 
 that when a false instrument or affidavit is so palpably 
 and absolutely invalid that it cannot defraud or inflict 
 loss or injury under any circumstances, it may not form 
 the basis of a charge of forging it or of uttering it, or of 
 transmitting it, to the officer, to defraud the United 
 States; but if, under any contingency, it may have the 
 effect to deceive and defraud, it is sufficient to found a 
 conviction of such an offense upon. This decision arose 
 in a case where the defendant had forwarded to the of- 
 ficers of the Land Department affidavits that were forged 
 and false, which were erroneously received by the Land 
 Office, but which, if acted upon, would have caused the 
 issuance by the United States of a patent to the land, 
 which purchase could not have been successfully attacked 
 collaterally if the land had passed into the hands of an 
 innocent purchaser, and the United States would thereby 
 have been defrauded. 
 
 § 172a. Covers Civil Service Examination. — This stat- 
 ute is broad enough to make unlawful a fraudulent civil 
 service examination or the forging of a voucher in a bid. 
 Hass vs. Henkle, 216 U. S., 462; Curley vs. U. S., 130 
 Federal, 1; U. S. vs. Bunting, 82 Federal, 883; U. S. vs. 
 Plyler, 222 U. S., 15. It is not necessary that there should 
 be a pecuniary loss to the Government. Hass vs. Henkle, 
 216 U. S. 462. 
 
 Sec. 172b. False Claim, etc., Continued. 
 
 Sec. 28, above, will not support a prosecution for a 
 false claim if the claim was not forged; the prosecution 
 in such a case will be under Sec. 29, U. S. vs. Smith, 262 
 F. 191. 
 
 § 173. Forging Deeds, Powers of Attorney, Etc.— 
 Section 29 of the new Code, in the following words:
 
 Against Operations of Government. 345 
 
 "Whoever shall falsely make, alter, forge, or counterfeit, or cause 
 or procure to be falsely made, altered, forged, or counterfeited, or 
 willingly aid or assist in the false making, altering, forging, or coun- 
 terfeiting, any deed, power of attorney, order, certificate, receipt, con- 
 tract, or other writing, for the purpose of obtaining or receiving, or 
 of enabling any other person, either directly or indirectly, to obtain 
 or receive from the United States, or any of their officers or agents, 
 any sum of money, or whoever shall utter or publish as true, or cause 
 to be uttered or published as true, any such false, forged, altered, or 
 counterfeited deed, power of attorney, order, certificate, receipt, con- 
 tract, or other writing, with intent to defraud the United States, 
 knowing the same to be false, altered, forged, or counterfeited; or 
 whoever shall transmit to, or present at, or cause or procure to be 
 transmitted to, or presented at, any office or officer of the Government 
 of the United States, any deed, power of attorney, order, certificate 
 receipt, contract, or other writing, in support of, or In relation to, 
 any account or claim, with intent to defraud the United States, know- 
 ing the same to be false, altered, forged, or countered, shall be fined 
 not more than one thousand dollars and imprisoned not more than 
 ten years." 
 
 takes tlie place of old Section 5421, and contains all of the 
 elements of the old Section, and adds thereto the word 
 "contract," and changes the punishment, fixing a maxi- 
 mum fine and imprisonment. 
 
 Considered abstractly, the Section comprises three of- 
 fenses: first, the making of any forged or counterfeited 
 deed or other writing as therein enumerated for the 
 purpose of obtaining any sum of money from the United 
 States or any of its officers; second, the uttering of any 
 such forged or counterfeited paper, with the intent to 
 defraud the United States, knowing it to have been so 
 forged; third, the transmitting or presenting to any office 
 or officer of the Government any such writing, with 
 knowledge that it is false, or forged, with the intent to 
 defraud the United States. An indictment, therefore, 
 under either of the three parts, must contain the ele- 
 ments as above set out, and must specially plead the 
 intent and knowledge where requisite. So, likewise, a 
 bill that includes in one count allegations that set up 
 acts covering the entire statute, would be bad for du- 
 plicity. 
 
 In the case of United States vs. Fout, 123 Federal, 625, 
 District Judge Adams divided the statute as above in-
 
 346 Federal Criminal Law Procedure. 
 
 dicated. In the case of United States vs. Swan, 131 Fed- 
 eral, page 140, the same judge, in passing upon this stat- 
 ute, held that the forgery of an affidavit by a pensioner, 
 to be used in contesting his deserted wife's claims for 
 one-half of his pension, as authorized by the Act of March 
 3, 1899, was not a offense within old Section 5421, which 
 provided that any person who falsely forges any writing 
 for- the purpose of obtaining or receiving, or enabling 
 any other person, directly or indirectly, to receive from 
 the United States, any sum of money, shall be imprisoned, 
 etc., was not an offense thereunder. The decision is based 
 upon the ground that the purpose of Swan seemed to be 
 to make use of the forged writing to prevent his wife 
 from obtaining half of the pension, which had already 
 been allowed to him. He was, therefore, making no 
 claim against the United States for himself. His right 
 to a pension had already been established, and he, there- 
 fore, did not have the necessary intent under the statute 
 to obtain or receive from the United States, etc., any sum 
 of money. 
 
 Carrying out this distinction, the cases of United States 
 vs. Barney, 5 Blatchf., 294, and United States vs. Myler, 
 27 Federal Case No. 15849, can be read with profit, since 
 they hold that the first and second parts of the old sec- 
 tion, and, therefore, of course, of the new statute, are 
 confined to instruments designed to obtain money from 
 the United States, and a count alleging the forgery and 
 uttering of a certain false and fraudulent bond on the 
 exportation of distilled liquors charges no offense under 
 the section. To the same effect is the case of United 
 States vs. Reese, 4 Sawyer, 629, which held in substance 
 that an indictment for uttering and presenting as true to 
 the Board of Land Commissioners, a false writing pur- 
 porting to be a grant of certain described lands from the 
 Mexican Government, with intent to defraud the United 
 States, knowing the same to be false, was subject to de- 
 murrer on the ground that the section applied only to 
 instruments altered or forged for the purpose of obtain- 
 ing moneys from the United States or their officers or 
 agents. To the same effect is Staton vs. United States, 88 
 Federal, 253, where it was held that an indictment which
 
 Against Operations of Government. 347 
 
 alleged the signing of the name of a Justice of the Peace 
 to an affidavit, with the intent to defraud the United 
 States, charged no offense under the section. 
 
 In United States vs. Wilson, 28 Federal Case No. 16732, 
 it was held that the words "other writing" did not em- 
 brace a forged endorsement of a genuine instrument, as 
 the forgery to a bank check drawn by a Pension Agent 
 upon a depository of the United States. 
 
 In the case of the United States vs. Rohmstormm, 5 
 Blatchf., 222, it was held that a claim against the Gov- 
 ernment under this section need not be in favor of the 
 party presenting the false writing or instrument or paper 
 in support thereof. 
 
 In United States vs. Glasener, 81 Federal, 566, the 
 Court held that false statements in the certificate of a 
 notary public did not come within the provisions of the 
 section; to the direct contrary of which holding is the 
 case of the United States vs. Hartman, 65 Federal, 490, 
 the courts being of equal dignity. In that case, the Court 
 held that the statement in a certificate of something that 
 was not true, if taken with the intent and knowledge re- 
 quired by the statute, would authorize prosecution there- 
 under, and subject the offender to punishment. To the 
 same effect, is the decision in the case of United States 
 vs. Moore, 60 Federal, 738. 
 
 In the cases of United States vs. Wilcox, 4 Blatchf., 
 385, and United States vs. Bickford, 4 Blatchf., 337, it 
 was held that where a writing did not state all the facts, 
 if made with the intent to defraud denounced by the 
 statute, it would constitute an offense under this section. 
 It must be remembered, as a general proposition, that 
 the false statements so made must be material, just as 
 materiality is meant in a prosecution for perjury. Every 
 false oath is not perjury. United States vs. Corbin, 11 
 Federal, 238. 
 
 In the case of United States vs. Moore, 60 Federal, 738, 
 District Judge Cox in passing upon a demurrer to an 
 indictment under this section, says that, 
 
 "the authorities are unanimous in holding that the first paragraph 
 of this Section 5421 is a forgery, and not a perjury, statute. It pun-
 
 348 Federal Criminal Law Peoceduee. 
 
 ishes one who falsely makes an affidavit, and not one who makes a 
 false affidavit. The words of the statute are ejusdem generis, and are 
 the words usually adopted to describe the crime of forgery. False 
 making may almost be said to be synonymous with forging. United 
 States vs. Statts, 8 Howard, 41; U. S. vs. Barney, 5 Blatchf., 294; 
 U. S. vs. Wentworth, 11 Federal, 52; U. S. vs. Reese, 4 Sawyer, 629; 
 U. S. vs. Cameron, 4 Dakota, 141, 13 N. W., 561; State vs. Wilson, 28 
 Minnesota, 52, 9 N. W., 28; Mann vs. People, 15 Hun., 155; State 
 vs. Young, 46 N. H., 266; Commonwealth vs. Baldwin, 11 Gray, 197; 
 Barb. Criminal Law, 97; Wharton Criminal Law, 653. It is clear, 
 then, if the indictment merely charges the defendants with making 
 an affidavit which contains a false statement of fact, that the offense 
 cannot be punished under the paragraph quoted. For reasons stated 
 hereafter, it is thought that the indictment is defective under any 
 construction of the statute; but assuming now that it contains a full 
 and clear statement of the acts of omission and commission attend- 
 ing the fabrication of the affidavit and jurat, it amounts only to an 
 averment that the notarial certificate is false. The names signed to 
 the affidavit and jurat are all genuine. No part of the affidavit has 
 been altered, forged, or counterfeited. In short, tvie certificate con- 
 tains a number of false statements. It is a false certificate, but not 
 a forged certificate. No authority has been cited or found by the 
 Court, holding that a notary who signs a certificate containing un- 
 truthful statements, is guilty under a forgery statute. The statute 
 must be construed strictly, and until such authority is presented, 
 I shall hold that the paragraph quoted does not cover such an offense.'' 
 
 Of course, the indictment must allege that the forged 
 or altered paper was transmitted to the officer of the 
 Government in support of, or in relation to, a pending 
 claim. In other words, it must appear that there was an 
 account or claim against the United States. United States 
 vs. Kessell, 62 Federal, 59. See also U. S. vs. Albert, 45 
 Federal, 552; United States vs. Kuentsler, 74 Federal, 
 220; United States vs. Hansee, 79 Federal, 303; De Lemos 
 vs. United States, 91 Federal, 497. 
 
 In De Lemos vs. United States, 91 Federal, 499, the 
 case arose by reason of the forgery of an endorsement to 
 a genuine Government draft, and the Circuit Court of 
 Appeals for the Fifth Circuit held that an indictment, to 
 be good under 5421, on such a state of facts, should lay 
 the charge on the endorsement, and not on the draft be- 
 cause it was the endorsement that was forged, and not 
 the draft. 
 
 Sec. 173a. Illustrative Cases.
 
 Against Operations of Government. 349 
 
 U. S. vs. Smith, 262 F.491; U. S. vs. Davis. 231 U. S. 
 183. These cases are illustrative of prosecution- under 
 Sec. 29. 
 
 § 174. Having Forged Papers in Possession.— Section 
 30 of the new Code is in the following words: 
 
 "Sec. 30. Whoever, knowingly and with intent to defraud the 
 United States, shall have in his possession any false, altered, forged, 
 or counterfeited deed, power of attorney, order, certificate, receipt, 
 contract, or other writing, for the purpose of enabling another to 
 obtain from the United States, or from any officer or agent thereof, 
 any sum of money, shall be fined not more than five hundred dollars. 
 or imprisoned not more than five years, or both." 
 
 The new section fixes a maximum punishment, and con- 
 tains the word "contract." The old statute 5422 left the 
 punishment to the discretion of the Court. These are 
 the only two differences between the old and the new. 
 
 § 175. False Acknowledgments. — Section 31 of the 
 new Code reads as follows: 
 
 "Sec. 31. Whoever, being an officer authorized to administer oaths 
 or to take and certify acknowledgments, shall knowingly make any 
 false acknowledgment, certificate, or statement concerning the ap- 
 pearance before him or the taking of an oath or affirmation by any 
 person with respect to any proposal, contract, bond, undertaking, or 
 other matter, submitted to, made with, or taken on behalf of, the 
 United States, and concerning which an oath or affirmation is require t 
 by law or regulation made in pursuance of law, or with respect to 
 the financial standing of any principal, surety, or other party to any 
 such proposal, contract, bond, undertaking, or other instrument, shall 
 be fined not more than two thousand dollars, or imprisoned not more 
 than two years, or both." 
 
 This is an entirely new section. In the 1909 Supple- 
 ment of the Federal Statutes annotated, it is said in 
 speaking of this section, that, 
 
 "This section is new. As originally drafted, it was designed to 
 reach officers making false acknowledgments in contracts, etc , with 
 the Post-office Department, that department having strongly recom- 
 mended such a section, in order to put a stop to abuses which fre- 
 quently occured with respect to mail and othen contracts. The Com- 
 mittee on Revision of Laws approved the recommendation, and broad- 
 ened the section so as to punish false acknowledgments with respect 
 to any contract made with or on behalf of the Government."
 
 350 Federal Criminal Law Procedure. 
 
 This statute would seem to answer the cases cited under 
 Section 29, which held that a false certificate of a notary 
 was not punishable. 
 
 § 176. Falsely Pretending to be a United States Offi- 
 cer. — Section 32 of the new Code, in the following words: 
 
 "Whoever, with intent to defraud either the United States or any 
 person, shall falsely assume or pretend to be an officer or employee 
 acting under the authority of the United States, or any department, 
 or any officer of the Government thereof, and shall take upon him- 
 self to act as such, or shall in such pretended character demand or 
 obtain from any person or from the United States, or any department, 
 or any officer of the Government thereof, any money, paper, document, 
 or other valuable thing, shall be fined not more than one thousand 
 dollars, or imprisoned not more than three years, or both," 
 
 contains a general statute, which was originally a special 
 statute against one falsely representing himself to be a 
 Revenue Officer, as set out in old Section 5448. This 
 section was amended in the 23 Statute at Large, page 11, 
 Chapter 26, First Supplement 425, and passes into the 
 new Code as shown above. 
 
 In the case of the United States vs. Ballard, 118 Fed- 
 eral, 757, District Judge Phillips, in passing upon an in- 
 dictment drawn under the above mentioned amendment, 
 held that this statute covered the obtaining of some 
 valuable thing by means of the fraudulent standing or 
 credit secured by holding one's self out as such an officer, 
 and that a month's lodging is a valuable thing within 
 the meaning of the law. 
 
 The opinion sets out the indictment that was being 
 passed upon, which charges that the defendant pretended 
 to be a Deputy United States Marshal, and in such pre- 
 tended character, did demand and obtain from Julia Eg- 
 geling a thing of value, to wit, lodging of the value of 
 twenty dollars. A second count therein pleads the same 
 fact in a different manner. While the indictment is in 
 general terms, the Court, in passing thereon, upon ob- 
 jection, held that the offense was statutory, and a bill 
 sufficiently describes the same, which follows the lan- 
 guage of the statute and describes in addition thereto 
 the act that was done to constitute the offense.
 
 Against Operations of Government. 351 
 
 Judge Adams, in United States vs. Taylor, 108 Federal, 
 held that the section created two offenses, the first of 
 which included as an essential element, the use of such 
 assumed position to extort money or property by wrong- 
 fully asserting a pretended claim of the United States, 
 and the second comprehending the extortion of money 
 not under the guise of asserting a claim due the United 
 States, but including the holding out of the offender as 
 an officer for the purpose of giving him such credit as 
 will entitle him to successfully demand money from an- 
 other for his private use, with intent to defraud, and. 
 therefore, an indictment charging that the defendant 
 feloniously, with the intent to defraud H., did falsely as- 
 sume and pretend to be an officer acting under the authori- 
 ty of the United States Treasury Department, and did then 
 and there feloniously, and with intent to defraud said 
 H., take upon himself to act as such officer, and as a part 
 of the same sentence including the charge, "and did then 
 and there in such assumed and pretended character as 
 such officer, demand and receive the sum of ten dollars, ' ; 
 was demurrable for duplicity. Judge Simonton, in charg- 
 ing the jury under this statute, told them that it was 
 necessary to find that the defendant assumed to be the 
 officer mentioned in the indictment; that such assump- 
 tion was false; that he made such false assumption with 
 the intent to defraud; and that he carried out such intent. 
 That was in the case of United States vs. Curtain, 43 
 Federal, 433, which was an indictment growing out of 
 one pretending to be a Post-office Inspector, and in such 
 pretended capacity, visited a postmaster, and charged 
 him with an illegal sale of stamps, which illegal sale the 
 postmaster admitted; whereupon, the imposter received 
 one hundred fifty dollars from the postmaster, giving hi in 
 a receipt in full for the stamps illegally used, and signing 
 it as Post-office Inspector. The same judge in United 
 States vs. Bradford, 53 Federal, 542, charged the jury to 
 find the defendant not guilty upon the following state 
 of facts: A Postal Clerk was in his postal car, assorting 
 his mail, and he discovered Bradford concealed in a cor- 
 ner of the car. He sprang and seized him by the collar. 
 The defendant at once said, "lam Bradford, and in the
 
 352 Federal Criminal Law Procedure. 
 
 service." The Postal Clerk denied that he was in the 
 service, and Bradford then said, "I have been discharged, 
 but am trying to steal a ride to Florence. ' ' The facts not 
 showing that Bradford claimed at the time to be an 
 employee of the United States, he was not guilty of a 
 violation of this section. 
 
 In United States vs. Farnham, 127 Federal, 478, Dis- 
 trict Judge McPherson set aside a conviction, and dis- 
 charged the defendant, in a case under this statute, which 
 showed the following facts: The defendant, while stop- 
 ping at the prosecutor's hotel as a guest, falsely repre- 
 sented himself to the prosecutor as a Secret Service op- 
 erative in the employ of the Government, and exhibited 
 to the prosecutor a metal badge, inscribed, ' ' Secret Serv- 
 ice, U. S." Ten months thereafter, the defendant re- 
 turned, and represented himself as a traveling salesman, 
 spending several days at the hotel. Prosecutor believed 
 defendant to be a Free Mason, and took special care of 
 him during sickness on that account, after which the 
 defendant presented a check which he alleged had been 
 signed by his employer in payment of his salary, and 
 obtained seventy dollars thereon from prosecutor. The 
 check was drawn on a bank which did not exist; was 
 returned unpaid, and the prosecutor declared that he 
 cashed the check because he continued to believe that the 
 defendant was a Secret Service operative. 
 
 In discharging the defendant, the Court held that the 
 facts were not sufficient to sustain a conviction for pre- 
 tending to be an employee of the United States, and as 
 such, knowingly and feloniously obtaining from another 
 a sum of money, etc. 
 
 § 176a. Intent to Defraud, Etc. — The intent to de- 
 fraud is an essential element of Section 32, hence one 
 would not be guilty under it who induces another to 
 purchase certain books through representations that the 
 seller was an employee acting under the authority of the 
 United States, if the purchaser was not defrauded but 
 had received just what he bargained for. U. S. vs. Rush, 
 196 Federal, 580. There must really be an officer such as 
 is personated and one who sells a book as an U. S. officer
 
 Against Operations of Government. 353 
 
 by representing that the money therefor goes into U. S. 
 Treasury is not guilty under this section. U. S. vs. Bar- 
 now, 221 Federal, 140. 
 
 Sec. 176 b. Falsely Pretending to be United States 
 Officer Continued. 
 
 A detective who pretends to be an officer in order to 
 arrest sailors for whom reward was offered violates the 
 foregoing statute, Reeder vs. U. S., 252 F. 21. 
 
 It is an offense under this section even though there 
 be no such officer as that pretended, U. S. vs. Barrow, U. 
 S. Sup. Ct. Oct. 1915. 
 
 A congressman is such an "officer" as is protected by 
 this statute, Lamar vs. U. S., Sup. Ct. Oct. 1915. 
 
 It is unlawful to use the name of any government offi- 
 cer in advertising and practicing before any United 
 States department, but there is no penalty therefor, see 
 Act April 27, 1916, under head false personation. 
 
 It is an offense under this section even though whiskey 
 is received and even though one already is an officer of 
 the United States, Russell vs. U. S., 271 F. 684. 
 
 In the foregoing case the Circuit Court of Appeals said 
 that the act should be construed in harmony with its aim 
 which is not merely to protect innocent persons from 
 actual loss, but to maintain the general good repute and 
 dignity of the federal service itself. 
 
 The substance of the offense is the various exemptions 
 of federal authorities when accompanied with fraudulent 
 intent and an indictment need not allege that the defend- 
 ant pretended to be any particular officer but it is suffi- 
 cient to change that he claimed authority under the Unit- 
 ed States, 248 F. 873, Roberts vs. U. S., 
 
 § 177. False Personation of Holder of Public Stocks. 
 —Section 33 of the new Code, which re-enacts old Section 
 5435, is in the following words: 
 
 "Sec. 33. Whoever shall falsely personate any true and lawful 
 holder of any share or sum in the public stocks or debt of the United 
 States, or any person entitled to any annuity, dividend, pension, prize 
 money, wages, or other debt due from the United States, and, under 
 color of such false personation, shall transfer or endeavor to transfer 
 such public stock or any part thereof, or shall receive or endeavor to 
 receive the money of such true and lawful holder thereof, or the 
 
 23
 
 354 Federal Criminal Law Procedure. 
 
 money of any person really entitled to receive such annuity, dividend, 
 pension, prize money, wages, or other debt, shall be fined not more 
 than five thousand dollars, and imprisoned not more than ten years." 
 
 § 178. False Demand or Fraudulent Power of Attor- 
 ney. — Old Section 5436 is displaced by the new Code in 
 Section 34, as follows: 
 
 "Sec. 34. Whoever shall knowingly or fraudulently demand or en- 
 deavor to obtain any share or sum in the public stocks of the United 
 States, or to have any part thereof transferred, assigned, sold, or 
 conveyed, or to have any annuity, dividend, pension, prize money, 
 wages, or other debt due from the United States, or any part thereof, 
 received, or paid by virtue of any false, forged, or counterfeited power 
 of attorney, authority, or instrument, shall be fined not more than 
 five thousand dollars, and imprisoned not more than ten years." 
 
 § 179. Making or Presenting False Claims. — Sec- 
 tion 5438 of the old statutes is replaced by Section 35 of 
 the new Code, in the following words: 
 
 "Sec. 35. Whoever shall make or cause to be made, or present or 
 cause to be presented, for payment or approval, to or by any person or 
 officer in the civil, military, or naval service of the United 
 States, any claim upon or against the Government of the United 
 States, or any department, or officer thereof, knowing such claim to be 
 false, fictitious, or fraudulent; or whoever, for the purpose of obtain- 
 ing, or aiding to obtain the payment or approval of such claim, shall 
 make or use, or cause to be made or used, any false bill, receipt, voucher 
 roll, account, claim, certificate, affidavit, or deposition, knowing the 
 same to contain any fraudulent or fictitious statement or entry; or 
 whoever shall enter into any agreement, combination, or conspiracy 
 to defraud the Government, of the United States, or any department 
 or officer thereof, by obtaining or aiding to obtain the payment 
 or allowance of any false or fraudulent claim; o^ whoever, hav- 
 ing charge, possession, custody, or control of any money or other pub- 
 lic property used or to be used in the military or naval service, with 
 intent to defraud the United States, or wilfully to conceal such money 
 or other property, shall deliver or cause to be delivered, to any other 
 person having authority to receive the same, any amount of such 
 money or other property less than that for which he received a certi- 
 ficate or took a receipt; or whoever, being authorized to make or 
 deliver any certificate, voucher, receipt, or other paper certifying the 
 receipt of arms, ammunition, provisions, clothing, or other property 
 so used or to be used, shall make or deliver the same to any other 
 person without full knowledge of the truth of the facts stated therein, 
 and with intent to defraud the United States, shall be fined not more 
 than five thousand dollars, or imprisoned not more than five years.
 
 Against Operations of Government. 355 
 
 or both. And whoever shall knowingly purchase or receive in pledge 
 for any obligation or indebtedness from any soldier, officer, sailor, or 
 other person called into or employed in the military or naval service, 
 any arms, equipments, ammunition, clothes, military stores, or other 
 public property, whether furnished to the soldier, sailor, officer, or 
 other person under a clothing allowance or otherwise, such soldier, 
 sailor, officer, or other person not having the lawful right to pledge 
 or sell the same, shall be fined not more than five hundred dollars, 
 and imprisoned not more than two years." 
 
 This section contains several offenses, and sets out two 
 different punishments. It is necessary, in alleging an of- 
 fense under the first portion of the section that there be 
 an averment that the false claim, etc., was made for he 
 purpose of being presented; in other words, a false claim 
 that was not made for such a purpose is not inhibited by 
 the statute. In prosecutions under this portion of the 
 statute, it is not necessary to set out the name of the officer 
 or person to whom the claim was presented, if such per- 
 son be sufficiently designated by his position, as First 
 Auditor of the Treasury. So, also, different items of the 
 account may all be included in one count of the indict- 
 ment. United States vs. Ambrose, 2 Federal, 764. 
 
 In United States vs. Coggin, 3 Federal. 492, the Court 
 held that old Section 5438 includes a false claim presented 
 by a person as a pensioner, demanding money as a pen- 
 sioner. In that case, the defendant, by fraud, secured a 
 pension certificate from the Government, and thereby had 
 his name entered on the pension roll. This certificate he 
 presented to the Pension Agent, and obtained money 
 from the United States. The indictment alleged that the 
 grounds upon which the application was sustained before 
 the Commissioner of Pensions and his name entered upon 
 the list of pensioners, were all false, fictitious, and frau- 
 dulent, and that in fact he was not injured at the battle at 
 Corinth in any way, and was not entitled to a pension. 
 The Court held that the facts alleged were sufficient to 
 constitute an offense under that section. 
 
 In the case of United States vs. Hull, 14 Federal, 324, it 
 was held by a District Court, that the section was not 
 limited in its operation to false claims presented by the 
 accused on his own behalf, but applied as well to such 
 claims presented by an attorney, agent, officer, or other
 
 356 Federal Criminal Law Procedure. 
 
 person presenting or aiding in the collection of a false 
 claim, knowing it to be false. Of course, the allegation of 
 "knowledge" is absolutely necessary, as is also the proof. 
 An indictment under this section that the defendant "pre- 
 sented and caused to be presented," is not bad for duplic- 
 ity, because the statute employs the disjunctive "or" in- 
 stead of "and." In United States vs. Franklin, 174 Fed- 
 eral, 161, the same question was passed upon, and the 
 Court held that an indictment was not bad for duplicity 
 because it charges that the accused "made and pre- 
 sented." In the Franklin case the indictment, which set 
 out the claim showing it to be an itemized account, and 
 averred that certain sums charged therein "should have 
 been" certain smaller sums, sufficiently shows wherein 
 the claim is false and fraudulent. In that case it was al- 
 leged that the fraudulent claim was against the War De- 
 partment of the United States, and described the officer 
 to whom the claim was presented as a Brigadier-General 
 in the Army, and Superintendent of the Military Academy 
 at West Point, and alleged that he was an officer author- 
 ized to approve such claim. Held, that such allegation 
 was sufficient to show authority. Affirmed by U. S. Su- 
 preme Court, March 14, 1910. 
 
 The case of United States vs. Ingraham, 49 Federal, 
 155, was an indictment for presenting for payment and 
 approval to the Third Auditor of the Treasury Depart- 
 ment of the United States of America, a certain claim 
 against the Government of the United States, and also in 
 the second count for using a false affidavit in support 
 thereof. An objection of uncertainty, charging no offense 
 and duplicity, was overruled by the trial court, and the 
 same questions were presented to the Supreme Court in 
 the same case, reported in 155 U. S., page 436; 39 Law 
 Ed., page 213, and the conviction was affirmed, the Court 
 holding that it was not error, of course, to join distinct of- 
 fenses of the same class in one indictment in separate 
 counts, and that a paper presented to the Third Auditor 
 of the Treasury of the United States, in support of a claim 
 against the Government, purporting to be an affidavit cer- 
 tified to by a Justice of the Peace, is admissible in evi-
 
 Against Operations op Government. 357 
 
 dence without formal proof that he had been duly com- 
 missioned and qualified as a Justice of the Peace, and 
 that the person indicted for presenting for payment a 
 false and fictitious claim to the Auditor of the Treasury, 
 and using a false affidavit in support thereof, if he knew 
 it to be false, is not the less guilty because the person pur- 
 porting to be a Justice of the Peace before whom the affi- 
 davit was sworn to, had not been commissioned as such, 
 and was not entitled to administer an oath. 
 
 In the case of United States vs. Michael, 153 Federal, 
 609, Judge Maxey instructed the jury that the receiving 
 in pledge by a civilian from a soldier, of clothing issued to 
 the latter, during the term of his enlistment, does not con- 
 stitute a penal offense within Revised Statutes 5438, pro- 
 viding that every person who purchases or receives in 
 pledge from a soldier any arms, equipment, ammunition, 
 clothing, military stores, or other public property, such 
 soldier not having the lawful right to pledge or sell the 
 same, shall be imprisoned, etc., since the clothing, on be- 
 ing issued to the soldier, becomes his individual property, 
 and ceases to belong to the United States. In conflict 
 with this opinion, seems to be the case of United States vs. 
 Koplik, 155 Federal, 919, in which Judge Chatfield holds 
 that it is not a defense to a prosecution under such stat- 
 ute, 5438, for receiving property in pledge from a soldier 
 while in the service, that such property consisted of cloth- 
 ing which he had paid for out of his clothes allowance, or 
 which had been charged against it. The policy of the 
 statute seems to be best served by Judge Chatfield 's de- 
 cision. In United States vs. Hart, 146 Federal, 202, a de- 
 cision of District Judge Bethea seems in a measure to 
 support Judge Chatfield 's construction of the statute. It 
 is there said: 
 
 "On motion to take from the jury, the question arose as to whether 
 certain articles of clothing, namely, caps, gloves, shoes, and goods 
 which had been issued to soldiers in the service of the United States, 
 and by them sold and pledged to the defendant, are public property 
 under Section 5438 of the Revised Statutes. Clothing is issued to 
 soldiers of the United States for use by them in the capacity of sol- 
 diers. The Government determines the character, quality, and kind 
 of clothing to be issued to the soldiers; and when the clothing i3
 
 358 Federal Criminal Law Procedure. 
 
 issued, although it is charged against the soldiers on their clothing 
 account, they receive but a qualified interest therein." 
 
 The Seventeenth Article of War punishes the soldier by 
 Court Martial if he loses or spoils his clothing or accou- 
 trements, and Section 3748 authorizes the Government to 
 seize such property wherever found. This would indi- 
 cate that the title to clothing issued to soldiers remains in 
 the United States. 
 
 The case of United States vs. Smith, 156 Federal, 859, 
 while it is a prosecution under the same portion of the 
 statute, does not raise or discuss the conflict noted in the 
 above two cases. Judge Hanford, in the Smith case, in 
 charging the jury, says : 
 
 "You will observe that the provisions of this statute, 5438, apply to 
 persons who knowingly purchase or receive in pledge any of the kinds 
 of property described here from a soldier, officer, or sailor in the 
 service of the United States. The elements of the crime are guilty 
 knowledge, and the actual purchase of and receiving in pledge the 
 kind of property named, and receiving it from a person in the military 
 service of the United States. All those tilings are necessary to be 
 proven, in order to make out a criminal case, The guilty knowledge 
 that is a necessary element of the crime is not knowledge that the act 
 is unlawful. The law does not permit ignorance of the provisions of 
 the law to avail as a defense in any case, but the knowledge must be 
 knowledge of the facts — knowledge that the property offered for sale 
 or pledge is the military stores or property of the United States — that 
 is, arms, clothing, or property that is provided by the United States 
 for use in the military service, and knowledge that the person offering 
 to sell or to pledge it is a person in the military service at the time." 
 
 It must be borne in mind that Sections 3748 and 1242 of 
 the old statutes in short make the possession of such prop- 
 erty of the United States by a person not in the service of 
 the United States, prima facie evidence that it had been 
 sold or pledged. 
 
 Other cases bearing upon the statute in its entirety, 
 are the following: United States vs. Daubner, 17 Fed- 
 eral, 793; U. S. vs. Russell, 19 Federal, 591; U. S. vs. Gris- 
 wold, 24 Federal, 361; U. S. vs. Frisbie, 28 Federal, 808; 
 U. S. vs. Ehodes, 30 Federal, 431; U. S. vs. Griswold, 30 
 Federal, 604, also same Volume, 762; U. S. vs. Reichurt, 
 32 Federal, 142; U. S. vs. Jones, 32 Federal, 482; U. S. vs.
 
 Against Operations of Government. 359 
 
 Eoute, 33 Federal, 246; TJ. S. vs. Gowdy, 37 Federal, 332; 
 U. S. vs. Wallace, 40 Federal, 144; U. S. vs. Newton, 48 
 Federal, 218; U. S. vs. Strobach, 48 Federal, 902; U. S. vs. 
 Adler, 49 Federal, 733; U. S. vs. Van Leuven, 62 Federal, 
 62; U. S. vs. Hartman, 65 Federal, 490; Rhodes vs. U. S., 
 79 Federal, 740; Dimmick vs. U. S., 116 Federal, 825; IT. 
 S. vs. Lair, 118 Federal, 98; Pooler vs. U. S., 127 Federal, 
 509; Franklin vs. U. S., U. S. Sup. Ct., Oct., 1909, term. 
 
 In Bridgeman vs. United States, 140 Federal, 577, the 
 Circuit Court of Appeals for the Ninth Circuit held that 
 inasmuch as the statutory provisions and rules and regu- 
 lations of the Indian Department required accounts and 
 vouchers for claims and disbursements connected with 
 Indian affairs to be transmitted to the Commissioner of 
 Indian Affairs, that a transmission to such commissioner 
 by an agent of the Department, of a false voucher, etc., 
 was an offense under 5438. This case also authorizes the 
 use of the words "making and presenting," as was con- 
 sidered to be correct in the cases cited above. Two of the 
 counts in that indictment are set out in the decision and 
 approved by the Court, as is also the full charge of the 
 trial judge. 
 
 Sec. 179 a. Making or Presenting False Claims Con- 
 tinued. 
 
 By Act of Oct, 23, 1918, C. 194, Sec. 35, above, was 
 amended to read as follows : — 
 
 "Whoever shall make or cause to be made or present or cause to 
 be presented, for payment or approval, to or by any person or offi- 
 cer in the civil, military, or naval service of the United States, or 
 any department thereof, or any corporation in which the United 
 States of America is a stockholder, any claim upon or against the 
 Government of the United States, or any department or officer thereof, 
 or any corporation in which the United States of America is a stock- 
 holder, knowing such claim to be false, fictitious, or fraudulent; or 
 whoever, for the purpose of obtaining or aiding to obtain the payment 
 or approval of such claim, or for the purpose and with the intent of 
 cheating and swindling or defrauding the Government of the United 
 States, or any department thereof, or any corporation in which the 
 United States of America is a stockholder, shall knowingly and wil- 
 fully falsify or conceal or cover up by any trick, scheme, or device 
 a material fact, or make or cause to be made any false or fraudulent 
 statements or representations, or make or use or cause to be made 
 or used any false bill, receipt, voucher, roll, account, claim, certificate,
 
 ^•60 Federal Criminal Law Procedure. 
 
 * 
 
 affidavit, or deposition, knowing the same to contain any fraudulent 
 or fictitious statement or entry; or whoever shall take and carry 
 away or take for his own use, or for the use of another, with intent 
 to steal or purloin, any personal property of the United States, or 
 any branch or department thereof, or any corporation in which the 
 United States of America is a stockholder; or whoever shall enter 
 into any agreement, combination, or conspiracy to defraud the Gov- 
 ernment of the United States, or any department or officer thereof, 
 or any corporation in which the United States of America is a stock- 
 holder, by obtaining or aiding to obtain the payment or allowance 
 of any false or fraudulent claim; and whoever, having charge, pos- 
 session, custody, or control of any money or other public property 
 used or to be used in the military or naval service, with intent to de- 
 fraud the United States, or any department thereof, or any corporation 
 in which the United States of America is a stockholder, or wilfully 
 to conceal such money or other property, shall deliver or cause to be 
 delivered to any person having authority to receive the same any 
 amount of such money or other property less than that for which he 
 received a certificate or took a receipt; or whoever, being authorized 
 to make or deliver any certificate, voucher, receipt, or other paper 
 certifying the receipt of arms, ammunition, provisions, clothing, or 
 other property so used or to be used, shall make or deliver the same 
 to any other person without a full knowledge of the truth of the facts 
 stated therein and with intent to defraud the United States, or any de- 
 partment thereof, or any corporation in which the United States of 
 America is a stockholder, shall be fined not more than $10,000 or im- 
 prisoned not more than ten years, or both. And whoever shall pur- 
 chase, or receive in pledge, from any person any arms, equipment, 
 ammunition, clothing, military stores, or other property furnished by 
 the United States, under a clothing allowance or otherwise, to any 
 soldier, sailor, officer, cadet, or midshipman in the military or naval 
 service of the United States or of the National Guard or Naval Militia, 
 or to any person accompanying, serving, or retained with the land or 
 naval forces and subject to military or naval law, having knowledge 
 or reason to believe that the property has been taken from the pos- 
 session of the United States or furnished by the United States under 
 such allowance, shall be fined not more than $500 or imprisoned not, 
 more than two years, or both." 
 
 For cases bearing upon some phase of the statute see 
 U. S. vs. Christopherson, 261 F. 225; Bolland vs. U. S., 
 238 F. 529. 
 
 § 180. Embezzling Arms, Stores, Etc. — As a compan- 
 ion to the section treated above, appears Section 36 in the 
 new Code, which displaces old Section 5439, and is in the 
 following words:
 
 Against Operations of Government. 36] 
 
 "Sec. 36. Whoever shall steal, embezzle, or knowingly apply to his 
 own use, or unlawfully sell, convey, or dispose of, any ordnance, arms, 
 ammunition, clothing, subsistence, stores, money, or other property 
 of the United States, furnished or to be used for the military or naval 
 service, shall be punished as prescribed in the preceding section."' 
 
 As somewhat enlightening upon the question as to what 
 steps one should take in order to be in the military service 
 of the United States, may be read the case of Johnson vs. 
 Sayre, 158 U. S., 109. In that particular case, the Court 
 held that a postmaster's clerk in the navy, appointed 
 by the Secretary of the Navy with the approval of the 
 President, is in the naval service of the United States; 
 but in the reasoning of the opinion will be found a number 
 of authorities and reasons that apply to other conditions. 
 
 Section 36 above quoted occupies the same position to 
 Section 35 as old Section 5439 did to old Section 5438, 
 and, therefore, the observation of District Judge Swing, 
 in the case of United States vs. Murphy, 9. Federal, page 
 26, is applicable and pertinent. In that case the indict- 
 ment was drawn under Section 5439. It contained two 
 counts, charging that the defendant had applied to his 
 own use an overcoat, which had been issued to an inmate 
 of the National Military Home at Dayton, to be used by 
 him for the military service of the United States. A de- 
 murrer to the bill raised the question whether clothing so 
 issued to inmates of that institution was within the pro- 
 hibition of that section. The Court said: 
 
 "The preceding section (5438) prohibits the purchase of clothing, 
 etc., from any soldier or other person called into or employed in the 
 military service of the United States, such soldier or person not hav- 
 ing the lawful right to sell the same. This section (5439), then, 
 prohibits any person from knowingly applying to his own use any cloth- 
 ing or other property of the United States, furnished or to be furnished 
 for the military service. Under Section 5438, the clothing must be pur- 
 chased from a person 'in the military service;' under Section 5439, 
 it must be clothing or other property of the United States 'furnished 
 or to be used for the military service.' The indictment, it is true, 
 charges in one count that the overcoat in question was 'furnished for 
 the military service,' and in the other that it was 'to be used for the 
 military service;' but in each it appears it had been issued to an in- 
 mate of the home. It is claimed in argument on behalf of the Govern- 
 ment that these military homes are a part of the military establish-
 
 ?62 Fedeeal Criminal Law Procedure. 
 
 ment, and clothing issued to the inmates is furnished and used for 
 the military service. It is clear that the inmates of these homes are 
 not in the military service. It is not claimed that Section 5438 ap- 
 plies to the purchase of clothing from them; nor do I think that the 
 clothing issued to them is used in the military service of the United 
 States. Congres could probably prohibit the purchase or clothing 
 from these inmates, and punish any one applying it to other purposes 
 than for which it is issued; ) but the law in force does not apply to it, 
 and a demurrer must be sustained." 
 
 Sec. 180 a, Embezzling, Arms, Stores, etc., Continued. 
 
 The Circuit Court of Appeals for the 5th Circuit holds 
 that Sec. 36 is ineffective because of two punishments, 
 Apr. 1920; to the same effect as Holmes vs. U. S., 267 F. 
 529. 
 
 § 181. Conspiracies to Commit Offenses Against the 
 United States; All Defendants Liable for Acts of One. — 
 
 One of the most useful and comprehensive statutes in the 
 old revision was Section 5440, which is re-enacted in the 
 new Code in Section 37, in the following terms: 
 
 "Sec. 37. If two or more persons conspire either to commit any 
 offense against the United States, or to defraud the United States in 
 any manner or for any purpose, and one or more 01? such parties do 
 any act to effect the object of the conspiracy, each of the parties to 
 such conspiracy shall be fined not more than ten thousand dollars, or 
 imprisoned not more than two years, or both." 
 
 The old and the new sections are practically identical 
 with the single exception that there is no minimum pun- 
 ishment under the latter. Indictments under this statute 
 must comprehend in allegation, not only whatever aver- 
 ments are necessary under it, but also the necessary al- 
 legations and ingredients of the offense or statute for 
 which the conspiracy was formed. An indictment that 
 fails to set out the elements of the offense conspired to 
 be committed is bad. A conspiracy as commonly under- 
 stood, is a corrupt agreeing together of two or more per- 
 sons to do, by concerted action, something unlawful, 
 either as a means or an end. The word "corrupt," as 
 used, means unlawful. The intendment of this defini- 
 tion is that to conspire to do an unlawful act; or to 
 conspire to accomplish a result which may in itself be
 
 Against Operations of Government. 363 
 
 lawful, but to do it in an unlawful manner; or an unlaw- 
 ful agreement to accomplish an unlawful result, are con- 
 spiracies. The unlawful combination may be expressly 
 proven, or it may be provable from concerted action in 
 itself unlawful. If one join the conspiracy at any time 
 after the formation of the conspiracy, he becomes a 
 conspirator, and the acts of the others become his, by 
 adoption. 
 
 That there is, or may be, a difference between the 
 punishment prescribed in this section, and that pre- 
 scribed in the statute that the conspiracy was formed to 
 violate, is immaterial. Congress has the power, says 
 the Supreme Court of the United States, in Clune vs. 
 United States, 159 U. S., 590, to euact a statute making 
 a conspiracy to do an act punishable more severly than 
 the doing of the act itself. The power exists to separate 
 the offenses, and to affix distinct and independent penal- 
 ties to each. 
 
 As above indicated, there need be no proof of the ex- 
 press agreement. The full measure of the law is met if 
 the facts and circumstances indicate with the requisite 
 lawful certainty the existence of a preconcerted plan. 
 Reilley vs. United States 106 Federal, 896; U. S. vs. Cas- 
 sidy, 67 Federal, 698; U. S. vs. Barret, 65 Federal, 62; 
 U. S. vs. Wilson, 60 Federal, 890; U. S. vs. Newton, 52 
 Federal, 275; U. S. vs. Sacia, 2 Federal, 754. So, under 
 the same authorities, it need only be shown that one or 
 more of the overt acts charged in the indictment have 
 been committed, and that they were done in furtherance 
 of the conspiracy. Federal Statutes Annotated, Volume 
 2, page 250. 
 
 Texts-books and Courts unite in the proposition that 
 where there is a prima facie showing of conspiracy, all 
 of the acts done, and all of the declarations made in pur- 
 suance of the originally concerted plan, and with refer- 
 ence to the common object, by any one of the conspira- 
 tors, are admissible against all. The rule, however, ceases 
 after the conspiracy, has been ended; for, upon the com- 
 pletion of the conspiracy, acts and declarations of co-
 
 ?64 Federal Criminal Law Procedure. 
 
 conspirators are evidence only against the one so acting 
 or declaring. Logan vs. U. S., 144 U. S., 263. 
 
 In Taylor vs. U. S., 89 Federal, 954, the Court of Civil 
 Appeals for the Ninth Circuit, in a conspiracy prosecution 
 against certain defendants for entering into a conspiracy 
 to counterfeit and utter counterfeit coins of the United 
 States, the Court determined that the evidence showing 
 that one of the defendants resided with another of the 
 conspirators for six weeks, during which time the coins 
 were made, and that he wrote the letter ordering the 
 machine with which they were made, and that after the 
 arrest he wrote one of the defendants offering to assist in 
 procuring bail, was entirely sufficient to authorize the ad- 
 mission against him of the statements of his co-conspira- 
 tors. In that case, it was also determined that the order 
 of proof rests in the sound discretion of the Court; in 
 other words, the Court was not bound to exclude evidence 
 of declarations until the prosecution should first have 
 shown the connection of the defendant with the offense. 
 1 Greenleaf, Section 111; 6 Am. and Eng. Enc. of Law, 
 Second Ed, 689; State vs. "Winner, 17 Kamjis, 298. 
 
 § 181a. Indictment. — An indictment under this sec- 
 tion is not duplicitious which shows a completed offense. 
 Stanley vs. U. S, 195 Federal, 896. The offense created 
 by this statute is a conspiracy and not an overt act. 
 Dwinnell vs. U. S., 186 Federal, 754. The collection of 
 commissions under a conspiracy to defraud the United 
 States through purchases for the commissary department 
 is an overt act. U. S. vs. Burke, 218 Federal, 83. Woman 
 who is victim in white slave violation may also be con- 
 spirator under this act. U. S. vs. Holte, 236 IT. S. 140. An 
 indictment under this section must charge the act consti- 
 tuting the offense with reasonable certainty and not mere 
 inference. U. S. vs. Atlanta Journal Co., 185 Federal, 656. 
 A crime under this statute is sufficiently charged if it be 
 stated that two or more persons named agreed together 
 to commit some act declared to be a crime by some stat- 
 ute of the United States and it is also charged that one 
 or more of such persons did an act to carry out the oh-
 
 Against Operations of Government. 365 
 
 ject of such conspiracy. U. S. vs. Wupperman et al. 215 
 Federal, 135. 
 
 Sec. 181 b. Conspiracy to Commit offenses Against 
 United States Continued. 
 
 Sec. 37 does not make it a criminal offense to vote il- 
 legally, when, see U. S. vs. Gradwell, U. S. Sup. Ct. Apr. 
 1917. 
 
 For an indictment which is defective because of time 
 allegation under this statute see U. S. vs. Baker, 243 F. 
 746. 
 
 A conspiracy to resist the draft is a conspiracy to de- 
 fraud the United States, U. S. vs. Galleanni, 245 F. 977. 
 It is a violation of the statute in the following cases: — 
 
 To divert cars under the Hepburn Act, Dye vs. U. S., 
 
 262 F. 6; to violate the bank act, U. S. vs. Baker, 243 F. 
 741; to defraud by black mailing suits, McKelvy vs. U. S., 
 241 F. 801; to bring Chinamen into the United States, 
 Dahl vs. U. S., 234 F. 618. 
 
 To increase price of sugar, U. S. vs. Robinson, 266 F. 
 240; to bribe officer, Hardy vs. U. S., 269 F. 134, by ship- 
 ping port employees, etc., U. S. vs. Carlin, 259 F. 904; U. 
 S. vs. Union, 259 F. 907 ; to defraud doctors, Holsman vs. 
 U. S., 248 F. 193; to violate Espoinage Act, U. S. vs. Ault, 
 
 263 F. 800; U. S. vs. Listman, 263 F. 798; U. S. vs. Strong, 
 263 F. 789. 
 
 The following cases bear upon the necessity of a dis- 
 tinct allegation of overt act and of time, U. S., vs. Rogers, 
 226 F. 512; Tillinghast vs. Richards, 225 F. 226; Birdseye, 
 244 F. 972; Pettibone vs. U. S., 148 U. S; U. S. vs. Robin- 
 son, 266 F. 240. 
 
 It is not a variance because the conspiracy is laid in 
 one district and the overt act in another, since the prosecu- 
 tion mav be had in either, Bernstein vs U. S., 238 F. 923; 
 Harrington vs. U. S., 267 F. 97. 
 
 This statute will not protect against corrupt state elec- 
 tions, U. S. vs. Gradwell, 234 F. 446, Sup. Ct. Apr. 1917; 
 nor can a prosecution be had for defrauding the Panama 
 Railway, Salas vs. U. S., 234 F. 842. 
 
 The War Department is not a government department 
 under Keane vs. U. S., 272 F. 577.
 
 366 Federal Criminal Law Procedure. 
 
 For accomplice testimony under this section see Mc- 
 Ginnis, vs. U. S., 256 F. 621. 
 
 The prosecution may be had where the overt act is com- 
 mitted, Easterday vs. McCarthy, 256 F. 651. A conspir- 
 acy indictment is insufficient when the conspiracy is not 
 fully discribed and statements as to the overt act will not 
 aid,' Anderson vs. IT. S., 260 F. 557. 
 
 The charging- of the statutory crime is ordinarily suffi- 
 cient if the words of the statute are used but there are 
 some important exceptions, Jelke vs. U. S., 255 F. 264. 
 
 The statement of one defendant is not admissible 
 against another after the completion of the conspiracy, 
 Feder vs. U. S., 257 F. 694. 
 
 The act of one is the act of all during conspiracy, U. S. 
 vs. Schenck, 253 F. 212. 
 
 For good definition of conspiracy see U. S. vs. McHugh, 
 253 F. 224. 
 
 A single count may allege a conspiracy to commit two 
 or more offenses and not be duplicitous, Frohwerk vs. U. 
 S., U. S. Sup. Ct. Mar. 1919. 
 
 The most difficult question that arises in the treatment 
 of conspiracies is the merger of the conspiracy into the 
 completed act. The mistake frequently made of using 
 the completed act, in the pleading, as an overt act, to es- 
 tablish the conspiracy, when the completed act makes an 
 entirely different offense of, perhaps, lesser grade. 
 
 The following authorities, carefully considered may be 
 of assistance; U. S. vs. Kissel, 173 F. 823; Grant vs. U. S., 
 252 F. 693; McKnight vs. U. S., 252 F. 687; U. S. vs. Bopp, 
 237 F. 283; Bishop Criminal Law, Vol. 1, page 492; C. vs. 
 Kingsbury 5 Mass. 106; C. vs. Delaney, 1 Grant Pa. 224. 
 
 The confession of one conspirator against another is 
 admissible if the jury is properly instructed, Hagan vs. 
 U. S., 268 F. 344; U. S. vs. Freedman, 268 F. 655. 
 
 A confession which is not "voluntary" is not admis- 
 sible, U. S. vs. Kallas, 272 F. 743. 
 
 A prosecution may be brought, as heretofore stated, 
 where the conspiracy is formed or where the overt act is 
 committed, Grayson vs. U. S., 272 F. 554. For a definition 
 of conspiracy by the Supreme Court of the United States
 
 Against Operations of Government. 367 
 
 see Duplex vs. Deering, 41 U. S. Sup. Ct. Rep. 173. 
 
 There can be no conspiracy when there is only one 
 criminal intent, there must be two or more; thus an officer 
 who seeks to entrap another would not be a basis, for a 
 conspiracy indictment, Yick vs. U. S., 240 F. 60. 
 
 When the offense is not proven letters written by one 
 are mere hearsay and inadmissible, Stager vs. U. S., 233 
 F. 510. 
 
 § 182. Sufficiency of Description. — In Cling vs. United 
 States, 118 Federal, 538, the Circuit Court of Appeals for 
 the Fourth Circuit held that the offense intended to be 
 committed as the result of the conspiracy need not be de- 
 scribed as fully as would be required in an indictment in 
 which such matter was charged as a substantive crime. 
 To the same effect is United States vs. Stevens, 44 Fed- 
 eral, 132. In United States vs. Stamatopoulos, 164 Fed- 
 eral, 524, Judge Chatfield, in passing upon a demurrer, 
 said : 
 
 "The indictment sets forth a conspiracy to defraud the United 
 States, and it is unnecessary to allege either the consummation of 
 the fraud, or to include an allegation that the fraud could have been 
 accomplished unless detected. It is sufficient to show that the con- 
 spiracy so to do the act charged constituted a fraud upon the United 
 States." 
 
 § 183. Venue. — The venue for the prosecution may be 
 laid in the District in which the overt act was committed, 
 and it does not matter where the conspiracy was formed 
 or the unlawful agreement entered into; and where the 
 offense has been commenced in one district and consum- 
 mated in another, the venue may be laid and the trial may 
 be had in either district. 
 
 Sufficient to Warrant ConvicUon. — If the indictment 
 alleges, in proper terms, the formation of the conspiracy 
 for either one of the inhibited purposes mentioned in the 
 statute, and then sets out the offense for which the con- 
 spiracy was formed with sufficient certainty to apprise 
 the defendant thereof, and then the proof shows that the 
 conspiracy existed as charged in the indictment, and that 
 if such conspiracy existed, the overt act charged was com- 
 mitted in furtherance of such conspiracy, and that the
 
 368 Federal Criminal Law Procedure. 
 
 defendant was one of the conspirators, a case will have 
 been made out, both by allegation and proof. United 
 States vs. Cassidy, 67 Federal, 698; United States vs. 
 Newton, 52 Federal, 275. 
 
 § 183a. Special Charge on Venue. — The defendant 
 must ask an affirmative charge on venue before error can 
 be laid when the general charge of the Court uses the 
 customary language with reference to the place of the 
 commission of the offense. Lipman vs. U. S., 219 Federal, 
 882. 
 
 § 184. Illustrative Cases. — While the Courts have 
 held, as above cited, that a good conspiracy charge will be 
 one which alleges the accomplishment of the fraud or 
 fails to allege its accomplishment, so, also, they have held 
 that a conspiracy may be charged, though the indictment 
 charges the accomplishment. In Scott vs. United States, 
 165 Federal, 172, the Circuit Court of Appeals, for the 
 Fifth Circuit held that an indictment will lie for con- 
 spiracy to remove distilled spirits on which the tax had 
 not been paid, in violation of Section 3296, although it is 
 charged that the purpose of the conspiracy was accom- 
 plished. 
 
 In United States vs. Stevens, 44 Federal, 132, it was 
 held that a conspiracy may be entered into even when 
 the overt act constituting the criminal offense can only 
 be done by one of the parties to the conspiracy; as 
 where a census enumerator and another conspired to 
 make false certificates or fictitious returns. The same 
 sort of an offense was approved in the Ching case by a 
 Circuit Court of Appeals, 118 Federal, 538. So, also, a 
 conspiracy may be laid against a person not connected 
 with the bank for conspiring with the cashier to commit 
 one of the offenses described in Section 5209. U. S. vs. 
 Martin, 4 Cliff. (U. S.), 156. And in United States vs. 
 Boyer, 4 Dill., 407, the Court held that a conspiracy 
 could be charged against persons conspiring with a bank- 
 rupt to commit an offense thereunder, even if it could be 
 held that only the bankrupt could commit the offense 
 there charged with having agreed to violate. See also U. 
 S. vs. Swett, 2 Hask., 310, 28 Federal Cases No. 16427.
 
 Against Operations of Government. 30'. > 
 
 In Johnson vs. United States, 158 Federal, 69, the Cir- 
 cuit Court of Appeals for the Fifth Circuit, it seems to 
 the writer, held contrary to the above views. In that 
 case, the bankrupt, his trustee, and one other, were in- 
 dicted for conspiring to conceal from the Trustee, one of 
 the indicted parties, assets of the bankrupt. There were 
 convictions. Upon appeal, the Court held that an indict- 
 ment will not lie under 5440, for a conspiracy to effect 
 the concealment by a bankrupt, of property, from his 
 trustee, where the trustee, is himself charged as one of the 
 conspirators and the averments of the indictment show 
 that there was in fact no concealment of property from 
 him and no purpose that there should be such conceal- 
 ment. In considering that case, the Court cited the case 
 where Lord Audley was convicted of rape upon his wife; 
 being present, aiding and abetting one of his minions to 
 perpetrate this monstrous crime, and for which this devil- 
 crazed nobleman was hung; but differentiated that case 
 from the one they were discussing, and said: 
 
 "The defect in the indictment is not that it charges a conspiracy by 
 three persons to commit an offense which only one of the three could 
 commit. That may not be a defect. The fatal defects is that it 
 charges Johnson, one of the alleged conspirators, with participation 
 in, and knowledge of, a transaction which could only be an offense 
 against the law when it was concealed from him." 
 
 In United States vs. Melfi, 118 Federal, 899, there was a 
 prosecution against conspirators to secure, illegally, nat- 
 uralization papers, but the Court held against the indict- 
 ment, not because such a conspiracy would not be unlaw- 
 ful, but because the indictment failed to allege sufficient 
 ingredients of the statute for the breaking of which the 
 conspiracy was formed. 
 
 In United States vs. Clark, 164 Federal, page 75, the 
 Court upheld a prosecution against an agent of a railroad 
 company and others for conspiring to issue interstate 
 freight passes in the name of the railroad to those not en- 
 titled thereto, under the provisions of the Hepburn Act, 
 June 29, 1906. 
 
 In United States vs. Lonabaugh, 158 Federal, 314, a 
 prosecution was sustained upon a conspiracy to induce 
 
 24
 
 370 Federal Criminal Law Procedure. 
 
 the Land Department of the United States, by fraudulent 
 means, to dispose of public lands in a way not authorized 
 by the statute, and this even though the Government re- 
 ceived payment for the lands, and suffered no pecuniary 
 loss. 
 
 In United States vs. Haas et al, 163 Federal, 908, an in- 
 dictment was sustained which charged a confederated ef- 
 fort to deprive the national government of the right and 
 privilege of proper service in the Department of Agricul- 
 ture, by corrupting an employee of such department, and 
 inducing him to secretly furnish advance information of 
 crop conditions, contrary to the rules of the department, 
 and to issue false reports to the public as to such condi- 
 tions. The main offense in that case was laid under the 
 bribery statute, 5451, and the Court held that an Assistant 
 Statistician in the Department of Agriculture, in the per- 
 formance of the duties with which he was charged by the 
 rules of that department, acted for the United States in an 
 official function. This case was practically affirmed, and 
 the case of United States vs. Haas, 167 Federal, 211, over- 
 ruled, by the Supreme Court of the United States in Haas 
 vs. Henkle, February 21, 1910. The Supreme Court, in 
 passing directly upon the indictment, uses this language: 
 
 "These counts do not expressly charge that the conspiracy included 
 any direct pecuniary loss to the United States; but as it is averred 
 that the acquiring of the information and its intelligent computation, 
 with deductions, comparisons, and explanations, involved great ex- 
 pense, it is clear that practices of this kind would deprive these re- 
 ports of most of their value to the public, and degrade the Department 
 in general estimation, and that there would be a real financial loss. 
 But it is not essential that such a conspiracy should contemplate a 
 financial loss, or that one should result. The statute is broad enough 
 in its terms to include any conspiracy for the purpose of impairing, 
 obstructing, or defeating the lawful function of any Department of 
 the Government. Assuming, as we have, for it has not been challenged, 
 that this statistical side of the Department of Agriculture is the 
 exercise of a function within the purview of the Constituion, it must 
 follow that any conspiracy which is calculated to obstruct or impair 
 its efficiency and destroy the value of its operations and reports, as 
 fair, impartial, and reasonably accurate, would be to defraud the 
 United States, by depriving it of its lawful right and duty of pro- 
 mulgating or diffusing information so officially acquired in the way 
 and at the time required by law or Departmental regulation. That it
 
 Against Operations of Government. 37] 
 
 is not essential to charge or prove an actual financial or poperty loss 
 to make a case under the statute, has been more than once ruled. 
 Hyde vs. Shine, 199 U. S., 62; U. S. vs. Keitel, 211 U. S., 370; Curley 
 vs. U. S., 130 Fed., 1; McGregor vs. U. S., 134 Fed., 195." 
 
 Iii United States vs. Hirsch, 100 U. S., 33, the Supreme 
 Court held that a conspiracy to defraud the United States 
 out of duties on imported merchandise is not a crime aris- 
 ing under the revenue laws, and is, therefore, barred by 
 the three years statute of limitations. 
 
 For other cases arising under the old section, see 
 
 United States vs. Dietrich, 126 Federal, 664. 
 
 Gantt vs. U. S., 108 Federal, page 61; 
 
 U. S. vs. Bradford, 148 Federal, 413; 
 
 U. S. vs. Mitchell, 141 Federal, 666; 
 
 Wright vs. United States, 108 Federal, 805 (This case 
 approves a general form of indictment) ; Lehman vs. U. 
 S., 127 Federal, 41; Conrad vs. U. S., 127 Federal, 798 
 (That was a conspiracy to violate Section 3995, or in other 
 words a conspiracy to knowingly and wilfully delay the 
 United States mail) ; Wan Din vs. United States, 135 Fed- 
 eral, 704, (The Court sets out the elements of the con- 
 spiracy); United States vs. Curley, 122 Federal, 738; af- 
 firmed in 130 Federal, page 2 (This was a conspiracy to 
 violate the Civil Service Examination Act) ; U. S. vs. 
 Richards, 149 Federal, 443. In Crawford vs. U. S., an 
 opinion rendered by the Supreme Court of the United 
 States, on February 1, 1909; sets forth the elements of a 
 conspiracy under this section. In in re Miller, 114 Fed- 
 eral, 963, there was a prosecution for conspiracy to return 
 one to peonage. See United States vs. Green, 115 Fed- 
 eral, 343, for conspiring to conceal assets in violation of 
 the bankrupt Act; United States vs. Goodsay, 164 Fed- 
 eral, 157; United States vs. Biggs, 157 Federal, 264; 
 United States vs. Brace, 149 Federal, 874. The case of 
 Bradford vs. United States, 129 Federal, page 49, was a 
 prosecution for conspiring to execute straw bail. In the 
 case of United States vs. Stevenson, decided by the Su- 
 preme Court of the United States in November, 1909, a 
 conviction for a conspiracy to violate the Immigration 
 Act was sustained.
 
 372 Federal Criminal Law Procedure. 
 
 In Williamson vs. U. S., 207 IT. S., 425, 52 Law Ed., 
 page 207, the Supreme Court reversed and remanded a 
 conviction of a Congressman for conspiring to suborn per- 
 jury, in proceedings to purchase public land, but held 
 among other things, that an indictment alleging a con- 
 spiracy to suborn perjury need not, with technical pre- 
 cision, state all the elements essential to the commission 
 of the crimes of subornation of perjury and of perjury, 
 and that the precise persons to be suborned, or the time 
 and place of such suborning need not be agreed upon in 
 the minds of the conspirators, in order to constitute the 
 crime of conspiracy to suborn perjury in proceedings for 
 the purchase of public land. U. S. vs. Railey, 173 Fed- 
 eral, 159; Richards vs. U. S., 175 Federal, 911; U. S. vs. 
 Kane, 23 Federal, 748; U. S. vs. Milner, 36 Federal, 89Q. 
 In United States vs. Keitel, 211 U. S., 370, the Supreme 
 Court held that a charge of conspiracy to defraud the 
 United States can be predicated on acts made criminal af- 
 ter the enactment of the statute. This case was reversed, 
 on some other minor points, United States vs. Keitel, 157 
 Federal, 396. In United States vs. Biggs, 211 U. S., which 
 was a writ of error by the United States from the sustain- 
 ing of a demurrer to an indictment brought for a con- 
 spiracy to defraud the United States of public lands, re- 
 ported in United States vs. Biggs, 157 Federal, 264, the 
 Supreme Court affirmed the decision of the lower Court, 
 and held that an indictment for conspiracy to defraud the 
 United States by improperly obtaining title to public 
 lands, will not lie under 5440, where the only acts charged 
 were permissible under the land laws. In other words, 
 the acts charged in the indictment appeared to be lawful 
 under the laws relating to such lands. United States vs. 
 Briton, 108 U. S., 192; Mackin vs. U. S., 117 U. S., 348; U. 
 S. vs. Hess, 124 U. S,, 483 ; in re Gov, 312 Federal, 794 ; 127 
 U. S., 731; U. S. vs. Perrin, 131 U. S., 55; U. S. vs. Barber, 
 140 U. S., 177 ; Pettibone vs. U. S., 148 U. S., 197 ; ex parte 
 Lennon, 150 IT. S., 393; Dill vs. U. S., 152 U. S., 539; Ban- 
 non vs. U. S., 156 U. S., 464; Stokes vs. U. S., 157 U. S., 
 187; France vs. U. S., 164 U. S., 696. In the case of Craw- 
 ford vs. U. S., 212 U. S., page 183, the Supreme Court sus-
 
 AcxAinst Operations of Government. 37:! 
 
 tained the sufficiency of the indictment, but reversed the 
 case on other points. The prosecution grew out of a con- 
 spiracy between the defendant and a Government official. 
 by which the Government would be defrauded by means 
 of a contract between the Postal Device and Lock Com- 
 pany, a corporation, and the Post-office Department of 
 the United States, by which the company was to furnish 
 certain satchels to the Department for the use of the let- 
 ter carriers in the free delivery system of the United 
 States. U. S. vs. Bridgeman, 140 Federal, 577; U. S. vs. 
 Marx, 122 Federal, 964; U. S. vs. McKinley, 126 Federal, 
 242; U. S. vs. Wilson, 60 Federal, 890; U. S. vs. Debs, 63 
 Federal, 436; Huntington vs. U. S., 175 Federal, 950. 
 
 § 184a. Illustrative Cases Continued. — Scheme to se- 
 cure reduced postage rate for newspapers may be subject 
 of but when it is alleged that the rate sought to be pro- 
 cured is no less than a regular rate then authorized for 
 second class matter, no offense is charged. U. S. vs. At- 
 lanta Journal Co. 185 Federal, 656, affirmed in same case, 
 210 Federal, 275. A conspiracy to transport explosives 
 in violation of Section 232, interstate shipment of ex- 
 plosives, is a violation of this section. Ryan vs. U. S., 216 
 Federal, 13. 
 
 A conspiracy to secure for a postmaster a larger salary 
 by purchasing at his office large quantities of postage 
 stamps for use outside of territory served by such office 
 was not a conspiracy to defraud the United States, since 
 as the statute makes the postmaster's salary dependent 
 on the gross receipts, without excluding receipts from 
 such sales, the postmaster was legally entitled to the 
 salary which it was the object of the alleged conspiracy to 
 secure, and a conspiracy to obtain by improper methods 
 what one is legally entitled to is not punishable as a con- 
 spiracy to defraud. U. S. vs. Foster, 211 Federal, 206. 
 
 Woman who is victim in white slave violation may also 
 be conspirator under this section. U. S. vs. Holte, 236 U. 
 S., 140. Agreement to defraud Government through pur- 
 chases for the commissary department. U. S. vs. Burke, 
 218 Federal, 83. Conspiracy to defraud the United States 
 by collusive bids for coal, Houston vs. U. S., 217 Federal,
 
 374 Federal Criminal Law Procedure. 
 
 852. A conspiracy to defraud of customs dues. U. S. vs. 
 Sherlin, 212 Federal, 343. Conspiracy to liberate pris- 
 oner, ex parte Lyman, 202 Federal, 303. See also IT. S., vs. 
 Munday, 186 Federal, 375. Lipman vs. U. S., 219 Fed- 
 eral, 882. Conspiracy to conceal property from bank- 
 ruptcy trustee, Radin vs. U. S., 189 Federal, 568. 
 
 § 185. Bribery of United States Officer.— Section 5451 
 of the old statutes is re-enacted into Section 39 of the 
 new Code in the following words: 
 
 "Whoever shall promise, offer, or give, or cause or procure to be 
 promised, offered, or given, any money or other thing of value, or 
 shall make or tender any contract, undertaking, obligation, gratuity, 
 or security for the payment of money, or for the delivery or con- 
 veyance of anything of value, to any officer of the United States, or 
 to any person acting for or on behalf of the United States in any 
 official function, under or by authority of any department or office 
 of the Government thereof, or to any officer or person acting for or 
 on behalf of either House of Congress, or of any Committee of either 
 House, or both Houses thereof, with intent to influence his decision 
 or action on any question, matter, cause, or proceeding which may 
 at any time be pending, or which may by law be brought before him 
 in his official capacity, or in his place of trust or profit, or with intent 
 to influence him to commit, or aid in committing, or to collude in, or 
 allow, any fraud, or make opportunity for the commission of any 
 fraud, on the United States, or to induce him to do or omit to do 
 any act in violation of his lawful duty, shall be fined not more than 
 three times the amount of money or value of the thing so offered, 
 promised, given, made, or tendered, or caused or procured to be so offer- 
 ed, promised, given, made, or tendered, and imprisoned not more than 
 three years," 
 
 One must be a Federal official or some other person per- 
 forming an official function, and he must be offered some 
 gratuity or thing of value to assist in the defrauding of 
 the United States in some manner, or to fail to perform 
 his lawful duty, before he can be guilty of the crime al- 
 leged in the foregoing section. For instance, in the case 
 of the United States vs. Gibson, 47 Federal, 833, the Court 
 quashed an indictment under this section, which set out in 
 substance that the defendant had offered a bribe to an in- 
 ternal revenue officer to set fire to a distillery within the 
 limits of a State. He very properly held that this was 
 the offering of a bribe to perform an act which was not in
 
 Against Operations of Government. 375 
 
 any sense within the official function of the revenue offi- 
 cer, and, therefore, not an offense under the section. The 
 crime of arson, of course, unless committed upon some 
 Government reservation, is not cognizable in the United 
 States Courts, and is not a United States offense. So, 
 also, in the case of United States vs. Boyer, it was deter- 
 mined that an Inspector of the Agriculture Department of 
 the United States, charged with the enforcement of un- 
 constitutional regulations, and offered a bribe not to per- 
 form such regulations, the offering of such a bribe was not 
 an offense under 5451, for the reason that the Inspector, in 
 the failure to perform an unconstitutional duty, would 
 not in any sense, defraud the United States, nor fail to 
 perform an act which it was his lawful duty to perform. 
 In United States vs. Kessel, 62 Federal, 57, and United 
 States vs. Van Leuven, 62 Federal, 62, District Judge 
 Shiras, in passing upon old Section 5501, determined that 
 a member of a Board of Examining Surgeons is a person 
 acting in behalf of the United States in an official capaci- 
 ty, and, therefore, subject to an indictment for receiving 
 a bribe. The same reasoning adopted by the judge in 
 those two cases will apply to offenses under Section 5451. 
 
 The case of United States vs. Ingham, 97 Federal, 935, 
 was a prosecution based upon an attempt to bribe a Se- 
 cret Service operative employed by the Secretary of the 
 Treasury; and in passing directly upon the question as 
 to whether or not such operative was an officer of the 
 United States within the necessary meaning of 5451, the 
 Court held that he was not such an officer, but that the 
 prosecution would lie under the phrase in the statute, 
 "official function," and held that official function, as 
 spoken of in the statute is not necessarily a function be- 
 longing to an office held by a person acting on behalf of 
 the United States. It may also be a function belonging 
 to an office held by his superior which function has been 
 committed to the subordinate, whether he be also an of- 
 ficer or a mere employee for the purpose of executing the 
 function. 
 
 In the case of United States vs. Green, 136 Federal, 
 618, the doctrine was announced that the giving of a
 
 376 Federal, Criminal Law Procedure. 
 
 check as a bribe will not necessarily be an offense under 
 the statute, unless there be sufficient allegations in the 
 indictment to show that the check was good, and that 
 the bank upon which it was drawn was a going concern, 
 and that the same would be honored, and other allega- 
 tions to show that as a matter of fact the check was valu- 
 able. A bank check not thus defined in the bill of in- 
 dictment is not an obligation for the payment of money, 
 within the legal meaning of such term, as used in the 
 section, and the tendering by a person of his personal 
 check, drawn on a bank, and payable to an officer of the 
 United States to such officer, with intent thereby to affect 
 his official action, does not constitute the crime of bribery, 
 since the check made and delivered for such illegal pur- 
 pose is void and not within any of the classes of instru- 
 ments enumerated in the statute. In the case of Vernon 
 vs. U. S., 146 Federal, 121, the Circuit Court of Appeals 
 for the Eighth Circuit sets out a count of an indictment 
 under this section. That was a prosecution for an alleg- 
 ed attempt to bribe an agent of the Treasury Department, 
 charged with the location of public buildings. The evi- 
 dence, however, was held to be insufficient by the Court 
 of Appeals. 
 
 The Supreme Court, in the case of Palliser vs. United 
 States 136 U. S., 268; 34 Law Ed., 514, held that a letter 
 written and sent from New York to a postmaster in Con- 
 necticut, asking him to put postage stamps on circulars 
 and send them out at the rate of fifty to one hundred 
 daily, and promising him that if he would do so, the writ- 
 er of the letter would remit to him the price of stamps, 
 was a tender of a contract for the payment of money 
 to induce him to sell postage stamps for credi + in viola- 
 tion of his lawful duty, and contrary to Section 5451: 
 and such an offer for an unlawful sale of postage stamps 
 on credit is not the less within the statute because the 
 postmaster's commission on the sale would be no greater 
 than upon a lawful sale for cash. 
 
 § 185a. Officer. — An immigrant inspector is an officer 
 within the meaning of Section 39. Becharias vs. U. S., 
 208 Federal, 143.
 
 Against Operations of Government. 377 
 
 Sec. 185 b. Bribery etc., Continued. 
 
 A porter of a railway train while under government 
 control is not and "officer", Kricliman vs. U. S., 41 Sup. 
 Ct. Rep. 514, reversing U. S. vs. Kricliman in 256 F. 974, 
 
 § 186. Unlawfully Taking or Using Papers Relating 
 to Claims.— Section 40 reads as follows: 
 
 "Sec. 40. Whoever shall take and carry away, without authority 
 from the United States, from the place where it has been filed, lodged, 
 or deposited or where it may for the time being actually be kept by au- 
 thority of the United States, any certificate, affidavit written statement 
 of facts, power of attorney, receipt, voucher, assignment, or other docu- 
 ment, record, file, or paper, prepared, fitted, or intended to be used or 
 presented in order to procure the payment of money from or by the 
 United States, or any officer or agent thereof, or the allowance or 
 payment of the whole or any part of any claim, account, or demand 
 against the United States, whether the same has or has not already 
 been so used or presented, and whether such claim, account, or de- 
 mand, or any part thereof, has or has not already been allowed or 
 paid; or whoever shall present, use, or attempt to use, any such docu- 
 ment, record, file, or paper so taken and carried away, in order to 
 procure the payment of any money from or by the United States, or 
 any officer or agent thereof, or the allowance or payment of the 
 whole or any part of any claim, account, or demand against the 
 United States, shall be fined not more than five thousand dollars, or 
 imprisoned not more than ten years, or both." 
 
 § 187. Persons Interested Not to Act as Agents of the 
 Government. — Section 1783 of the old statutes becomes 
 Section 41 of the new Code in the following words: 
 
 "Sec. 41. No officer or agent of any corporation, joint stock com- 
 pany, or association, and no member or agent of any firm, or person 
 directly or indirectly interested in the pecuniary profits or contracts 
 of such corporation, joint stock company, association, or firm, shall 
 be employed or shall act as an officer or agent of the United States 
 for the transaction of business with such corporation, joint stock 
 company, association, or firm. Whoever shall violate the provision 
 of this section shall be fined not more than two thousand dollars 
 and imprisoned not more than two years." 
 
 Old Section 1783 applied only to officers of "banking 
 or other commercial" corporations, but in the new statute 
 these words have been omitted, so that the section, as 
 it now stands is applicable to the officers of any corpora- 
 tion. It has likewise been made more comprehensive,
 
 378 Federal Criminal Law Procedure. 
 
 in that it now covers officers and agents of any " joint 
 stock company or association." 
 
 § 188. Enticing Desertions from the Military or Naval 
 Service. — Section 42 of the new Code re-enacts the sub- 
 stantial provisions of Sections 1553 and 5455 of the old 
 Code in the following words: 
 
 "Sec. 42. Whoever shall entice or procure, or attempt or endeavor 
 to entice or procure, any soldier in the military service, or any sea- 
 man or other person in the naval service of the United States, or 
 who has been recruited for such service, to desert therefrom, or 
 shall aid any such soldier, seaman, or other person in deserting or 
 in attempting to desert from such service; or whoever shall harbor, 
 conceal, protect, or assist any such soldier, seaman, or other person 
 who may have deserted from such service, knowing him to have 
 deserted therefrom, or shall refuse to give up and deliver such sol- 
 dier, seaman, or other person on the demand of any officer authorized 
 to receive him, shall be imprisoned not more than tliree years and 
 fined not more than two thousand dollars." 
 
 The only substantial addition is the word "seaman," 
 which the old statutes did not include. In the case of 
 Kurtz vs. Moffitt, 115 U. S., 487, the Supreme Court held 
 that a deserter from the United States army could not be 
 arrested by a police officer or private citizen without war- 
 rant or authority from the United States. 
 
 Sec. 188 a. Enticing Desertions Continued. 
 
 "Harbor" means some physicial act, Firpo vs. U. S., 
 261 F. 850. 
 
 § 189. Enticing Away Workman. — Section 43 of the 
 new Code re-enacts the provisions of Sections 1668 of 
 the old statutes, adding thereto the word "artificer" 
 instead of the word "armorer," and is in the following 
 words: 
 
 "Sec. 43. Whoever shall procure or entice any artificer or work- 
 man retained or employed in any arsenal or armory, to depart from 
 the same during the continuance of his engagement, or to avoid or 
 break his contract with the United States; or whoever, after due 
 notice of the engagement of such workman or artificer, during the 
 continuance of such engagement, shall retain, hire, or in anywise 
 employ, harbor, or conceal such artificer or workman, shall t»e fined 
 not more than fifty dollars, or imprisoned not more than three 
 months, or both."
 
 Against Operations of Government. 379 
 
 § 190. Injuries to Fortifications, Harbor Defenses, 
 Etc.— Section 44 of the new Code re-enacts the meat of the 
 Act of July 7, 1898; Second Supplement, 885, and sim- 
 plifies the original Act by omitting the words "wantonly 
 or maliciously" before "trespass," since authorities are 
 a unit that the word "wilful" will include any wanton 
 or malicious act, and is in the following words: 
 
 "Sec. 44. Whoever shall wilfully trespass upon, injure, or destroy 
 any of the works or property or material of any submarine mine or 
 torpedo, or fortification or harbor-defense system owned or con- 
 structed or in process of construction by the United States, or shall 
 wilfully interfere with the operation or use of any such submarine 
 mine, tropedo, fortification, or harbor-defense system, shall be fined 
 not more than five thousand dollars, or imprisoned not more than 
 five years, or both." 
 
 Sec. 190 a. Injuries to Fortifications, etc., 
 Section 44 has been greatly enlarged upon by the Acts 
 of May 22, 1917, and of March 4, 1917. See page 1683, 
 1918 Complied Statutes, Sec. 10208, the punishment con- 
 tinues the same but the protection extends to all for- 
 tifications and harbors and defenses, including the canal 
 zone, and of any submarine mine or torpedo or harbor- 
 defense system as well as any order or regulation of the 
 President governing persons or vessels within the limits 
 of defensive sea areas. 
 
 § 191. Unlawfully Entering Upon Military Reserva- 
 tion, Fort, Etc. — Section 45 of the new Code is an en- 
 tirely new Act, and is in the following words: 
 
 "Sec. 45. Whoever shall go upon any military reservation, -army 
 post, fort, or arsenal, for any purpose prohibited by law or military 
 regulation made in pursuance of law, or whoever shall re-enter or be 
 found within any such reservation, post, fort, or arsenal, after having 
 been removed therefrom or ordered not to re-enter by any officer or 
 person in command or charge thereof, shall be fined not more than 
 five hundred dollars, or imprisoned not more than six months, or 
 
 both." 
 
 § 192. Robbery or Larceny of Personal Property of 
 the United States.— Old Section 5456 is re-enacted into 
 new Section 46, in the following words:
 
 380 Federal Criminal Law Procedure, 
 
 "Sec. 46. Whoever shall rob another of any kind or description 
 of personal property belonging to the United States, or shall felon- 
 iously take and carry away the same, shall be fined not more than 
 five thousand dollars, or imprisoned not more than ten years, or 
 both." 
 
 In the case of Jolly vs. United States, 170 Federal, 402; 
 42 Law Ed., 185, the Supreme Court held that there are 
 two distinct offenses mentioned in the statute: one is 
 the offense of robbery, and the other is the crime of 
 feloniously taking and carrying away any kind or dis- 
 cription of personal property belonging to the United 
 States. This is a distinct and separate offense from that 
 of robbery. "If the statute required the taking to be 
 forcible in all cases, the language providing against the 
 felonious taking and carrying away of the personal prop- 
 erty of the United States would be surplusage, the forci- 
 ble taking being already implied and included in the 
 use of the word 'rob'; but in addition to robbery, the 
 offense of feloniously (not forcibly) taking the personal 
 property of the United States, is created." 
 
 Postage stamps which have not been issued or sold, 
 and are in the possession of the Government, are per- 
 sonal property belonging to the United States within 
 the meaning of this section, which makes it a crime to 
 feloniously take and carry away such property. 
 
 Under authority of United States vs. Jones, 69 Federal, 
 973, a count under this statute may be joined with a 
 count under another statute for a separate offense, when 
 the offense is the same transaction. In that case, Judge 
 Hawley held that it was immaterial that one might be 
 classed as larceny and the other as embezzlement, or 
 that the punishment was different. That case also gives 
 a form of indictment. 
 
 § 193. Embezzling, Stealing, Etc., Public Property. — 
 New Section 47 re-enacts a part of the Act of March 3, 
 1875; First Supplement, page 88, in the following words: 
 
 "Sec. 47. Whoever shall embezzle, steal, or purloin any money, 
 property, record, voucher, or valuable thing whatever, of the moneys, 
 goods, chatties, records, or property of the United States, shall be 
 fined not more than five thousand dollars, or imprisoned not more 
 than five years, or both."
 
 Against Operations of Government. 381 
 
 In drafting indictments for the various offenses creat- 
 ed by this section, to wit, the offenses of embezzlement, 
 larceny, and purloining, it is believed that it will be 
 necessary to set out the elements of these particular of- 
 fenses as understood in the Common Law, for the reason 
 that the statute itself does not specify just what acts 
 shall constitute the offense therein denominated. The 
 cases of Moore vs. United States, 160 U. S., 268; 40 Law 
 Ed., 422, and Faust vs. United States, 163 U. S., 452; 41 
 Law Ed., page 224, will be instructive in determining the 
 principles that must be adhered to in setting out offenses 
 under this statute. For the crime of embezzlement, of 
 course, the indictment must allege that the sum alleged 
 to have been embezzled came into the possession of the 
 defendant in the capacity in which he was an employee 
 of the United States; that is, as assistant, clerk, or em- 
 ployee in whatever department of the Government he 
 served. Want of consent of the postmaster to embezzle- 
 ment of money-order funds by his assistant is not nec- 
 essary to make the latter liable for the crime, under the 
 authority of Faust vs. United States, cited supra. 
 
 It was held in Dimmick vs. United States, 135 Federal, 
 257, that an indictment which charged the defendant 
 with stealing money "belonging to" the United States 
 sufficiently averred the ownership of the property stolen. 
 
 Of course, it is necessary to allege specific intent before 
 the offenses here denominated shall be properly plead. 
 As was well said in United States vs. De Groat, 30 Fed- 
 eral, 764, the Federal Criminal Jurisprudence is entire- 
 ly destitute of any substratum of a Common Law of 
 crimes and misdemeanors upon which to draw for sup- 
 plying elements of the offense, and the Courts look only 
 at the statute, using the Common Law, if necessary, to 
 furnish a definition of the terms used, but never any in- 
 gredient of the offense. That case will be recalled as an 
 indictment for having stolen papers which were public 
 records, but the facts showed that they were stolen from 
 a barn where they were stored, under the belief that they 
 were old papers, and without knowledge of the fact that
 
 382 Federal Criminal Law Procedure. 
 
 they were public records, and the Court ordered a verdict 
 of not guilty. 
 
 Sec. 193 a. Embezzling, Stealing, etc., Public Proper- 
 ty, Continued. 
 
 Section 47 of the Code is in addition to Sec. 36 which 
 we have just discovered was inoperative Edwards vs. 
 U. S., 266 F. 848. 
 
 The indictment must charge that the property was 
 United States property and it is insufficient to say that it 
 was requisitioned, Thompson vs. U. S., 256 F. 616. 
 
 Under this section the court has held that a prosecu- 
 tion may be had for theft of an interstate shipment when 
 the railroads were in the hands of the government, Kam- 
 beitz vs. U. S., 262 F. 378. 
 
 For illustrative cases see Schell vs. U. S., 261 F. 593; 
 Clark vs. U. S., 268 F. 329, this last case is for theft of a 
 mail carrier's check. 
 
 § 194. Receivers, Etc., of Stolen Public Property. — 
 Section 48 of the new Code enacts the substantial fea- 
 tures of the Act of March 3, 1875; First Supplement, 88, 
 and is in the following words: 
 
 "Sec. 48. Whoever shall receive, conceal, or aid in concealing or 
 shall have or retain in his possession with intent to convert to his 
 own use or gain, any money, property, record, voucher, or valuable 
 thing whatever, of the moneys, goods, chattels, records, or property 
 of the United States, which has theretofore been embezzled, stolen 
 or purloined by any other person, knowing the same to have been so 
 embezzled, stolen, or purloined, shall be fined not more than five thous- 
 and dollars, or imprisoned not more than five years, or both; and 
 such person may be tried either before or after the conviction of the 
 principal offender." 
 
 This statute leaves out that provision of the old statute 
 which made the judgment of conviction of the principal 
 conclusive evidence in the prosecution against such re- 
 ceiver. That provision was declared to be unconstitu- 
 tional by the Supreme Court in the case of Kirby vs. 
 United States, 174 U. S., 47; Book 43 Law Ed., page 890. 
 In that case, the Supreme Court held that the provision 
 that the judgment of conviction against the principal 
 felons shall be evidence in the prosecution against the 
 receiver of the property of the United States alleged to
 
 Against Operations of Government. 383 
 
 have been embezzled, stolen, or purloined, is in violation 
 of the clause of the United States Constitution that in 
 criminal prosecutions the accused shall be confronted 
 with the witnesses against him. 
 
 Allegations of Ownership.— Under the authority of the 
 Kirby case, cited above, it is sufficient if an indictment 
 for receiving stolen property of the United States alleges 
 its ownership when it was feloniously received by the 
 accused, by alleging that the property was that of the 
 United States when stolen, and was stolen two days 
 previously to its being received by the defendant, and 
 that he received it knowing that it had been stolen. It 
 was further held in that case that the indictment need 
 not state from whom the accused received it or need not 
 state that the name of such person is unknown to the 
 grand jurors. 
 
 An indictment under this section would be entirely in- 
 sufficient that did not allege knowledge on the part of the 
 receiver, and the words "unlawfully, knowingly, and wil- 
 fully" should be used. 
 
 § 195. Timber Depredations on Public Lands.— The 
 Act of August 4, 1892, 27 Statutes at Large, 348, Second 
 Supplement, 65, extended the Act of June 3, 1878, 20 
 Statute at Large, 90, First Supplement, 168, to include 
 all the public land States, and these Acts are substan- 
 tially re-enacted into new Section 49, in the following 
 words: 
 
 "Sec. 49. Whoever shall cut, or cause or procure to be cut, or shall 
 wantonly destroy, or cause to be wantonly destroyed, any timber 
 growing on the public lands of the United States; or whoever shall 
 remove, or cause to be removed, any timber from said public lands, 
 with intent to export or to dispose of the same; or whoever, being 
 the owner, master, or consignee of any vessel, or the owner, director, 
 or agent of any railroad, shall knowingly transport any timber so 
 cut or removed from said lands, or lumber manufactured therefrom, 
 shall be fined not more than one thousand dollars, or imprisoned not 
 more than one year, or both. Nothing in this section shall prevent 
 any miner or agriculturalist from clearing his land in the ordinary 
 working of his mining claim, or in the preparation of his farm for 
 tillage, or from taking the timber necessary to support his improve- 
 ments, or the taking of timber for the use of the United States. And 
 nothing in this section shall interfere with or take away any right
 
 384 Federal Criminal Law Procedure. 
 
 or privilege under any existing law of the United States to cut or 
 remove timber from any public lands." 
 
 Some of the cases decided by the Courts under some of 
 the timber statutes of the old Code will be of assistance in 
 determining some of the elements of this new section. 
 For instance, in United States vs. Stores, 14 Federal, 824, 
 it was determined that the term "timber," as used in Sec- 
 tion 2461 of the Revised Statutes, applies not alone to 
 large trees fit for house or ship-building, but includes 
 trees of any size, of a character or sort that may be used 
 in any kind of manufacture, or the construction of any 
 article; and it was also there determined that the using 
 of trees for fire-wood or burning into charcoal was no 
 justification for the cutting. 
 
 In United States vs. Garretson, 42 Federal, 22, the Dis- 
 trict Judge held, on demurrer, that the general public 
 domain is open to private entry, and lands cannot be said 
 to be reserved for such entry. The lands reserved are 
 thus severed from the mass of public lands, and appro- 
 priated for Government purposes. 
 
 In a prosecution under Old Section 5388, as amended 
 by the Act of June 4, 1888, which forbade the cutting or 
 wanton destruction of timber upon military or Indian 
 Reservation, the Court, in the case of the United States 
 vs. Konkapot, 43 Federal, 64, held that that statute did 
 not apply to one who removed and used for building 
 purposes timber which had been cut on an Indian Re- 
 servation by another person without his aid or encourage- 
 ment. Of course, the present section not only covers the 
 cutting a and causing or procuring to be cut, or wanton 
 destruction, but also removal of any timber from such 
 public lands. 
 
 Intent. — Prosecutions under this section should include 
 the allegation of knowledge and wilfulness, and a depre- 
 dation by mistake, it is thought, would not be an offense; 
 that is, for one who got upon the public domain thinking 
 that he was upon his own property. When, however, he 
 has knowledge that it is Government lands, on the au- 
 thority of Taylor vs. United States, 113 Federal, which 
 was an opinion by the Circuit Court of Appeals for the
 
 Against Operations of Government. 385 
 
 Eighth Circuit, he would not be protected by a general 
 custom in that particular locality, which was known to 
 the General Land Office, of entering on land and cutting 
 the timber therefrom before the patent was obtained: nor 
 would the defendant be protected for unlawfully cutting 
 timber on public land by the fact that he acted in ac- 
 cordance with a general custom, nor by the fact that 
 prior to the time he unlawfully cut timber he endeavored 
 to ascertain whether the land was surveved, and had also 
 notified a Special Agent of the Government that he was 
 cutting the timber, and was not warned off for three 
 weeks. None of these facts, says the Court, in that case, 
 are evidence of an honest intent. It was also determined 
 in that case that an occupant of a mineral claim, who 
 has applied for a patent before the purchase price is 
 paid, and before he receives a certificate, has no right 
 to cut the timber on such claim with the intent to export 
 or remove the same, and a license from him to so cut the 
 timber gives no protection to the licensee as against the 
 Government. 
 
 Indictment. — In Morgan vs. United States, 148 Fed- 
 eral, 189, the Circuit Court of Appeals for the Eighth Cir- 
 cuit, held that in a prosecution for cutting timber from 
 the public domain, the defendant was not prejudiced by 
 the fact that the indictment charged that he cut the tim- 
 ber with intent unlawfully to export and with intent to 
 dispose of the same, and that a conviction could not be 
 set aside because of such duplicity, since section 1025 pro- 
 vided that no indictment shall be deemed insufficient or 
 the proceedings under it affected, by any defect in mat- 
 ter of form, which does not tend to prejudice the defend- 
 ant. 
 
 Sec. 195 a. Timber Depredations on Public Lands, 
 Continued. 
 
 A mistaken belief may excuse, U. S. vs. Hammond, 246 
 F. 40. 
 
 § 196. Timber, Etc., Depredations on Indian and 
 Other Reservations. — Section 5388 of the old statutes, 
 and the Acts of March 3, 1875, First Supplement, 91, and 
 
 25
 
 886 Federal Criminal Law Procedure. 
 
 the Fourth of June, 1888, 4 Supplement, 588, are included 
 in substance in new Section 50, which reads as follows: 
 
 "Sec. 50. Whoever shall unlawfully cut, or aid in unlawfully cut- 
 ting, or shall wantonly injure or destroy, or procure to be wantonly 
 injured or destroyed, any tree, growing standing, or being upon any 
 land of the United States which, in pursuance of law, has been re- 
 served or purchased by the United States for any public use, or upon 
 any Indian Reservation, or lands belonging to or occupied by any 
 tribe of Indians under the authority of the United States, shall bo 
 fined not more than five hundred dollars, or imprisoned not more 
 than one year, or both." 
 
 In the case of United States vs. Pine River Logging 
 and Improvement Company, 89 Federal, 907, the Circuit 
 Court of Appeals for the Eighth Circuit announced the 
 doctrine that the title to the timber growing or standing 
 on Indian Reservations is in the United States, and in the 
 absence of legislative authority, Indians have no right to 
 cut or dispose of it; and where an Indian made a con- 
 tract with a purchaser to cut and deliver to such purchas- 
 er a certain quantity of timber, "more or less, or about," 
 to be taken from the dead timber on a reservation, which 
 contract to sell was permitted by an Act of Congress 
 empowering the President, in his discretion, to authorize 
 certain sales, such contract would be limited to the 
 amount stated, and the fact that the purchaser had paid 
 for a large quantity, delivered and received, in excess 
 of that stated in the contract, did not give him title there- 
 to, and it was no defense to a suit for its recovery by 
 the Government. 
 
 In that suit it was also determined that a Government 
 agent could not legalize a trespass committed by the cut- 
 ting of living trees in violation of the statute, by agree- 
 ing, after they were cut and had thus become dead tim- 
 ber, that they might pass under a contract, and such an 
 agreement would not estop the Government from re- 
 covering the value of such trees. 
 
 § 197. Boxing, Etc., Timber on Public Lands for Tur- 
 pentine, Etc— The Act of June 4, 1906, 34 Statute at 
 Large, 208, is practically re-enacted into new Section 51:
 
 Against Operations of Government. 387 
 
 "Sec. 51. Whoever shall cut, chip, chop, or box any tree upon any 
 lands belonging to the United States, or upon any lands covered by 
 or embraced in any unperfected settlement, application, filing, entry, 
 selection, or location, made under any law of the United States, for 
 the purpose of obtaining from such tree any pitch, turpentine, or other 
 substance, or shall knowingly encourage, cause, procure, or aid in the 
 cutting, chipping, chopping, or boxing of any such tree, or shall buy, 
 trade for, or in any manner acquire any pitch, turpentine, or other 
 substance, or any article or commodity made from any such pitch, 
 turpentine, or other substance, when he has knowledge that the same 
 has been so unlawfully obtained from such trees, shall be fined not 
 more than five hundred dollars, or imprisoned not more than one 
 year, or both." 
 
 This statute became necessary t// reason of the depre 
 dations which the Courts held were not violations of any 
 existing statutes. In United States vs. Garretson, 42 
 Federal, 22, the Court held that Section 5388 of the old 
 Statute, making the wanton destruction of timber on 
 lands reserved for public uses a crime, did not cover tur- 
 pentine boxing or wanton destruction of timber on lands 
 open for pre-emption, homestead, and cash entries. So 
 also, to the same effect was the case of Bryant vs. United 
 States, 105 U. S., 941, where the Circuit Court of Appeals 
 for the Fifth Circuit held that old Section 2461, which 
 prohibited the cutting or removing of oak trees or other 
 timber from the public lands of the United States, with 
 intent to export, dispose of, use, or employ, the trees 
 or timber for any purpose except for the use of the navy, 
 was not violated by boxing pine trees on public lands for 
 the purpose of the manufacture of turpentine, since the 
 same was not a cutting of trees within the meaning of 
 the statute. The present statute, however, inhibits the 
 cutting, chipping, chopping, or boxing for the purposes 
 therein denounced. An indictment, of course, should 
 contain the words "unlawful, wilful, and knowing.' 1 
 
 § 198. Setting Fire to Timber on Public Lands. — New 
 Section 52, which incorporates the salient features of the 
 Act of the 24th of February, 1897; Second Supplement, 
 562, and the Act of May 5, 1900, Second Supplement, 
 1163, is in the following words:
 
 388 Federal Criminal Law Procedure. 
 
 "Sec. 52. Whoever shall wilfully set on fire, or cause to be set on 
 fire, any timber, underbrush, or grass upon the public domain, or 
 shall leave or suffer fire to burn unattended near any timber or other 
 inflammable material, shall be fined not more than five thousand dol- 
 lars, or imprisoned not more than two years, or both." 
 
 § 199. Failing to Extinguish Fires. — Section 53 of the 
 new Code is made from a part of the Acts of which 52 
 was constructed, and reads as follows: 
 
 "Sec. 53. Whoever shall wilfully set on fire, or cause to be set on 
 fire, any timber, underbrush, or grass upon the public domain, or shall 
 leave or suffer fire to burn unattended near any timber, or other in- 
 flammable material, shall be fined not more than five thousand dol- 
 lars, or imprisoned not more than two years, or both." 
 
 The fines arising from Sections 52 and 53 are to be paid 
 into the Public School Fund of the county in which the 
 lands where the offense was committed are situated, and 
 this is provided by Section 54 of the new Code. 
 
 § 200. Breaking Fence or Gate Enclosing Reserve 
 Lands, or Driving or Permitting Live Stock to Enter 
 Upon. — Section 56 of the new Code reads as follows : 
 
 "Sec. 56. Whoever shall knowingly and unlawfully break, open, 
 or destroy any gate, fence, hedge, or wall inclosing any lands of the 
 United States, which, in pursuance of any law, have been reserved or 
 purchased by the United States for any public use; or whoever shall 
 drive cattle, horses, hogs, or other live stock upon any such lands, 
 for the purpose of destroying the grass or trees on said lands, or 
 where they may destroy the said grass or trees; or whoever shall 
 knowingly permit his cattle, horses, hogs, or other live stock, to en- 
 ter through any such inclosure upon any such lands of the United 
 States, where such cattle, horses, hogs, or other live stock may or can 
 destroy the grass or trees or other property of the United States on 
 the said lands, shall be fined not more than five hundred dollars, or 
 imprisoned not more than one year, or both; Provided, That nothing 
 in this section shall be construed to apply to unreserved public 
 lands." 
 
 § 201. Injuring or Removing Posts or Monuments. 
 Section 57 the new Code is as follows: 
 
 "Sec. 57. Whoever shall wilfully destroy, deface, change, or re- 
 move to another place any section corner, quarter-section corner, or 
 meander post, on any Government line of survey, or shall wilfully
 
 Against Operations of Government. 389 
 
 cut down any witness trees or any tree blazed to mark the line of a 
 Government survey, or shall wilfully deface, change, or remove any 
 monument or bench mark of any Government, survey, shall be fined 
 not more than two hundred and fifty dollars, or imprisoned not more 
 than six months, or both." 
 
 § 202. Interrupting Service.— Section 58 of the new 
 Code reads in the following words, and takes the place of 
 old Section 2412: 
 
 "Sec. 58. Whoever in any manner, by threats or force, shall in 
 terrupt, hinder, or prevent the surveying of the public lands, or of 
 any private land claim which has been or may be confirmed by the 
 United States, by the persons authorized to survey the same, in con- 
 formity with the instructions of the Commissioner of the General 
 Land Office, shall be fined not more than three thousand dollars and 
 imprisoned not more than three years." 
 
 § 203. Agreement to Prevent Bids at Sale of Lands. 
 — Old Section 2373 becomes new Section 59, which is in 
 the following words: 
 
 "Sec. 59. Whoever, before or at the time of the public sale of any 
 of the lands of the United States, shall bargain, contract, or agree, 
 or attempt to bargain, contract, or agree with any other person, that 
 the last-named person shall not bid upon or purchase the land so 
 offered for sale, or any parcel thereof; or whoever by intimidation, 
 combination, or unfair management shall hinder or prevent, or at- 
 tempt to hinder or prevent, any person from bidding upon or pur 
 chasing any tract of land so offered for sale, shall be fined not more 
 than one thousand dollars, or imprisoned not more than two years, 
 or both." 
 
 § 204. Injuries to United States Telegraph, Etc., 
 Lines. — The Act of the twenty-third of June, 1874, 18 
 Statute at Large, 250, First Supplement, 46, did not in- 
 clude telephone and cable lines and systems, but Section 
 60 of the new Code, in the following words, does: 
 
 "Sec. 60. Whoever shall wilfully or maliciously injure or destroy 
 any of the works, property, or material of any telegraph, telephone, 
 or cable line, or system, operated or controlled by the United States, 
 whether constructed, or in process of construction, or shall wilfully 
 or maliciously interfere in any way with the working or use of any 
 such line, or system, or shall wilfully or maliciously obstruct, hinder, 
 or delay the transmission of an communication over any such line.
 
 390 Federal Criminal Law Procedure. 
 
 or system, shall be fined not more than one thousand dollars, or im- 
 prisoned not more than three years, or both." 
 
 § 205. Counterfeiting Weather Forecasts. — All of the 
 salient features of the Act of August 8, 1894, 28 Statute at 
 Large, 274; Second Supplement, 233; the Act of March 
 2, 1895, 28 Statute at Large, 737; Second Supplement, 
 406; and the Act of April 25, 1896, 29 Statute at Large, 
 108, Second Supplement, 459, are re-enacted in the new 
 Section 61, which reads as follows: 
 
 "Sec. 61. Whoever shall knowingly issue or publish any counter- 
 feit weather forecast or warning of weather conditions falsely re- 
 presenting such forecast or warning to have been issued or published 
 by the Weather Bureau, United States Signal Service, or other branch 
 of the Government service, shall be fined not more than five hundred 
 dollars, or imprisoned not more than ninety days, or both." 
 
 § 206. Interfering with Employees of Bureau of Ani- 
 mal Industry.— The Act of March 3, 1905, 33 Statute at 
 Large, 1265, is re-enacted, with few unimportant changes, 
 in Section 62 in the following words: 
 
 "Sec. 62. Whoever shall forcibly assault, resist, oppose, prevent, 
 impede, or interfere with any officer or employee of the Bureau of 
 Animal Industry of the Department of Agriculture in the execution 
 of his duties, or on account of the execution of his duties, shall be 
 fined not more than one thousand dollars, or imprisoned not more 
 than one year, or both; and whoever shall use any deadly or dan- 
 gerous weapon in resisting any officer or employee of the Bureau of 
 Animal Industry of the Department of Agriculture in the execution 
 of his duties, with intent to commit a bodily injury upon him or to 
 deter or prevent him from discharging his duties or on account of the 
 performance of his duties, shall be fined not more than one thousand 
 dollars, or imprisoned not more than five years, or both." 
 
 § 207. Forgery of Certificate of Entry.— Section 63 
 of the new Code re-enacts the substantial provisions of 
 old Section 5417, in the following words: 
 
 "Sec. 63. Whoever shall forge, counterfeit, or falsely alter any 
 certificate of entry made or required to be made in pursuance of law 
 by any officer of the customs, or shall use any such forged, counter- 
 feited, or falsely altered certificate, knowing the same to be forged, 
 counterfeited, or falsely altered, shall be fined not more than ten 
 thousand dollars and imprisoned not more than three years."
 
 Against Operations of Government. 39J 
 
 § 208. Concealment or Destruction of Invoices, Etc. 
 —Old Section 5443 is re-enacted into Section 64 in the 
 following words: 
 
 "Sec. 64. Whoever shall wilfully conceal or destroy any invoice, 
 book, or paper, relating to any merchandise liable to duty, which has 
 been or may be imported into the United States from any foreign 
 port or country, after an inspection thereof has been demanded by 
 the collector of any collection district, or shall at any time conceal 
 or destroy any such invoice, book, or paper for the purpose of sup- 
 pressing any evidence of fraud therein contained, shall be fined not 
 more than five thousand dollars, or imprisoned not more than two 
 years, or both." 
 
 § 209. Resisting Revenue Officers; Rescuing or De- 
 stroying Seized Property, Etc.— The provisions of old 
 Section 5447 become in substance Section 65 of the new 
 Code, in the following words: 
 
 "Sec. 65. Whoever shall forcibly assault, resist, oppose, prevent, 
 impede, or interfere with any officer of the customs or of the internal 
 revenue, or his deputy, or any person assisting him in the execution 
 of his duties, or any person authorized to make searches and seizures, 
 in the execution of his duty, or shall rescue, attempt to rescue, or 
 cause to be rescued, any property which has been seized by any person 
 so authorized; or whoever before, at, or after such seizure, in order to 
 prevent the seizure or securing of any goods, wares, or merchandise 
 by any person so authorized, shall stave, break, throw overboard, 
 destroy, or remove the same, shall be fined not more than two thous- 
 and dollars, or imprisoned not more than one year, or both; and who- 
 ever shall use any deadly or dangerous weapon in resisting any per- 
 son authorized to make searches or seizures, in the execution of his 
 duty, with intent to commit a bodily injury upon him, or to deter or 
 prevent him from discharging his duty, shall be imprisoned not more 
 than ten years." 
 
 Sec. 209 a. Resisting Officer, etc., Continued. 
 
 The indictment must show the legality of the act that 
 the officer was attempting to do otherwise is defective, U. 
 S. vs. Hallowell, 271 F. 795. 
 
 § 210. Falsely Assuming to be Revenue Officer.- 
 There is little difference between Section 5448 of the old 
 Statutes and new Section 66, which is as follows: 
 
 "Sec. 66. Whoever shall falsely represent himself to be a revenue 
 officer, and, in such assumed character, demand or receive any
 
 392 Federal Criminal Law Procedure. 
 
 money or other article of value from any person for any duty or tax 
 due to the United States, or for any violation or pretended violation 
 of any revenue law of the United States, shall be fined not more than 
 five hundred dollars and imprisoned not more than two years." 
 
 This statute is in addition to Section 32 of the new 
 Code, which has been heretofore noticed, and which was 
 old Section 5448. Section 32 makes it an offense for any 
 person to pretend to be any United States officer, while 
 Section 66 makes it an offense to assume to be a revenue 
 officer, when in such assumed character a demand is 
 made for, or any money or other article of value is re- 
 ceived from any person for any duty or tax due the Unit- 
 ed States, or for any violation or pretended violation of 
 any of the revenue laws of the United States. In other 
 words, a bare assumption or pretention that one is a 
 United States revenue officer, without demanding or re- 
 ceiving any money or article of value, as set out in the 
 statute, would not be an offense under this section, nor 
 would it be an offense under Section 32. 
 
 Indictment. — An indictment should charge the unlaw- 
 ful, felonious, and false representation of the defendant 
 to be a revenue officer of the United States, and that in 
 such assumed character he did demand and receive cer- 
 tain money or valuable thing, as the case may be, as a 
 duty or tax, or in settlement of some violation or pre- 
 tended violation of the Government revenue laws. 
 
 In United States vs. Browne, 119 Federal, 482, District 
 Judge Thomas held good, on demurrer, an indictment 
 which jointly indicted two defendants under old Section 
 5448, the first count of which charged that the defendants 
 unlawfully and feloniously falsely represented themselves 
 to be revenue officers of the United States, and in such 
 assumed character did demand and receive certain money, 
 to wit, two hundred dollars, of and from one A. Isaacs, 
 for a pretended violation by the said Isaacs of a revenue 
 law of the United States; that is to say, of Section 8 of 
 an Act of Congress concerning internal revenue taxation, 
 approved June 13, 1898, as amended in the respect of 
 knowingly and wilfully buying washed revenue stamps, 
 etc. The second count was like the first, except that it
 
 Against Opeeations of Government. 393 
 
 charged that the defendants had in possession washed 
 and restored revenue stamps, knowingly, and without 
 lawful excuse. The third count charged that the defend- 
 ants, with intent to defraud one Isaacs, unlawfully and 
 feloniously, did falsely assume and pretend to be officers 
 and employees acting under the authority of the United 
 States, to wit, revenue officers and employees, and in 
 such pretended character did fraudulently demand and 
 obtain from him, the said Isaacs, a sum of money, to wit, 
 two hundred dollars. This third count, it will be noticed, 
 is laid under what is now new Section 32. The defend- 
 ants' counsel contended that the averments of the indict- 
 ment were not sufficiently defined, particularly as to the 
 designation of the sort of revenue officer meant. The 
 Court held that the words of the indictment were tech- 
 nically sufficient to charge an offense under the statute 
 
 The case of the United States vs. Farnham, 127 Fed- 
 eral, 478, was discussed in considering Section 32 supra, 
 but it is not out of place to cite it here again to support 
 the theory that there must not be a remoteness between 
 the pretended character, and the demand or receipt of 
 the money or thing of value. In the Farnham case, the 
 defendant pretended to be a secret-service operative, 
 wearing a badge, etc. Ten months afterwards he re- 
 turned to the same hotel, representing himself to be a 
 traveling salesman, and secured the cashing of a worth- 
 less check. At the time of the cashing of the worthless 
 check, he did not make any further representation of his 
 Government employment, and the Court held that the 
 facts were insufficient to sustain a conviction for pretend- 
 ing to be an employee of the United States, and as such 
 knowingly and feloniously obtaining from another a sum 
 of money, etc. 
 
 § 211. Offering Presents to Revenue Officers. — Sec- 
 tion 67 of the new Code, which re-enacts the substantial 
 provisions of old Statute 5452, is as follows: 
 
 "Sec. 67. Whoever, being engaged in the importation into the 
 United States of any goods, wares, or merchandise, or being interested 
 as principal, clerk, or agent in the entry of any goods, wares, or 
 merchandise, shall at any time make, or offer to make, to any officer
 
 394 Federal Criminal Law Procedure. 
 
 of the revenue, any gratuity or present of money or other thing of 
 value, shall be fined not more than five thousand dollars, or im- 
 prisoned not more than two years, or both." 
 
 The offense herein denounced is a species of bribery, 
 and without the using the ugly word " bribery, ' ; is for 
 the purpose of covering such gratuities and gifts as 
 might otherwise be received by the public official, even 
 thought such official would not think of accepting a bribe. 
 The statute is limited in that it only applies to such gra- 
 tuities or presents as are made by importers to any officer 
 in the Federal revenue service. Smuggling of merchan- 
 dise from foreign countries into the United States would 
 doubtless be facilitated to a more or less extent by gifts 
 or gratuities from such smugglers to revenue inspectors 
 and officers. The purpose, therefore, of the statute, seems 
 to be to prevent such friendships between importers and 
 revenue officials as would facilitate importations of goods 
 into this country without the payment of legal duties. 
 
 § 212. Admitting Merchandise to Entry for Less 
 Than Legal Duty. — Old Section 5444 becomes new Sec- 
 tion 68, which reads as follows: 
 
 "Sec. 68. Whoever, being an officer of the revenue, shall, by any 
 means whatever, knowingly admit or aid in admitting to entry, any 
 goods, wares, or merchandise, upon payment of less than the amount 
 of duty legally due thereon, shall be removed from office and fined 
 not more than five thousand dollars, or imprisoned not more than 
 two years, or both." 
 
 District Judge Chatfield, in the case of United States 
 vs. Mescall, 164 Federal, 584, which was an indictment 
 under old Section 5444, held that that section did not 
 refer merely to the act of filing at the customs-house the 
 document known as an entry, but comprises the transac- 
 tion of entering the goods into the body of the commerce 
 of the country; that is, the whole process of passing the 
 goods from the customs-house, which cannot be deemed 
 completed until liquidation has been had. He further 
 held that the words in the statute, "aid in the illegal ad- 
 mission of imports," includes aid given both before and 
 after the fact, and where a custom officer aids one who
 
 Against Operations of Government. 395 
 
 had made wrongful entry, by concealing the falsity of 
 the entry, or by supporting it by false official returns, he 
 is within the prohibition of the section. 
 
 Indictment.— In the above case, the Court held thai an 
 indictment which charged that certain goods had been 
 imported into the United States, and entered by the im- 
 porter with the collector of the port under an entry num- 
 ber, that such goods were subject to a specific duty, and 
 that the defendant, who was an officer of the customs 
 service, as a part of his official duties, was to weigh the 
 goods included in this particular importation, and to 
 return to the collector a true statement of the result of 
 that weighing from which statement the amount of duty 
 to be collected was to be liquidated and paid, and that 
 in fact the defendant returned a false statement of weight, 
 upon which false weight duty was paid, (the amount of 
 this payment being too little, in proportion to the amount 
 by which the false weight was less than the actual 
 weight), and that the defendant, by so doing, unlawfully 
 admitted, or aided in admitting, to entry, goods specified 
 upon payment of less than the amount of duty legally 
 due thereon, was not subject to demurrer for failing to 
 describe an offense under this statute. See also United 
 States vs. Browne, 126 Federal, 766, and United States 
 vs. Legg, 105 Federal, 933. See United States vs. Mescall, 
 by the same judge, for other points, 164 Federal, 587. 
 
 § 213. Securing Entry of Merchandise by False Sam- 
 ples, Etc. — Section 69 in the new Code is the same as 
 Section 5445 of the old Statutes, and is as follows: 
 
 "Sec. 69. Whoever, by any means whatever, shall knowingly effect, 
 or aid in effecting, any entry of goods, wares, or merchandise, at less 
 than the true weight or measure thereof, or upon a false classification 
 thereof as to quality or value, or by the payment of less than the 
 amount of duty legally due thereon, shall be fined not more than five 
 thousand dollars, or imprisoned not more than two years, or both." 
 
 The allegations and proof under this section should 
 show knowledge on the part of the defendant of the im- 
 proper weight or measure or classification of the goods
 
 396 Federal Criminal Law Procedure. 
 
 or articles imported; and while in United States vs. Ros- 
 enthal, 126 Federal, 766, District Judge Thomas held that 
 an indictment under 5445 which charged that the defend- 
 ant, on a day named, "with intent .... that the United 
 States should be wrongfully deprived of a portion of the 
 lawful duties due" on certain imported goods which 
 were specifically dutiable according to weight, effected 
 an entry thereof at less than their true weight, and by 
 payment of less than their legal duty, sufficiently charged 
 that the entry was knowingly effected; yet, it is believed 
 that the correct practice is to use the word knowingly in 
 the indictment when the statute makes knowledge a con- 
 stituent of the offense. 
 
 With the above qualification, the indictment as epito- 
 mized by Judge Thomas in that case, may be relied upon 
 as good under this statute, such epitome comprehending 
 that the defendants, on the day named, and with intent 
 to defraud the United States of duty on goods specifi- 
 cally dutiable according to weight, effected an entry there- 
 of, which was an entry for warehousing the goods, and 
 by payment of less than the legal duty. They effected 
 said entry, (1) by making it in accordance with false 
 statements as to weight in the invoice, which invoice had 
 by their direction been made, consulated, and forwarded 
 by their agent in Japan; (2) by corruptly procuring said 
 invoice to be wrongfully approved, passed, and reported, 
 by Browne, the examiner, to the collector. In other words, 
 the offense described in the statute is knowingly effecting 
 an entry of goods, (a) at less than their true weight or 
 measure; (b) upon a false classification; or (c) by pay- 
 ment of less than legal duty. 
 
 § 214. False Certification by Consular Officers.— Old 
 Statute 5442 has been changed by the omission of the 
 words " commercial agent or vice-commercial agent," 
 substituting therefor, "or other person employed in the 
 Consular Service of the United States," in new Section 
 70, which is in the following words: 
 
 "Sec. 70. Whoever, being a consul, or vice-consul, or other person 
 employed in the consular service of the United States, shall know- 
 ingly certify falsely to any invoice, or other paper, to which his
 
 Against Operations of Government. 397 
 
 certificate is by law authorized or required, shall be fined not more 
 than ten thousand dollars and imprisoned not more than three years. " 
 
 This is the only difference between the new and the old 
 law. 
 
 Query. — An United States Consul or other person in 
 the Consular Service who committed the offense denounc- 
 ed by the statute while he was in some foreign country 
 would be beyond the jurisdiction of the Federal Govern- 
 ment, because of venue. The incorporation of the word 
 "knowingly" in the section also requires it in the proof 
 and indictment. 
 
 § 215. Taking Seized Property from Custody of Reve- 
 nue Officer. — There is practically no difference between 
 the wording of old Section 5446 and new Section 71, 
 which reads as follows: 
 
 "Sec. 71. Whoever shall dispossess or rescue, or attempt to dis- 
 dispossess or rescue, any property taken or detained by any officer 
 or other person under the authority of any revenue law of the 
 United States, or shall aid or assist therein, shall be fined not more 
 than three hundred dollars and imprisoned not more than one year." 
 
 While this statute does not contain the word "know- 
 ingly," there is no doubt but that an indictment should 
 allege that the person charged knew that the property 
 rescued or taken from the revenue officer was in fact in 
 possession of such officer as a revenue officer of the Unit- 
 ed States. 
 
 § 216. Forging, Etc., Certificate of Citizenship. — The 
 Act of June 29, 1906, 34 Statute at Large, 602, known as 
 the Naturalization Law, contained at Section 16 a pro- 
 vision for the prosecution of falsely making, forging, 
 etc., certificates, when such certificate was for the use of 
 the person so falsely making or for the use of someone 
 else. In other words, to constitute an offense under the 
 statute, the certificate must have been so falsely made, 
 etc., to be used, and such allegation is necessary in the 
 bill, and must be made in the proof. The section, as it 
 passes into the new Code, becomes Section 74, which 
 reads as follows:
 
 398 Federal Criminal Law Procedure. 
 
 "Sec. 74. Whoever shall falsely make, forge, or counterfeit, or 
 cause or procure to be falsely made, forged, or counterfeited, or shall 
 knowingly aid or assist in falsely making, forging, or counterfeiting 
 any certificate of citizenship, with intent to use the same, or with 
 the intent that the same may be used by some other person, shall be 
 fined not more than ten thousand dollars, or imprisoned not more 
 than ten years, or both." 
 
 Sec. 216 a. Cancellation of Illegally Secured Certifi- 
 cate of Citizenship. 
 
 The United States may bring a suit to cancel an il- 
 legally secured certificate of citizenship, Grahl vs. U. S., 
 261 F. 487. 
 
 § 217. Engraving, Etc., Plate for Printing or Photo- 
 graphing, Concealing, or Bringing Into the United States, 
 Etc., Certificate of Citizenship. — From the same law, and 
 being Section 17 thereof, comes Section 75 of the new 
 Code, which reads as follows: 
 
 "Sec. 75. Whoever shall engrave, or cause or procure to be en- 
 graved, or assist in engraving, any plate in the likeness of any plate 
 designed for the printing of a certificate of citizenship; or whoever 
 shall sell any such plate, or shall bring into the United States from 
 any foreign place any such plate, except under the direction of the 
 Secretary of Commerce and Labor, or other proper officer; or who- 
 ever shall have in his control, custody, or possession any metallic 
 plate engraved after the similitude of any plate from which any such 
 certificate has been printed, with intent to use or to suffer such plate 
 to be used in forging or counterfeiting any such certificate or any 
 part thereof; or whoever shall print, photograph, or in any manner 
 cause to be printed, photograph, made, or executed, any print or 
 impression in the likeness of any such certificate, or any part there- 
 of; or whoever shall sell any such certificate, or shall bring the same 
 into the United States from any foreign place, except by direction 
 of some proper officer of the United States; or whoever shall have 
 in his possession a distinctive paper which has been adopted by the 
 proper officer of the United States for the printing of such certificate, 
 with intent unlawfully to use the same, shall be fined not more than 
 ten thousand dollars, or imprisoned not more than ten years, or 
 both." 
 
 § 218. False Personation, Etc., In Procuring Natu- 
 ralization. — Section 5424 of the old statutes was construed 
 in the cases of United States vs. York, 131 Federal, 323, 
 and United States vs. Raisch, 144 Federal, 486, by reason 
 of its peculiar wording, as follows:
 
 Against Operations of Government. 399 
 
 "It will be observed that after the word 'or' and before the words 
 'who tries,' etc., are omitted the words 'every person,' with which 
 the section opens. The same omission occurs in the third auxiliary 
 clause of the section; hence 'who,' as so used, and whenever used 
 in the section, refers to the initial 'every person.' But such words 
 'every person' are modified by the words 'applying to be admitted 
 a citizen, or appearing as a witness for any such person'; hence, as 
 the section literally reads, a person uttering a certificate can only 
 be punished in case he was a 'person applying to be admitted a 
 citizen, or appearing as a witness for any such person'." United 
 States vs. York, 131 Fed., 327. 
 
 To the same effect is United States vs. Raisch, by Judge 
 De Haven, who limits the application of the old section to 
 the person applying to be admitted a citizen, or appear- 
 ing as a witness for any such person. To meet such 
 construction, and to remedy what was evidently a mis- 
 take, we have Section 76 of the new Code, in the follow- 
 ing words: 
 
 "Sec. 76. Whoever, when applying to be admitted a citizen, or 
 when appearing as a witness for any such person, shall knowingly 
 personate any person other than himself, or shall falsely appear in 
 the name of a deceased person, or in an assumed or fictitious name: 
 or whoever shall falsely make forge, or counterfeit any oath, notice, 
 affidavit, certificate, record, signature, or other instrument, paper, or 
 proceeding required or authorized by any law relating to or providing 
 for the naturalization of aliens; or whoever shall utter, sell, dispose of, 
 or shall use as true or genuine, for any unlawful purpose, any false, 
 forged, antedated, or counterfeit oath, notice, certificate, order, record, 
 signature, instrument, paper, or proceeding above specified; or who- 
 ever shall sell or dispose of to any person other th*n the person for 
 whom it was originally issued any certificate of citizenship, or certifi- 
 cate showing any person to be admitted a citizen, shall be fined not 
 more than one thousand dollars, or imprisoned not more than five 
 years, or both.'' 
 
 This section clearly applies generally to every person, 
 whether he be applying to be admitted a citizen, or 
 whether he be appearing as a witness for any such per- 
 son. The use of the word "whoever" before each of the 
 clauses in the section which denounce various phases of 
 the offense, meet clearly the limitations found in the old 
 statute, and render the new section general in its appli- 
 cation.
 
 400 Federal Criminal Law Procedure. 
 
 § 219. Using False Certificate of Citizenship, or De- 
 nying- Citizenship, Etc. — Section 5425 of the old statute 
 was enlarged by the Act of June 29, 1906, 34 Statute at 
 Large, 602, which now passes into the new Code as Sec- 
 tion 77, in the following words: 
 
 "Sec. 77. Whoever shall use or attempt to use, or shall aid, assist, 
 or participate in the use of any certificate of citizenship, knowing 
 the same to be forged, counterfeit, or antedated, or knowing the same 
 to have been procured by fraud or otherwise unlawfully obtained: 
 or whoever, without lawful excuse, shall knowingly possess any false, 
 forged, antedated, or counterfeit certificate of citizenship purporting to 
 have been issued under any law of the United States relating to natur- 
 alization, knowing such certificate to be false, forged, antedated, or coun- 
 terfeit, with the intent unlawfully to use the same; or whoever shall 
 obtain, accept, or receive any certificate of citizenship, knowing the 
 same to have been procured by fraud or by the use or means of any 
 false name or statement given or made with the intent to procure, or 
 to aid in procuring, the issuance of such certificate, or knowing the 
 same to have been fraudulently altered or antedated; or whoever, 
 without lawful excuse, shall have in his possession any blank certifi- 
 cate of citizenship provided by the Bureau of Immigration and 
 Naturalization with the intent unlawfully to use the same; or who- 
 ever, after having been admitted to be a citizen, shall, on oath or by 
 affidavit, knowingly, deny that he has been so admitted, with the 
 intent to evade or avoid any duty or liability imposed or required by 
 law, shall be fined not more than one thousand dollars, or imprisoned 
 not more than five years, or both." 
 
 The rule announced in United States vs. Melfi, 118 Fed- 
 eral, 902, which was a prosecution for conspiracy to 
 commit an offense against the United States by causing a 
 violation of Section 5425, is applicable to the drafting 
 of indictments under the new section, and it will, there- 
 fore, be observed that one of the essential ingredients 
 of the offense is that the person who should obtain, ac- 
 cept, or receive a certificate of citizenship, who should do 
 so with knowledge on his part that it had been procured 
 by means of false statements made with intent to pro- 
 cure or aid in procuring the issue of such certificate. 
 
 Bunning throughout these naturalization laws, is the 
 use of the word "knowingly," and the pleader must not 
 assume that such word was used by Congress uninten- 
 tionally. It is absolutely necessary to show knowledge, 
 both in allegation and in proof.
 
 Against Operations op Government. 401 
 
 Sec. 219 a. Using False Certificates of Citizenship 
 Continued. 
 
 Sec. 79 of the Code denounces a false representation 
 as to being a United States citizen; also see Christopoulo 
 vs. U. S., 230 F. 789. 
 
 § 220. Using False Certificate, Etc., as Evidence of 
 Right to Vote.— Section 78. of the new Code displaces old 
 Section 5426, and is in the following words: 
 
 "Sec. 7S. Whoever shall in any manner use, for the purpose of 
 registering as a voter, or as evidence of a right to vote, or otherwise 
 unlawfully, any order, certificate of citizenship, or certificate, judg- 
 ment, or exemplification, showing any person to be admitted to be a 
 citizen, whether heretofore or hereafter issued or made, knowing 
 that such order, certificate, judgment, or exemplification has been un- 
 lawfully issued or made; or whoever shall unlawfully use, or at- 
 tempt to use, any such order or certificate, issued to or in the name 
 of any other person, or in a fictitious name, or the name of a de- 
 ceased person, shall be fined not more than one thousand dollars, or 
 imprisoned not more than five years, or both." 
 
 Bearing in mind the observation that has been so often 
 repeated as to the use of the word "knowledge" or 
 "knowingly" in these naturalization statutes, it is well 
 to call attention to the case of United States vs. Lehman, 
 39 Federal, 768, where Judge Thayer held that an indict- 
 ment for a violation of such statute, which describes the 
 fraud without describing the facts constituting the fraud, 
 is bad, though the allegation be made that such acts are 
 unknown to the grand jury. In the matter of Coleman, 
 15 Blatchf., 406, it was held that knowledge that the cer- 
 tificate was unlawfully issued or made was necessary to 
 constitute an offense under the section. There can be no 
 conviction when it appears that the defendant complied 
 fully with all the conditions imposed on him as prereq- 
 uisite to his admission and that the unlawfulness, if 
 any, was in the want of form in the record of the Court. 
 So, in United States vs. Burley, 14 Blatchf., U. S., 91, 
 where the defendant was indicted under this section and 
 the proof showed that the defendant had registered as a 
 voter upon the protection of the certificate, which certifi- 
 cate, had been issued when the applicant was not in Court, 
 and without any oath taken by him, the certificate being 
 
 26
 
 402 Federal Criminal Law Procedure. 
 
 regular upon its face, the mere fact that the defendant 
 knew that the certificate had been issued without his 
 presence in Court, and without any oath being taken by 
 him, was not sufficient to warrant a conviction. 
 
 § 221. Falsely Claiming Citizenship. — Section 5428 of 
 the old statutes, becomes Section 79 of the new Code in 
 the following words: 
 
 "Sec. 79. Whoever shall knowingly use any certificate of naturaliza- 
 tion heretofore or which hereafter may be granted by any court, 
 which has been or may be procured through fraud or by false evi- 
 dence, or which has been or may hereafter be issued by the clerk or 
 any other officer of the court without any appearance and hearing of 
 the applicant in court and without lawful authority; or whoever, for 
 any fraudulent purpose whatever, shall falsely represent himself to 
 be a citizen of the United States without having been duly admitted 
 to citizenship, shall be fined not more than one thousand dollars, or 
 imprisoned not more than two years, or both." 
 
 The word "duly" in the section on the authority of 
 Judge Chatfield in United States vs. Hamilton, 157 Fed- 
 eral, 569, applies to a regular compliance with require- 
 ments, rather than to the truth of the facts involved in 
 the admission, and where the person charged was granted 
 a certificate of citizenship by an order of Court, both of 
 which are regular in form, and have not been vacated, 
 it is impossible to charge unlawful use, based solely upon 
 a further allegation of knowledge that the certificate had 
 not been duly made. 
 
 In Green vs. United States, 150 Federal, 560, the Cir- 
 cuit Court of Appeals for the Ninth Circuit held that an 
 alien who knowingly makes a false affidavit that he has 
 been duly naturalized as a citizen of the United States, 
 before a Registration Officer for the purpose of procuring 
 himself to be registered as a voter at an approaching 
 election in a State, commits an offense under this section. 
 That Court also held that it is not necessary that the 
 false certificate be actually used for an unlawful purpose 
 to constitute the offense denounced by the statute. 
 
 Sec. 221 a. Falsely Claiming Citizenship Continued. 
 
 See Christopoulo vs. U. S., 230 F. 789.
 
 Against Operations of Government. 403 
 
 § 222. Taking False Oath in Naturalization.— Section 
 80 of the new Code re-enacts old Section 5395 in the fol- 
 lowing words : 
 
 "Sec. 80. Whoever, in any proceeding under or by virtue of any 
 law relating to the naturalization of aliens, shall knowingly swear 
 falsely in any case where an oath is made or affidavit taken, shall be 
 fined not more than one thousand dollars and imprisoned not more 
 than five years." 
 
 In United States vs. Moore, 144 Federal, 962, the Cir- 
 cuit Court of Appeals passes upon a form of an indict- 
 ment under this section, and says that in prosecutions for 
 perjury and in prosecutions akin thereto, it is a funda- 
 mental rule that an indictment must show that the tri- 
 bunal before which the offense is alleged to have occurred 
 had jurisdiction over the issue to which it related. It 
 is also a fundamental rule that it is not sufficient to allege 
 in general terms that the tribunal named had jurisdiction 
 over the issue alleged to have been involved, because 
 such an allegation includes matters of law, as well as 
 fact; while it is the duty and right of the court before 
 which an indictment is pending to be so far advised of 
 the facts that it can determine for itself whether the issue 
 was of such a character as to give the tribunal named 
 jurisdiction thereof, and such as to render the alleged 
 offense material thereto. 
 
 In the case of Schmidt vs. United States, 133 Federal, 
 257, the Circuit Court of Appeals for the Ninth Circuit 
 held that on the trial of a defendant for perjury commit- 
 ted in a naturalization though such affidavits, when sign- 
 ed, were in blank. So, too, in that case the Court held 
 that a defective final order was admissible as evidence 
 of the facts therein stated. The Supreme Court, in Hol- 
 gren vs. United States, October Term, 1909, affirms same 
 case, 156 Federal, 439, the principal question being whe- 
 ther, under this section, a conviction can be had in a 
 Federal Court for a false oath thereunder in a State 
 Court. Held, that it could. 
 
 § 222a. Oath Must be Material. — No prosecution for 
 false swearing under Section 80 can be successfully main-
 
 404 Federal Criminal Law Procedure. 
 
 tained unless the oath was a material oath. U. S. vs. 
 Bressi, 208 Federal, 369. 
 
 § 223. Provisions Applicable to All Courts of Nat- 
 uralization. — Section 5429 of the old statutes is re-en- 
 acted into Section 81 of the new Code, and some new 
 words are added for the purpose of showing that the pen- 
 al provisions above treated are applicable to proceedings 
 had or taken in any Court, and reads as follows: 
 
 "Sec. 81. The provisions of the five sections last preceding shall 
 apply to all proceedings had or taken, or attempted to be had or taken, 
 before any court in which any proceedings for naturalization may be 
 commenced or attempted to be commenced, and whether such court 
 was vested by law with jurisdiction in naturalization proceedings or 
 not." 
 
 See Holgren vs. United States, 156 Federal, 439, af- 
 firmed by Supreme Court, October Term, 1909. 
 
 § 223a. To Cancel Certificate. — A suit to cancel cer- 
 tificate of naturalization must show either fraud or that 
 the evidence before the Court which granted the certifi- 
 cate was insufficient to warrant the finding of residence. 
 U. S. vs. Eoekteschell, 208 Federal, 530. The word " re- 
 side" as used in the naturalization suit is capable of dif- 
 ferent meanings. Generally however, it signifies nothing 
 more nor less than domicile. U. S. vs. Eoekteschell, 208 
 Federal, 530. 
 
 Sec. 223 b. A Certificate May be Cancelled. 
 
 For acts subsequent to the issuance, U. S. vs. Kramer, 
 262 F. 395. 
 
 § 224. Corporations, Etc., Not to Constribute Money 
 for Political Elections, Etc. — The Act of January 26, 
 1907, 34 Statute at Large, becomes Section 83 of the new 
 Code, in the following words: 
 
 "Sec. 83. It shall be unlawful for any national bank, or any cor- 
 poration organized by authority of any law of Congress, to make a 
 money contribution in connection with any election to any political 
 office. It shall also be unlawful for any corporation whatever to make 
 a money contribution in connection with any election at which Presi- 
 dential and Vice-Presidential electors or a Representative in Congress_ 
 is to be voted for, or any election by any state legislature of a 
 United States Senator. Every corporation which shall make any 
 contribution in violation of the foregoing provisions shall be fined
 
 Against Operations of Government. 405 
 
 not more than five thousand dollars; and every officer or director of 
 any corporation who shall consent to any contribution by the cor- 
 poration in violation of the foregoing provisions shall be fined not 
 more than one thousand dollars, or imprisoned not more than one 
 year, or both."
 
 CHAPTER IX. 
 
 OFFENSES AGAINST THE EXISTENCE OF THE GOVERNMENT. 
 
 § 225. Treason, Generally. 
 
 226. The Statute: 5331—1. 
 
 227. Punishment: 5332—2. 
 
 228. Misprision of Treason: 5333 — 3. 
 
 229. Inciting or Engaging in Rebellion or Insurrection: 5334 — 4. 
 
 230. Criminal Correspondence with Foreign Governments: 5335 — 5. 
 
 231. Seditious Conspiracy: 5336 — 6. 
 
 232. Recruiting Soldiers or Sailors to Serve Against the United 
 
 States. 5337—7. 
 
 233. Enlistment to Serve Against the United States: 5338 — 8. 
 233a. Ordinance — Purchase, sale or Disposal of. 
 
 § 225. Treason. — At the time of the formation of this 
 Republic, treasons were numerous in England. They 
 were divided into high and petit. By the old Common 
 Law, there were several forms of petit treason, which 
 later, by English statute, were reduced to three. These 
 were: the killing by a servant of his master; the killing 
 of a husband by the wife; and the killing of a prelate by 
 an ecclesiastic owing him obedience. All these petit trea- 
 sons were abolished, however, in 1828, and there remains 
 now but one sort, and that is high treason. So, when the 
 word "treason" is used, it means high treason. Under 
 the United States laws, there are no Common Law crimes, 
 and treason, as defined in the Constitution of the United 
 States, consists only in levying war against them, or in 
 adhering to their enemies, giving them aid and comfort. 
 The meaning of the words "levying war," and the other 
 words, "adhering to their enemies, giving them aid and 
 comfort," is to be found in the Common Law doctrine of 
 and aider at the fact, as applicable to the levying of war 
 in treason. The meaning of war, as defined by Bishop, 
 is an attempt, by force, either to subjugate or to over- 
 throw the Government against which it is levied. Ordi- 
 narily, where the overthrow is not contemplated, a treaty 
 acknowledging rights previously denied is expected. Tf 
 a body of men, mistakenly deeming a particular statute 
 to violate fundamental or constitutional right, combine 
 
 (406)
 
 Offenses Against Existence of Government. 4n, 
 
 to oppose by force its execution, and commit therein an 
 overt act, they are undoubtedly guilty of treason, pro- 
 vided, it is their determination also to resist by violence 
 every attempt to bring them to justice and to continue 
 this course until the Government is compelled to yield to 
 them. Bishop's New Criminal Law, Second Volume, page 
 703. The same writer, in answering the question, What 
 is levying war? says that in legal reason a levying of 
 war consists of two elements, neither of which can be dis- 
 pensed with: the one is the intent existing as of fact in 
 the mind of the accused person, either to overthrow the 
 Government, or to compel it, through fear, to yield some- 
 thing to which it would not voluntarily assent; the other 
 is some overt act in the nature of war or preparation 
 therefor, or threatening it, as an array of persons as- 
 sembled for war, or some war-like violence, or some other 
 step menacing war. Yet, we must admit that it is legally 
 possible for one man alone to levy war upon his Govern- 
 ment, and be guilty of treason. Second Bishop's Criminal 
 Law, 704. 
 
 § 226. The Statute. — In line with the Constitutional 
 definition of treason was old Statute 5331, which is re-en- 
 acted into Section 1 of the New Code, which reads as 
 follows: 
 
 "Sec. 1. Whoever, owing allegiance to the United States levies war 
 against them or adheres to their enemies, giving them aid and com- 
 fort within the United States or elsewhere, is guilty of treason." 
 
 In 1 Story, U. S., 614, 30 Federal Case, 18275, the follow- 
 ing charge was given to a grand jury: 
 
 "It is not every act of treason by levying war that is treason against 
 the United States. It may be, and often is, aimed altogether against 
 the sovereignty of a particular state. Thus, for example, if the ob- 
 ject of an assembly of persons met with force is to overthrow the 
 Government or Constitution of a State, or to prevent the due exer- 
 cises of its sovereign powers, or to resist the exercises of any one or 
 more of its general laws, but without any intention whatsoever to 
 intermeddle with the relations of that State with the national Govern- 
 ment, or to displace the national laws or sovereignty therein:— every 
 overt act done with force toward the execution of such a treason- 
 able purpose is treason against the State, and against the State only. 
 But treason may be begun against a State and may be mixed up or
 
 408 Federal Criminal Law Procedure. 
 
 merged in treason against the United States. Thus, if the treason- 
 able purpose be to overthrow the Government of the State and forcibly 
 to withdraw it from the Union, and thereby to prevent the exercise 
 of the national sovereignty within the limits of the State, that 
 would be treason against the United States." 
 
 In United States vs. Wiltberger, 5 Wheat., U. S., 76, 
 treason was denned as a breach of allegiance, and can be 
 committed by him only who owes allegiance, either per- 
 petual or temporary. In the case of United States vs. 
 Greiner, 26 Federal Case No. 15262, it was held that every 
 step taken by anyone of an armed body of men mustered 
 into military array for a treasonable purpose, by march- 
 ing or otherwise, in part execution of that purpose, is an 
 overt act of treason in levying war. See also U. S. vs. 
 Vilato, 2 Dall., 370; the Insurgents, 2 Dall., 385; ex parte 
 Bohnan et al, 4 Cranch, 75; U. S. vs. Burr, 4 Cranch, 469; 
 Carlyle vs. U. S., 16 Wallace, 147; U. S. vs. Burr, 1 Burr's 
 Trial, 14, 16; Second Burr's Trial, 402, page 25, Federal 
 Case, 2, 52, 55, and 210; U. S. vs. Cathcart, 1 Bond, 556; 
 25 Federal Case, 344; U. S. vs. Greathouse, 26 Federal 
 Case, 818; U. S. vs. Hodges, 26 Federal Cases, 332; U. S. 
 vs. Hoxie, 26 Federal Case, 397; U. S. vs. Mitchell, 2 Dall., 
 26, Federal Case, 1277; U. S. vs. Vigol, 28 Federal Case, 
 376; U. S. vs. Pry or, 27 Federal Case, 628; Charges to 
 Grand Jury, 2 Curt., 630, 30 Federal Case, 1024, 4 Blatchf., 
 518; 30 Federal Case, 1032; 5 Blatchf., 549; 30 Federal 
 Case, 1034; 1 Bond, 609, 30 Federal Case, 1036; 30 Federal 
 Case, 1039; 30 Federal Case, 1042; 30 Federal Case, 1046; 
 30 Federal Case, 1047; 30 Federal Case, 1049. One of the 
 most interesting cases, in its treatment of the evidence 
 necessary to establish the offense, will be found in United 
 States vs. Burr, 25 Federal Case, No. 14693. 
 
 Sec. 226 a. Treason Continued. 
 
 The harboring or concealing of a spy of the govern- 
 ment against which the United States were at war is 
 treason, U. S. vs. Fricke, 259 F. 673. 
 
 Treason embraces the existence both of a state of mind 
 and of an overt act, U. S. vs. Werner, 247 F. 709. 
 
 § 227. Punishment. — The punishment for treason is 
 the same under Section 2 of the new Code as it was under 
 the old Statute 5332, the new section reading as follows:
 
 Offenses Against Existence of Government. 409 
 
 "Sec. 2. Whoever is convicted of treason shall suffer death; or, 
 at discretion of the court, shall be imprisoned not less than five years 
 and fined not less than ten thousand dollars, to be levied on and 
 collected out of any or all of his property, real or personal, of which 
 he was the owner at the time of committing such treason, any sale 
 or conveyance to the contrary notwithstanding; and every person 
 so convicted of treason shall, moreover, be incapable of holding any 
 office under the United States." 
 
 In Davis case, Chase, U. S., page 1, 7 Federal Case No. 
 3621a, it was held that treason under this section in bail- 
 able. 
 
 It was held in Wallace vs. Van Riswick, 92 U. S., 202, 23 
 Law Ed., 473, that after an adjudicated forfeiture and 
 sale of an enemy's land, under the Confiscation Act of 
 Congress of July 7, 1862, and the general resolution of 
 even date therewith, that there was not left in him any in- 
 terest which he could convey by deed. 
 
 In Windsor vs. McVeigh, 93 U. S., 274, 23 Law Ed., 
 page 914, the Supreme Court held that the jurisdiction ac- 
 quired by the seizure of the property in a proceeding in 
 rem for its condemnation, is not to pass upon the question 
 of forfeiture absolutely, but to pass upon that question 
 after opportunity has been offered 'to its owner and parties 
 interested to appear and be heard upon the charges for 
 which the forfeiture is claimed. To that end, some noti- 
 fication of the proceedings, beyond that arising from the 
 seizure prescribing the time within which the appearance 
 must be made, is essential. 
 
 § 228. Misprision of Treason. — Section 3 of the new 
 Code, which takes the place of the old Statute 5333, is in 
 the following words: 
 
 "Sec. 3. Whoever, owing allegiance to the United States and having 
 knowledge of the commission of any treason against them, conceals, 
 and does not, as soon as may be, disclose and make 'known the same 
 to the President or to some judge of the United States, or to the 
 govenor or to some judge or justice of a particular State, is guilty 
 of misprision of treason and shall be imprisoned not more than 
 seven years and fined not more than one thousand dollars." 
 
 Cases of more or less interest, bearing upon the statute, 
 are United States vs. Wiltberger, 5 Wheat,, 97; Confisca- 
 tion cases, 1 Woods, 221, 6 Federal Case, 270; U. S. vs. 
 Tract of Land, 1 Woods, 475; 28 Federal Case, 203.
 
 410 Federal Criminal Law Procedure. 
 
 Misprision, whether of felony or of treason, is defined 
 by the text-book writers as criminal negligence either to 
 prevent it from being committed, or to bring to justice 
 the offender after its commission. The statute under 
 consideration seems to be limited by its terms, not to a 
 prevention of the offense of treason, but to the disclosure 
 of the knowledge of the commission as soon as may be. 
 
 Sec. 228a. Misprision of Treason — Continued. 
 
 The mere expression of an opinion is not a violation of 
 this statute. Sandberg vs. U. S., 257 F. 643. 
 
 § 229. Inciting or Engaging in Rebellion or Insurrec- 
 tion. — Section 5334 of the old Statutes becomes Section 
 
 4 of the new Code, in the following words: 
 
 "Sec. 4. Whoever incites, sets on foot, assists, or engages in any 
 rebellion or insurrection against the authority of the United States 
 or the laws thereof, or gives aid or comfort thereto, shall be imprison- 
 ed not more than ten years, or fined not more than ten thousand 
 dollars, or both; and shall, moreover, be incapable of holding any 
 office under the United States." 
 
 § 230. Criminal Correspondence with Foreign Govern- 
 ments. — Section 5335 of the old statutes becomes section 
 
 5 of the new Code, which reads as follows: 
 
 "Sec. 5. Every citizen of the United States, whether actually resi- 
 dent or abiding within the same, or in any place subject to the juris- 
 diction thereof, or in any foreign country, without the permission 
 or authority of the Government, directly or indirectly, commences 
 or carries on any verbal or written correspondence or intercourse 
 with any foreign government or any officer or agent thereof, with an 
 intent to influence the measures or conduct of any foreign government 
 or of any officer or agent thereof, in relation to any disputes or con- 
 troversies with the United States, or to defeat the measures of the 
 Government of the United States; and every person, being a citizen 
 of or resident within the United States or in any place subject to the 
 jurisdiction thereof, and not duly authorized, counsels, advises, or 
 assists in any such correspondence with such intent, shall be fined 
 not more than five thousand dollars, and imprisoned not more than 
 three years; but nothing in this section shall be construed to abridge 
 the right of a citizen to apply himself or his agent, to any foreign 
 government or the agents thereof for redress, of any injury which he 
 may have sustained from such government or any of its agents or 
 subjects."
 
 Offenses Against Existence of Government. 411 
 
 § 231. Seditious Conspiracy.— Section 5336 of the old 
 statutes becomes Section 6 of the new Code, and is as fol- 
 lows: 
 
 "Sec. 6. If two or more persons in any State or Territory or in any 
 place subject to the jurisdiction of the United States, conspire to 
 overthrow, put down, or to destroy by force the Government of the 
 United States, or to levy war against them, or to oppose by force 
 the authority thereof, or by force to prevent, hinder, or delay the exe- 
 cution of any law of the United States, or by force to seize, take, or 
 possess any property of the United States contrary to the authority 
 thereof, they shall each be fined not more than five thousand dollars, 
 or imprisoned not more than six years, or both." 
 
 Sec. 231 a. Seditious Conspiracy Continued. 
 
 It is a violation to conspire against the neutrality of 
 the government, Act of May 7, 1917, Criminal Code, Sec. 
 10, as against enlisting for foreign service. 
 
 For conspiracy against the Espionage Act and to vio- 
 late the draft and against our declarations of war see: 
 Masses vs. Patten, 244 P. 535; U. S. vs. Casey, 247 P. 362; 
 Orear vs. U. S., 261 F. 259; Wells vs. U. S., 257 F. 605; 
 Reeder vs. U. S., 262 F. 36. 
 
 § 232. Recruiting Soldiers or Sailors to Serve Against 
 the United States.— Section 5337 of the 1878 statutes be- 
 comes Section 7 of the new Code, and is as follows: 
 
 "Sec. 7. Whoever recruits soldiers or sailors within the United 
 States, or in any place subject to the jurisdiction thereof, to engage 
 in armed hostility against the same, or opens within the United 
 States, or in any place subject to the jurisdiction thereof, a recruiting 
 station for the enlistment of such soldiers or sailors to serve in any 
 manner in armed hostility against the United States, shall be fined not 
 more than one thousand dollars and imprisoned not more than five 
 years." 
 
 § 233. Enlistment to Serve Against the United States. 
 
 — Section 8 of the new Code displaces Section 5338 of the 
 old statutes, and is as follows: 
 
 "Sec. 8. Every person enlisted or engaged within the United States 
 or in any place subject to the jurisdiction thereof, with intent to 
 serve in armed hostility against the United States, shall be fined 
 one hundred dollars and imprisoned not more than three years."
 
 412 Federal Criminal Law Procedure. 
 
 § 233a. Ordinance, Purchase, Sale, or Disposal of. — 
 Sections 1242 and 3748 of the Revised Statutes prohibit 
 the purchase, sale, pledge, loan or gift by a soldier of 
 any of his clothing, arms, military outfit and accouter- 
 ments, and the Government, in supplying the soldier or 
 recruit with equipments suitable and necessary for the 
 discharge of his military duties, retains title to the same. 
 It is regarded as public property, whether remaining in 
 a public depot or in the possession of the individual 
 soldier. Lobosco vs. U. S., 183 Federal, 742. Section 
 5438 of the Revised Statutes makes it an offense for any 
 person to knowingly purchase or receive in pledge from 
 a soldier or sailor any arms, equipment, ammunition, 
 clothing, stores, or any other public property, and it is 
 not material that the clothing purchased by accused from 
 certain marines was not a part of their equipment, but 
 was furnished to them under their clothing allowance. 
 Lobosco vs. U. S., 183 Federal, 742. Since the Govern- 
 ment is required to prove guilty knowledge under this 
 section, evidence of the commission of other similar of- 
 fenses by accused than those charged in the indictment 
 is admissible. Lobosco vs. U. S., 183 Federal, 742. See 
 also Carter vs. McClaughry, 183 U. S., 365. It is not es- 
 sential that the voucher or other thing should in itself 
 contain false matter, but whether the claim is honest or 
 fraudulent is to be determined from all the facts. Dim- 
 mick vs. U. S., 116 Federal, 825.
 
 CHAPTER X. 
 
 OFFENSES AGAINST NEUTRALITY. 
 
 § 234. Neutrality Generally. 
 234a. President's Power to Enforce Neutrality. 
 234b. Belligerent has no Right to Bring Prize into U. S. Port. 
 
 235. Accepting Foreign Commission. 
 
 236. Enlisting in Foreign Service. 
 
 237. Arming Vessels Against People at Peace With the United States. 
 
 238. Forfeiture Without Conviction. 
 
 239. Augmenting Force of Foreign Vessel of War. 
 
 240. Military Expeditions Against People at Peace With the United 
 
 States. 
 
 241. Enforcement of Foregoing Provisions. 
 
 241a. The President's Authority Under This Section. 
 
 242. Compelling Foreign Vessels to Depart. 
 
 243. Armed Vessels to Give Bond on Clearance. 
 
 244. Detention by Collector of Customs. 
 
 245. Construction of This Chapter. 
 
 § 234. The word "neutrality," as used with reference 
 to governments and international law, has no different 
 meaning than that given to it in the ordinary course of 
 affairs. The Century Dictionary defines it as "the state 
 of being neutral, or of being unengaged in a dispute or 
 contest between others; the taking of no part on either 
 side; in international law, the attitude and condition of a 
 nation or state, which does not take part, directly or indi- 
 rectly, in a war between other states, but maintains rela- 
 tions of amity with all the contending parties." The 29 
 Volume of the "Cyc," at page 675, citing the Three 
 Friends, 166 U. S., page 1, 41 Law Ed., page 897, deduces 
 that neutrality, strictly speaking, consists in abstinence 
 from any participation in a public, private, or civil war, 
 and impartiality of conduct toward both parties. That 
 authority, continuing, says: 
 
 "The nation which, while preserving its natural liberty and its 
 independence, remains at peace while other nations are at war, and 
 which continues to maintain with the two belligerent nations the 
 friendly relations of commerce, or only of sociality, or of humanity, ex- 
 isting before the out-break of hostilities, may call itself neutral. This 
 quality imposes upon it the obligations which may be summed up 
 
 (413)
 
 414 Federal Criminal Law Procedltre. 
 
 in two principles, and which embraces all the others: abstaining 
 from all acts of hostility, direct or indirect: and perfect impartiality 
 between the two nations at war, respecting all matters affecting the 
 war." 
 
 From these definitions, one readily discovers that neu- 
 trality, in a measure, interferes with the liberty and inde- 
 pendence of the nation preserving that status. 
 
 The United States was one of the earliest countries to 
 preserve by law its neutrality with reference to conflicts 
 between other governments and nationalities. While 
 there are international punishments for a failure to ob- 
 serve the full measure of neutrality, the most effective 
 preventive is the penal Code, which creates offenses under 
 this head, and affixes punishments therefor; and in con- 
 struing .such statutes, the same rules are to be applied 
 and observed as govern the construction of other penal 
 statutes. 
 
 § 234a. President's Power to Enforce Neutrality .- 
 District Judge Maxey in ex parte Orozco, 201 Federal, 
 106, questioned the power of the President to use the 
 military power of the United States to arrest and im- 
 prison for neutrality violations and held that the fifth 
 amendment to the Federal constitution guaranteeing im- 
 munity against being deprived of liberty without due 
 process of law, and the fourth amendment declaring that 
 warrants shall not be issued except on probable cause sup- 
 ported by oath or affirmation and the sixth amendment 
 guaranteeing to the accused a speedy and public trial by 
 a jury in the district where the crime was committed, 
 were applicable to aliens sojourning in the United States, 
 as well as to citizens, and in time of peace the President 
 has no right to use the military force for arrest. 
 
 The relator, who was a Mexican citizen, was discharged 
 from the custody of the military authorities upon habeas 
 corpus. 
 
 The same district judge, in the case of United States vs. 
 Chavez, held that the word export, which was used in the 
 joint congressional resolution of March 14, 1912, which 
 authorized the president to make proclamation against 
 the exporting of arms or munitions of war under certain
 
 Offenses Against Neutrality. 415 
 
 conditions, was limited to a transportation of arms or 
 munitions of war from any place in the United States to 
 "such country," that is, such foreign country; and hence 
 a charge that accused with intent to export munitions of 
 war from the city of El Paso to a place in Mexico in vio- 
 lation of the Presidential proclamation, did make a ship- 
 ment of cartridges, etc., by transporting them on his per- 
 son from one point in the city of El Paso to another point 
 therein, did not charge a violation of the resolution, and 
 sustained a demurrer to the indictment. 
 
 Sec. 234 b. Belligerent has no Right to Bring Prize 
 into U. S. Port. 
 
 A belligerent has no right to bring prizes into a United 
 States port for an indefinite stay, Berg vs. Bas Company 
 & Harrison, U. S. Supreme Ct. Oct. term, 1916, Mar. 6, 
 1917. 
 
 § 235. Accepting Foreign Commission. — Section 9 of 
 the new Code re-enacts old Section 5281, and is in the 
 following language: 
 
 "Sec. 9. Every citizen of the United States who, within the terri- 
 tory or jurisdiction thereof, accepts and exercises a commission to 
 serve a foreign prince, state, colony, district, or people, in war, by 
 land or by sea, against any prince, state, colony, district, or people 
 with whom the United States are at peace, shall be fined not more 
 than two thousand dollars and imprisoned not more than three years." 
 
 The wording of the statute bears the construction that 
 the mere acceptance of a commission of the sort therein 
 described would not create the offense. It is necessary 
 that some overt act be committed under the commission, 
 such as raising men for the enterprise, collecting provis- 
 ions, munitions of war, or any other act which shows an 
 exercise of the authority which the commission is sup- 
 posed to confer. 29 Cyc, 678; in re Charge to Grand 
 Jury, 30 Federal Case No. 18265, 2 McLean, 1. 
 
 § 236. Enlisting in Foreign Service. — Old Section 
 5282 becomes Section 10 of the new Code, in the following- 
 words: 
 
 "Whoever, within the territory or jurisdiction of the United States, 
 enlists, or enters himself, or hires or retains another person to en- 
 list or enter himself, or to go beyond the limits or jurisdiction of the
 
 416 Federal Criminal Law Procedure. 
 
 United States with intent to be enlisted or entered in the service 
 of any foreign prince, state, colony, district, or people, as a soldier, 
 or as a marine or seaman, on board of any vessel of war, letter of 
 marque, or privateer, shall be fined not more than one thousand 
 dollars, and imprisoned not more than three years." 
 
 The Courts have held, in construing this section, Unit- 
 ed States vs. Obrien et al, 75 Federal, 900, that persons 
 are not only prohibited from enlisting in this country as 
 a soldier of any foreign power, but they are also pro- 
 hibited from hiring or retaining any other person to en- 
 list or to go abroad for the purpose of enlisting. The 
 Court also observes in that case, which seems to have 
 been followed, that the statute does not prohibit persons 
 within our jurisdiction, whether citizens or not, going as 
 individuals to foreign states, and there enlisting in their 
 armies, and that individuals may go abroad to enlist in 
 any number and in any way they see fit; by regular line 
 of steamers, by chartering a vessel, or in any other man- 
 ner, either separately, or associated, provided always, 
 that they do not go as a military expedition, or set on foot 
 or begin within our jurisdiction a military expedition or 
 enterprise, to be carried on for this country, or provide 
 or prepare the means therefor. 
 
 If, however, a military expedition or enterprise has in 
 fact been prepared in this country, and carried by sea to 
 a foreign shore, then all persons who planned for it, or 
 prepared for it here, or knowingly took part in the trans- 
 portation of it, are guilty under the statute. TJ. S. vs. 
 Obrien, 75 Federal, page 900. 
 
 Sec. 236 a. Enlisting in Foreign Service, Continued. 
 
 Sec. 10, quoted above is given a proviso in the Act of 
 May 7, 1917, to the effect that a nation which is at war 
 with a nation with which the United States is at war is 
 excepted. 
 
 § 237. Arming Vessels Against People at Peace with 
 the United States.— Old Section 5238 becomes new Sec- 
 tion 11, and is as follows: 
 
 "Sec. 11. Whoever, within the territory or jurisdiction of the United 
 States, fits out and arms, or attempts to fit out and arm, or procures
 
 Offenses Against Neutrality. 417 
 
 to be fitted out and armed, or knowingly is concerned in the fur- 
 nishing, fitting out, or arming of any vessel, with intent that such 
 vessel shall be employed in the service of any foreign prince or state, 
 or of any colony, district, or people, to cruise or commit hostilities 
 against the subjects, citizens, or property of any foreign prince or 
 state, or of any colony, district, or people, with whom the United States 
 are at peace, or whoever issues or delivers a commission within the 
 territory or jurisdiction of the United States for any vessel, to the 
 intent that she may be so employed, shall be fined not more than ten 
 thousand dollars, and imprisoned not more than three years. And 
 every such vessel, her tackle, apparel, and furniture, together with all 
 materials, arms, ammunition, and stores which may have been pro- 
 cured for the building and equipment thereof, shall be forfeited; 
 one-half to the use of the informer and the other half to the use of 
 the United States." 
 
 The statute contains two methods of punishment, it 
 will be noticed: one against the person, and one against 
 the property; that is, the imprisonment of the offender 
 and the forfeiture of his vessel. The Supreme Court of 
 the United States in Wiborg et al. vs. United States, 163 
 U. S., page 632, 41 Law Ed., page 289, in passing upon a 
 case that originated in Pennsylvania, under Section 5286, 
 hereinafter noted, the facts of which showed in substance, 
 that the "Horsa," a Danish steamer engaged in the fruit 
 business at Philadelphia, cleared from Philadelphia for 
 Jamaica, having only a small cargo; that thereafter, near 
 Barnegat, off the Jersey coast, she was loaded with a 
 cargo of men and rifles, swords, machettes, cartridges, 
 and other munitions of war, which cargo was subsequent- 
 ly delivered to Cuba, where there was an insurrection of 
 the Cubans against the Spaniards, said in substance, a 
 military expedition or enterprise is entered upon when 
 men with knowledge of the enterprise combine and or- 
 ganize in this country, and are carried with arms and 
 ammunition under their control, by a tug, thirty or forty 
 miles out to sea, to a steamer, on which they embark and 
 drill, and by which they are taken to Cuba, where they 
 disembark to effect an armed landing on the coast, with 
 intent to make war against a government with which the 
 United States is at peace; and in determining whether 
 the combination was lawful or not, the declarations of 
 those engaged in it, explanatory of acts done in further- 
 
 27
 
 418 Federal Criminal Law Procedure. 
 
 ance of its object, are competent evidence after the com- 
 bination has been proved. 
 
 Another interesting authority under this section, as 
 well as other sections under this chapter, is the Lauradra, 
 85 Federal, 760, which was a case that originated upon 
 a similar state of facts to the Wiborg case, and was the 
 loading of a fruit vessel off the American coast, near 
 Barnegat, with men and munitions, for engagement in 
 the Cuban revolution. In that case, the Court observed 
 that while it was not the purpose of our neutrality laws 
 in any manner to check or interfere with the commercial 
 activity of citizens of the United States, or of others re- 
 siding therein, and interested in commercial transactions, 
 nor to render unlawful mere commercial ventures in con- 
 traband of war, they were designed to prohibit acts and 
 preparations on the soil or waters of the United States 
 not originating with a due regard for commercial 
 interest, but of a nature distinctly hostile in a material 
 sense to a friendly power engaged in hostilities, and cal- 
 culated or tending to involve this country in war, whether 
 an incidental or direct commercial profit does or does not 
 result therefrom. 
 
 District Judge Bradford, in considering the above-men- 
 tioned case, held that it was necessary, for the forfeiture 
 of the vessel under 5283, that the furnishing, fitting out, 
 or arming of her for the prohibited should be completed 
 within the limits of the United States. It was also de- 
 termined that it was sufficient, if by pre-arrangement 
 within the limits of the United States, the vessel having 
 been procured there, the furnishing, fitting out, or arming 
 was to be effected or completed after she had gone beyond 
 the limits of the United States; and further, that the 
 intent that a vessel furnished, fitted out, or armed to 
 cruise or commit hostilities against the subjects or prop- 
 erty of a foreign prince with whom the United States is at 
 peace, shall be formed within the limits of the United 
 States, and shall be of a fixed and unconditional nature. 
 If such intent originates on the high seas, beyond the 
 limits of the United States, though on an American vessel,
 
 Offenses Against Neutrality. 419 
 
 which then, for the first time, is intended to commit such 
 hostilities, no forfeiture accrues under the section. 
 
 Sec. 237 a. Arming Vessels Against People at Peace 
 with the United States Continued. 
 
 See the Act of June 15, 1917. 
 
 § 238. Forfeiture Without Conviction. — On the au- 
 thority of the United States against the Three Friends, 
 166 U. S., page 1, Lawyers' Edition, Book 41, page 915, it 
 may be stated as the law that a civil suit in rem for the 
 condemnation of the vessel is not a criminal prosecution, 
 and the success of such suit does not depend upon the 
 conviction of a person or persons doing the acts de- 
 nounced in the statute. The two proceedings are wholly 
 independent, and pursued in different courts. Indeed, 
 forfeiture might be decreed, if the proof showed the pro- 
 hibited acts were committed, though lacking as to the 
 identity of the person by whom they were committed. In 
 deciding the Three Friends case, and giving expression 
 to the opinion as above quoted in substance, the Supreme 
 Court cited the "Palmyra," 25 U. S., 12 Wheat., 1; 6 
 Law Ed., 531; "Ambrose Light," 25 Federal, 408; the 
 "Meteor," 17 Federal Cases, 178. The Supreme Court 
 also held in the Three Friends case, cited supra, that the 
 release on bond of a vessel charged with liability to for- 
 feiture under this section, before answer or hearing, and 
 against the objection of the United States, when such 
 release might result in a hostile expedition against a 
 friendly power, should not be allowed ; and if such an or- 
 der of release is improvidently made, the vessel should be 
 recalled. 
 
 § 239. Augumenting Force of Foreign Vessel of War. 
 — Revised Statutes 5285 becomes Section 12 of the new 
 Code, in the following words: 
 
 "Sec. 12. Whoever, within the territory or jurisdiction of the 
 United States, increases or augments, or procures to be increased or 
 augmented, or knowingly is concerned in increasing or augmenting, 
 the force of any ship of war, cruiser, or other armed vessel which, 
 at the time of her arrival within the United States, was a ship of 
 war, or cruiser, or armed vessel, in the service of any foreign
 
 420 Federal Criminal Law Procedure. 
 
 prince or state, or of any colony, district, or people, or belonging 
 to the subjects or citizens of any such prince or state, colony, district, 
 or people, the same being at war with any foreign prince or state, or 
 of any colony, district, or people with whom the United States are at 
 peace, by adding to the number of the guns of such vessel, or by 
 changing those on board of her for guns of a larger caliber, or by 
 adding thereto any equipment solely applicable to war, shall be fined 
 not more than one thousand dollars and imprisoned not more than one 
 year." 
 
 This statute, in substance, makes it an offense lor any 
 person to increase or augment, within the territory of the 
 United States, any war vessel belonging to a foreign pow- 
 er. Such equipment, within the meaning of the statute, 
 must be intended solely for the purpose of war. See Aler- 
 ta vs. Moran, 9 Cranch, 359; U. S. vs. Grassin, 3 Wash- 
 ington, 65; 26 Federal Cases, 10. 
 
 § 240. Military Expeditions Against People at Peace 
 with the United States. — Old Section 5286 becomes Sec- 
 tion 13, as follows: 
 
 "Sec. 13. Whoever, within the territory or jurisdiction of the 
 United States, begins, or sets on foot, or provides or prepares the 
 means for, any military expedition or enterprise, to be carried on 
 from thence against the territory or dominions of any fore'gn prince 
 or state, or of any colony, district, or people, with whom the United 
 States are at peace, shall be fined not more than three thousand dol- 
 lars and imprisoned not more than three years." 
 
 In the language of Judge Bradford, as cited in United 
 States vs. Murphy, 84 Federal, 609, the broad purpose of 
 Section 5286 of the United States Revised Statutes is to 
 prevent complications between this Government and for- 
 eign powers. It is not the intent of that section in any 
 manner to check or interfere with the commercial activi- 
 ties of citizens of the United States, or of others residing 
 within the United States and interested in commercial 
 transactions; but to prevent the use of the soil or waters 
 of the United States as a base from which military expe- 
 ditions or military enterprises shall be carried on against 
 foreign powers with which the United States is at peace. 
 And under the authority of that case, the providing of the 
 means of transportation of a military enterprise to be 
 carried on from the United States against the Spanish
 
 Offenses Against Neutrality. 421 
 
 rule in Cuba, was, within the meaning of that section, a 
 preparing of the means for such military enterprise, to be 
 so earned on; and if done with knowledge on the part 
 of the person so providing the means of transportation, 
 of the character and purpose of such enterprise, the same 
 is denounced by the statute. 
 
 In Wiborg vs. United States, 163 U. S., 632, the Su- 
 preme Court held that a hostile expedition dispatched 
 from the ports of the United States, is within the words 
 " earned on from thence." 
 
 Under the authority of Hart vs. United States, 84 Fed- 
 eral, 799, the' question as to whether the men and muni- 
 tions of war, for which the accused furnished transporta- 
 tion, constituted a "military expedition" in the meaning 
 of the statute, or the men were traveling as individuals, 
 without organization or concert of action, and the arms 
 and munitions were carried as articles of legitimate com- 
 merce, and whether the accused had guilty knowledge of 
 the facts constituting the military expedition (if it were 
 such), are all questions for the jury, under proper in- 
 structions. 
 
 The words in the statute, "begins, or sets on foot," are 
 construed to mean, in charge to grand jury, 1838 Second 
 McLain, U. S., 1;. 30 Federal Case No. 18265, the making 
 of preparations which showed an intent to set such an ex- 
 pedition on foot; as, for instance, the contribution of 
 money, clothing for troops, provisions, arms, or any 
 other contribution which shall tend to forward the expe- 
 dition or to add to the comfort or maintenance of those 
 who are engaged in it. 
 
 District Judge Brown, in United States vs. Nunez et al, 
 82 Federal, 599, uses the following language: 
 
 "What constitutes a military expedition? What are some of the 
 features that mark a military enterprise or expedition as different 
 from a peaceable transportation of passengers, arms, ammunition, 
 or goods. The essential features of military operations are evident 
 enough. They are concert of action, unity of action by a body or- 
 ganized and acting together, acting by means of weapons of some kind, 
 acting under command, leadership: these are the three most essential 
 elements of military action."
 
 422 Federal Criminal Law Procedure. 
 
 The Court held in United States vs. 'Sullivan, 27 Fed- 
 eral Cases No. 15975, that it is not essential to the case that 
 the expedition should start, much less that it should have 
 been accomplished. To "begin" is not to finish; to "set 
 on foot" is not to accomplish; to provide a powder, is not 
 to put to it the match or the percussion. It is not neces- 
 sary that the vessel should actually sail, nor is it neces- 
 sary that war should exist between the nation on which 
 the descent is to be made with another nation. 
 
 District Judge Brawley, in United States vs. Hughes, 
 70 Federal, 972, held upon preliminary examination that 
 testimony which showed that the steamship of which the 
 defendant was captain, after leaving the port of New 
 York, and passing outside of Sandy Hook, stopped two 
 or three miles from shore; that two tugs approached and 
 put on board thirty-five men with several boxes and three 
 boats; that the boxes were opened and guns and arms 
 were taken out; that during the voyage the men so taken 
 on board were constantly drilled; that the men spoke 
 Spanish, and some of them said they were going to Cuba 
 to fight; that when the steamer approached the coast of 
 Cuba at night, the lights were extinguished and that the 
 men disembarked there, taking their arms with them, 
 using their own three boats and one lent by the steamer, 
 was sufficient to raise probable cause to believe that the 
 captain had violated the statute. 
 
 The necessary ingredients of the offense denounced by 
 this statute are plainly set out in charges to the grand 
 jury, 5 McLean, 306, 30 Federal Case, 18267. 
 
 Other cases bearing upon different phases, and illus- 
 trating the construction of the statute with reference to 
 such phases by the Court, are the following: U. S. vs. 
 Pirates, 5 Wheat., 184; U. S. vs. Hallock, 154 U. S., 537; 
 Duval 1 vs. U. S., 154 U. S., 548; the "Chapman," 4 Saw., 
 501; the "Carondelet," 37 Federal, 799; City of Mexico, 
 32 Federal, 105; U. S. vs. the "Resolute,"' 40 Federal, 
 543; U. S. vs. the "Robert" and "Minnie," 47 Federal, 
 84; U. S. vs. Trumbull, 48 Federal, 99; the "Itata," 46 
 Federal, 646; U. S. vs. Ybanez, 53 Federal, 536; Hen- 
 dricks vs. Gonzales, 67 Federal, 351; U. S. vs. Pena, 69 
 Federal, 983; U. S. vs. O'Brien, 75 Federal, 900. The
 
 Offenses Against Neutrality. 423 
 
 Supreme Court, in United States vs. Quincey, 6 Peters, 
 445, gives the substance of the form of an indictment. 
 This was a case for the fitting out of a foreign vessel in 
 an American port. 
 
 Sec. 240 a. Military Expeditions With People at 
 Peace With the United States, Continued. 
 
 See Act of June 15, 1917. 
 
 To send a spy is a violation of the foregoing section, U. 
 S. vs. Sander, 241 F. 417. 
 
 The Wellard Canal ease is, U. S. vs. Tauscher, 233 F. 
 597. 
 
 Expeditions against Great Britian, U. S. vs. Chakraber- 
 ty, 244 F. 287. 
 
 A single individual may violate this section, U. S. vs. 
 Ram, 254 F. 635. 
 
 For other phases of the statute, including the suffi- 
 ciency of the indictment, acts and evidence see Jacobsen 
 vs. U. S., 272 F. 399; Orozco vs. U. S., 237 F. 1008; 
 U. S. vs. Bopp, 230 F. 723. 
 
 § 241. Enforcement of Foregoing Provisions. — Sec- 
 tion 5287 of the 1878 Statutes becomes Section 14 of the 
 new Code, in the following words: 
 
 "Sec. 14. The district courts shall take cognizance of all complaints, 
 by whomsoever instituted, in cases of capture made within the waters 
 of the United States, or within a marine league of the coasts or shores 
 thereof. In every case in which a vessel is fitted out and armed, or 
 attempted to be fitted out and armed, or in which the force of any 
 vessel of war, cruiser, or other armed vessel is increased or augment- 
 ed, or in which any military expedition or enterprise is begun or set 
 on foot, contrary to the provisions and prohibitions of this chapter; 
 and in every case of the capture of a vessel within the jurisdiction 
 or protection of the United States as before defined; and in every 
 case in which any process issuing out of any court of the United 
 States is disobeyed or resisted by any person having the custody of 
 any vessel of war, cruiser, or other armed vessel of any foreign prince 
 or state, or of any colony, district, or people, or of any subjects or 
 citizens of any foreign prince or state, or of any colony, district, or 
 people, it shall be lawful for the President, or such other person as 
 he shall have empowered for that purpose, to employ such part of the 
 land or naval forces of the United States, or of the militia thereof, 
 for the purpose of taking possession of and detaining any such vessel, 
 with her prizes, if any, in order to enforce the execution of the pro- 
 hibitions and penalties of this chapter, and the restoring of such
 
 424 Federal Criminal Law Procedure. 
 
 prizes in the cases in which restoration shall be adjudged; and also 
 for the purpose of preventing the carrying on of any such expedition 
 or enterprise from the territory or jurisdiction of the United States 
 against the territory or dominion of any foreign prince or state, or 
 of any colony, district, or people with whom the United States are 
 at peace." 
 
 In Gelston vs. Hoyt, 3 Wheat., 246, the Supreme Court, 
 delivering its opinion through Mr. Justice Storey, held 
 that a plea, to justify a seizure and detention under this 
 statute as it was originally, which is the soul of the 
 present statute, must aver that the naval or military force 
 of the United States was employed for that purpose, and 
 that the seizor belonged to the force so employed. The 
 Court also held that the Act was not to be resorted to, 
 except in cases where a seizure or detention could not be 
 enforced by the ordinary civil power. See also Stoughton 
 vs. Dimick, 3 Blatchf., 356. The Attorney General, in 17 
 Opinions of Attorneys General', 242, held that the au- 
 thority given by this section may be exercised when there 
 is an organized armed body of men who intend to invade 
 the territory of a people with whom the United States 
 are at peace, when the object of such invasion is plunder. 
 
 § 241a. The President's Authority Under This Sec- 
 tion. — Ex parte Orozco, 201 Federal, 107. 
 
 § 242. Compelling Foreign Vessels to Depart. — Old 
 Section 5288 becomes new Section 15, which is as follows: 
 
 "Sec. 15. It shall be lawful for the President, or such person as 
 he shall empower for that purpose, to employ such part of the land or 
 naval forces of the United States, or of the militia thereof, as shall 
 be necessary to compel any foreign vessel to depart the United States 
 in all cases in which, by the laws of nations or the treaties of the 
 United States, she ought not to remain within the United States." 
 
 § 243. Armed Vessels to Give Bond on Clearance. — 
 
 Section 5289 of the old statutes is re-enacted into Section 
 16 of the new Code, as follows: 
 
 "Sec. 16. The owners or consignees of every armed vessel sailing 
 out of the ports of, or under the jurisdiction of, the United States, 
 belonging wholly or in part to citizens thereof, shall, before clearing 
 out the same, given bond to the United States, with sufficient sureties, 
 in double the amount of the value of the vessel and cargo on board,
 
 Offenses Against Neutrality. 425 
 
 including her armament, conditioned that the vessel shall not be em- 
 ployed by such owners to cruise or commit hostilities against the 
 subjects, citizens, or property of any foreign prince or state, or of 
 any colony, district, or people with whom the United States are at 
 peace." 
 
 The Supreme Court, in United States vs. Quincey, 6 
 Peters, 445, 8 Law Ed., 458, held that the statute did not 
 prohibit armed vessels belonging to citizens of the United 
 States from sailing out of our ports. It only requires 
 the owners to give security that such vessels shall not 
 be employed by them to commit hostilities against for- 
 eign powers at peace with the United States. 
 
 § 244. Detention by Collector of Customs. — Section 
 5290 of the old statutes becomes Section 17 of the new 
 Code, and is as follows: 
 
 "Sec. 17. The several collectors of the customs shall detain any 
 vessel manifestly built for warlike purposes, and about to depart the 
 United States, or any place subject to the jurisdiction thereof, the 
 cargo of which principally consists of arms and munitions of war, 
 when the number of men shipped on board, or other circumstances, 
 render it probable that such vessel is intended to be employed by the 
 owners to cruise or commit hostilities upon the subjects, citizens, 
 or property of any foreign prince or state, or of any colony, district, 
 or people with whom the United States are at peace, until the decision 
 of the President is had thereon, or until the owner gives such bond 
 and security as is required of the owners of armed vessels by the 
 preceding section." 
 
 In United States vs. Quincey, 6 Peters, 445, Law Ed., 8, 
 458, the Supreme Court held that Collectors are not au- 
 thorized to detain vessels, although manifestly built for 
 warlike purposes, and about to depart from the United 
 States, unless circumstances shall render it probable that 
 such vessels are intended to be employed by the owners 
 to commit hostilities against some foreign power at peace 
 with the United States. All the latitude, therefore, nec- 
 essary for commercial purposes, is given to our citizens 
 and they are restrained onlv from such acts as are cal- 
 culated to involve the country in war. 
 
 In Hendricks vs. Gonzales, 67 Federal, 351, the Circuit 
 Court of Appeals for the Second Circuit used this lan- 
 guage :
 
 426 Federal Criminal Law Procedure. 
 
 "It is not an infraction of the international obligation, to permit 
 an armed vessel to sail, or munitions of war to be sent, from a neutral 
 country to a belligernt port for sale as articles of commerce; and 
 neutrals may lawfully sell at home to a belligerent purchaser, or carry 
 themselves to the belligerents, articles which are contraband of war. 
 It is the right of the other belligerent power to seize and capture 
 such property in transit; but the right of the neutral state to sell 
 and transport, and of the hostile power to seize, are conflicting rights, 
 and neither can impute misconduct to the other. The penalty which 
 affects contraband merchandise is not extended to the vessel which 
 carries it, unless ship and cargo belong to the same owner, or the 
 owner of the ship is privy to the contraband carriage; and ordina- 
 rily the punishment of the ship is satisfied by visiting upon her the 
 loss of time and freight and expenses which she incurs in consequence 
 of her complicity. On the other hand, it is the duty of every Govern- 
 ment to prevent the fitting out, arming, or equipping of vessels which 
 it has reasonable ground to believe are intended to engage in naval 
 warfare with a power with which it is at peace." 
 
 § 245. Construction of this Chapter. — Section 5291 of 
 the old Revised Statutes becomes Section 18 of the new 
 Code, in the following words: 
 
 "Sec. 18. The provisions of this chapter shall not be construed to 
 extend to any subject or citizen of any foreign prince, state, colony, 
 district, or people who is transiently within the United States and 
 enlists or enters himself on board of any vessel of war, letter of mar- 
 que, or privateer, which at the time of its arrival within the United 
 States was fitted and equipped as such, or hires or retains another 
 subject or citizen of the same foreign prince, state, colony, district, 
 or people who is transiently within the United States to enlist or 
 enter himself to serve such foreign prince, state, colony, district, or 
 people on board such vessel of war, letter of marque, or privateer, 
 if the United States shall then be at peace with such foreign prince, 
 state, colony, district, or people. Nor shall they be construed to pre- 
 vent the prosecution or punishment of treason, or any piracy defined 
 by the laws of the United States."
 
 CHAPTER XI. 
 
 OFFENSES AGAINST ELECTIVE FRANCHISE AND CIVIL RIGHTS 
 
 OF CITIZENS. 
 
 § 246. System of Government, Etc., Generally. 
 
 247. Conspiracy to Injure, Etc., Citizens in the Exercise of Civil 
 
 Rights. 
 247a. Indiana Election Case, and Right to Vote, Etc. 
 247b. Illustrative Cases. 
 
 248. Right to Labor. 
 
 249. Other Illustrations. 
 
 250. Other Crimes Committed While Violating the Preceding Sec- 
 
 tion. 
 
 251. Depriving Persons of Civil Rights Under Color of State Law. 
 
 252. Conspiracy to Prevent Persons From Holding Office, or Officer 
 
 From Performing His Duty Under United States, Etc. 
 
 253. Unlawful Presence of Troops at Election. 
 
 254. Intimidation of Voters by Officers, Etc., of Army and Navy. 
 
 255. Officers of Army or Navy Prescribing Qualifications of Voters. 
 
 256. Officers, Etc., of Army or Navy Interfering with Officers of 
 
 Election, Etc. 
 
 257. Persons Disqualified From Holding Office; When Soldiers, 
 
 Etc., May Vote. 
 257a. Primary Elections. 
 
 § 246. Our system of government, being dual in its 
 nature, brings to the native or naturalized individual who 
 maintains his citizenship in this country, two protections, 
 each of which is, however, distinct from the other, and 
 jealous of its particular territory and jurisdiction. The 
 State has certain duties which it must fulfill toward its 
 citizens, to the complete and satisfactory meeting of 
 which the Federal Government stands as sponsor and 
 guarantor. On the other hand, the Federal Government 
 must exercise its superior power with extreme care, lest 
 it encroach upon the rights and sovereignties of the re- 
 spective States. There are also some Federal citizenship 
 rights, but they are few in comparison to State citizen- 
 ship rights. While the Federal Government has author- 
 ity, under the Federal Constitution, and particularly un- 
 der Amendments Six, Thirteen, and Fourteen to that in- 
 strument, to enforce certain private rights for the in- 
 dividual at the hands of the State, the vast majoritv of 
 
 (427)
 
 428 Federal Criminal Law Procedure. 
 
 individual rights are to be enforced by the State Govern- 
 ments. 
 
 Among the rights and privileges which have been recog- 
 nized by the Courts as being secured to the citizens of the 
 United States by the Constitution, are the right to peti- 
 tion Congress for a redress of grievances; the right to vote 
 for Presidential Electors or Members of Congress; and 
 the right of every judicial and executive officer, or every 
 person engaged in the service or kept in the custody of 
 the United States in the course of the administration of 
 justice, to be protected from lawless violence. There is a 
 peace of the United States. These Federal rights have 
 been announced by the Supreme Court in their order as 
 above stated, in the following cases: United States vs. 
 Cruikshank, 92 IT. S., 542, 23 Law Ed., 588; ex parte 
 Yarbrough, 110 U. S., 651, 28 Law Ed., 274; in re Neagle, 
 135 U. S., 1, 34 Law Ed., 55; U. S. vs. Logan, 12 Supreme 
 Court, 617, 36 Law Ed., 429. 
 
 These Supreme Court discovered rights have been 
 somewhat added to by later cases, that will be noticed in 
 the discussion under old Section 5508, which becomes 
 new Section 19. 
 
 Difficult, indeed, it is to invariably trace the line be- 
 tween the authorities and limitations of the two sover- 
 eignties; and this difficulty is somewhat increased by the 
 desire to see that a wronged individual secures his rights, 
 regardless of setting precedent or the overriding of limi- 
 tations that must, for the perpetuity of our republic, be 
 observed. 
 
 § 247. Conspiracy to Injure, Etc., Citizens in the Ex- 
 ercise of Civil Rights.— Section 5508 of the 1878 Revised 
 Statutes becomes Section 19 of the new Code, in the fol- 
 lowing words: 
 
 "Sec. 19. If two or more persons conspire to injure, oppress, threat- 
 en, or intimidate any citizen in the free exercise or enjoyment of 
 any right or privilege secured to him by the Constitution or laws 
 of the United States, or because of his having so exercised the same, 
 or if two or more persons go in disguise on the highway, or on 
 the premises of another, with intent to prevent or hinder his free 
 exercise or enjoyment of any right or privilege so secured, they 
 shall be fined not more than five thousand dollars and imprisoned 
 not more than ten years, and shall, moreover, be thereafter ineligible
 
 Offenses Against Franchise, etc. 429 
 
 to any office, or place of honor, profit, or trust created by the Con- 
 stitution or laws of the United States." 
 
 Bearing in mind the two sorts of rights that each in- 
 dividual citizen in this country is supposed to enjoy, 
 namely, those original rights which he has as a citizen of 
 the United States and those which he has as a citizen of 
 the State in which he resides, it will be at once under- 
 stood that the foregoing section can only relate to and 
 protect such rights as are guaranteed to the citizen of 
 the United States; that is, to the rights pertaining to 
 citizens as citizens of the United States. The easiest way 
 for us to find the line as blazed by the Courts, is to review 
 some of the decisions. 
 
 In United States vs. Eberhart, 127 Federal, 254, Dis- 
 trict Judge Newman held that an indictment which 
 charged the defendants with conspiring, etc., to intimi- 
 date B, a citizen of the United States, in the free exercise 
 of his privilege to contract and being contracted with, 
 his right of personal security and personal liberty, and 
 the overt act charged was the seizing of B, the placing 
 of hand cuffs on him and compelling him, by force and 
 against his will, to enter into a pretended contract to 
 work for a long period of time, stated no Federal offense, 
 because the citizens right to personal liberty and security 
 was within the primary jurisdiction of the State. 
 
 In McKenna vs. United States, 127 Federal, page 88, 
 the Circuit Court of Appeals for the Sixth Circuit held 
 that an indictment under this section, which charged that 
 the defendants conspired to injure, etc., certain male 
 citizens of Kentucky in the free exercise and enjoyment 
 of a right and privilege secured to them, was bad, as 
 indefinite, in that it failed to state what particular right 
 and privilege it meant. The opinion, in discussing the 
 demurrer, leaves us under the impression that the prose- 
 cution would have sustained, (it being for a conspiracy 
 to prevent certain persons from voting), had the indict- 
 ment been sufficient. 
 
 The Circuit Court of Appeals for the Eighth Circuit, in 
 Haynes vs. United States, 101 Federal, page 819, held in 
 substance, that an indictment against certain persons for
 
 430 Federal Criminal Law Procedure. 
 
 conspiring to prevent a citizen of the United States from 
 the free exercise and enjoyment of a certain right and 
 privilege secured to him by the laws of the United States, 
 (that is to say, the right to then and there peaceably 
 enter upon, prospect for minerals, initiate, locate, estab- 
 lish, and perfect a mining claim upon the public lands 
 of the United States under the public land of the United 
 States, etc.), was good, and that a prosecution therefor 
 could be sustained under this section. 
 
 In Davis vs. United States, 107 Federal, 753, the Circuit 
 Court of Appeals for the Sixth Circuit affirmed a convic- 
 tion had upon an indictment charging a conspiracy under 
 this section to prevent the arrest of certain parties who 
 were sought by the United States Deputy Marshals for 
 alleged violations of the Federal Revenue Laws, the overt 
 act charged therein being the murder of one of the Fed- 
 eral officials. 
 
 In Karem vs. United States, 121 Federal, 250, the Cir- 
 cuit Court of Appeals for the Fifth Circuit, in a prosecu- 
 tion under this section, held that the power of Congress, 
 to legislate on the subject of voting at purely State elec- 
 tions, is entirely dependent upon the Fifteenth Constitu- 
 tional Amendment, and is limited by such amendment to 
 the enactment of appropriate legislation to prevent the 
 right of a citizen of the United States to vote, from being- 
 denied or abridged by a State, on account of race, color, 
 or condition; and since the amendment is in terms ad- 
 dressed to action by the United States or a State, ap- 
 propriate legislation for its enforcement must also be 
 addressed to State action, and not to the action of in- 
 dividuals. In that case, the Court held, in substance, that 
 a penal act of Congress cannot be sustained, as an exer- 
 cise of the power given by a Constitutional provision, to 
 enact appropriate legislation for its enforcement, where 
 the Act is broader in its terms than the Constitutional 
 provision, and the language used covers wrongful acts 
 without as well as within, the same. In that particular 
 case, the defendant had been convicted under an indict- 
 ment framed under this section, which charged in sub- 
 stance that he and others had conspired, etc., to intimidate 
 certain persons of color, who were citizens of the United
 
 Offenses Against Franchise, etc. 431 
 
 States and of the State of Kentucky, qualified voters, etc., 
 from exercising a right and privilege secured by them by 
 the Constitution and laws of the United States, to wit, 
 the right and privilege to vote at the election ( setting 
 out the election, etc.) such election being for State and 
 municipal officers of Kentucky only. The defendants 
 were convicted. The contention of the Government be- 
 fore the Circuit Court of Appeals was, that Sections 2004 
 and 5508 of the old Statutes, guaranteed the individual 
 the right to vote at a State election, and that the Federal 
 Government protected him in his right, even against the 
 acts of individuals. The Fifteenth Amendment to the 
 Constitution reads as follows: 
 
 "Sec. 1. The right of citizens of the United States to vote shall 
 not be denied or abridged by the United States, or by any State, on 
 account of race, color, or previous condition of servitude. 
 
 "Section 2. The Congress shall have the power to enforce this 
 Article by appropriate legislation." 
 
 The Courts had already decided that this Constitution- 
 al Amendment did not confer the right of suffrage upon 
 anyone, United States vs. Reeves, 92 U. S., 214, 23 Law 
 Ed., 563; United States vs. Cruikshank, 92 U. S., 542; 
 23 Law Ed., 588. The right to vote is conferred by the 
 State laws. The Amendment, therefore, merely guaran- 
 teed that no State should interfere with the right to vote, 
 by legislation based upon a distinction as to race, color, 
 or previous condition of servitude. "State action, there- 
 fore, and not individual action," said the Court, "is the 
 subject of this Article. The right to vote in purely State 
 elections being, as we have seen, a right granted by, and 
 dependent upon, the law of the State, is, therefore, a right 
 which can only be denied or abridged by the State. The 
 Amendment is, therefore, in terms addressed to State 
 action .... With the exception of the first clause of the 
 first section of the Fourteenth Amendment, that section 
 is, like the Fifteenth Amendment, addressed broadly to 
 the State. The other clauses of that Section, reading as 
 follows: 
 
 "No State shall make or enforce any law which shall abridge the 
 privileges or immunities of citizens of the United States; nor shall
 
 432 Federal Criminal Law Procedure. 
 
 any State deprive any person of life, liberty, or property, without 
 due process of law; nor deny to any person, within its jurisdiction, 
 the equal protection of thhe laws," 
 
 have been authoritatively construed as addressed to State 
 action in some form, and not to mere individual conduct. 
 The Slaughter house case, 10 Wallace, 36, 21 Law Ed., 394; 
 ex parte Virginia, 100 U. S., 339, 25 Law Ed., 676, the 
 Cruikshank case, cited supra; United States vs. Harris, 
 106 U. S., 629, 27 Law Ed., 290; Virginia vs. Eives, 100 
 U. S., 313, 25 Law Ed., 667; Civil Rights case, 109 U. S., 
 3, 37 Law Ed., 835; Chicago, etc. Railroad vs. Chicago, 
 166 U. S., 226, 41 Law Ed., 979." Of course, if the in- 
 dividual acts as an instrument or agency of the State, 
 and presumes to act by the authority of the State, then 
 this section would be operative. Same authorities. And 
 the Court reversed the conviction, and sustained the 
 demurrer. 
 
 § 247a. Indiana Election Case. — U. S. vs. Aczel et al. 
 219 Federal, 917. Right to vote for United States rep- 
 resentatives, Felix vs. U. S., 186 Federal, 685, which also 
 gives form of indictment. U. S. vs. Stone, 197 Federal, 
 483. A ballot difficult to understand and purposely made 
 so in Congressional elections is a violation of this statute. 
 U. S. vs. Stone, 188 Federal, 836. 
 
 Sec. 247 b. Illustrative Cases Under Foregoing Sec- 
 tion. 
 
 Sec. 19, quoted above, does not prohibit kidnapping; 
 and does not punish for deporting from a state, U. S. vs. 
 Wheeler, 254 F. 611. 
 
 Nor does it apply for bribery of voters, U. S. vs. Bath- 
 gart, U. S. Sup. Ct. Mar. 1918; also U. S. vs. Gradwell, 
 U. S. Sup. Ct. Apr. 1917. 
 
 The intent is most material under this section, Buch- 
 anan vs. U. S., 233 F. 257. 
 
 The section cannot be violated by "ordering" etc., U. 
 S. vs. Wilcox, 243 F. 993 and U. S. vs. Welch, 243 F. 996. 
 
 For form of indictment see Montova vs. U. S., 262 F. 
 759. 
 
 It is a violation to prevent colored persons from voting, 
 Guinn vs. U. S., 228 F. 104.
 
 Offenses Against Franchise, etc. 433 
 
 One has the right to vote for members of congress, etc., 
 Aczel vs. U. S., 232 F. 652. 
 
 Personal rights and not general rights are safeguarded 
 and an indictment which does not recognize this distinc- 
 tion is invalid, Chavez vs. U. S., 261 F. 174. 
 
 The protection of this amendment does not extend to 
 primaries, U. S. vs. 'Toole, 236 F. 993. 
 
 § 248. Right to Labor. — District Judge Trieber, in 
 United States vs. Morris, 125 Federal, 322, in overruling 
 a demurrer to an indictment, found under this section, 
 which charged a conspiracy, etc., to prevent negro citi- 
 zens from exercising the right to lease and cultivate land, 
 because they were negroes, etc., held that Congress has 
 the power, under the Thirteenth Constitutional Amend- 
 ment, to protect citizens of the United States in the en- 
 joyment of those rights which are fundamental and belong 
 to every citizen, if the depredation of those rights is 
 solely because of race or color. In his opinion, Judge 
 Trieber follows the distinction made by Justice Bradley 
 in the Civil Eights Cases, 109 U. S., 3, 27 Law Ed., 835, 
 in considering the Thirteenth, Fourteenth and Fifteenth 
 Amendments to the Constitution. By the wording of the 
 Fourteenth and Fifteenth Amendments, encroachments 
 by State authority alone are mentioned; but the Thir- 
 teenth Amendment includes everybody within the juris- 
 diction of the national Government. That Amendment 
 provides that neither slavery nor involuntary servitude, 
 except as a punishment for crime whereof the party shall 
 have been duly convicted, shall exist within the United 
 States, or any place subject to their jurisdiction. The 
 abolition of slavery, said Mr. Justice Field in the Slaugh- 
 ter-house case, and involuntary servitude, was intended 
 to make everyone born in this country a free man ; and 
 as such, to give him the right to pursue the ordinary 
 avocations of life, without other restraint than such as 
 affects all others, and to enjoy equally with them the 
 fruits of his labor. The right to lease land, said Judge 
 Trieber, and to accept employment as a laborer for hire, 
 are fundamental rights, inherent in every free citizen, 
 and a conspiracy to prevent the negro from exercising 
 these rights, because he is a negro, is a conspiracy to 
 
 28
 
 434 Federal Criminal Law Procedure. 
 
 deprive him of the privilege secured by the Constitution 
 and laws of the United States, within the meaning of the 
 Section 5508. 
 
 The Circuit Court of Appeals for the Eighth Circuit, iu 
 Smith vs. United States, 157 Federal, 721, affirmed a judg- 
 ment of conviction had upon an indictment found under 
 the section now being considered, for conspiring, etc., to 
 effect by arresting, imprisoning, guarding, and compelling 
 by threats and intimidation, a certain negro to work 
 against his will. This prosecution was also predicated 
 upon the Thirteenth Constitutional Amendment. The 
 evidence in this case showed that one of the defendants 
 went to Memphis, Tennessee, and there hired fifteen or 
 more negroes to go with him to his place in Missouri, to 
 work in a mill, promising liberal wages. On their arrival 
 in the night, they were met at the station by another of 
 the defendants with hacks and taken to a farm twelve 
 miles distant, where they were searched for weapons, and 
 then placed in a cabin under the guard of others armed 
 with repeating rifles and revolvers. They were kept un- 
 der such guards night and day, and worked on the farm 
 in clearing and ditching, few, if any, receiving the prom- 
 ised wage. All of the defendants were convicted. 
 
 § 249. Other Illustrations. — In United States vs. 
 Davis, 103 Federal, 458, Judge Hammond overruled a mo- 
 tion for new trial, and assessed the full penalty of the 
 statute against a defendant who was indicted for violat- 
 ing this section, the specific conspiracy being to injure 
 and intimidate, etc., a United States Marshal and his 
 posse, and to deprive them of their Constitutional right 
 to arrest him on legal process; as a result of which con- 
 spiracy the Deputy Marshal was killed. 
 
 The Supreme Court of the United States, in United 
 States vs. Mason, 213 U. S., page 115, passed technically 
 upon a similar prosecution against certain parties who 
 conspired to intimidate, and finally killed, an agent of 
 the Department of Justice of the United States; upon the 
 trial of whom the defense was raised that they had been 
 acquitted in the State Court for murdering the identical 
 person; and the Supreme Court of the United States, in
 
 Offenses Against Franchise, etc. 435 
 
 that case, says that inasmuch as the State Court had 
 acquitted for murder of the identical person alleged as 
 the overt act for the Federal crime, there could be no 
 Federal offense. In other words, "the language of Sec- 
 tion 5509 is entirely satisfied, and the ends of justice met, 
 if the statute is construed as not embracing, nor intended 
 to embrace, any felony or misdemeanor against the State, 
 of which, prior to the trial in the Federal Court of the 
 Federal offense charged, the defendants had been law- 
 fully acquitted of the alleged State offense, by a State 
 Court having full jurisdiction in the premises. This in- 
 terpretation recognizes the power of the State, by its own 
 tribunals, to try offenses against its laws, and to acquit 
 or punish the alleged offender, as the facts may justify. 
 This construction," continued that Court, "will not pre- 
 vent the trial of the defendants upon the charge of con- 
 spiracy, and their punishment, if guilty, according to 
 5508; namely, by a fine of not exceeding five thousand 
 dollars and imprisonment not more than ten years. The 
 only result of the views we have expressed is that in the 
 trial of this case in the Federal Court, 5509 cannot be ap- 
 plied, because it has been judicially ascertained and de- 
 termined by a tribunal of competent jurisdiction — the 
 only one that could finally determine the question — that 
 the defendants did not murder Walker. The Federal 
 Court may, therefore, proceed as indicated in 5508, with- 
 out reference to 5509." 
 
 Morris Case, Hodges Case, Riggins Case, and Powell 
 Case. — We have discussed above Judge Trieber's opinion 
 in 125 Federal, 322. The Supreme Court of the United 
 States, in Hodges vs. United States, 27 Supreme Court, 6; 
 51 Law Ed., page 65; 203 II. S., page 1, which was a case 
 from the Eastern District of Arkansas, where the defend- 
 ants were convicted under this section for conspiring, 
 etc., to compel negro citizens, by force and intimidation, 
 to desist from performing their contracts of employment, 
 reversed and dismissed the prosecution; the reasoning of 
 the Court being in direct conflict with the reasoning of 
 Judge Trieber in the Morris case, cited supra. The opin- 
 ion of the Court, by Judge Brewer suggests that prior to
 
 436 Federal Criminal Law Procedure. 
 
 the post-bellum Amendments to the Constitution, the na- 
 tional Government had no jurisdiction over a wrong like 
 that charged in this indictment. The Fourteenth and Fif- 
 teenth Amendments do not justify the legislation, (that 
 is, Section 5508), for they, as have been repeatedly held, 
 are restrictions upon State action. Unless, therefore, 
 said the Court, the Thirteenth Amendment vests in the 
 nation the jurisdiction claimed, the remedy must be 
 sought through State action, and in State tribunals, sub- 
 ject to the supervision of this Court, by writ of error, in 
 proper cases. The things denounced by the Thirteenth 
 Amendment are slavery and involuntary servitude, and 
 Congress is given power to enforce that denunciation. 
 While the inciting cause of the Amendment was the 
 emancipation of the colored race, yet it is not an attempt 
 to commit that race to the care of the nation. It is the 
 denunciation of the condition, and not a declaration of 
 favor of a particular people. It reaches every race and 
 every individual; and if in any respect it commits one 
 race to the nation, it commits every race and every in- 
 dividual thereof. Slavery or involuntary servitude of 
 the Chinese, of the Italian, of the Anglo Saxon, are as 
 much within its compass as slavery or involuntary servi- 
 tude of the African. It is no answer to say that one of 
 the indicia of the existence of slavery is the existence of 
 the disability to make or perform contracts. The Court 
 continues: 
 
 "At the close of the Civil War, when the problem of the eman- 
 cipated slaves was before the nation, it might have left them in 
 a condition of aliens; or established them as wards of the Govern- 
 ment, like the Indian tribes, and thus retained jurisdiction for the 
 nation over them; or it might, as it did, give them citizenship. It 
 chose the latter. By the Fourteenth Amendment, it made citizens 
 of all born within the limits of the United States, and subject to its 
 jurisdiction. By the Fifteenth, it prohibited any State from denying 
 the right of suffrage, on account of color, race, or previous condition 
 of servitude; and by the Thirteenth, it forbade slavery or involun- 
 tary servitude anywhere within the limits of the land .... Congress 
 gave them citizenship, doubtless believing that thereby, in the long- 
 run, their best interests would be subserved, they taking their chances 
 with other citizens in the States where they should make their homes. 
 For these reasons, we think that the United States Court had no 
 jurisdiction of the wrong charged in the indictment."
 
 Offenses Against Franchise, etc. 437 
 
 District Judge Jones, in United States vs. Powell, 151 
 Federal, 648, follows the Hodges case, and sustained a de- 
 murrer to an indictment which charged the defendant, 
 with one Riggins, ex parte Riggins, 134 Federal, 404; 
 Riggins vs. United States, 199 U. S., 546, 50 Law Ed., 
 303, with conspiring to injure, etc., a negro citizen in the 
 enjoyment of certain rights, to wit, by depriving him 
 of the right of trial, etc., by taking him from the sheriff, 
 who had him in custody, and mobbing him. Judge Jones, 
 in the Riggins case, 134 Federal, 404, decided the ques- 
 tion on demurrer differently from the way he decided in 
 the Powell case; but between the time of the rendition 
 of the Riggins opinion and the rendition of the Powell 
 opinion, the Supreme Court had spoken in the Hodges 
 case, cited supra. 
 
 Voting. — In United States vs. Lackey, District Judge 
 Evans overruled demurrers to an indictment which was 
 brought under this section for conspiring to intimidate 
 and prevent negro citizens from exercising the right to 
 vote; and he j)laced his decision upon the guarantee of 
 the Fifteenth Amendment. 
 
 The right to vote for a United States representative is 
 secured by the United States constitution and is within 
 the statute under discussion. Felix vs. U. S., 186 Federal, 
 685. A conspiracy to deprive colored voters of their right 
 to vote for a member of Congress. U. S. vs. Stone, 197 
 Federal, 483. A conspiracy to deprive one of his right to 
 vote at a Congressional election is "injuring" him within 
 the meaning of the statute. U. S. vs. Stone, 188 Federal, 
 836, which is the same case as 197 Federal cited above 
 except that in the 188th report the Court is overruling 
 the demurrer to the indictment and in the 197th the 
 Court is imposing the punishment. 
 
 In the Indiana case, United States vs. Aczel et al., 219 
 Federal, 917, the Court held on demurrer that under sec- 
 tion 2 of Article 1 of the Constitution providing that the 
 House of Representatives shall be composed of members 
 chosen by the people of the several states and the electors 
 in each state shall have the qualifications of the electors 
 of the most numerous branch of the State Legislature,
 
 438 . Federal Criminal Law Procedure. 
 
 and Constitutional Amendment 17 making similar pro- 
 visions for United States senators, and the Act of June 4, 
 1914, 38 Stats. 384, providing for the election of United 
 States senators by direct vote of the people, the election 
 to be conducted as near as may be in accordance with 
 the laws of the state regulating the nomination and elec- 
 tion of representatives, the right to vote for representa- 
 tives in Congress and United States senators, and to 
 serve as members of the election boards where such rep- 
 resentatives or senator is to be elected, are rights secured 
 by the Constitution and laws of the United States within 
 the provision of Section 19 of the Criminal Code. 
 
 Right to Inform of Violations of the Law. — It is the 
 right and privilege of one, in return for the protection 
 enjoyed under the Constitution and laws of the United 
 States, to aid in the execution of the laws, by giving 
 information to the proper authorities of violations of 
 those laws. Conspiracy to injure one who had given in- 
 formation about violations of the Revenue Laws, is an 
 offense under this Section. 1 Federal Stat., 803; Motes 
 vs. United States, 178 U. S., 458; in re Quarrels, 158 U. 
 S., 532. A conspiracy to intimidate a citizen of African 
 descent in the exercise of his right to vote for a Member 
 of Congress and in the execution of that conspiracy, beat- 
 ing and maltreating him, is an offense under Section 
 5520. First Federal Statutes Annotated, 803; ex parte 
 Yarbrough, 110 U. S., 651; U. S. vs. Butler, 1 Hughes, 457. 
 
 Right of One in Custody to Protection. — The leading 
 case upon this question is the case of Logan vs. United 
 States, 144 U. S., 263, where it was decided that a person 
 in the custody of a United States Marshal, has the right 
 to be protected against unlawful interference; and the 
 conspiracy to deprive him of such right is an offense 
 under this section. 
 
 Other Cases. — Cases not cited in the above discussion, 
 but which bear upon various phases of the statute under 
 consideration are the following: Strauder vs. West Vir- 
 ginia, 100 U. S., 303; ex parte Virginia, 100 U. S., 339; 
 ex parte Siebold, 100 U. S., 371; ex parte Clark, 100 U. 
 S., 399; Neal vs. Delaware, 103 U. S., 370; United States 
 vs. Harris, 106 U. S., 629; Civil Rights cases, 109 U. S.,
 
 Offenses Against Franchise, etc. 439 
 
 17; Baldwin vs. Frank, 120 U. S., 678; in re Coy, 127 
 U. S., 731; in re Neagel, 135 U. S., 1; in re Lancaster, 137 
 U. S., 393; Brown vs. United States, 150 U. S., 93; in re 
 Quarrels, 158 U. S., 532; Rakes vs. U. S., 212 U. S., 55; 
 Le Grand vs. U. S., 12 Federal, 577; in re Baldwin, 27 
 Federal, 187; U. S., vs. Lancaster, 44 Federal, 885; U. 
 S. vs. Sanges, 48 Federal, 78; U. S. vs. Patrick, 53 Fed- 
 eral, 356; also 54 Federal, 338. 
 
 It may, therefore, be stated with comparative satisfac- 
 tion and confidence in the ability to demonstrate its 
 correctness from the above decisions, that the Federal 
 Government has no jurisdiction to prosecute under these 
 statutes for offenses which interfere with the privileges 
 and immunities of citizens of the several States. The 
 difficulty seems to be to determine just what are such 
 privileges and immunities. "They are," in the language 
 of Mr. Justice Washington, which is approved in the 
 Slaughter-house Cases, cited supra, "such privileges and 
 immunities as are fundamental; which belong of right 
 to the citizens of all free Governments, and which have, 
 at all times, been enjoyed by citizens of the several States 
 which compose this Union, from the time of their be- 
 coming free, independent, and sovereign. What these 
 fundamental principles are, it would be more tedious than 
 difficult to enumerate. They may all, however, be com- 
 prehended under the following general heads: protection 
 by the Government, with the right to acquire and possess 
 property of every kind, and to pursue and obtain 
 happiness and safety, subject, nevertheless, to such re- 
 straints as the Government may prescribe for the general 
 good of the whole." On the other hand, the Federal 
 Government, under the above statutes, will protect the 
 person in the right to vote for any Federal official; will 
 protect a person in his right to give information of the 
 violation of Federal laws; will protect the Federal Gov- 
 ernment, and all of its agencies, persons, and entire of- 
 ficialdom; will protect the person of any prisoner that 
 may be in the hands of its officers; and will protect its 
 officers in the execution of any and all of their functions ; 
 and will, in the enforcement of the Thirteenth Amend- 
 ment, punish all sorts of peonage and enforced labor.
 
 44U Federal Criminal Law Procedure. 
 
 Any mob, however, or aggregation of private individ- 
 uals that act independently of a State or Government 
 that attacks the negro race or other races, commit no 
 Federaly offense. Such offenders are to be punished by 
 the laws of the State. 
 
 § 250. Other Crimes Committed While Violating the 
 Preceding Section. — Section 5509 of the old 1878 Statutes 
 reads as follows: 
 
 "Sec. 5509. If in the act of violating any provision in either of 
 the two preceding sections any other felony or misdemeanor be com- 
 mitted, the offender shall be punished for the same with such punish- 
 ment as is attached to such felony or misdemeanor by the laws of 
 
 the State in which the offense is committed." 
 
 4 
 
 The section does not embrace any felony or misde- 
 meanor against a State, of which, prior to the trial in the 
 Federal Court of the Federal offense, the defendants had 
 been lawfully acquitted by a State Court having full 
 jurisdictoin. As the Federal Court accepted the judgment 
 of a State Court, construing the meaning and scope of 
 the State enactment whether civil or criminal, it should 
 also accept the judgment of a State Court based on a 
 verdict of acquittal of a crime against the State. United 
 States vs. Mason, 213 U. S., 115. 
 
 § 251. Depriving Persons of Civil Rights Under Color 
 of State Law. — Section 5510 of the old statutes becomes 
 Section 20 of the new Code, which is in the following 
 words: 
 
 "Sec. 20. Whoever, under color of any law, statute, ordinance, 
 regulation, or custom, wilfully subjects, or causes to be subjected, any 
 inhabitant of any State, Territory, or District to the deprivation of 
 any rights, privileges, or immunities secured or protected by the 
 Constitution and laws of the United States, or to different punish- 
 ments, pains, or penalties, on account of such inhabitant being an 
 alien, or by reason of his color, or race, than are prescribed for the 
 punishment of citizens, shall be fined not more than one thousand 
 dollars, or imprisoned not more than one year, or both." 
 
 The Court, in charging the jury in United States vs. 
 Buntin, 10 Federal, 730, which was a prosecution under 
 this section, said, "He, the child, must have been ex- 
 cluded under some color of law, statute, ordinance, reg-
 
 Offenses Against Franchise, etc. 441 
 
 ulation, or custom of the State, and on account of his 
 color." See also Civil Rights Cases, 109 U. S., 16. 
 
 § 252. Conspiracy to Prevent Person from Holding 
 Office or Officer from Performing His Duty Under United 
 States, Etc. — Section 5518 of the old Statutes becomes 
 Section 21 of the new Code, as follows: 
 
 "Sec. 21. If two or more persons in any State, Territory, or Dis- 
 trict conspire to prevent, by force, intimidation, or threat, any person 
 from accepting or holding any office, trust, or place of confidence un- 
 der the United States, or from discharging any duties thereof; or 
 to induce by like means any officer of the United States to leave any 
 State, Territory, District, or place, where his duties as an officer 
 are required to be performed, or to injure him in his person or prop- 
 erty on account of his lawful discharge of the duties of his office, 
 or while engaged in the lawful discharge thereof, or to injure his 
 property so as to molest, interrupt, hinder, or impede him in the 
 discharge of his official duties, each of such persons shall be fined 
 not more than five thousand dollars, or imprisoned not more than 
 six years, or both." 
 
 § 253. Unlawful Presence of Troops at Elections.- 
 
 Section 22 of the new Code takes the place of old Section 
 5528, and is in the following words: 
 
 "Sec. 22. Every officer of the Army or Navy, or other person in 
 the civil, military, or naval service of the United States, who orders, 
 brings, keeps, or has under his authority or control any troops or 
 armed men at any place where a general or special election is held 
 in any State, unless such force be necessary to repel armed enemies 
 of the United States, shall be fined not more than five thousand dollars 
 and imprisoned not more than five years." 
 
 § 254. Intimidation of Voters by Officers, Etc., of 
 Army and Navy. — Section 23 of the new Code displaces 
 old Section 5529, and is in the following words: 
 
 "Sec. 23. Every officer or other person in the military or naval 
 service of the United States who, by force, threat, intimidation, order, 
 advice, or otherwise, prevents, or attempts to prevent, any qualified 
 voter of any State from freely exercising the right of suffrage at any 
 general or special election in such State shall be fined not more than 
 five thousand dollars and imprisoned not more than five years." 
 
 § 255. Officers of Army or Navy Prescribing Quali- 
 fications of Voters. — Section 24 of the new Code takes the 
 place of old Statute 5530, and is as follows: 
 
 "Sec. 24. Every officer of the Army or Navy who prescribes or fixes, 
 or attempts to prescribe or fix, whether by proclamation, order, or
 
 442 Federal Criminal Law Procedure. 
 
 otherwise, the qualifications of voters at any election in any State 
 shall be punished as provided in the preceding section." 
 
 § 256. Officers, Etc., of Army or Navy Interfering 
 with Officers of Election, Etc. — Section 25 of the new 
 Code takes the place of Section 5531, and is as follows: 
 
 "Sec. 25. Every officer or other person in the military or naval 
 service of the United States who, by force, threat, intimidation, order, 
 or otherwise, compels, or attempts to compel, any officer holding an 
 election in any State to receive a vote from a person not legally 
 qualified to vote, or who imposes, or attempts to impose, any regula- 
 tions for conducting any general or special election in a State different 
 from those prescribed by law, or who interferes in any manner with 
 any officer of an election in the discharge of his duty, shall be punish- 
 ed as provided in section twenty-three." 
 
 § 257. Persons Disqualified from Holding Office; 
 When Soldiers, Etc., May Vote.— Old Section 5532 be- 
 comes Section 26 of the new Code, as follows: 
 
 "Sec. 26. Every person convicted of any offense defined in the 
 four preceding sections shall, in addition to the punishment therein 
 prescribed, be disqualified from holding any office of honor, profit, or 
 trust under the United States; but nothing therein shall be construed 
 to prevent any officer, soldier, sailor, or marine from exercising the 
 right of suffrage in any election district to which he may belong, if 
 otherwise qualified according to the laws of the State in which he of- 
 fers to vote." 
 
 Sec. 257 a. Primary Elections. 
 
 Primary elections are not within the protection of the 
 federal statute as framed at the time of this writing, U. 
 S. vs. 'Toole, 236 F. 993. 
 
 Primary elections are not under the provisions of the 
 corrupt practice act, of June 25, 1910, as amended August 
 19, 1911, see Gradwell vs. U. S., 243 U. S., 476, which also 
 gives form of indictment. 
 
 In the case of Newberry vs. U. S., 41 Sup. Ct. Rep. 469, 
 it was held that the corrupt practice act, as applied to 
 party primaries, was not within the power conferred on 
 congress by the constitution in Art. 1, Sec. 4, to regulate 
 the manner of holding elections, or within the power 
 conferred by Art. 1, Sec. 8, to make all laws necessary 
 and proper for carrying into effect the powers granted 
 by the constitution.
 
 CHAPTER XII. 
 
 OFFENSES AGAINST FOREIGN AND INTERSTATE COMMERCE 
 
 § 258. Dynamite, Etc.. not to be Carried on Vessels or Vehicles Carry- 
 ing Passengers for Hire. 
 258a. Explosives. 
 
 259. Interstate Commerce Commission to Make Regulations for 
 
 Transportation of Explosives. 
 
 260. Liquid Nitro-Glycerine, etc., Not to be Carried on Certain 
 
 Vessels or Vehicles. 
 
 261. Marking of Packages of Explosives — Deceptive Marking. 
 
 262. Death or Bodily Injury Caused by Such Transportation. 
 
 263. Importation and Transportation of Lottery Tickets, Etc. 
 
 264. Interstate Shipment of Intoxicating Liquors, Delivery to be 
 
 Made Only to Bona Fide Consignee. 
 
 265. Common Carrier, Etc., not to Collect Purchase Price of Inter- 
 
 state Shipment of Intoxicating Liquors. 
 265a. Decision Under Last Statute. 
 
 266. Packages Containing Intoxicating Liquors Shipped in Interstate 
 
 Commerce to be Marked as Such. 
 
 267. Importation of Certain Wild Animals, Birds, and Reptiles For- 
 
 bidden. 
 267a. Migratory Game — Birds. 
 
 268. Transportation of Prohibited Animals. 
 268a. Constitutionality of Statute. 
 
 269. Marking of Packages. 
 
 270. Penalty for Violation of Preceding Sections. 
 
 271. Depositing Obscene Books, Etc., with Common Carrier. 
 271a. The Statute is Constitutional. 
 
 271b. Anti-Pass Law. 
 
 271c. Theft of Goods in Interstate Commerce. 
 
 271c.cc. Theft and Inter-State Transportation of Automobile. 
 271d. Cotton Future Contracts. 
 
 271e. Opium or Coco Leaves, Their Salts, Derivatives or Prepara- 
 tions. 
 271f. Interstate Commerce — Regulation Thereof. 
 
 In Chapter IX. of the 1910 Code, there are fourteen sec- 
 tions which are created offenses by reason of the power 
 of the general Government to supervise interstate and 
 international commerce. 
 
 § 258. Dynamite, Etc., Not to be Carried on Vessels 
 or Vehicles Carrying Passengers for Hire. — Sections 4278 
 and 5353 of the old Statutes are shorn of their cumber- 
 
 (443)
 
 444 Federal Criminal Law Procedure. 
 
 someness and broadened by new Section 232, in the fol- 
 lowing words: 
 
 "Sec. 232. It shall be unlawful to transport, carry, or convey, any 
 dynamite, gunpowder, or other explosive, between a place in a foreign 
 country and a place within or subject to the jurisdiction of the United 
 States, or between a place in any State, Territory, or District of the 
 United States, or place noncontiguous to but subject to the juris- 
 diction thereof, and a place in any other State, Territory, or District 
 of the United States, or place noncontiguous to but subject to the 
 jurisdiction thereof, on any vessel or vehicle of any description operat- 
 ed by a common carrier, which vessel or vehicle is carrying passengers 
 for hire: Provided, That it shall be lawful to transport on any such 
 vessel or vehicle small arms ammunition in any quantity, and such 
 fuses, torpedoes, rockets, or other signal devices, as may be essential 
 to promote safety in operation, and properly packed and marked 
 samples of explosives for laboratory examination, not exceeding a net 
 weight of one-half pound each, and not exceeding twenty samples at 
 one time in a single vessel or vehicle; but such samples shall not be 
 carried in any part of a vessel or vehicle which is intended for the 
 transportation of passengers for hire: Provided further, That nothing 
 in this section shall be construed to prevent the transportation of 
 military or naval forces with their accompanying munitions of war on 
 passenger equipment vessels or vehicles." 
 
 The punishment for the violation of this section is de- 
 termined in Section 235, wherein Congress provides, that, 
 "Whoever shall knowingly violate or cause to be violated 
 
 any provision of this section .... shall be fined not 
 
 more than two thousand dollars, or imprisoned not more 
 than eighteen months, or both." 
 
 § 258a. Explosives. — Labor leaders who conspired to 
 transport explosives in violation of the above section 
 were convicted and their sentences affirmed in Ryan vs. 
 U. S., 216 Federal, 213. 
 
 Sec. 258 b. Explosives Continued. 
 
 Since the ground of the offense of the foregoing statute 
 for the transportation of the enumerated explosives on 
 vessels or vehicles operated by a common carrier, and 
 carrying passengers have held, it is no excuse that a man 
 so carrying an explosive was an officer of some foreign 
 country, Horn vs. Mitchell, 232 F. 819. 
 
 By amendment of Mar. 4, 1921, many explosives are 
 added to those mentioned in the original sections and
 
 Offenses Against Foeeign & Interstate Commerce. 445 
 
 also adds the authority for regulation by the interstate 
 commerce commission. 
 
 § 259. Interstate Commerce Commission to Make 
 Regulations for Transportation of Explosives. — Old Sec- 
 tions 4279 and 5355 are amplified and added to, and be- 
 come Section 233 in the New Code, authorizing the Inter- 
 state Commerce Commission to formulate regulations, in 
 the following words: 
 
 "Sec. 233. The Interstate Commerce Commission shall formulate 
 regulations for the safe transportation of explosives, which shall be 
 binding upon all common carriers engaged in interstate or foreign 
 commerce which transport explosives by land. Said commission, of 
 its own motion, or upon application made by any interested party, may 
 make changes or modifications in such regulations, made desirable by 
 new information or altered conditions. Such regulations shall be in 
 accord with the best known practicable means for securing safety in 
 transit, covering the packing, marking, loading, handling while in 
 transit, and the precautions necessary to determine whether the ma- 
 terial when offered is in proper condition to transport. Such regula- 
 tions, as well as all changes or modifications thereof, shall take ef- 
 fect ninety days after their formulation and publication by said com- 
 mission and shall be in effect until reversed, set aside, or modified." 
 
 § 260. Liquid Nitroglycerine, Etc., Not to be Carried 
 on Certain Vessels and Vehicles. — The Act of May 30, 
 1908, 35 Statute at Large, 555, becomes Section 234 of the 
 new Code, as follows: 
 
 "Sec. 234. It shall be unlawful to transport, carry, or convey, liquid 
 nitroglycerine, fulminate in bulk or in dry condition, or other like 
 explosives, between a place in a foreign country and a place within 
 or subject to the jurisdiction of the United States, or between a place in 
 one State, Territory, or District of the United States, or place non- 
 contiguous to but subject to the jurisdiction thereof, and a place in 
 any other State, Territory, or District of the United States, or place 
 non-contiguous to but subject to the jurisdiction thereof, on any vessel 
 or vehicle of any description operated by a common carrier in the 
 transportation of passengers or articles of commerce by land or water." 
 
 This section seems to prohibit the transportation by 
 any method, by any common carrier that carries pas- 
 sengers or articles of commerce. It will be noted, how- 
 ever, that this section (234) and Section 233, above quot- 
 ed, and Section 235, hereinaftr set out, seem to have
 
 446 Federal Criminal, Law Procedure. 
 
 been repealed by the schedule in Section 341; and these 
 three sections do not seem to have been in the bill, as 
 reported to Congress by the Committtee on Revision, but 
 because of uncertainty, they are quoted. 
 
 § 261. Marking of Packages of Explosives; Deceptive 
 Marking. — Section 235 of the new Code reads as follows: 
 
 "Sec. 235. Every package containing explosives or other dangerous 
 articles when presented to a common carrier for shipment shall have 
 plainly marked on the outside thereof the contents thereof; and it 
 shall be unlawful for any person to deliver, or cause to be delivered to 
 any common carrier engaged in interstate or foreign commerce by 
 land or water, for interstate or foreign transportation, or to carry 
 upon any vessel or vehicle engaged in interstate or foreign transporta- 
 tion, any explosive, or other dangerous article, under any false or de- 
 ceptive marking, description, invoice, shipping order, or other de- 
 claration, or without informing the agent of such carrier of the true 
 character thereof, at or before the time such delivery or carriage is 
 made. Whoever shall knowingly violate, or cause to be violated, any 
 provision of this section, or of the three sections last preceding, 
 or any regulation made by the Interstate Commerce Commission in 
 pursuance thereof, shall be fined not more than two thousand dollars, 
 or imprisoned not more than eighteen months, or both." 
 
 It will be borne in mind that this section, as well as 234 
 and 233, are probably repealed by Section 341 of the new 
 Code as presented by the Committee on Revision. 
 
 § 262. Death or Bodily Injury Caused by Such Trans- 
 portation. — Section 5354 of the old statutes becomes, with 
 some changes, Section 236 of the new Code, as follows: 
 
 'Sec. 236. When the death or bodily injury of any person is caused 
 by the explosion of any article named in the four sections last pre- 
 ceding, while the same is being placed upon any vessel or vehicle to 
 ue transported in violation thereof, or while the same is being so 
 iransported, or while the same is being removed from such vessel or 
 vehicle, the person knowingly placing, or aiding or permitting the 
 placing, of such articles upon any such vessel or vehicle, to be so 
 transported, shall be imprisoned not more than ten years." 
 
 The imprisonment in the old statute was for any period 
 not less than two years. 
 
 § 263. Importation and Transportation of Lottery 
 Tickets, Etc. — The defects and limitations in the Act of 
 March 2, 1895, 28 Statute at Large, 963, Second Supple-
 
 Offenses Against Foreign & Interstate Commerce. 447 
 
 inent, 435, are remedied by Section 237 of the new Code, 
 which is as follows: 
 
 "Sec. 237. Whoever shall bring or cause to be brought into the 
 United States or any place subject to the jurisdiction thereof, from any 
 foreign country, for the purpose of disposing of the same, any paper, 
 certificate, or instrument purporting to be or to represent a ticket, 
 chance, share, or interest in or dependent upon the event of a lottery, 
 gift enterprise, or similar scheme, offering prizes dependent in whole 
 or in part upon lot or chance, or any advertisement of, or list of the 
 prizes drawn or awarded by means of, any such lottery, gift enterprise, 
 or similar scheme; or shall therein knowingly deposit or cause to be 
 deposited with any express company or other common carrier for car- 
 riage, or shall carry, from one State, Territory, or District of the 
 United States, or place non-contiguous to but subject to the jurisdiction 
 thereof, to any other State, Territory, or District of the United States, 
 or place non-contiguous to but subject to the jurisdiction thereof, or 
 from any place in or subject to the jurisdiction of the United States 
 through a foreign country to any place in or subject to the jurisdiction 
 thereof, or from any place in or subject to the jurisdiction of the 
 United States to a foreign country, any paper, certificate, or instru- 
 ment purporting to be or to represent a ticket, chance, share, or in- 
 terest in or dependent upon, the event of any such lottery, gift en- 
 terprise, or similar scheme, or any advertisement of, or list of the 
 prizes drawn or awarded by means of, any such lottery, gift enterprise, 
 or similar scheme, or shall knowingly take or receive, or cause to be 
 taken or received, any such paper, certificate, instrument, advertise- 
 ment, or list so brought, deposited, or transported, shall, for the first 
 offense, be fined not more than one thousand dollars, or imprisoned not 
 more than two years, or both; and for any subsequent offense shall 
 be imprisoned not more than two years." 
 
 This statute meets the criticisms leveled at the former 
 statute by Circuit Judge Jenkins, in the 95 Federal, 453, 
 Champion vs. Ames, and by Judge McDowell, in 125 Fed- 
 eral, 616, United States vs. Whelpley, wherein each held 
 that the old statute did not prevent or punish the sending 
 of lottery tickets from a State to a Territory, etc., or 
 from a Territory to a State; the language being "from 
 one State to another. " This new statute covers the entire 
 ground, and protects Territories*, Provisional Govern- 
 ments, foreign countries, States, and non-contiguous ter- 
 ritory subject to the jurisdiction of the United States. This 
 limitation has been held to be Constitutional, in France 
 vs. United States, 164 U. S., 676; Champion vs. Ames,
 
 448 Federal Criminal Law Procedure. 
 
 188 U. 8., 321; and Francis vs. United States, 188 U. S., 
 375. 
 
 In France vs. United States, 164 U. S., 676, 41 Law Ed., 
 595, the Supreme Court held that a paper that contains 
 nothing but figures which relate to a drawing already 
 completed, is not a paper certificate or instrument pur- 
 porting to be, or representing, a ticket, chance, share, or 
 interest, in a lottery, which the Act of Congress of 1895, 
 Chapter 191, makes it unlawful to bring into the United 
 States, or deposit in the mails, or carry from one State to 
 another. Such statute refers only to a paper, which de- 
 pends upon a lottery, the drawing of which has not yet 
 taken place. 
 
 In Champion vs. Ames, 188 U. S., 321, 47 Law Ed., 496, 
 the Supreme Court held that the carriage of lottery tick- 
 ets from one State to another, by an express company, 
 engaged in carrying freight and packages from State to 
 State, is interstate commerce, which Congress, under its 
 power to regulate, may prohibit by making it an offense 
 against the United States to cause such tickets to be so 
 carried. 
 
 In Francis vs. United States, 188 U. S., 375, 47 Law 
 Ed., 510, the Supreme Court held that policy slips, writ- 
 ten by a customer to indicate his choice of numbers, and 
 delivered by him to an agent of the policy game, to be 
 forwarded by him to headquarters in another State, are 
 not within this Act. Gathering the facts from the opin- 
 ion, they show, in substance, that the policy game, the 
 lottery in question, had its headquarters in Ohio, and 
 agencies in different States. A person wishing to take a 
 chance went to one of these agencies (in this case, in Ken- 
 tucky), selected three or more numbers, wrote them on a 
 slip, and handed the slip to the agent (in this case, to 
 the defendant HofT) paying the price of the chance at 
 the same time, and keeping a duplicate, which was the 
 purchaser's voucher for his selection. The slip was then 
 taken by the defendant Edgar, to be carried to the prin- 
 cipal office, which was, it will be remembered, in Ohio; 
 where afterwards, in the regular course, there was a 
 drawing by the defendant Francis. Thus, the carriage
 
 Offenses Against Foreign & Interstate Commerce. 449 
 
 from Kentucky to Ohio, or from one State to another, 
 relied upon as the object of the conspiracy, and as the 
 overt act in pursuance of the conspiracy, was the carriage 
 by Edgar of slips delivered to Hoff by the person wishing 
 to take a chance, as above described. It will thus be 
 noticed that the slips were at home, as between the pur- 
 chaser and the lottery, when put into Hoff's hands in 
 Kentucky. They had reached their final destination in 
 point of law, and their later movements were internal 
 circulation within the sphere of the lottery company's 
 possession; and the Supreme Court said: 
 
 "Therefore, the question is suggested whether the carriage of a 
 paper of any sort by its owner, or the owner's servant, properly so- 
 called, with no view of a later change of possession, can be commerce, 
 even when the carriage is in the aid of some business or traffic. The 
 case is different from one where, the carriage being done by an in- 
 dependent carrier, it is commerce merely by reason of the business of 
 carriage." 
 
 This question, however, the Supreme Court did not see 
 fit to answer, for the case went off upon another ground, 
 to wit, upon the ground that the papers did not represent 
 a ticket or interest in a lottery 
 
 "We assume, for purposes of decision, that the papers kept by the 
 purchasers were tickets, or did represent an interest in a lottery; but 
 these papers did not leave Kentucky." 
 
 § 264. Interstate Shipment of Intoxicating Liquors; 
 Delivery to be Made Only to Bona Fide Consignee.- 
 Brand new legislation is Section 238 of the new Code, 
 which reads as follows: 
 
 "Sec. 238. Any officer, agent, or employee of any railroad com- 
 pany, express company, or other common carrier, who shall knowingly 
 deliver or cause to be delivered to any person other than the person 
 to whom it has been consigned, unless upon the written order in each 
 instance of the bona fide consignee, or to any fictitious person, or to 
 any person under a fictitious name, any spirituous, vinous, malted, fer- 
 mented, or other intoxicating liquor of any kind which has been 
 shipped from one State, Territory, or District of the United States, or 
 place noncontiguous to but subject to the jurisdiction thereof, into any 
 other State, Territory, or District of the United States, or place non-con- 
 tiguous to but subject to the jurisdiction thereof, or from any foreign 
 29
 
 450 Federal Criminal Law Procedure. 
 
 country into any State, Territory, or District of the United States, or 
 place non-contiguous to but subject to the jurisdiction thereof, shall 
 be fined not more than five thousand dollars, or imprisoned not more 
 than two years, or both." 
 
 This section, it will be noticed, contains three divisions: 
 first, the liquor must be delivered to the one to whom con- 
 signed; second, the liquor must not be delivered to any 
 fictitious person; third, the liquor must not be delivered 
 to any person under a fictitious name. Of course, if the 
 liquor be consigned to a bona fide consignee, such con- 
 signee may give a written order to another person to re- 
 ceive the liquor. 
 
 Sec. 264 a. Interstate Shipment of Intoxicating Liq- 
 uor, Continued. 
 
 The Court of Appeals for the 7th circuit in Hanini vs. 
 Chicago Railway Co. 243 F. 143, held that the Webb- 
 Kenyon act of Mar. 1, 1913, which prohibits the trans- 
 position of intoxicating liquor from one state into an- 
 other, which is intended to be received, possessed, sold, 
 or used in violation of any law of such state, does not 
 simply forbid the introduction of liquor into a state for 
 a prohibited use, but takes the protection of interstate 
 commerce away from all receipt and possession of liquor 
 prohibited by state law. 
 
 The Reed Amendment, Mar. 3, 1917, Compiled Stat- 
 utes, Sec. 8739 a provides, "whoever shall order, pur- 
 chase, or cause intoxicating liquors to be transported in 
 interstate commerce, except for scientific, sacramental, 
 medicinal and mechanical purposes, into any state or ter- 
 ritory the laws of which state or territory prohibit the 
 manufacture or sale therein of intoxicating liquors for 
 beverage purposes shall be punished, as aforesaid; Pro- 
 vided, that nothing herein, shall authorize the shipment 
 of liquor into any state contrary to the laws of such 
 state." 
 
 The punishment for the violation of the section is a 
 fine of not more than a thousand dollars or imprisonment 
 not more than six months or both; and for any subse- 
 quent offense shall be imprisoned not more than one year, 
 Sec, 9915, 1919, Barnes Code,
 
 Offenses Against Foreign & Interstate Commerce. 451 
 
 An act was passed August 1890, providing thai intoxi- 
 cating liquors transported into a state shall be subject 
 to the state laws; by Act of Mar. 1, 1913, congress de- 
 clared a prohibition, without penalty, to the shipment of 
 intoxicating liquor into a state in violation of its law; 
 and on October 3, 1917, the transportaton of distilled 
 spirits, with certain exceptions, was forbidden. These 
 acts are shown at Sec. 8350, 8351 and 8353 of Barnes 1919 
 Fed. Code. 
 
 § 265. Common Carrier, Etc., Not to Collect Purchase 
 Price of Interstate Shipment of Intoxicating Liquors. — 
 All railroads and express companies, common carriers, or 
 other persons engaged in interstate commerce, cannot, 
 in any way, aid in the transaction of the so-called C. 0. D. 
 liquor business, since the passage of Section 239 of the 
 new Code, which is new legislation, in the following 
 words : 
 
 "Sec. 239. Any railroad company, express company, or other com- 
 mon carrier, or any other person who, in connection with the trans- 
 portation of any spirituous, vinous, malted, fermented, or other in- 
 toxicating liquor of any kind, from one State, Territory, or District 
 of the United States, or place non-contiguous to but subject to the 
 jurisdiction thereof, into any other State, Territory, or District of the 
 United States, or place non-contiguous to but subject to the jurisdic- 
 tion thereof, or from any foreign country into any State, Territory, or 
 District of the United States, or' place non-contiguous to but subject 
 to the jurisdiction thereof, shall collect the purchase price or any part 
 thereof, before, on, or after delivery, from the consignee, or from any 
 other person, or shall in any manner act as the agent of the buyer or 
 seller of any such liquor, for the purpose of buying or selling or com- 
 pleting the sale thereof, saving only in the actual transportation and 
 delivery of the same, shall be fined not more than five thousand dol- 
 lars." 
 
 It will be noted that no part of the purchase price shall 
 be collected by the carrier from the consignee before de- 
 livery, at the time of delivery, or after delivery; nor can 
 such collection be made from any other person. It will 
 also be noted that the carrier cannot, in any manner, act 
 as the agent of the buyer or seller of any such liquor, 
 for the purpose of buying or selling, or completing the
 
 452 Federal Criminal Law. Procedure. 
 
 sale. In other words, the carrier must engage only in 
 the transportation and delivery of the same. 
 
 § 265a. Decisions. — This statute creates a new crime 
 and prescribes a punishment for an act and series of acts 
 that were not theretofore inhibited by any law. Com- 
 plaints were made that shipments of liquor would be 
 made from one State to another, in which the sale of 
 liquor was prohibited, and that the bill of lading would 
 be attached to a draft, and forwarded through banks for 
 collection, the consignee to secure the bill of lading upon 
 payment of the draft. The scope of the statute and the 
 desire to remedy the evil occasioned a diversity of opinion 
 among the Courts. The case of Danciger vs. Stone, de- 
 cided by Judge Campbell in 188 Federal, 511, held that 
 under the foregoing state of facts the bank situated in 
 the dry territory was not liable to prosecution under this 
 Statute, while Judge Amidon held in U. S. vs. First Na- 
 tional Bank of Anamoose, 190 Federal, 336, that under 
 a state of facts which is substantially mentioned, the 
 collecting bank would be liable to prosecution and would 
 be guilty of a violation of the statute. Judge Amidou re- 
 views in his opinion the anti-liquor agitation and the evil 
 that the law was intended to remedy. After these two 
 nisi prius decisions the Circuit Court of Appeals for the 
 Eighth Circuit, speaking through Judge Sanborn in First 
 National Bank of Anamoose vs. U. S., 206 Federal, 374, 
 in reversing Judge Amidon 's decision, held that a collec- 
 tion by a bank of a sight draft for the purchase price of 
 liquor transported in interstate commerce and the de- 
 livery to the consignee of a bill of lading attached to 
 the draft, the possession of which bill was necessary to 
 enable the consignee to obtain a delivery of the liquor, 
 does not subject the bank to find under Section 239, and 
 thus the old criminal doctrine that a case must be a strong 
 one indeed which would justify a Court in departing 
 from the plain meaning of words in search of an intention 
 which the words themselves do not suggest was again 
 christened. 
 
 Sec. 2.65 b. Common Carrier, etc., Not to Collect Pur- 
 chase Price, etc., Continued.
 
 Offenses Against Foreign & Interstate Commerce. 453 
 
 Danciger vs. Cooley, U. S. Sup. Ct. Jan. 7, 1919; the 
 words "any other person" are also construed in the 
 above case to mean "any one." 
 
 All laws are in effect prohibiting- the introduction of 
 liquor into the Indian Territory, viz., the Act of 189.1, 
 1917 and 1918, U. S. vs. Luther/ 260 F. 579. 
 
 § 266. Packages Containing Intoxicating Liquors 
 Shipped in Interstate Commerce to be Marked as Such. — 
 Other new legislation upon the subject of interstate car- 
 riage of intoxicating liquors is Section 240, which reads 
 as follows: 
 
 "Sec. 240. Whoever shall knowingly ship or cause to be shipped, 
 from one State, Territory, or District of the United States, or place 
 non-contiguous to but subject to the jurisdiction thereof, into any 
 other State, Territory, or District of the United States, or place non- 
 contiguous to but subject to the jurisdiction thereof, or from any 
 foreign country into any State, Territory, or District of the United 
 States, or place non-contiguous to but subject to the jurisdiction there- 
 of, any package of or package containing any spirituous, vinous, malted, 
 fermented, or other intoxicating liquor of any kind, unless such 
 package be so labeled on the outside cover as to plainly show the name 
 of the consignee, the nature of its contents, and the quantity contained 
 therein, shall be fined not more than five thousand dollars; and such 
 liquor shall be forfeited to the United States, and may be seized and 
 condemned by like proceedings as those provided by law for the 
 seizure and forfeiture of property imported into the United States 
 contrary to law." 
 
 While Sections 238 and 239 fix penalties for certain 
 transgressions by the carrier, Section 240 creates a new 
 offense for the shipper and does not relate, in any sense, 
 to the carrier. Under other internal revenue decisions, 
 the marking and branding of this Section will be con- 
 strued to mean upon the outside of the package, so as to 
 be plainly seen at all times. Such mark or label must 
 show the name of the consignee, the nature of the con- 
 tents of the package, and the quantity of the contents. 
 
 Sec. 266 a. Packages Continued — Intoxicating Liq- 
 uors Shipped in Interstate Commerce, How Marked; 
 Continued. 
 
 The foregoing statute does not apply to the carriage 
 by automobile, One vs. U. S., 274 F. 99/
 
 454 Federal Criminal Law Procedure. 
 
 Section 240 does not give the state the right to provide 
 such labelling, Chicago vs. Giles, 235 F. 804. 
 
 A shipment of a car load of liquor which is made up 
 of a great number of individual orders would have to 
 be broken up and delivered up to each consignee, Great 
 Northern vs. Rainier, 255 F. 762. 
 
 The venue for prosecutions under this act is held where 
 originated or where destined, U. S. vs. Freeman, U. S. 
 Sup. Ct. Oct. 1915. 
 
 The marks must not be covered with advertisements, 
 etc., U. S. vs. Company, 242 F. 536. 
 
 § 267. Importation of Certain Wild Animals, Birds, 
 and Reptiles Forbidden.— The Act of May 25, 1900, 31 
 Statute at Large, 188, Second Supplement, 1174, becomes 
 Section 241 of the new Code, as follows: 
 
 "Sec. 241. The importation into the United States, or any Territory, 
 or District thereof, of the mongoose, the so-called "flying foxes" or fruit 
 bats, the English sparrow, the starling, and such other birds and 
 animals, as the Secretary of Agriculture may from time to time de- 
 clare to be injurious to the interests of agriculture or horticulture, is 
 hereby prohibited; and all such birds or animals shall, upon arrival at 
 any port of the United States, be destroyed or returned at the expense 
 of the owner. No person shall import into the United States or into 
 any Territory or District thereof, any foreign wild animal or bird, 
 except under special permit from the Secretary of Agriculture: Pro- 
 vided, that nothing in this section shall restrict the importation of 
 natural history speciments for museums or scientific collections, or of 
 certain cage birds, such as domesticated canaries, parrots, or such 
 other birds as the Secretary of Agriculture may designate The Secre- 
 tary of the Treasury is hereby authorized to make regulations for 
 carrying into effect the provisions of this section." 
 
 § 267a. Migratory Game Birds. — Deemed under pro- 
 tection of the United States — closed seasons, etc. — "All 
 wild geese, wild swans, brant, wild ducks, snipe, plover, 
 woodcock, rail, wild pigeons, and all other migratory 
 game and insectivorous birds which in their northern 
 and southern migrations pass through or do not remain 
 permanently the entire year within the borders of any 
 state or territory, shall hereafter be deemed to be within 
 the custody and protection of the Government of the 
 United States, and shall not be destroyed or taken con- 
 trary to regulations hereinafter provided therefor.
 
 Offenses Against Foreign & Interstate Commerce. 455 
 
 "The Department of Agriculture is hereby authorized 
 and directed to adopt suitable regulations to give effect 
 to the previous paragraph by prescribing and fixing 
 closed seasons, having due regard to the zones of tem- 
 perature, breeding habits, and times and line of migra- 
 tory flight, thereby enabling the department to select 
 and designate suitable districts for different portions of 
 the country, and it shall be unlawful to shoot or by any 
 device kill or seize and capture migratory birds within 
 the protection of this law during said closed seasons, 
 and any person who shall violate any of the provisions 
 or regulations of this law for the protection of migratory 
 birds shall be guilty of a misdemeanor and shall be fined 
 not more than $100 or imprisoned not more than 90 days, 
 or both, in the discretion of the Court. 
 
 "The Department of Agriculture, after the prepara- 
 tion of said regulations, shall cause the same to be made 
 public, and shall allow a period of three months in which 
 said regulations may be examined and considered before 
 final adoption, permitting, when deemed proper, public 
 hearings thereon, and after final adoption shall cause 
 the same to be engrossed and submitted to the President 
 of the United States for approval; Provided, however, 
 That nothing herein contained shall be deemed to affect 
 or interfere with the local laws of the states and terri- 
 tories for the protection of non-migratory game or other 
 birds resident and breeding within their borders, nor to 
 prevent the States and Territories from enacting laws 
 and regulations to promote and render efficient the regu- 
 lations of the Department of Agriculture provided under 
 this statute." This Act was passed on March 4, 1913, 37 
 Stats. L., 847. 
 
 Judge Trieber in United States vs. Schauver, 214 Fed- 
 eral, 154, held the Act to be unconstitutional. He holds 
 that migratory birds are not, when on their usual mi- 
 gration, the property of the United States within sub- 
 section 2 of Section 3 of Article 4 of the Federal Constitu- 
 tion which empowers Congress to adopt rules respecting 
 the territory or other property of the United States, but 
 they are the property of the States in their sovereign ca-
 
 456 Federal Criminal Law Procedure. 
 
 parity, as the representatives and for the benefit of all 
 their people in common, and the Act protecting these 
 birds cannot be sustained as an exercise by Congress of 
 the right to adopt regulations for its property. 
 
 Sec. 267 b. Migratory Birds Continued. 
 
 The 1916 bird treaty, etc., is constitutional, U. S. vs. 
 Selkirk, 258 F. 775; also see same report at page 479; 
 also State vs. Holland, U. S. Sup. Ct. Apr. 1920, which 
 case gives a remedy for a state to test the federal act. 
 
 The act of July 3, 1918, is not retroactive, U. S.. vs. 
 Fuld Store Co., 262 F. 836. 
 
 The treat}^ of 1916, was again held constitutional in 
 U. S. vs. Rockefeller, 260 F. 346. 
 
 § 268. Transportation of Prohibited Animals. — Tak- 
 en from the same Act, will be found the substance of 
 Section 242 of the new Code, which is in the following 
 words : 
 
 "Sec. 242. It shall be unlawful for any person to deliver to any 
 common carrier for transportation, or for any common carrier to 
 transport from any State, Territory, or District of the United States 
 to any other State, Territory, or District thereof, any foreign animals 
 or birds, the importation of which is prohibited, or the dead bodies or 
 parts thereof of any wild animals or birds, where such animals or 
 birds have been killed or shipped in violation of the laws of the State, 
 Territory, or District in which the same were killed, or from which 
 they were shipped: Provided, That nothing herein shall prevent the 
 transportation of any dead birds or animals killed during the season 
 when the same may be lawfully captured, and the export of which is 
 not prohibited by law in the State, Territory, or District in which the 
 same are captured or killed: Provided further, That nothing herein 
 shall prevent the importation, transportation, or sale of birds or birds' 
 plumage manufactured from the feathers of barnyard fowls." 
 
 The section, as it now exists, meets the objections, and 
 remedies the defects, noted in United States vs. Thomp- 
 son, 147 Federal, 637, wherein District Judge Amidon 
 discovered and held that the references to Section 1 of 
 the original Act was a clerical error, such section having 
 no relation to the subject matter, because Section 3 was 
 manifestly intended. Forms for indictment under the 
 section as it now exists will be found after noticing the 
 criticisms of the Courts thereon, at page 637 of the 147
 
 Offenses Against Foreign & Interstate Commerce. 451 
 
 Federal, U. S. vs. Thompson, and page 428 of the' 115 
 Federal, United States vs. Smith. In the last ease, the 
 Court held that it was essential, to constitute the offense 
 under the provisions of the section, that the prohibited 
 game should either have been shipped, or delivered to 
 the carrier for shipment, and an indictment which 
 charged the defendant with intent to ship it by interstate 
 commerce, or having concealed the same in unmarked 
 packages for the purpose of such shipment, in evasion or 
 violation of the Act, without alleging delivery to a car- 
 rier, was insufficient. 
 
 § 268a. Constitutionality of Statute. — This statute 
 has been held constitutional by the Circuit Court of Ap- 
 peals for the Eighth Circuit in Rupert vs. U. S., 181 Fed- 
 eral, 88, and in the same case it was determined that an 
 indictment which averred that quail which were killed in 
 the open season and which were delivered to a carrier for 
 transportation from Oklahoma into another State "with 
 intent and for the purpose of being shipped and trans- 
 ported out of Oklahoma" need not allege the months 
 in which the quail were killed. The Congress of the 
 United States has the constitutional right to prevent the 
 shipment in interstate commerce of game when such 
 shipments would be in violation of the laws of the state 
 in which such game was killed. Rupert vs. U. S., 181 
 Federal, 87. Quail or game belong to the State or rather 
 the people collectively thereof and are subject to the 
 local laws as to killing, and the times therefor, and the 
 shipment. Geer vs. Ct., 161 U. S., 519; Lawton vs. Steele, 
 152 U. S., 133; Rupert vs. U. S., 181 Federal, 87; U. S. 
 vs. Shauver, 214 Federal, 154. Act of March 4, 1913. as 
 to migratory birds held unconstitutional, U. S. vs. Mc- 
 Cullagh, 221 Federal, 288. 
 
 § 269. Marking of Packages. — Section 243 of the new 
 Code was taken from the same Act of May 25, 1900, and 
 is as follows: 
 
 "Sec. 243. All packages containing the dead bodies, or the plumage, 
 or parts thereof, of game animals, or game or other wild birds, when 
 shipped in interstate or foreign commerce, shall be plainly and clearly 
 marked, so that the name and address of the shipper, and the nature
 
 458 Federal Criminal Law Procedure. 
 
 of the contents may be readily ascertained on an inspection of the 
 outside of such package." 
 
 § 270. Penalty for Violation of Preceding Sections.- 
 
 Section 244 of the new Code reads as follows: 
 
 "Sec. 244. For each evasion or violation of any provision of the 
 three sections last preceding, the shipper shall be fined not more than 
 two hundred dollars; the consignee knowingly receiving such articles 
 so shipped and transported in violation of said sections shall be fined 
 not more than two hundred dollars; and the carrier knowingly car- 
 rying or transporting the same in violation of said sections shall ba 
 fined not more than two hundred dollars." 
 
 § 271. Depositing Obscene Books, Etc., with Common 
 Carrier. — Section 245 of the new Code is in the follow- 
 ing words: 
 
 "Sec. 245. Whoever shall bring or cause to be brought into the 
 United States or any place subject to the jurisdiction thereof, from 
 any foreign country, or shall therein knowingly deposit or cause to be 
 deposited with any express company or other common carrier, for 
 carriage from one State, Territory, or District of the United States, 
 or place non-contiguous to but subject to the jurisdiction thereof, to 
 any other State, Territory, or District of the United States, or place 
 non-contiguous to but subject to the jurisdiction thereof, or' from any 
 place in or subject to the jurisdiction of the United States through a 
 foreign country to any place in or subject to the jurisdiction thereof. 
 or from any place in or subject to the jurisdiction of the United States 
 to a foreign country, any obscene, lewd, or lascivious, or any filthy book, 
 pamphlet, picture, paper, letter, writing, print, or other matter of in- 
 decent character, or any drug, medicine, article, or thing designed, 
 adapted, or intended for preventing conception, or producing abortion, 
 •or for any indecent or immoral use, or any written or printed card, 
 letter, circular, book, pamphlet, advertisement, or notice of how, or of 
 whom, or by what means, any of the hereinbefore mentioned articles, 
 matters, or things may be obtained or made; or whoever shall know- 
 ingly take or cause to be taken from such express company or othor 
 common carrier any matter or thing the depositing of which for car- 
 riage is herein made unlawful, shall be fined not more than five thous- 
 and dollars, or imprisoned not more than five years, or both." 
 
 This section, it will be noticed, relates not to the use of 
 the Post-office establishment in the transmission of things 
 therein denounced, but to the use of a person or common 
 carrier, or express company.
 
 Offenses Against Foreign & Interstate Commerce. 459 
 
 The meat of the statute is substantially the same as 
 Section 211 of the new Code, which relates to obscene 
 matter, etc., as being non-mailable, and which is de- 
 nounced in Section 211 of the new Code, heretofore 
 treated. 
 
 § 271a. The Statute is Constitutional. — The power of 
 Congress to regulate the transportation or sending of mat- 
 ter or things or persons from one State to another, wheth- 
 er by a Federal utility or otherwise, is bevond dispute. 
 Lottery Cases 188 U. S., 321; Hoke vs. U. S., 227 U. S., 
 308; Reid vs. Colorado, 187 U. S., 137; The Daniel Ball, 
 10 Wall., 557; Coe vs. Errol, 116 U. S., 517. 
 
 A demurrer to an indictment under the foregoing sec- 
 tion challenging the constitutionality of the statute was 
 overruled in Clark vs. U. S., 211 Federal, 916. In the 
 Clark case it was also determined that when the indict- 
 ment did not limit the charge to particular passages or 
 parts of a book, the defendants were entitled to have the 
 whole book introduced in evidence and considered by 
 the jury under proper instructions from the Court. 
 
 § 271b. Anti-Pass Law.— The Act of June 29, 1906, 
 contains the following provision: 
 
 "No common carrier, subject to the provisions of this Act, shall 
 after January 1, 1907, directly or indirectly, issue or give any inter- 
 state free ticket, free pass, or free transportation for passengers, ex- 
 cept to its employees and their families, its officers, agents, surgeons, 
 physicians, and attorneys-at-law; to minister of religion, traveling secre- 
 taries of railroad, Young Men's Christian Association, inmates of 
 hospitals and charitable and eleemosynary institutions, and persons 
 exclusively engaged in charitable and eleemosynary work; to in- 
 digent, destitute and homeless persons, and to such persons when trans- 
 ferred by charitable societies or hospitals, and the necessary agents 
 employed in such transfer; to inmates of the National homes or State 
 homes for disabled volunteer soldiers, and of soldiers and sailors 
 homes, including those about to enter and those returning home after 
 discharge, and boards of managers of such homes; to necessary care- 
 takers of live stock, poultry and fruit; to employees on sleeping cars, 
 express cars, and to linemen of telegraphic and telephone companies; 
 to railway mail service employees, post-office inspectors, customs in- 
 spectors and immigrant inspectors; to newsboys on trains, baggage 
 agents, witnesses attending any legal investigation in which the com- 
 mon carrier is interested, persons injured in wrecks, and physicians 
 and nurses attending such persons; Provided, that this provision shall 
 not be construed to prohibit the interchange of passes for the officers,
 
 460 Federal Criminal Law Procedure. 
 
 agents and employees of common carriers and their families; nor to 
 prohibit any common carrier from carrying passengers free with the 
 object of providing relief in cases of general epidemic, pestilence or 
 other calamitous visitation: Provided, further, that the term employees 
 as used in this paragraph shall include furloughed, pensioned and su- 
 perannuated employees, persons who have become disabled or infirm 
 in the service of any such common carrier, and the remains of a per- 
 son killed in the employment of a carrier, and ex-employees traveling 
 for the purpose of entering the service of any such common carrier; 
 and the term families as used in this paragraph shall include the 
 families of those persons named in this proviso, also the families of 
 persons killed while in the service of any such common carrier. Any 
 common carrier violating this provision shall be deemed guilty of a 
 misdemeanor, and for such offense, on conviction, snail pay to the 
 United States a penalty of not less than $100 nor more than $2,000, 
 and any person other than the persons excepted in this provision, who 
 uses any such interstate free ticket, free pass, or free transportation, 
 shall be subject to a like penalty." 
 
 35th Statute at Large, 60 page 256, 1909, Supplement 
 Federal Statutes, Annotated. 
 
 Manifestly, the provision applies to only such common 
 carriers as are included in the said Act. 
 
 It is not thought that the Section would justify the 
 prosecution of one who stole tickets or passes or other 
 transportation from a common carrier, and used the same, 
 for the reason that the word Such, in the latter portion of 
 the Act, evidently refers to the free ticket, free pass, or 
 free transportation issued or given directly or indirectly 
 bv a common carrier. 
 
 The Act does apply to one, who, having in his posses- 
 sion an interstate free ticket or pass issued by a railroad 
 company, sells it to another, knowing that he is not the 
 person named therein and is not entitled to ride thereon, 
 with the intent that he shall use it. U. S. vs. Martin, 176 
 Federal, 110. 
 
 § 271c. Theft of Goods in Interstate Commerce. — The 
 Act of February 13, 1913, Chapter 50, 37th Statute at 
 Large, 670, page 203, 1914, Federal Statutes, Annotated, 
 provides as follows: 
 
 "That whoever shall unlawfully break the seal of any railroad car 
 containing interstate or foreign shipments of freight or express, or shall 
 enter in such car, with intent, in either case, to commit larceny there-
 
 Offenses Against Foreign & Interstate Commerce. 461 
 
 in; or whoever shall steal or unlawfully take, carry away or conceal, 
 or by fraud or deception obtain from any railroad tar, station house, 
 platform, depot, steam boat, vessel or wharf, with intent to convert 
 to his own use, any goods or chattels, moving as, or which are a 
 part of, or which constitute an interstate or foreign shipment 
 of freight or express, or shall buy or receive or have in his possession 
 any such goods or chattels, knowing the same to have been stolen; or 
 whoever shall steal or shall unlawfully take, carry away, or by fraud 
 or deception obtain, with intent to convert to his own use, any bag- 
 gage which shall have come into the possession of any common car- 
 rier for transportation from one State or Territory, or the District of 
 Columbia, to another State or Territory, or the District of Columbia, or 
 to a foreign country, or from a foreign country to any State or Ter- 
 ritory, or the District of Columbia, or shall break into, steal, take, 
 carry away, or conceal any of the contents of such baggage, or shall 
 buy, receive, or have in his possession any such baggage, or any ar- 
 ticle therefrom of whatsoever nature, knowing the same to have been 
 stolen, shall in each case be fined not more than $5,000, or imprisoned 
 not more than ten years, or both, and prosecutions therefor may be 
 instituted in any District wherein the crime shall have been com- 
 mitted. The carrying or transporting of any such freight, express, bag- 
 gage, goods or chattels from one State or Territory, or the District of 
 Columbia, into another State or Territory, or the District of Columbia, 
 knowing the same to have been stolen, shall constitute a separate or- 
 fense, and subject the offender to the penalties above described for 
 unlawful taking, and the prosecutions therefor may be instituted in 
 any District into which said freight, express, baggage, goods or chat- 
 tels shall have been removed, or into which they shall have been 
 brought by such offender." 
 
 The next section provides that nothing contained in 
 the above section shall impair the jurisdiction of the 
 Courts of the several States, and also provides that a 
 judgment of conviction or acquittal in a State Court shall 
 be a bar to prosecution therefor in the United States 
 Courts. This Statute marks an outer limit of the juris- 
 diction of the Federal Government over interstate com- 
 merce, and the Courts, in enforcing the same, should ap- 
 ply all of the rigid rules of strict construction that have 
 been formulated in criminal cases. As a matter of fact, 
 thefts committed from interstate shipments are, as a 
 rule, small offenses, which should be cognizable solely 
 in the State Courts. There can, however, be no question 
 as to the constitutionality of this section, and while it is
 
 462 Federal Criminal Law Procedure. 
 
 a useful statute, in many ways it is also a far-reach of 
 the Federal Government. 
 
 Sec. 271 c. c. Theft of Goods in Inter-State Commerce 
 Continued. 
 
 "Station house" means a railway house and not a 
 transfer station house, Beckerman vs. U. S., 267 F. 185. 
 
 For forging a bill of lading see the Act of Aug. 29, 
 1916, Jackson vs. U. S., 266 F. 770. 
 
 Allegation of ownership immaterial, Fleck vs. U. S., 
 265 F. 617. 
 
 The following are cases under the foregoing statute; 
 IT. S. vs. Kambertz, 236 F. 378, holding prosecution may 
 be had in three different manners, United States has right 
 as bailee, U. S. vs. U. S., 262 F. 459; receiving stolen 
 property, U. S. vs. Le Fanti, 255 F. 210. The allegation 
 of ownership may be laid in the United States, under the 
 railway control statute of Mar. 21, 1918, U. S. vs. Kam- 
 bertz, 256 F. 247. One buys at his own peril if he knows 
 the goods are stolen, Grandi vs. U. S., 262 F. 123. 
 
 An indictment for receiving stolen property must al- 
 lege the intent "to convert to one's own use or gain," 
 Cohn vs. U. S., 258 F. 353. 
 
 From one point in a state to another point in the same 
 state is .a violation, if the goods go out of the state en- 
 route, U. S. vs. Maynohan, 258 F. 529. 
 
 Receiving stolen goods, U. S. vs. Sullivan, 250 F. 623. 
 
 The statute applies even to carrier's own property 
 when in transit, Freidman vs. U. S., 233 F. 429. 
 
 As to allegation of ownership, receiving, etc., see Kasle 
 vs. U. S., 233 F. 878. The legislation is constitutional, 
 Morris vs. U. S., 229 F. 516; Block vs. U. S., 261 F. 321; 
 Pounds vs. U. S., 265 F. 242. 
 
 Knowledge of theft from interstate shipment is not es- 
 sential in receiving prosecution, Freedman vs. U. S., 274 
 F. 603; the larceny must be from the places stated in 
 the statute, 274 F. 596. 
 
 Goods shipped between points in the same state but 
 passing through another state are moving in interstate 
 
 Sec. 217. c. c. c. Theft of Automobile and Inter- 
 commerce, U. S. vs. Yohn, 275 F. 232.
 
 Offenses Against Fokeign & Interstate Commerce. 463 
 
 By the Act of Oct. 29, 1919, the theft and transportation 
 in interstate commerce of an automobile was made an 
 offense punishable by fine not to exceed five thousand 
 dollars and imprisonment not to exceed five years. 
 
 The statute reads "that whoever shall transport or 
 cause to be transported in interstate or foreign commerce 
 a motor vehicle, knowing the same to have been stolen, 
 shall be punished as aforesaid." 
 
 "Whoever shall receive, conceal, store, barter, sell, or 
 dispose of any motor vehicle, moving as, or which is 
 a part of, or which constitutes interstate or foreign com- 
 merce, knowing the same to have been stolen, shall be 
 punished by fine of not more than five thousand dollars 
 or by imprisonment of not more than five years, or both, 
 this violation may be punished in any district in or 
 through which such vehicle was transported or removed 
 by such offender. 
 
 Act Oct. 29, 1919; Sec. 9945 a, 1921 Supplement Barnes 
 Fed. Code. 
 
 § 271d. Cotton Future Contracts. — The Act of Au- 
 gust 18, 1914, provides that it shall be known as the Unit- 
 ed States Cotton Futures Act. In the second Section there- 
 of it defines contract of sale and the meaning of the word 
 person, and in the third section thereof levies a tax of 
 2 cents per pound of the cotton involved in any contract 
 for future delivery, made at, on, or in any exchange, 
 board of trade, or similar institution or place of business. 
 
 Section 4 provides a form for such contracts. 
 
 Section 5 specifies contracts that are exempt from the 
 tax. 
 
 Section 6 gives a basis for determining cotton values, 
 and, 
 
 Section 7 provides that for the purposes of the Act the 
 only markets which shall be considered bona fide spot 
 markets shall be those which the Secretary of Agricul- 
 ture shall, from time to time, after investigation, deter- 
 mine and designate to be such, and of which she shall 
 give public notice. 
 
 Section 8 tells what markets the Secretary may con- 
 sider. 
 
 Section 9 establishes certain standards of cotton.
 
 464 Federal Criminal Law Procedure. 
 
 Section 10 sets forth certain contracts that are exempt. 
 
 Section 11 fixes an excise tax of 2 cents per pound of 
 the cotton ordered bought or sold for future delivery. 
 
 Section 12 provides for the payment of tax by the use 
 of stamps. 
 
 Section 13 declares all contracts made in violation of 
 the Act shall be unenforceable. 
 
 Section 14 empowers the Secretary of the Treasury to 
 make rules and regulations to collect the taxes and carry 
 the Act into effect, and, 
 
 Section 15 provides as follows: "That any person 
 liable to the payment of any tax imposed by this Act who 
 fails to pay, or evades, or attempts to evade the payment 
 of such tax, and any person who otherwise violates any 
 provision of this Act, or any rule or regulation made in 
 pursuance hereof, shall be deemed guilty of a misdemean- 
 or, and upon conviction thereof shall be fined not less 
 than $100, nor more than $20,000, in the discretion of 
 the Court; and in case of natural persons, may, in addi- 
 tion, be punished by imprisonment for not less than 60 
 days nor more than 3 years, in the discretion of the 
 Court." 
 
 Section 16 rewards informants and makes it the duty 
 of District Attorneys to prosecute. 
 
 Section 17 provides for immunity. 
 
 § 271e. Opium, or Cocoa Leaves, Their Salts, De- 
 rivatives or Preparations.— The production, importation, 
 manufacture, compounding, sale, dispensing, or giving 
 away of opium, or cocoa leaves, their salts, derivatives 
 or preparations, was regulated and prohibited in the man- 
 ned indicated by the following statute, which was the 
 Act of December 17, 1914: 
 
 "That on and after the first day of March, nineteen hundred and 
 fifteen, every person who produces, imports, manufactures, compounds, 
 deals in, dispenses, sells, distributes, or gives away opium or cocoa 
 leaves or any compound, manufacture, salt, derivative, or preparation 
 thereof, shall register with the collector of internal revenue of the 
 district his name or style, place of business, and place or places where 
 such business is to be carried on: Provided, that the office, or if none, 
 then the residence of any person shall be considered for the purpose 
 of this Act to be his place of business. At the time of such registry 
 and on or before the first day of July, annually thereafter, every per-
 
 Offenses Against Foreign & Interstate Commerce. 465 
 
 son who produces, imports, manufactures, compounds, deals in, dis- 
 penses, sells, distributes, or gives away any of the aforesaid drugs 
 shall pay to the said collector a special tax at the rate of $1 per an- 
 num: Provided, that no employee of any person who produces, im- 
 ports, manufactures, compounds, deals in, dispenses, sells, distributes, 
 or gives away any of the aforesaid drugs, acting within the scope of 
 his employment, shall be required to register or to pay the special 
 tax provided by this section: Provided, further, that the person who 
 employs him shall have registered and paid the special tax as re- 
 quired by this section: Provided further, that officers of the United 
 States Government who are lawfully engaged in making purchases of 
 the above-named drugs for the various departments of the Army and 
 Navy, the Public Health Service, and for Government hospitals and 
 prisons, and officers of the State Government, or of any county or 
 municipality therein, who are lawfully engaged in making purchases 
 of the above-named drugs for State, county, or municipal hospitals 
 or prisons, and officials of any territory or insular possession of the 
 District of Columbia or of the United States who are lawfully engaged 
 in the making purchases of the above-named drugs for hospitals or 
 prisons therein shall not be required to register and pay the special tax 
 as herein required. 
 
 "It shall be unlawful for any person required to register under the 
 terms of this Act to produce, import, manufacture, compound, deal 
 in, dispense, sell, distribute, or give away any of the aforesaid drugs 
 without having registered and paid the special tax provided for in this 
 section. 
 
 "That the word 'person' as used in this Act shall be construed to 
 mean and include a partnership, association, company, or corporation, 
 as well as a natural person; and all provisions of existing law re- 
 lating to special taxes, so far as applicable, including the provisions 
 of section thirty-two hundred and forty of the Revised Statutes of 
 the United States are hereby extended to the special tax herein im- 
 posed. 
 
 That the Commissioner of Internal* Revenue, with the approval of 
 the Secretary of the Treasury, shall make all needful rules and regula- 
 tions for carrying the provisions of this Act into effect. 
 
 "Sec. 2. That it shall be unlawful for any person to sell, barter, 
 exchange, or give away any of the aforesaid drugs except in pursuance 
 of a written order of the person to whom such article is sold, bartered, 
 exchanged, or given, on a form to be issued in blank for that purpose 
 by the Commissioner of Internal Revenue. Every person who shall 
 accept any such order, and in pursuance thereof shall sell, barter, 
 exchange, or give away any of the aforesaid drugs, shall preserve such 
 order for a period of two years in such a way as to be readily ac- 
 cessible to inspection by any officer, agent, or employee of the Treasury 
 Department duly authorized for that purpose, and the State, Territorial, 
 District, municipal, and insular officials named in Section 5 of this 
 Act. Every person who shall give an order as herein provided to any 
 
 30
 
 466 Federal Criminal Law Procedure. 
 
 other person for any of the aforesaid drugs shall, at or before the 
 time of giving such order, make or cause to be made a duplicate there 
 of on a form to be issued in blank for that purpose by the Commissioner 
 of Internal Revenue, and in case of the acceptance of such order, 
 shall preserve such duplicate for said period of two years in such a 
 way as to be readily accessible to inspection by the officers, agents, 
 employees, and officials hereinbefore mentioned. Nothing contained 
 in this section shall apply — 
 
 "(a) To the dispensing or distribution of any of the aforesaid drugs 
 to a patient by a physician, dentist, or veterinary surgeon registered 
 under this Act in the course of his professional practice only: . Pro- 
 vided, that such physician, dentist, or veterinary surgeon shall keep 
 a record of all such drugs dispensed or distributed, showing the 
 amount dispensed or distributed, the date, and the name and address 
 of the patient to whom such drugs are dispensed or distributed, except 
 such as may be dispensed or distributed to a patient upon whom such 
 physician, dentist or veterinary surgeon shall personally attend; and 
 such record shall be kept for a period of two years from the date of 
 dispensing or distributing such drugs, subject to inspection, as pro- 
 vided in this Act. 
 
 "(b) To the sale, dispensing, or distribution of any of the aforesaid 
 drugs by a dealer to a consumer under and in pursuance of a written 
 prescription issued by a physician, dentist, or veterinary surgeon reg- 
 istered under this Act: Provided, however, that such prescription 
 shall be dated as of the day on which signed and shall be signed by 
 the physician, dentist, or veterinary surgeon who shall have issued the 
 same: And provided further, that such dealer shall preserve such 
 prescription for a period of two years from the day on which such 
 prescription is filled in such a way as to be readily accessible to in- 
 spection by the officers, agents, employees, and officials hereinbefore 
 mentioned. 
 
 "(c) To the sale, exportation, shipment or delivery of any of the 
 aforesaid drugs by any person within the United States or any Ter- 
 ritory or the District of Columbia or any of the insular possessions of 
 the United States to any person in any foreign country, regulating 
 their entry in accordance with such regulations for importation thereof 
 into such foreign country as are prescribed by said country, such regula- 
 tions to be promulgated from time to time by the Secretary of State 
 of the United States. 
 
 "(d) To the sale, barter, exchange, or giving away of any of the 
 aforesaid drugs to any officer of the United States Government or of 
 any State, territorial, district, county, or municipal or insular gov- 
 ernment lawfully engaged in making purchases thereof for the various 
 departments of the Army and Navy, the Public Health Service, and 
 for Government, State, territorial district, county, or municipal or in- 
 sular hospitals or prisons. 
 
 . '-«
 
 Offenses Against Foreign & Interstate Commerce. 467 
 
 The Commissioner of Internal Revenue, with the approval of the 
 Secretary of the Treasury, shall cause suitable forms to be prepared 
 for the purposes above mentioned, and shall cause the same to be 
 distributed to collectors of internal revenue for sale Oy them to those 
 persons who shall have registered and paid the special tax as required 
 by Section 1 of this Act in their districts, respectively; and no col- 
 lector shall sell any of such forms to any persons other than a person 
 who has registered and paid the special tax as required by Section 1 
 of this Act in his district. The price at which such forms shall be 
 sold by said collectors shall be fixed by the Commissioner of Internal 
 Revenue, with the approval of the Secretary of the Treasury, but shall 
 not exceed the sum of $1 per hundred. Every collector shall keep an 
 account of the number of such forms sold by him, the name of the 
 purchasers, and the number of such forms sold to each of such pur- 
 chasers. Whenever any collector shall sell any of such forms, he shall 
 cause the name of the purchaser thereof to be plainly written or 
 stamped thereon before delivering the same; and no person other than 
 such purchaser shall use any of said forms bearing the name of such 
 purchaser for the purpose of procuring any of the aforesaid drugs, or 
 furnish any of the forms bearing the name of such purchaser to any 
 person with intent thereby to procure the shipment or delivery of any 
 of the aforesaid drugs. It shall be unlawful for any person to obtain 
 by means of said order forms any of the aforesaid drugs for any pur- 
 pose other than the use, sale, or distribution thereof by him in the 
 conduct of a lawful business in said drugs or in the legitimate practice 
 of his profession. 
 
 "The provisions of this Act shall apply to the United States, the 
 District of Columbia, the Territory of Alaska, the Territory of Hawaii, 
 the insular possessions of the United States, and the Canal Zone. In 
 Porto Rico and the Philippine Islands the administration of this Act, 
 the collection of the said special tax, and the issuance of the order forms 
 specified in Section 2 shall be performed by the appropriate internal- 
 revenue officers of those governments, and all revenues collected here- 
 under in Porto Rico and the Philippine Islands shall accrue intact to 
 the general governments thereof, respectively. The Courts of first 
 instance in the Philippine Islands shall possess and exercise jurisdic- 
 tion in all cases arising under this Act in said islands. The President 
 is authorized and directed to issue such Executive orders as will car- 
 ry into effect in the Canal Zone the intent and purpose of this Act by 
 providing for the registration and the imposition of a special tax upon 
 all persons in the Canal Zone who produce, import, compound, deal 
 in, dispense, sell, distribute, or give away opium or cocoa leaves, their 
 salts, derivatives, or preparations. 
 
 "Sec. 3. That any person who shall be registered in any internal- 
 revenue district under the provisions of Section 1 of this Act shall, 
 whenever required so to do by the collector of the district, render to 
 the said collector a true and correct statement or return, verified by 
 affidavit, setting forth the quantity of the aforesaid drugs received by
 
 468 Federal Criminal Law Procedure. 
 
 him in said internal-revenue district during such period immediately 
 preceding the demand of the collector, not exceeding three months, as 
 the said collector may fix and determine; the names of the persons 
 from whom the said drugs were received; the quantity in each in- 
 stance received from each of such persons, and the date when received. 
 
 "Sec. 4. That it shall be unlawful for any person who shall not 
 have registered and paid the special tax as required by Section 1 of 
 this Act to send, ship, carry, or deliver any of the aforesaid drugs 
 from any State or Territory or the District of Columbia, or any in- 
 sular possession of the United States, to any person in any other State 
 or Territory or the District of Columbia or any insular possession of 
 the United States: Provided, that nothing contained in this section 
 shall apply to common carriers engaged in transporting the aforesaid 
 drugs, or to any employee acting within the scope of his employment, 
 or any person who shall have registered and paid the special tax as 
 required by Section 1 of this Act, or to any person who shall deliver 
 any such drug which has been prescribed or dispensed by a physician, 
 dentist, or veterinarian required to register under the terms of this 
 Act, who has been employed to prescribe for the particular patient 
 receiving such drug, or to any United States, State, county, municipal, 
 District, Territorial, or insular officer or official acting within the scope 
 of his official duties. 
 
 "Sec. 5. That the duplicate-order forms and the prescriptions re- 
 quired to be preserved under the provisions of Section 2 of this Act, 
 and the statements or returns filed in the office of the collector of the 
 district, under the provisions of Section 3 of this Act, shall be open to 
 inspection by officers, agents, and employees of the Treasury Depart- 
 ment duly authorized for that purpose; and such officials of any State 
 or Territory, or of any organized municipality therein, or of the District 
 of Columbia, or any insular possession of the United States, as shall 
 be charged with the enforcement of any law or municipal ordinance 
 regulating the sale, prescribing, dispensing, dealing in, or distribution 
 of the aforesaid drugs, Each collector of internal revenue is hereby 
 authorized to furnish, upon written request, certified copies of any of 
 the said statements or returns filed in his office to any of such officials 
 of any State or Territory or organized municipality therein, or the 
 District of Columbia, or any insular possession of the United States, 
 as shall be entitled to inspect the said statements or returns filed in 
 the office of the said collector, upon the payment of a tee of $1 for each 
 one hundred words or fraction thereof in the copy or copies so re- 
 quested. Any person who shall disclose the information contained in 
 the said statements or returns or in the said duplicate-order forms, 
 except as herein expressly provided, and except for the purpose of en- 
 forcing the provisions of this Act, or for the purpose of enforcing any 
 law of any State or Territory or the District of Columbia, or any in- 
 sular possession of the United States, or ordinance of any organized 
 municipality therein, regulating the sale, prescribing, dispensing, deal- 
 ing in, or distribution of the aforesaid drugs, shall on conviction, be
 
 Offenses Against Foreign & Interstate Commerce. 469 
 
 fined or imprisoned as provided by Section 9 of this Act. And col- 
 lectors of internal revenue are hereby authorized to furnish upon writ- 
 ten request, to any person, a certified copy of the names of any or all 
 persons who may be listed in their respective collection districts as 
 special-tax payers under the provisions of this Act, upon payment of 
 a fee of $1 for each one hundred names or fraction thereon in the copy 
 so requested. 
 
 "Sec. 6. That the provisions of this Act shall not be construed to 
 apply to the sale, distribution, giving away, dispensing, or possession 
 of preparations and remedies which do not contain more than two 
 grains of opium, or more than one-fourth of a grain of morphine, or 
 more than one-eighth of a grain of heroin, or more than one grain o? 
 codeine, or any salt or derivative of any of them in one fluid ounce, 
 or, if a solid or semi-solid preparation, in one avoirdupois ounce; or 
 to liniments, ointments, or other preparations which are prepared for 
 external use only; except liniments, ointments, and other preparations 
 which contain cocaine or any of its salts or alpha or beta eucaine or 
 any of their salts or any synthetic substituted for them: Provided, 
 that such remedies and preparations are sold, distributed, given away, 
 dispensed, or possessed as medicines and not for the purpose of evad- 
 ing the intentions and provisions of this Act. The provisions of this 
 Act shall not apply to decocainized cocoa leaves or preparations made 
 therefrom, or to other preparations of cocoa leaves which do not con- 
 tain cocaine. 
 
 "Sec. 7. That all laws relating to the assessment, collection, remis- 
 sion, and refund of internal-revenue taxes, including Section 3229 of 
 the Revised Statutes of the United States, so far as applicable to and 
 not inconsistent with the provisions of this Act, are hereby extended 
 and made applicable to the special taxes imposed by this Act. 
 
 "Sec. 8. That it shall be unlawful for any person not registered 
 under the provisions of this Act, and who has not paid the special tax 
 provided for by this Act, to have in his possession or under his control 
 any of the aforesaid drugs; and such possession or control shall be 
 presumptive evidence of a violation of this section, and also of a viola- 
 tion of the provisions of Section 1 of this Act: Provided, That this 
 section shall not apply to any employee of a registered person, or to 
 a nurse under the supervision of a physician, dentist, or veterinary 
 surgeon registered under this Act, having such possession or control 
 by virtue of his employment or occupation and not on his own account; 
 or to the possession of any of the aforesaid drugs which has or have 
 been prescribed in good faith by a physician, dentist, or veter'nary 
 surgeon registered under this Act; or to any United States, State, 
 county, municipal, District, Territorial, or insular officer or official who 
 has possession of any said drugs, by reason of his official duties, or to 
 a warehouseman holding possession for a person registered and who 
 has paid the taxes under this Act; or to common carriers engaged in 
 transporting such drugs: Provided, further, that it shall not be 
 necessary to negative any of the aforesaid exemptions .-n any complaint.
 
 470 Federal Criminal Law Procedure. 
 
 information, indictment, or other writ or proceeding laid or brought 
 under this Act; and the burden of proof of any such exemption shall 
 be upon the defendant. 
 
 "Sec. 9. That any person who violates or fails to comply with any 
 of the requirements of this Act shall, on conviction, be fined not more 
 than $2,000 or be imprisoned not more than five years, or both, in the 
 discretion of the Court. 
 
 "Sec. 10. That the Commissioner of Internal Revenue, with the 
 approval of the Secretary of the Treasury, is authorized to appoint such 
 agents, deputy collectors, inspectors, chemists, assistant chemists, 
 clerks, and messengers in the field and in the Bureau of Internal 
 Revenue in the District of Columbia, as may be necessary to enforce 
 the provisions of this Act. 
 
 "Sec. 11. That the sum of $150,000, or so much thereof as may be 
 necessary, be, and hereby is, appropriated, out of any moneys in the 
 Treasury not otherwise appropriated, for the purpose of carrying into 
 effect the provisions of this Act. 
 
 "Sec. 12. That nothing contained in this Act shall be construed to 
 impair, alter, amend, or repeal any of the provisions of the Act of 
 Congress approved June 30, 1906, entitled 'An Act for preventing the 
 manufacture, sale, or transportation of adulterated or misbranded, or 
 poisonous, or deleterious foods, drugs, medicines, and liquors, and for 
 regulating traffic therein, and for other purposes;' and any amendment 
 thereof, or of the Act approved February 9, 1909, entitled 'An Act to 
 prohibit the importation and use of opium for other than medicinal 
 purposes,' and any amendment thereof." 
 
 The severity of the punishment for the acts that appear 
 to become crimes from a casual study of the above stat- 
 ute causes me to doubt that the congress ever intended 
 to punish anyone save the dealer. In other words, one 
 who has in his possession the prohibited sedative for his 
 own use manifestly ought not to become a felon, and 
 manifestly ought not to suffer the severe punishment 
 prescribed by the statute. Judge Bourguin of the Mon- 
 tana district, in the case of U. S. vs. Woods, 224 Fed. 278, 
 expresses views in line with this thought, and said, in 
 substance, that any person convicted of the most trivial 
 violation of the statute, though fined but one dollar there- 
 under, is made a felon and infamous, and for this mere 
 legal infraction, which is not in fact a true crime, a con- 
 sequence shockingly disproportionate to the offense fol- 
 lows, and such a construction of the statute is therefore 
 antagonistic to sound criminal economics and is abhor- 
 rent to justice. It is a corollary of criminal law that
 
 Offenses Against Foreign & Interstate Commerce. 471 
 
 whenever an offense can be committed by only certain 
 classes of persons, the indictment must expressly allege 
 that the accused is of those classes, or it is fatally de- 
 fective in substance. U. S. vs. Woods, 224 Fed. 280. 
 
 So in the case of U. S. vs. Friedman, 224 Fed. 277, 
 which was a prosecution against a physician for prescrib- 
 ing the prohibited drugs in quantites more than was 
 necessary to meet the needs of a patient, and that they 
 were not distributed, dispensed and prescribed in good 
 faith as a medicine, the court sustained a demurrer on 
 the ground that the statute does not in fact limit the 
 amount of the drugs a. physician may prescribe. 
 
 In U. S. vs. Brown, 224 Fed. 135,' it was held that the 
 court will take judicial notice of the fact that opium is 
 not grown or produced in the United States. In the 
 same case the court held the act of December 17, 1914 
 providing for the registration with collectors of internal 
 revenue of dealers in opium, and imposing a tax on deal- 
 ers and making it unlawful for any person who has not 
 registered and paid the tax, to have in his possession any 
 opium or derivative thereof, and providing that such 
 possession shall be presumptive evidence of a violation 
 of the act, constitutional. 
 
 Returning again to the Act under consideration, it 
 seems very clear that there is nothing in the Act im- 
 posing the duty of registration and the payment of taxes 
 upon mere consumers of the drugs. They are not within 
 Section 1, and Section 8 does not purport to extend the 
 registration and taxation features of the act to them. 
 
 § 271f. Interstate Commerce. Regulation Thereof. — 
 The Act of February 4, 1887, 24th Statute at Large, 379, 
 page 809, Third Volume Federal Statutes, Annotated, 
 comprises certain regulations for the common carriers of 
 interstate traffic. 
 
 Section 1 provides that the Act shall apply to any com- 
 mon carrier engaged in the transportation of passengers 
 or property, wholly by railroad or partly by railroad and 
 partly by water, and provides that all charges shall be 
 reasonable and just. It also defines the word Railroad. 
 
 Section 2 provides for special rates, and prohibits re- 
 bates in any way, directly or indirectly.
 
 472 Federal Criminal Law Procedure. 
 
 Section 3 inhibits undue preferences, and guarantees 
 equal facilities to connecting" lines. 
 
 Section 4 allows certain exceptions in long and short 
 haul charges. 
 
 Section 5 prohibits pooling agreements. 
 
 Section 6 provides that printed schedules of rates shall 
 be lasted, as shall also notice of advances and reduction 
 be given, provides for joint rate tariffs, and punishes 
 failure to file schedules. 
 
 Section 7 provides combinations to prevent continuous 
 carriage of freight to destination. 
 
 Section 8 defines a liability to persons who are injured 
 by violation of the Act. 
 
 Section 9 provides that persons damaged may complain 
 to the commission or may personally sue. 
 
 Section 10 thereof provides as follows: 
 
 "(Punishment for violation or evasion of the Act.) That any com- 
 mon carrier subject to the provisions of this Act, or, whenever such 
 carrier is a corporation, any director, or officer thereof, or any re- 
 ceiver or trustee, lessee, agent or person acting for or employed by 
 such corporation, company, person, or party, shall wilfully do or cause 
 to be done, or shall willingly suffer or permit to de done, any act, 
 matter, or thing in this Act prohibited or declared to be unlawful, or 
 who shall aid or abet therein, or shall willfully omit or fail to do any 
 act, matter, or thing in this Act required to be done, or shall cause or 
 willingly suffer or permit any act, matter, or thing so directed or re- 
 quired by this Act to be done not to be so done, or shall aid or abet any 
 such omission or failure, or shall be guilty of any infraction of this 
 Act, or shall aid or abet therein, shall be deemed guilty of a misde- 
 meanor, and shall, upon conviction thereof in any District Court of the 
 United States within the jurisdiction of which such offense was com 
 mitted, be subject to a fine of not to exceed five thousand dollars for 
 each offense: Provided, that if the offense for which any person shall 
 be convicted as aforesaid shall be an unlawful discriminating in rates, 
 fares, or charges, for the transportation of passengers or property, such 
 person shall, in addition to the fine hereinbefore provided for, be liable 
 to imprisonment in the penitentiary for a term of not exceeding two 
 years, or both such fine and imprisonment, in the discretion of the 
 Court. 
 
 "Any common carrier subject to the provisions of this Act, or, when- 
 ever such common carrier is a corporation, any officer or agent thereof, 
 or any person acting for or employed by such corporation, who, by 
 means of false billing, false classification, false weighing, or false re- 
 port of weight, or by any other device or means, shall knowingly or
 
 Offenses Against Foreign & Interstate Commerce. 473 
 
 willfully assist, or shall willingly suffer or permit, any person or per- 
 sons to obtain transportation for property at less than the regular 
 rates then established and in force on the line of transportation of such 
 common carrier, shall be deemed guilty of a misdemeanor, and shall, 
 upon conviction thereof in any Court of the United States of com- 
 petent jurisdiction within the district in which such offense was com- 
 mitted, be subject to a fine of not exceeding five thousand dollars, or 
 imprisonment in the penitentiary for a term of not exoeeding two 
 years, or both, in the discretion of the Court for each offense. 
 
 "Any person and any officer or agent of any corporation or company 
 who shall deliver property for transportation to any common carrier, 
 subject to tbe provisions of this Act, or for whom as consignor or 
 consignee any such carrier shall transport property, who shall know- 
 ingly and willfully, by false billing, false classification, false weighing, 
 false representation of the contents of the package, or false report of 
 weight, or by any other device or means, whether with or without the 
 consent or connivance of the carrier, its agent or agents, obtain trans- 
 portation for such property at less than the regular rates then estab- 
 lished and in force on the line of transportation, shall be deemed guilty 
 of fraud, which is hereby declared to be a misdemeanor, and shall, 
 upon conviction thereof in any Court of the United States of competent 
 jurisdiction within the district in which such offense was committed, be 
 subject for each offense to a fine of not exceeding five thousand dol- 
 lars or imprisonment in the penitentiary for a term of not exceeding 
 two years, or both, in the discretion of the Court. 
 
 "If any such person, or any officer or agent of any such corporation or 
 company, shall, by payment of money or other thing of value, solicita- 
 tion, or otherwise, induce any common carrier subject to the provisions 
 of this Act, or any of its officers or agents, to discriminate unjustly in 
 his, its, or their favor as against any other consignor or consignee 
 in the transportation of property, or shall aid or abet any common 
 carrier in any such unjust discrimination, such person, or such officer 
 or agent of such corporation or company, shall be deemed guilty of a 
 misdemeanor, and shall, upon conviction thereof in any Court of the 
 United States of competent jurisdiction within the districts within 
 which such offense was committed, be subject to a fine of not exceed- 
 ing five thousand dollars, or imprisonment in the penitentiary for a 
 term of not exceeding two years, or both, in the discretion of the 
 Court, for each offense; and such person, corporation, or company 
 shall also, together with said common carrier, be liable, jointly or 
 severally, in an action on the case to be brought by any consignor or 
 consignee discriminated against in any Court of the United States of 
 competent jurisdiction for all damages caused by or resulting there- 
 from. (25 Stat. L., 857.)" 
 
 Section 11 provides for the creation of an interstate 
 commerce commission.
 
 474 Federal Criminal Law Procedure. 
 
 Section 12 defines the scope of the commission, pro- 
 vides for prosecution of proceedings, the attendance of 
 witnesses, depositions, and self-incriminating testimony. 
 
 Section 13 provides for petitions as to violations of law, 
 notice to carrier of charges filed, and for investigations. 
 
 Section 14 provides for written reports of investiga- 
 tions, and that such reports and decisions may be printed 
 and distributed. 
 
 Section 15 provides for notice to the carrier of viola- 
 tions and for making of a record of compliance with the 
 report. 
 
 Section 16 frames a procedure in case of refusal to 
 obey the commission, provides for remedies, jury trials, 
 appeals, and costs. 
 
 Section 17 provides for proceedings of commission, 
 rules, quorums, appearances, records, seal, oaths and sub- 
 poenaes. 
 
 Section 19 fixes the salaries, provides for witness fees. 
 
 Section 19 fixes the office and place of business at Wash- 
 ington, and allows the commission to hold special ses- 
 sions in any part of the United States. 
 
 Section 22 provides for free carriage and reduced rates 
 to certain corporations and persons.
 
 CHAPTER XIIA 
 
 INTOXICATING LIQUOR. 
 
 § 1100. Historical. 
 
 1101. Reed Act. 
 
 1102. Decisions under Reed Act. 
 
 1103. Volstead Act and Constitutional Amendment 18. 
 
 1104. Decisions under Different Provisions of the Volstead Act. 
 
 1105. Volstead Act Repeals some of Revenue Laws. 
 
 1106. Decisions Continued. 
 
 1107. Opium, or Cocoa Leaves, and Salts, Derivatives or Prepara- 
 tions, Continued. 
 
 1108. Narcotic Decisions. 
 
 Sec. 1100. Historical. 
 
 The Webb-Kenyon Act of Mar. 1, 1913, Compiled Stat- 
 utes 1916, Sec. 8739, was the beginning of the undoing 
 of the right of interstate commerce to protect the in- 
 troduction of intoxicating liquors into non-wishing states. 
 
 In 1917 came the Reed amendment and later in the 
 same year the wartime legislation for the protection of 
 the nations soldiers and their concentration points. Then 
 the Eighteenth Amendment to the Constitution was 
 adopted and its adoption was quickly followed by the 
 Volstead Act, of October 28, 1919. 
 
 Sec. 1101. The Reed Act: "Whoever shall order, 
 purchase, or cause intoxicating liquors to be trans- 
 ported in interstate commerce, except for scientific, sac- 
 ramental, medicinal, and mechanical purposes, into any 
 state or territorv, the laws of which state or territorv 
 prohibit the manufacture, or sale therein of intoxicating 
 liquors for beverage purposes shall be punished as afore- 
 said, provided, that nothing therein shall authorize the 
 shipment of liquor into any state contrary to the laws 
 of such state." 
 
 The punishment is by fine of not exceeding a thousand 
 dollars or imprisonment not more than six months or 
 both, and for any subsequent offense imprisonment not 
 more than one year. 
 
 Sec. 1102. Decisions Under Reed Act. 
 
 Berryman vs. U. S., 259 F. 208; Laughter vs. U. S., 
 259 F. 94; Preyer vs. U. S., 260 F. 157; U. S. vs. Collins, 
 264 F. 380; Durst vs. U. S., 266 F. 65; ex parte West- 
 
 (475)
 
 476 Federal Criminal Law Procedure. 
 
 brook, 250 F. 637; U. S. vs. Collins, 254 F. 869; U. S. 
 vs. Gudger, U. S. Sup. Ct. Rep. Apr. 1919; U. S. vs. Hill, 
 U. S. Sup. Ct. Jan. 1919; U. S. vs. Simpson, 40. Sup. 
 Ct. 364; U. S. vs. James, 256 F. 102. 
 
 Sec. 1103. Volstead Act and Constitutional Amend- 
 ment Eighteen. 
 
 In 1918 the Eighteenth Amendment to the Constitution 
 was adopted, such adoption being proclaimed on the 29th 
 of January, 1919, the article is as follows: — 
 
 "Sec. 1. After one year from the ratification of this 
 Article the manufacture, sale, or transportation of in- 
 toxicating liquors within, the importation thereof into, 
 or the exportation thereof from the United States and 
 all territory subject to the jurisdiction thereof for bev- 
 erage purposes is hereby prohibited. 
 
 Sec. 2, The congress and the several states shall have 
 concurrent power to enforce this Article by appropriate 
 legislation . . ." 
 
 Then Congress passed the Volstead Act, as follows:— 
 
 Title II. 
 
 Prohibition of Intoxicating Beverages. 
 
 Sec. 1. (Terms defined — authority of assistants to 
 commissioner.) When used in Title II and Title III of 
 this Act (1) The word "liquor" or the phrase "intoxi- 
 cating liquor" shall be construed to include alcohol, bran- 
 dy, whisky, rum, gin, beer, ale, porter, and wine, and in 
 addition thereto any spirituous, vinous, malt, or fer- 
 mented liquor, liquids, and compounds, whether medi- 
 cated, proprietary, patented, or not, and by whatever 
 name called, containing one-half of 1 per centum or more 
 of alcohol by volume which are fit for use for beverage 
 purposes: Provided, That the foregoing definition shall 
 not extend to dealcoholized wine nor to any beverage or 
 liquid produced by the process by which beer, ale, porter 
 or wine is produced, if it contains less than one-half of 1 
 per centum of alcohol by volume, and is made as pre- 
 scribed in section 37 of this title, and is otherwise de- 
 nominated than as beer, ale, or porter, and is contained 
 and sold in, or from, such sealed and labeled bottles,
 
 Intoxicating Liquors. 477 
 
 casks or containers as the commissioner may by regula- 
 tion prescribe. 
 
 (2) The word "person" shall mean and include nat- 
 ural persons, associations, copartnerships, and corpora- 
 tions. 
 
 (3) The word "commissioner" shall mean Commis- 
 sioner of Internal Revenue. 
 
 (4) The term "application' 1 shall mean a formal 
 written request supported by a verified statement of 
 facts showing that the commissioner may grant the re- 
 quest. 
 
 (5) The term "permit" shall mean a formal written 
 authorization by the commissioner setting forth specifical- 
 ly therein the things that are authorized. 
 
 (6) The term "bond" shall mean an obligation au- 
 thorized or required by or under this act or any regula- 
 tion, executed in such form and for such a penal sum 
 as may be required by a court, the commissioner or pre- 
 scribed by regulation. 
 
 (7) The term "regulation" shall mean any regulation 
 prescribed by the commissioner with the approval of 
 the Secretary of the Treasury for carrying out the pro- 
 visions of this Act, and the commissioner is authorized 
 to make such regulations. 
 
 Any act authorized to be clone by the commissioner 
 may be performed by any assistant or agent designated 
 by him for that purpose. Records required to be filed 
 with the commissioner may be filed with an assistant 
 commissioner or other person designated by the commis- 
 sioner to receive such record. (41 Stat. L. 307.) 
 
 Sec. 2. (Investigation and report of violation of act — 
 Commissioner of Internal Revenue — apprehension of of- 
 fenders — prosecution — search warrants.) The Commis- 
 sioner of Internal Revenue, his assistants, agents, and 
 inspectors shall investigate and report violations of this 
 Act to the United States attorney for the district in 
 which committed, who is hereby charged with the duty 
 of prosecuting the offenders, subject to the direction of 
 the Attorney General, as in the case of other offenses 
 against the laws of the United States; and such Commis- 
 sioner of Internal Revenue, his assistants, agents, and
 
 
 478 Federal Criminal Law Procedure. 
 
 inspectors may swear out warrants before United States 
 commissioners or other officers or courts authorized to 
 issue the same for the apprehension of such offenders, 
 and may, subject to the control of the said United States 
 attorney, conduct the prosecution at the committing trial 
 for the purpose of having the offenders held for the 
 action of a grand jury. Section 1014 of the Revised Stat- 
 utes of the United States is hereby made applicable in 
 the enforcement of this Act. Officers mentioned in said 
 section 1014 are authorized to issue search warrants un- 
 der the limitations provided in Title XI of the Act ap- 
 proved June 15, 1917 (Fortieth Statutes at Large, page 
 217, et seq.) (41 Stat. L. 308.) 
 
 For R. S. sec. 1014, see 2 Fed. Stat. Ann. (2d ed.) 654; 
 2 Fed. Stat. Ann. (1st ed.) 321. 
 
 For Act of June 15, 1917, title XI, mentioned in the 
 text, see 1918 Supp. Fed. Stat. Ann. 128. 
 
 Sec. 3. (Application of Act to Eighteenth Amendment 
 of Constitution — liquor for nonbeverage purposes — wine 
 for sacramental purposes — warehouse receipts.) No per- 
 sons shall on or after the date when the eighteenth 
 amendment to the Constitution of the United States goes 
 into effect, manufacture, sell, barter, transport, import, 
 export, deliver, furnish or possess any intoxicating liq- 
 uor except as authorized in this Act, and all provisions 
 of this Act shall be liberally construed to the end that 
 the use of intoxicating liquor as a beverage may be pre- 
 vented. 
 
 Liquor for nonbeverage purposes and wine for sacra- 
 mental purposes may be manufactured, purchased, sold, 
 bartered, transported, imported, exported, delivered, fur- 
 nished and possessed, but only as herein provided, and 
 the commissioner mayTlrjxm^^ 
 
 therefor: Provided, That nothing in this Act shallpro- 
 liibit the purchase and sale of warehouse receipts cover- 
 ing distilled spirits on deposit in Government bonded 
 warehouses, and no special tax liability shall attach to 
 the business of purchasing and selling such warehouse 
 receipts. (41 Stat. L. 308.) 
 
 The Eighteenth Amendment to the Constitution is set 
 out infra. See Index.
 
 Intoxicating Liquors. 479 
 
 Sec. 4. (Enumeration of certain articles not affected 
 by ac t — permit to manufacture — sale of articles — use for 
 beverage purposes.) The articles enumerated in this 
 section shall not, after having been manufactured and 
 prepared for the market, be subject to the provisions of 
 this Act if they correspond with the following descrip- 
 tions and limitations, namely: 
 
 (a) Denatured alcohol or denatured rum produced and 
 and used as provided by laws and regulations now or 
 hereafter in force. 
 
 (b) Medicinal preparations manufactured in accord- 
 ance with formulas prescribed by the United States 
 Pharmacopoeia, National Formulary or the American 
 Institute of Homeopathy that are unfit for use for bev- 
 erage purposes. 
 
 (c) Patented, patent, and proprietary medicines that 
 are unfit for use for beverage purposes. 
 
 (d) Toilet, medicinal, and antiseptic preparations and 
 solutions that are unfit for use for beverage purposes. 
 
 (e) Flavoring extracts and sirups that are unfit for 
 use as a beverage, or for intoxicating beverage purposes. 
 
 (f) Vinegar and preserved sweet cider. 
 
 A person who manufactures any of the articles men- 
 tioned in this section may purchase and possess liquor 
 for that purpose, but he shall secure permits to manu- 
 facture such articles and to purchase such liquor, give the 
 bonds, keep the records, and make the reports specified 
 in this Act and as directed by the commissioner. No 
 such manufacturer shall sell, use, or dispose of any liquor 
 otherwise than as an ingredient of the articles authorized 
 to be manufactured therefrom. No more alcohol shall 
 be used in the manufacture of any extract, sirup or the 
 articles named in paragraphs b. c. and d. of this section 
 which may be used for beverage purposes than the quan- 
 titv necessarv for extraction or solution of the elements 
 contained therein and for the preservation of the article. 
 
 Any person who shall knowingly sell any of the articles 
 mentioned in paragraphs a, b, c,. and d of this section 
 for beverage purposes, or any extract or sirup for in- 
 toxicating beverage purposes, or who shall sell any of
 
 480 Federal Criminal Law Procedure. 
 
 the same under circumstances from which the seller 
 might reasonably deduce the intention of the purchaser 
 to use them for such purposes, or shall sell any beverage 
 containing one-half of 1 per centum or more of alcohol 
 by volume in which any extract, sirup, or other article is 
 used as an ingredient, shall be subject to the penalties 
 provided in section 29 of this Title. If the commissioner 
 shall find, after notice and hearing as provided for in 
 section 5, of this Title, that any person has sold any flav- 
 oring extract, sirup, or beverage in violation of this para- 
 graph, he shall notify such person, and any known prin- 
 cipal for whom the sale was made, to desist from selling 
 such article; and it .shall thereupon be unlawful for a 
 period of one year thereafter for any person so notified to 
 sell any such extract, sirup, or beverage without making 
 an application for, giving a bond, and obtaining a permit 
 so to do, which permit may be issued upon such condi- 
 tions as the commissioner may deem necessary to prevent 
 such illegal sales, and in addition the commissioner shall 
 require a record and report of sales. (41 Stat. L. 309.) 
 
 Sec. 5. (Failure of enumerated articles to conform to 
 descriptions — analysis — revocation of permit.) When- 
 ever the commissioner has reason to believe that any 
 article mentioned in section 4 does not correspond with 
 the descriptions and limitations therein provided, he 
 shall cause an analysis of said article to be made, and if, 
 upon such analysis, the commissioner shall find that said 
 article does not so correspond, he shall give not less than 
 fifteen days' notice in writing to the person who is the 
 manufacturer thereof to show cause why said article 
 should not be dealt with as an intoxicating liquor, such 
 notice to be served personally or by registered mail, as 
 the commissioner may determine and shall specify the 
 time when, the place where, and the name of the agent or 
 official before whom such person is required to appear. 
 
 If the manufacturer of said article fails to show to the 
 satisfaction of the commissioner that the article corre- 
 sponds to the descriptions and limitations provided in 
 section 4 of this Title, his permit to manufacture and 
 sell such article shall be revoked. The manufacturer may
 
 Intoxicating Liquors. 481 
 
 by appropriate proceeding in a court of equity have the 
 action of the commissioner reviewed, and the court may 
 affirm, modify, or reverse the finding of the commissioner 
 as the facts and the law of the case mav warrant, and 
 during the pendency of such proceedings may restrain 
 the manufacture, sale, or other disposition of such article. 
 (41 Stat. L. 309.) 
 
 Sec. 6. (Permits to manufacture, etc., liquor.) No one 
 shall manufacture, sell, purchase, transport, or prescribe 
 any liquor without first obtaining a permit from the com- 
 missioner so to do, except that a person may, without 
 a permit, purchase and use liquor for medicinal purposes 
 when prescribed by a physician as herein provided, and 
 except that any prson who is in the opinion of the com- 
 missioner is conducting a bona fide hospital or sanatorium 
 engaged in the treatment of persons suffering from al- 
 coholism, may, under such rules, regulations, and condi- 
 tions, as the commissioner shall prescribe, purchase and 
 use, in accordance with the methods in use in such in- 
 stitution, liquor to be administered to the patients of such 
 institution under the direction of a duly qualified phy- 
 sician employed by such institution. 
 
 All permits to manufacture, prescribe, sell or trans- 
 port liquor, may be issued for one year, and shall expire 
 on the 31st day of December next succeeding the issuance 
 thereof: Provided, That the commissioner may without 
 formal application or new bond extend any permit granted 
 under this Act or laws now in force after August 31 in 
 any year to December 31 of the succeeding year; Pro- 
 vided further, That permits to purchase liquor for the 
 purpose of manufacturing or selling as provided in this 
 Act shall not be in force to exceed ninety days from the 
 day of issuance. A permit to purchase liquor for any 
 other purpose shall not be in force to exceed thirty days. 
 Permits to purchase liquor shall specify the quantity and 
 kind to be purchased and the purpose for which it is to 
 be used. No permit shall be issued to any person who 
 within one year prior to the application therefor or is- 
 suance thereof shall have violated the terms of any per- 
 mit issued under this Title or any law of the United 
 
 31
 
 482 Federal Criminal Law Procedure. 
 
 States or of any State regulating traffic in liquor. No 
 permit shall be issued to anyone to sell liquor at re- 
 tail, unless the sale is to be made through a pharmacist 
 designated in the permit and duly licensed under the laws 
 of his State to compound and dispense medicine pre- 
 scribed by a duly licensed physician. No one shall be 
 given a permit to prescribe liquor unless he is a physician 
 duly licensed to practice medicine and actively engaged 
 in the practice of such profession. Every permit shall be 
 in writing, dated when issued, and signed by the com- 
 missioner or his authorized agent. It shall give the name 
 and address of the person to whom it is issued and shall 
 designate and limit the acts that are permitted and the 
 time when and place where such acts may be performed. 
 No permit shall be issued until a verified, written applica- 
 tion shall have been made therefor, -setting forth the 
 qualification of the applicant and the purpose for which 
 the liquor is to be used. 
 
 The commissioner may prescribe the form of all permits 
 and applications and the facts to be set forth therein. 
 Before any permit is granted the commissioner may re- 
 quire a bond in such form and amount as he may pre- 
 scribe to insure compliance with the terms of the permit 
 and the provisions of this title. In the event of the re- 
 fusal by the commissioner of any application for a per- 
 mit, the applicant may have a review of his decision 
 before a court of equity in the manner provided in section 
 5 hereof. 
 
 Nothing in this title shall be held to apply to the 
 manufacture, sale, transportation, importation, posses- 
 sion, or distribution of wine for sacramental purposes, 
 or like religious rites, except section 6 (save as the same 
 requires a permit to purchase) and section 10 hereof, and 
 the provisions of this Act prescribing penalties for the 
 violation of either of said sections. No person to whom 
 a permit may be issued to manufacture, transport, im- 
 port, or sell wines for sacramental purposes 
 
 or like religious rites shall sell, barter, exchange, or 
 furnish any such to any person not a rabbi, minister of 
 the gospel, priest, or an officer duly authorized for the
 
 Intoxicating Liquors. 483 
 
 purpose by any church or congregation, nor to any such 
 except upon an application duly subscribed by him, which 
 application, authenticated as regulations may prescribe, 
 shall be filed and preserved by the seller. The head of 
 any conference or diocese or other ecclesiastical juris- 
 diction may designate any rabbi, minister, or priest to 
 supervise the manufacture of wine to be used for the 
 purposes and rites in this section mentioned, and the 
 person so designated may, in the discretion of the com- 
 missioner, be granted a permit to supervise such manu- 
 facture. (41 Stat. L. 310.) 
 
 Sec. 7. (Prescriptions for liquors.) No one but a phy- 
 sician holding a permit to prescribe liquor shall issue 
 any prescription for liquor. And no physician shall pre- 
 scribe liquor unless after careful physical examination 
 of the person for whose use such prescription is sought, 
 or if such examination is found impracticable, then upon 
 the best information obtainable, he in good faith believes 
 that the use of such liquor as a medicine by such person 
 is necessary and will afford relief to him from some known 
 ailment. No more than a pint of spirituous liquor to be 
 taken internally shall be prescribed for use by the same 
 person within any period of ten days and no prescription 
 shall be rilled more than once. Any pharmacist filling a 
 prescription shall at the time indorse upon it over his 
 own signature the word "canceled," together with the 
 date when the liquor was delivered, and then make the 
 same a part of the record that he is required to keep as 
 herein provided. 
 
 Every physician who issues a prescription for liquor 
 shall keep a record alphabetically arranged in a book 
 prescribed by the commissioner, who shall show the date 
 of issue, amount prescribed, to whom issued, the purpose 
 or ailment for which it is to be used and directions for 
 use, stating the amount and frequency of the dose. (41 
 Stat. L. 311.) 
 
 Sec. 8. (Prescription blanks.) The commissioner shall 
 cause to be printed blanks for the prescriptions herein 
 required, and he shall furnish the same, free of cost, to 
 physicians holding permits to prescribe. The prescrip-
 
 484 Federal Criminal Law Procedure. 
 
 tion blanks shall be printed in book form and shall be 
 numbered consecutively from one to one hundred, and 
 each book shall be given a number, and the stubs in each 
 book shall carry the same number as and be copies of 
 the prescriptions. The books containing such stubs shall 
 be returned to the commissioner when the prescription 
 blanks have been used, or sooner, if directed by the com- 
 missioner. All unused, mutilated, or defaced blanks shall 
 be returned with the book. No physician shall prescribe 
 and no pharmacist shall fill any prescription for liquor 
 except on blanks so provided, except in cases of emergen- 
 cy, in which event a record and report shall be made and 
 kept as in other cases. (41 Stat. 1. 311.) 
 
 Sec. 9. (Revocation of permits.) If at any time there 
 shall be filed with the commissioner a complaint under 
 oath setting forth facts showing, or if the commissioner 
 has reason to believe, that any person who has a permit 
 is not in good faith conforming to the provisions of this 
 Act, or has violated the laws of any State relating to 
 intoxicating liquor, the commissioner or his agent shall 
 immediately issue an order citing such person to appear 
 before him on a day named not more than thirty and not 
 less than fifteen days from the date of service upon such 
 permittee of a copy of the citation, which citation shall 
 be accompanied by a copy of such complaint, or in the 
 event that the proceedings be initiated by the commis- 
 sioner with a statement of the facts constituting the 
 violation charged, at which time a hearing shall be had 
 unless continued for cause. Such hearing shall be held 
 within the judicial district and within fifty miles of the 
 place where the offense is alleged to have occurred, un- 
 less the parties agree on another place. If it be found 
 that such person has been guilty of willfully violating any 
 such laws, as charged, or has not in good faith conformed 
 to the provisions of this Act, such permit shall be revoked, 
 and no permit shall be granted to such person within one 
 year thereafter. Should the permit be revoked by the 
 commissioner, the permittee may have a review of his 
 decision before a court of equity in the manner provided 
 in section 5 hereof. During the pendency of such action
 
 Intoxicating Liquoks. 485 
 
 such permit shall be temporarily revoked. (41 Stat. L. 
 311.) 
 
 Sec. 10. (Record of liquor manufactured, etc.) No 
 person shall manufacture, purchase for sale, sell, or trans- 
 port any liquor without making at the time a permanent 
 record thereof showing in detail the amount and kind of 
 liquor manufactured, purchased, sold, or transported, to- 
 gether with the names and addresses of the persons to 
 whom sold, in case of sale, and the consignor and con- 
 signee in case of transportation, and the time and place 
 of such manufacture, sale, or transportation. The com- 
 missioner may prescribe the form of such record,' which 
 shall at all times be open to inspection as in this Act 
 provided. (41 Stat. L. 312.) 
 
 Sec. 11. (Copies of permits to purchase — part of rec- 
 ords — wholesale purchases.) All manufacturers and 
 wholesale or retail druggists shall keep as a part of the 
 records required of them a copy of all permits to pur- 
 chase on which a sale of any liquor is made, and no manu- 
 facturer or wholesale druggist shall sell or otherwise dis- 
 pose of any liquor except at wholesale and only to persons 
 having permits to purchase in such quantities. (41 Stat. 
 1. 312.) 
 
 Sec. 12. (Labels on liquor containers.) All persons 
 manufacturing liquor for sale under the provisions of this 
 title shall securely and permanently attach to every con- 
 tainer thereof, as the same is manufactured, a label stat- 
 ing name of manufacturer, kind and quantity of liquor 
 contained therein, and the date of its manufacture, to- 
 gether with the number of the permit authorizing the 
 manufacture thereof; and all persons possessing such 
 liquor in wholesale quantities shall securely keep and 
 maintain such label thereon; and all persons selling at 
 wholesale shall attach to every package of liquor, when 
 sold, a label setting forth the kind and quantity of liquor 
 contained therein, by whom manufactured, the date of 
 sale, and the person to whom sold; which label shall like- 
 wise be kept and maintained thereon until the liquor is 
 jused for the purpose for which such sale was authorized. 
 (41 Stat. L. 312.)
 
 486 Federal Criminal Law Procedure. 
 
 Sec. 13. (Shipments of liquor — record by carrier — de- 
 livery — verified copy of permit to purchase.) It shall 
 be the duty of every carrier to make a record at the place 
 of shipment of the receipt of any liquor transported, and 
 he shall deliver liquor only to persons who present to the 
 carrier a verified copy of a permit to purchase which shall 
 be made a part of the carrier's permanent record at the 
 office from which delivery is made. 
 
 The agent of the common carrier is hereby authprized 
 to administer the oath to the consignee in verification of 
 the copy of the permit presented, who, if not personally 
 known to the agent, shall be identified before the delivery 
 of the liquor to him. The name and address of the per- 
 son identifying the consignee shall be included in the 
 record. (41 Stat. L. 312.) 
 
 Sec. 14. (Shipments — duty of shipper to disclose 
 character of package — information on outside of pack- 
 age.) It shall be unlawful for a person to use or induce 
 any carrier, or any agent or employee thereof, to carry 
 or ship any package or receptacle containing liquor with- 
 out notifying the carrier of the true nature and character 
 of the shipment. No carrier shall transport nor shall 
 any person receive liquor from a carrier unless there ap- 
 pears on the outside of the package containing such liq- 
 uor the following information: 
 
 Name and address of consignor or seller, name and 
 address of the consignee, kind and quantity of liquor 
 contained therein, and the number of the permit to pur- 
 chase or ship the same, together with the name and ad- 
 dress of the person using the permit. (41 Stat. L. 312.) 
 
 Sec. 15. (False statements on package — effect.) It 
 shall be unlawful for any consignee to accept or receive 
 any package containing any liquor upon which appears 
 a statement known to him to be false, or for any carrier 
 or other person to consign, ship, transport, or deliver 
 any such package, knowing such statement to be false. 
 (41 Stat. L. 313.) 
 
 Sec. 16. (Shipments — bona fide consignee.) It shall 
 be unlawful to give to any carrier or any officer, agent, 
 or person acting or assuming to act for such carrier an
 
 Intoxicating Liquors. 487 
 
 order requiring the delivery to any person of any liquor 
 or package containing liquor consigned to, or purporting 
 or claimed to be consigned to a person, when the purpose 
 of the order is to enable any person not an actual bona 
 fide consignee to obtain such liquor. (41 Stat. L. 313.) 
 
 Sec. 17. (Liquor advertisements — price lists.) It shall 
 be unlawful to advertise anywhere, or by any means or 
 method? liquor , or the manufacture, sale, keeping for sale 
 ^FTurnishing of the same, or' where, how, from whom, 
 or at what price the same may be obtained. No one shall 
 ^er^it_^my_signor_ billboard containing such advertise- 
 ment to remain upon one's premises. But nothing herein 
 shall prohibit manufacturers and wholesale druggists 
 holding permits to sell liquor from furnishing price lists, 
 with description of liquor for sale, to persons permitted 
 to purchase liquor, or from advertising alcohol in busi- 
 ness publications or trade journals circulating generally 
 among manufacturers of lawful alcoholic perfume, toilet 
 preparations, flavoring extracts, medicinal preparations, 
 and like articles: Provided, however, That nothing in 
 this Act or in the Act making appropriations for the 
 Post Office Department, approved March 3, 1917 (Thirty- 
 ninth Statutes at Large, Part 1, page 1058, et seq.), shall 
 apply to newspapers published in foreign countries when 
 mailed to this country. (41 Stat. L. 313.) 
 
 For Act of March 3, 1917, mentioned in the text, see 
 1918 Supp. Fed. Stat. Ann. 394. 
 
 Sec. 18. (Advertisements of things pertaining to manu- 
 facture of liquor.) It shall be unlawful to advertise, 
 manufacture, sell, or possess for sale any utensil, con- 
 trivance, machine, preparation, compound, tablet, sub- 
 stance, formula, direction, or receipt advertised, designed, 
 or intended for use in the unlawful manufacture of in- 
 toxicating liquor. (41 Stat. L. 313.) 
 
 Sec. 19. (Soliciting liquor orders.) No person shall 
 solicit or receive, nor knowingly permit his employee to 
 solicit or receive, from any person any order for liquor 
 or give any information of how liquor may be obtained 
 in violation of this Act. (41 Stat. L. 313.)
 
 488 Federal Criminal Law Procedure. 
 
 Sec. 20. (Injuries resulting from intoxication — recov- 
 ery of damages.) Any person who shall be injured in 
 person, property, means of support, or otherwise by any 
 intoxicated person, or by reason of the intoxication of 
 any person, whether resulting in his death or not, shall 
 have a right of action against any person who shall, by 
 unlawfully selling to or unlawfully assisting in procuring 
 liquor for such intoxicated person, have caused or con- 
 tributed to such intoxication, and in any such action such 
 person shall have a right to recover actual and exemplary 
 damages. In case of the death of either party, the action 
 or right of action given by this section shall survive to 
 or against his or her executor or administrator, and the 
 amount so recovered by either wife or child shall be his 
 or her sole and separate property. Such action may be 
 brought in any court of competent jurisdiction. In any 
 case where parents shall be entitled to such damages, 
 either the father or mother may sue alone therefor, but 
 recovery by one of such parties shall be a bar to suit 
 brought by the other. (41 Stat. L. 313.) 
 
 Sec. 21. (Property when common nuisance — lien on 
 property.) Any room, house, building, boat, vehicle, 
 structure, or place where intoxicating liquor is manu- 
 factured, sold, kept, or bartered, in violation of this title, 
 and all intoxicating liquor and property kept and used 
 in maintaining the same, is hereby declared to be a com- 
 mon nuisance, and any person who maintains such a com- 
 mon nuisance shall be guilty of a misdemeanor and upon 
 conviction thereof shall be fined not more than $1,000 or 
 be imprisoned for not more than one year, or both. If 
 a person has knowledge or reason to believe that his 
 room, house, building, boat, vehicle, structure, or place 
 is occupied or used for the manufacture or sale of liquor 
 contrary to the provisions of this title, and suffers the 
 same to be so occupied or used, such room, house, build- 
 ing, boat, vehicle, structure, or place shall be subject to 
 a lien for and may be sold to pay all fines and costs as- 
 sessed against the person guilty of such nuisance for 
 such violation, and any such lien may be enforced by 
 action in any court having jurisdiction. (41 Stat. L. 313.)
 
 Intoxicating Liquors. 489 
 
 Sec. 22. (Abatement of nuisance — injunction.) An 
 action to enjoin any nuisance defined in this title may be 
 brought in the name of the United States by the Attorney 
 General of the United States or by any United States at- 
 torney or any prosecuting attorney of any state or any 
 subdivision thereof or by the commissioner or his depu- 
 ties or assistants. Such action shall be brought and tried 
 as an action in equity and may be brought in any court 
 having jurisdiction to hear and determine equity cases. 
 If it is made to appear by affidavits or otherwise, to the 
 satisfaction of the court, or judge in vacation, that such 
 nuisance exists, a temporary writ of injunction shall 
 forthwith issue restraining the defendant from conduct- 
 ing or permitting the continuance of such nuisance until 
 the conclusion of the trial. If a temporary injunction is 
 prayed for, the court may issue an order restraining the 
 defendant and all other persons from removing or in 
 any way interfering with the liquor or fixtures, or other 
 things used in connection with the violation of this Act 
 constituting such nuisance. No bond shall be required in 
 instituting such proceedings. It shall not be necessary for 
 the court to find the property involved was being unlaw- 
 fully used as aforesaid at the time of the hearing, but 
 on finding that the material allegations of the petition 
 are true, the court shall order that no liquor shall be 
 manufactured, sold, bartered, or stored in such room, 
 house, building, boat, vehicle, structure, or place, or any 
 part thereof. And upon judgment of the court ordering 
 such nuisance to be abated, the court may order that the 
 room, house, building, structure, boat, vehicle, or place 
 shall not be occupied or used for one year thereafter; but 
 the court may, in its discretion, permit it to be occupied 
 or used if the owner, lessee, tenant, or occupant thereof 
 shall give bond with sufficient surety, to be approved by 
 the court making the order, in the penal and liquidated 
 sum of not less than $500 or more than $1,000, payable to 
 the United States, and conditioned that intoxicating lio- 
 uor will not thereafter be manufactured, sold, bartered, 
 kept, or otherwise disposed of therein or thereon, and 
 that he will pay all fines, costs, and damages that may be
 
 490 Federal Criminal Law Procedure. 
 
 assessed for any violation of this title upon said property. 
 (41 Stat. L. 314.) 
 
 Sec. 23. (Person when guilty of nuisance — fees of 
 officers enforcing act — forfeiture of leases.) That any 
 person who shall, with intent to effect a sale of liquor, 
 by himself, his employee, servant, or agent, for himself or 
 any person, company or corporation, keep or carry around 
 on his person, or in a vehicle, or other conveyance what- 
 ever, or leave in a place for another to secure, any liquor, 
 or who shall travel to solicit, or solicit, or take, or accept 
 orders for the sale, shipment, or delivery of liquor in 
 violation of this title is guilty of a nuisance and may be 
 restrained by injunction, temporary and permanent, from 
 doing or continuing to do any of said acts or things. 
 
 In such proceedings it shall not be necessary to show 
 any intention on the part of the accused to continue such 
 violation if the action is brought within sixty days fol- 
 lowing any such violation of the law. 
 
 For removing and selling property in enforcing this 
 Act the officer shall be entitled to charge and receive the 
 same fee as the sheriff of the county would receive for 
 levying upon and selling property under execution, and 
 for closing the premises and keeping them closed a rea- 
 sonable sum shall be allowed by the court. 
 
 Any violation of this title upon any leased premises by 
 the lessee or occupant thereof shall, at the option of the 
 lessor, work a forfeiture of the lease. (41 Stat. L. 314.) 
 
 Sec. 24. (Violation of injunction — punishment for 
 contempt.) In the case of the violation of any injunction, 
 temporary or permanent, granted pursuant to the provi- 
 sions of this title, the court, or in vacation a judge there- 
 of, may summarily try and punish the defendant. The 
 proceedings for punishment for contempt shall be com- 
 menced by filing with the clerk of the court from which 
 such injunction issued information under oath setting out 
 the alleged facts constituting the violation, whereupon the 
 court or judge shall forthwith cause a warrant to issue 
 under which the defendant shall be arrested. The trial 
 may be had upon affidavits, or either party may demand 
 the production and oral examination of the witnesses.
 
 Intoxicating Liquors. 491 
 
 Any person found guilty of contempt under the provi- 
 sions of this section shall be punished by a line of not 
 less than $500 or more than $1,000, or by imprisonment of 
 not less than thirty days nor more than twelve months, or 
 by both fine and imprisonment. (41 Stat. L. 315.) 
 
 Sec. 25. (Possession of liquor or property designed 
 for manufacture — search warrants.) It shall be unlawful 
 to have or possess any liqnor or property designed for 
 the manufacture of liqnor intended for use in violating 
 this title or which has been so used, and no proper ty, 
 rights shall exist in any such liquor or property. A search 
 warrant may issue as provided in Title XT of public law 
 numbered 24 of the Sixty-fifth Congress, approved June 
 15, 1917, and such liquor, the containers thereof, and such 
 property so seized shall be subject to.such disposition as 
 the court may make thereof. If it is found that s 1 " 1 ' 
 liquor or property was so unlawfully held or possessed, 
 or had been so unlawfully used, the liquor, and all prop- 
 erty designed for the unlawful manufacture of liquor, 
 shall be destroyed, unless the court shall otherwise order. 
 No search warrant shall issue to _sear ch any private 
 dwelling occupied as such unless it is being used for the 
 unlawful sale of intoxicating liquor, or unless it is in 
 jmrl^used for some business purpose such as a store, shop, 
 saloon, restaurant, hotel, or boarding house. The term 
 "private dwelling" shall be construed to include the room 
 or rooms used and occupied not transiently but solely as 
 a residence in an apartmenl house, hotel, or boarding 
 house. The property seized on any such warrant shall not 
 be taken from the officer seizing the same on any writ of 
 replevin or other like process. (41 Stat. L. 315.) 
 
 For Act of June 15, 1917, Title XI, mentioned in the 
 text, see 1918 Supp. Fed. Stat. Ann. 128. 
 
 Sec. 26. (Transportation of liquor unlawfully — seiz- 
 ure of vehicle or conveyance.) When the commissioner, 
 his assistants, inspectors, or any officer of the law shall 
 discover any person in the act of transporting in violation 
 of the law, intoxicating liquors in any wagon, buggy, au- 
 tomobile, water or air craft, or other vehicle, it shall 
 be his duty to seize any and all intoxicating liquors found
 
 492 Federal Criminal Law Procedure. 
 
 therein being transported contrary to law. Whenever 
 intoxicating liquors transported or 'possessed illegally 
 shall be seized by an officer he shall take possession of 
 the vehicle and team or automobile, boat, air or water 
 craft, or any other conveyance, and shall arrest any per- 
 son in charge thereof. Such officer shall at once proceed 
 against the person arrested under the provisions of this 
 title in any court having competent jurisdiction; but 
 the said vehicle or conveyance shall be returned to the 
 owner upon execution by him of a good and valid bond, 
 with sufficient sureties, in the sum double the value of 
 the property, which said bond shall be approved by said 
 officer and shall be conditioned to return said property 
 to the custody of said officer on the day of trial to abide 
 the judgment of the court. The court upon conviction 
 of the person so arrested shall order the liquor destroyed, 
 and unless good cause to the contrary is shown by the 
 owner, shall order a sale by public auction of the prop- 
 erty seized, and the officer making the sale, after deduct- 
 ing: the expenses of keening the property, the fee for the 
 seizure, and the cost of the sale, shall pav all liens, ac- 
 cord in ar to their priorities, which are established, by in- 
 tervention or otherwise at said hearing or in other pro- 
 ceeding brought for said purpose, as being bona fide 
 and as having been created without the lienor having 
 any notice that the carrying vehicle was being used or 
 was to be used for illegal transportation of liouor, and 
 shall pav the balance of the nrooeeds into the Treasurv 
 of the United States as miscellaneous receipts. All liens 
 ae-ainst nroperty sold under the nrovisions of this sec- 
 tion shall be transferred from the property to the pro- 
 ceeds of the sale of the nronertv. Tf, however, no one 
 shall be found claimin 0, the team, vphiele. water or air 
 craft, or automobile, the takinor of the same, with a 
 de«eription thereof, shall be advertised in some news- 
 paper published in the citv or county where taken or if 
 there be no newspaper published in such city or county, 
 in a newsnaper haviner circulation in the county, once a 
 week for two weeks and bv handbills r>osted in three 
 public places near the place of seizure, and if no claimant
 
 Intoxicating Liquors. 493 
 
 shall appear within ten days after the last publication of 
 the advertisement, the property shall be sold and the pro- 
 ceeds after deducting the expenses and costs shall be 
 paid into the Treasury of the United States as miscel- 
 laneous receipts. (41 Stat. L. 315.) 
 
 Sec. 27. (Disposition of seized liquors.) In all cases 
 in which intoxicating liquors may be subject to be des- 
 troyed under the provisions of this Act the court shall 
 have jurisdiction upon the application of the United 
 States attorney to order them delivered to any depart- 
 ment or agency of the United States Government for 
 medicinal, mechanical, or scientific uses, or to order the 
 same sold at private sale for such purposes to any per- 
 jsonTnaVing a permit to purchase liquor the proceeds to 
 be covered into the Treasury of the United States to 
 the credit of miscellaneous receipts, and all liquor here- 
 tofore seized in any suit or proceeding brought for vio- 
 lation of the law may likewise be so disposed of, if not 
 claimed within sixty days from the date this section takes < 
 effect. (41 Stat. L* 316'.) 
 
 Sec. 28. (Enforcement by Commissioner of Internal 
 Revenue and assistants — power conferred.) The commis- 
 sioner, his assistants, agents and inspectors, and all other 
 officers of the United States, whose duty it is to enforce 
 criminal laws, shall have all the power and protection 
 in the enforcement of this Act or any provisions thereof 
 which is conferred by law for the enforcement of exist- 
 ing laws relating to the manufacture or sale of intoxi- 
 cating liquors under the law of the United States. (41 
 "Slat. L. 316.) 
 
 Sec. 29. (Violations of act — penalties.) Any person 
 who manufactures or sells liquor in violation of this 
 title shall for a first offense be fined not more than $1,000 
 or imprisoned not exceeding six months, and for a second 
 or subsequent offense shall be fined not less than $200 
 nor more than $2,000 and be imprisoned not less than 
 one month nor more than five years. 
 
 Any person violating the provisions of any permit, 
 or who makes any false record, report, or affidavit re-
 
 4:94 Federal Criminal Law Procedure. 
 
 quired by this title, or violates any of the provisions of 
 this title, for which offense a special penalty is not pre- 
 scribed, shall be fined for a first offense not more than 
 $500; for a second offense not less than $100 nor more 
 than $1,000 or be imprisoned not more than ninety days; 
 for any subsequent offense he shall be fined not less than 
 $500 and be imprisoned not less than three months nor 
 more than two years years. It shall be the duty of the 
 prosecuting officer to ascertain whether the defendant has 
 been previously convicted and to plead the prior con- 
 viction in the affidavit, information, or indictment. The 
 penalties provided in this Act against the manufacture 
 of liquor without a permit shall not apply to a person 
 for manufacturing nonintoxicating cider and fruit juices 
 exclusively for use in his home, but such cider and fruit 
 juices shall not be sold or delivered except to persons 
 having permits to manufacture vinegar. 41 Stat. L. 
 316.) 
 
 Sec. 30. (Evidence — witnesses — incriminating testi- 
 mony.) No person shall be excused, on the ground that 
 it may tend to incriminate him or subject him to a pen- 
 alty or forfeiture, from attending and testifying, or pro- 
 ducing books, papers, documents, and other evidence in 
 obedience to a subpoena of any court in any suit or pro- 
 ceeding based upon or growing out of any alleged vio- 
 lation of this Act; but no natural person shall be prose- 
 cuted or subjected to any penalty or forfeiture for or 
 on account of any transaction, matter, or thing as to 
 which, in obedience to a subpoena and under oath, he 
 may so testify or produce evidence, but no person shall 
 be exempt from prosecution and punishment for per- 
 jury committed in so testifying. (41 Stat. L. 317.) 
 
 Sec. .31. (Unlawful sale of liquor — venue of prosecu- 
 tion.) 
 
 In case of a sale of liquor where the delivery thereof 
 was made by a common or other carrier the sale and de- 
 livery shall be deemed to be made in the county or dis- 
 trict wherein the delivery was made by such carrier to the 
 consignee, his agent or employee, or in the county or 
 district wherein the sale was made, or from which the
 
 Intoxicating Liquors. 4!).") 
 
 shipment was made, and prosecution for such sale or 
 delivery may be had in any such county or district. (41 
 Stat. L. 317.') 
 
 Sec. 32. (Affidavit, information or indictment — suffi- 
 ciency — separate offenses — bill of particulars.) 
 
 In any affidavit, information, or indictment for the vio- 
 lation of this Act, separate offenses may be united in sep 
 arate counts and the defendant may be tried on all at 
 one trial and the penalty for all offenses may be imposed. 
 It shall not be necessary in any affidavit, information, 
 or indictment to give the name of the purchaser or to 
 include any defensive negative averments, but it shall 
 be sufficient to state that the act complained of was then 
 and there prohibited and unlawful, but this provision 
 shall not be construed to preclude the trial court from 
 directing the furnishing the defendant a bill of particu- 
 lars when it deems it proper to do so. (41 Stat. L. 317.) 
 
 Sec. 33. (Possession of liquor — presumption — arising 
 — report — possession in private dwelling.) After Febru- 
 ary 1, 1920, the possession of liquors by any person not 
 legally permitted under this title to possess liquor shall be 
 prima facie evidence that such liquor is kept for the pur- 
 pose of being sold, bartered, exchanged, given away, fur- 
 nished, or otherwise disposed of in violation of the pro- 
 visions of this title. Every person legally permitted 
 under this title to have liquor shall report to a commis- 
 sioner within ten days after the date when the Eighteenth 
 Amendment to the Constitution of the United States goes 
 into effect, the kind and amount of intoxicating liquors 
 in his possession. But it shall not be unlawful to possess 
 liquors in one's private dwelling while the same is oc- 
 cupied and used by him as his dwelling only and such 
 liquor need not be reported, provided such liquors are 
 for use only for the personal consumption of the owner 
 thereof and his family residing in such dwelling and of 
 Ins bona fide guests when entertained by him therein; 
 and the burden of proof shall be upon the possessor in 
 any action concerning the same to prove that such liquor 
 was lawfully acquired, possessed, and used. (41 Stat. 
 L. 317.)
 
 496 Federal Criminal Law Procedure. 
 
 Sec. 34. (Records and reports — inspection — evidence 
 — copies.) All records and reports kept or filed under the 
 provisions of this Act shall be subject to inspection at 
 any reasonable hour by the commissioner or any of his 
 agents or by any public prosecutor or by any person 
 designated by him, or by any peace officer in the State 
 where the record is kept, and copies of such records and 
 reports duly certified by the person with whom kept or 
 filed may be introduced in evidence with like effect as 
 the originals thereof, and verified copies of such records 
 shall be furnished to the commissioners when called for. 
 (41 Stat. L. 317.) 
 
 Sec. 35. (Effect of Act on existing legislation — liquor 
 taxes and penalties — compromising civil causes.) All 
 provisions of law that are inconsistent with this Act are 
 repealed only to the extent of such inconsistency and the 
 regulations herein provided for the manufacture or traf- 
 fic in intoxicating liquor shall be construed as in addition 
 to existing laws. This Act shall notj^elieve anyone from 
 paying any taxes or other charges imposed upon the 
 manufacture or traffic in such liquor. No liquor revenue 
 stamps or tax receipts for any illegal manufacture or 
 sale shall be issued in advance, but upon evidence of such 
 illegal manufacture or sale a tax shall be assessed against 
 and collected from the person responsible for such il- 
 legal manufacture or sale in double the amount now 
 provided by law, with an additional penalty of $500 on 
 retail dealers and $1,000 on manufacturers. The pay- 
 ment of such tax or penalty shall give no right to engage 
 in the manufacture or sale of such liquor, or relieve any- 
 one from criminal liability, nor shall this Act relieve any 
 person from any liability, civi lor criminal, heretofore or 
 hereafter incurred under existing laws. 
 
 The Commissioner, with the approval of the Secretary 
 of the Treasury, may compromise any civil cause arising 
 under this title before bringing action in court; and with 
 the approval of the Attorney General he may compromise 
 any such cause afteraction thereon has been commenced. 
 (41 Stat. L. 317.) 
 
 Sec. 36. (Invalidity of part of Act — effect as to re- 
 mainder.)
 
 Intoxicating Liquors. 497 
 
 If any provision of this Act shall be held invalid it 
 shall not be construed to invalidate other provisions of 
 the Act. (41 Stat. L. 318.) 
 
 Sec. 37. (Effect of Act on liquor already manufac- 
 tured — manufacture of low per cent, alcoholic beverages 
 — tax.) Nothing herein shall prevent the storage in Unit- 
 ed States bonded warehouses of all liquor manufactured 
 prior to the taking effect of this AclTor prevent the trans- 
 portation of such liquor to_ such warehouse or to any 
 wholesale druggist for sale to such druggist for purpose 
 not prohibited when the tax is paid, and permits may be 
 issued therefor. 
 
 A manufacturer of any beverage containing less than 
 one-half of 1 per centum of alcohol by volume may, on 
 making application and giving such bond as the commis- 
 sioner shall prescribe, be given a permit to develop in 
 the manufacture thereof by the usual methods of fer- 
 mentation and fortification or otherwise a liquid such as 
 beer, ale, porter, or wine, containing more than one-half 
 of 1 per centum of alcohol by volume, but before any such 
 liquid is withdrawn from the factory or otherwise dis- 
 posed of the alcoholic contents thereof shall under such 
 rules and regulations as the commissioner may prescribe 
 be reduced below such one-half of 1 per centum of alco- 
 hol: Provided, That such liquid may be removed and 
 transported, under bond and under such regulations as 
 the commissioner may prescribe, from one bonded plant 
 or warehouse to another for the purpose of having the 
 .alcohol extracted therefrom. And such liquids may be 
 developed, under permit, by persons other than the manu- 
 facturers of beverages containing less than one-half of 1 
 per centum of alcohol by volume, and sold to such manu- 
 facturers for conversion into such beverages. The al- 
 cohol removed from such liquid, if evaporated and not 
 condensed and saved, shall not be subject to tax; if 
 saved, it shall be subject to the same law as other al- 
 coholic liquors. Credit shall be allowed on the tax 
 due on anv alcohol so saved to the amount of any tax 
 paid upon distilled spirits or brandy used in the fortifica- 
 tion of the liquor from which the same is saved. 
 
 When fortified wines are made and used for the pro- 
 
 32
 
 498 Federal Criminal Law Procedure. 
 
 duction of nonbeverage alcohol, and dealcoholized wines 
 containing less than one-half of 1 per centum of alcohol 
 by volume, no tax shall be assessed or paid on the spirits 
 used in such fortification, and such dealcoholized wines 
 produced under the provisions of this Act, whether car- 
 bonated or not, shall not be subject to the tax on arti- 
 ficially carbonated or sparkling wines, but shall be sub- 
 ject to the tax on still wines only. 
 
 In any case where the manufacturer is charged with 
 manufacturing or selling for beverage purposes any malt, 
 vinous, or fermented liquids containing one-lialf of 1 per 
 centum or more of alcohol by volume, or' in any case 
 where the manufacturer, having been permitted by the 
 commissioner to develop a liquid such as ale, beer, porter, 
 or wine containing more than one-half of 1 per centum of 
 alcohol by volume in the manner and for the purpose 
 herein provided, is charged with failure to reduce the 
 alcoholic content of any such liquid below such one-half 
 of 1 per centum before withdrawing the same from the 
 factory, then in either such case the burden of proof shall 
 be on such manufacturer, to show that such liquid so 
 manufactured, sold, or withdrawn contains less than one- 
 half of 1 per centum of alcohol by volume. In any suit 
 or proceeding involving the alcoholic content of any 
 beverage, the reasonable expense of analysis of such bever- 
 age shall be taxed as costs in the case. (41 Stat. L. 318.) 
 
 Sec. 38. (Employees to enforce provisions of Act — 
 appointment — civil service.) The Commissioner of In- 
 ternal Revenue and the Attorney General of the United 
 States are hereby respectively authorized to appoint and 
 employ such assistants, experts, clerks, and other em- 
 ployees in the District of Columbia or elsewhere, and to 
 purchase such supplies and equipment as they may deem 
 necessary for the enforcement of the provisions of this 
 Act, but such assistants, experts, clerks, and other em- 
 ployees, except^ such executive officers as may be ap- 
 pointed by the Commissioner or the Attorney General to • 
 have immediate direction of the enforcement of the pro- 
 visions of this Act, and persons authorized to issue per- 
 mits, and agents and inspectors in th field service, shall 
 be appointed under the rules and regulations prescribed
 
 Intoxicating Liquors. 499 
 
 by the Civil Service Act: Provided, That the Commis- 
 sioner and Attorney General in making such appoint- 
 ments shall give preference to those who have served in 
 the military or naval sendee in the recent war, if other- 
 wise qualified, and there is hereby authorized to be ap- 
 propriated, out of any money in the Treasury not other- 
 wise appropriated, such sum as may be required for the 
 enforcement of the Act including personal services in the 
 District of Columbia, and for the fiscal year ending June 
 30, 1920, there is hereby appropriated^ out of any money 
 in the Treasury not otherwise appropriated, the sum of 
 $2,000,000 for the use of the Commissioner of Internal 
 Revenue and $100,000 for the use of the Department of 
 Justice for the enforcement of the provisions of this Act, 
 including personal services in the District of Columbia 
 and necessary printing and binding. (41 Stat. L. 319.) 
 
 Sec. 39. (Property of nonviolator of Act proceeded 
 against — summons.) In all cases wherein the property of 
 any citizen is proceeded against or wherein a judgment 
 effecting it might be rendered, and the citizen is not the 
 one who in person violated the provisions of the law, 
 sulnrnbns must be issued in due form and served person- 
 allv, if said person is to be found within the jurisdiction 
 of the court. (41 Stat. L. 319.) 
 
 Title III. 
 
 Industrial Alcohol. 
 
 Sec. 1. ( Terms defined — ' ' alcohol " — " container. ' ' ) 
 When used in this title — 
 
 The term "alcohol" means that substance known as 
 ethyl alcohol, hydrated oxide of ethyl, of spirit of wine, 
 from whatever source of whatever processes produced. 
 
 The term "container" includes any receptacle, vessel, 
 or form of package, tank, or conduit used or capable of 
 use or holding, storing, transferring, or shipment of al- 
 cohol. (41 Stat. L. 319.) 
 
 Industrial Alcohol Plants and Warehouses. 
 
 Sec. 2. (Alcohol plants — bonding.) Any person now 
 producing alcohol shall, within thirty days after the pas- 
 sage of this Act, make application to the commissioner for
 
 500 Federal Criminal Law Procedure. 
 
 registration of his industrial alcohol plant, and as soon 
 thereafter as practicable the premises shall be bonded 
 and permit may issue for the operation of such plant, and 
 any person hereafter establishing a plant for the pro- 
 duction of alcohol shall likewise before operation make 
 application, file bond, and receive permit. (41 Stat. L. 
 319.) 
 
 Sec. 3. (Warehouses — bonding — entry, storage and 
 withdrawal of alcohol — regulations.) Warehouses for 
 the storage and distribution of alcohol to be used ex- 
 clusively for other than beverage purposes may be es- 
 tablished upon filing of application and bond, and is- 
 suance of permit at such places, either in connection with 
 the manufacturing plant or elsewhere, as the commis- 
 sioner may determine; and the entry and storage of 
 alcohol therein, and the withdrawals of alcohol therefrom 
 shall be made in such containers and by such means as 
 the commissioner by regulation may prescribe. (41 Stat. 
 L. 319.) 
 
 Sec. 4. (Transfer of alcohol from one plant or ware- 
 house to another.) Alcohol produced at any registered 
 industrial alcohol plant or stored in any bonded ware- 
 house may be transferred under regulations to any other 
 registered industrial alcohol plant or bonded warehouse 
 for any lawful purpose. (41 Stat. L. 320.) 
 
 Sec. 5. (Taxes on alcohol — lien.) Any tax imposed 
 by law upon alcohol shall attach to such alcohol as soon 
 as it is in existence as such, and all proprietors of in- 
 dustrial alcohol plants and bonded warehouses shall be 
 jointly and severally liable for any and all taxes on any 
 and all alcohol produced thereat or stored therein. Such 
 taxes shall be a first lien on such alcohol and the prem- 
 ises and plant in which such alcohol is produced or stored, 
 together with all improvements and appurtenances there- 
 unto belonging or in any wise appertaining. (41 Stat. L. 
 320.) 
 
 Sec. 6. (Effect of constitutional amendment on dis- 
 tilled spirits in bonded warehouses — disposition.) Any 
 distilled spirits produced and fit for beverage purposes 
 remaining in any bonded warehouse on or before the date 
 when the Eighteenth Amendment of the Constitution of
 
 Intoxicating Liquors. '501 
 
 the United States goes into effect, may, under regula- 
 tions, be withdrawn therefrom, either for denaturation 
 at any bonded denaturing plant or for deposit in a bonded 
 warehouse established under this Act; and when so with- 
 drawn, if not suitable as to proof, purity, or quality for 
 other than beverage purposes, such distilled spirits shall 
 be redistilled, purified, and changed in proof so as to 
 render such spirits suitable for other purposes, and hav- 
 ing been so treated may thereafter be denatured or sold 
 in accordance with the provisions of this Act. (41 Stat. 
 L. 320.) 
 
 Sec. 7. (Distilleries or bonded warehouses heretofore 
 legally established — disposition.) Any distillery or bond- 
 ed warehouse heretofore legally established may, upon 
 filing application and bond and the granting of permit, 
 be operated as an industrial alcohol plant or bonded 
 warehouse under the provisions of this title and regula- 
 tions made thereunder. (41 Stat. L. 320.) 
 
 Sec. 8. (Alcohol how made — use and disposition.) 
 Alcohol may be produced at any industrial alcohol plant 
 established under the provisions of this title, from any 
 raw materials or by any process suitable for the produc- 
 tion of alcohol, and, under regulations, may be used at 
 any industrial alcohol plant or bonded warehouse or sold 
 or disposed of for any lawful purpose, as in this Act 
 provided. (41 Stat. L. 320.) 
 
 Sec. 9. (Exemption of plants and warehouses from 
 certain statutory provisions. ) Industrial alcohol plants 
 and bonded warehouses established under the provisions 
 of this title shall be exempt from the provisions of sec- 
 tions 3154, 3244, 3258, 3259, 3260, 3263, 3264, 3266, 3267, 
 3268, 3269, 3271, 3273, 3274, 3275, 3279, 3280, 3283, 3284, 
 3285, 3286, 3287, 3288, 3289, 3290, 3291, 3292, 3293, 3294, 
 3295, 3302, 3303, 3307, 3308, 3309, 3310, 3311, 3312, 3313, 
 3314, and 3327, of the Revised Statutes; sections 48 to 
 60, inclusive, and sections 62 and 67 of the Act of August 
 27, 1894 (Twenty-eight Statutes, pages 563 to 568), and 
 from such other provisions of existing laws relating to 
 distilleries and bonded warehouses as may, by regula- 
 tions, be declared inapplicable to industrial alcohol plants 
 and bonded warehouses established under this Act.
 
 502 Federal Criminal Law Procedure. 
 
 Regulations may be made embodying any provisions of 
 the sections above-enumerated. (41 Stat. L. 320.) 
 
 See the title Internal Revenue in 3 Fed. Stat. Ann. (2d 
 ed.) 954, 3 Fed. Stat. Ann. (1st ed.) 540, for the statutes 
 mentioned in the text. 
 
 Tax-Free Alcohol. 
 
 Sec. 10. (Denaturing plants — establishment — sale of 
 denatured alcohol tax-free — distilled vinegar.) Upon the 
 filing of an application and bond and issuance of permit 
 denaturing plants may be established upon the premises 
 of any industrial alcohol plant, or elsewhere, and shall 
 be used exclusively for the denaturation of alcohol by 
 the admixture of such denaturing materials as shall ren- 
 der the alcohol, or any compound in which it is authorized 
 to be used, unfit for use as an intoxicating beverage. 
 
 Alcohol lawfully denatured may, under regulations, be 
 sold free of tax either for domestic use or for export. 
 
 Nothing in this Act shall be construed to require manu- 
 facturers of distilled vinegar to raise the proof of any 
 alcohol used in such manufacture or to denature the same. 
 (41 Stat. L. 320.) 
 
 Sec. 11. (Withdrawals of alcohol tax free.) Alcohol 
 produced at any industrial alcohol plant or stored in any 
 bonded warehouse may, under regulations, be withdrawn 
 tax free as provided by existing law from such plant 
 or warehouse for transfer to any denaturing plant for 
 denaturation, or may, under regulations, before or after 
 denaturation, be removed from any such plant or ware- 
 house for any lawful tax-free purpose. 
 
 Spirits of less proof than one hundred and sixty de- 
 grees may, under regulations, be deemed to be alcohol for 
 the purpose of denaturation, under the provisions of this 
 title. 
 
 Alcohol may be withdrawn, under regulations, from 
 any industrial plant or bonded warehouse tax free by 
 the United States or any governmental agency thereof, 
 or by the several States and Territories or any munici- 
 pal subdivision thereof or by the District of Columbia, 
 or for the use of any scientific university or college of 
 learning, any laboratory for use exclusively in scienitfic 
 research, or for use in any hospital or sanatorium,
 
 Intoxicating Liquors. 50o 
 
 But any person permitted to obtain alcohol tax free, 
 except the United States and the several States and Ter- 
 ritories and subdivisions thereof, and the District of Co- 
 lumbia, shall first apply for and secure a permit to pur- 
 chase the same and give the bonds prescribed under title 
 II of this Act, but alcohol withdrawn for nonbeverage 
 purposes for the use of the United States and the several 
 States, Territories and subdivisions thereof, and the Dis- 
 trict of Columbia may be purchased and withdrawn sub- 
 ject only to such regulations as may be prescribed. (41 
 Stat. L. 321.) 
 
 General Provisions. 
 
 Sec. 12. (Additional penalties.) The penalties pro- 
 vided in this title shall be in addition to any penalties 
 provided in title 2, of this Act, unless expressly otherwise 
 therein provided. (41 Stat. L. 321.) 
 
 Sec. 13. (Regulations by Commissioner of Internal 
 Revenue.) The commissioner shall from time to time 
 issue regulations respecting the establishment, bonding, 
 and operation of industrial alcohol plants, denaturing 
 plants, and bonded warehouses authorized herein, and 
 the distribution, sale, export, and use of alcohol which 
 may be necessary, advisable, or proper, to secure the rev- 
 enue, to prevent diversion of the alcohol to illegal uses, 
 and to place the nonbeverage alcohol industry and other 
 industries using such alcohol as a chemical raw material 
 or for other lawful purposes upon the highest possible 
 plane of scientific and commercial efficiency consistent 
 with the interest of the Government, and which shall 
 insure an ample supply of such alcohol and promote its 
 use in scientific research and the development of fuels, 
 dyes, and other lawful products. (41 Stat. L. 321.) 
 
 Sec. 14. (Loss of alcohol by evaporation, etc. — refund 
 of tax.) Whenever any alcohol is lost by evaporation or 
 other shrinkage, leakage, casualty, or unavoidable cause 
 during distillation, redistillation, denaturation, withdraw- 
 al, piping, shipment, warehousing, storage, packing, 
 transfer, or recovery, of any such alcohol the commis- 
 sioner may remit or refund any tax incurred under exist- 
 ing law upon such alcohol, provided he is satisfied that
 
 504 Federal Criminal Law Procedure. 
 
 the alcohol has not been diverted, to any illegal use: Pro- 
 vided, also, That such allowance shall not be granted 
 if the person claiming same is indemnified against such 
 loss by a valid claim of insurance. (41 Stat. L. 321.) 
 
 ec. 15. (Operators of industrial alcohol or denatur- 
 ing plants — violation of laws and regulations — penalty.) 
 whoever operates an industrial alcohol plant or a de- 
 naturing plant without complying with the provisions of 
 this title and lawful regulations made thereunder, or 
 whoever withdraws or attempts to withdraw or secure 
 tax free any alcohol subject to tax, or whoever otherwise 
 violates any of the provisions of this title or of regula- 
 tions lawfully made thereunder shall be liable, for the 
 first offense, to a penalty of not exceeding $1,000, or im- 
 prisonment not exceeding thirty days, or both, and for a 
 second, or, cognate offense to a penalty of not less than 
 $100 nor more than $10,000, and to imprisonment of not 
 less than thirty days nor more than one year. It shall be 
 lawful for the commissioner in all cases of second or 
 cognate offense to refuse to issue for a period of one year 
 a permit for the manufacture or use of alcohol upon the 
 premises of any person responsible in any degree for 
 the violation. (41 Stat. L. 321.) 
 
 Sec. 16. (Collection of taxes — assessment or stamp.) 
 Any tax payable upon alcohol under existing law may be 
 collected either by assessment or by stamp as regulations 
 shall provide; and if by stamp, regulations shall issue 
 prescribing the kind of stamp to be used and the manner 
 of affixing and canceling the same. (41 Stat. L. 322.) 
 
 Sec. 17. (Release of seized property.) When any 
 property is seized for violation of this title it may be 
 released to the claimant or to any intervening party, in 
 the discretion of the commissioner, on a bond given and 
 approved. (41 Stat. L. 322.) 
 
 Sec. 18. (Application of administrative laws to this 
 title.) All administrative provisions of internal-revenue 
 law, including those relating to assessment, collection, 
 abatement, and refund of taxes and penalties, and the 
 seizure and forfeiture of property, are made applicable 
 to this title in so far as they are not inconsistent with 
 the provisions thereof. (41 Stat. L. 322.)
 
 Intoxicating Liquoks. '505 
 
 Sec. 19. (Prior statutes relating to alcohol — repeal.) 
 All prior statutes relating to alcohol as defined in this 
 title are hereby repealed in so far as they are inconsistent 
 with the provisions of this title. (41 Stat. L. 322.) 
 
 Sec. 20. (Canal Zone — prohibition extended to — of- 
 fenses.) That it shall be unlawful to import or introduce 
 into the Canal Zone, or to manufacture, sell, give away, 
 dispose of, transport, or have in one's possession or under 
 one's control within the Canal Zone, any alcoholic, fer- 
 mented, brewed, distilled, vinous, malt, or spirituous liq- 
 uors, except for sacramental, scientific, pharmaceutical, 
 industrial, medicinal purposes, under regulations to be 
 made by the President, and any such liquors within the 
 Canal Zone in violation hereof shall be forfeited to the 
 United States and seized: Provided, That this section 
 shall not apply to liquor in transit through the Panama 
 Canal or on the Panama Railroad. 
 
 That each and every violation of any of the provisions 
 of this section shall be punished by a fine of not more 
 than $1,000 or imprisonment not exceeding six months 
 for a first offense, and by a fine not less than $200 nor 
 more than $2,000 and imprisonment not less than one 
 month nor more than five years for a second or subse- 
 quent offense. 
 
 That all offenses heretofore committed within the Ca- 
 nal Zone may be prosecuted and all penalties therefor 
 enforced in the same manner and to the same extent as 
 if this Act had not been passed. (14 Stat. L. 322.) 
 
 Sec. 21. (Act when in effect.) Titles I and III and 
 sections 1, 27, 37, and 38 of title II of this Act shall take ef- 
 fect and be in force from and after the passage and ap- 
 proval of the Act. The other sections of titlell shall take 
 effect and be in force from and after the date when the 
 eighteenth amendment of the Constitution of the Uuited 
 States goes into effect. (41 Stat. 322.) " 
 
 Sec. 1104. Decisions Under Different Provisions of 
 the Volstead Act. 
 
 There is some difference in the holding of the courts 
 with reference to the forfeiture features of the Act; the 
 following holding that the vehicle is forfeited even though 
 the owner of the vehicle did not know it was to be used
 
 506 Federal Criminal Law Procedure. 
 
 in the illegal transportation of liquor, under Sec. 3450 of 
 the Eevised Statutes, Compiled Statutes, Sec. 6352. Lo- 
 gan vs. U. S., 260 F. 746; U. S. vs. Mincey, 254 F. 287; 
 U. S. vs. Fenton, 268 F. 221; U. S. vs. One, 272 F. 188; 
 Shawnee vs. U. S., 249 F. 583; U. S. vs. Brockley, 266 
 F. 1001; U. S. vs. Burns, 270 F. 681; IT. S. vs. Masters, 
 264 F. 250; see also U. S. vs. One, 259 F. 645; U. S. vs. 
 One, 259 F. 641; U. S. vs. One, 257 F. 251; U. S. vs. Auto, 
 279 F. 891; Ford vs. U. S., 260 F. 657; 272 F. 491; U. S. 
 vs. One, 262 F. 375; 273 F. 253; 273 F. 275; U. S. vs. One 
 Machine, 267 F. 501; U. S. vs. Hydes, 267 F. 470; vehicle 
 , will be condemned when, U. S. vs. Burns, 270 F. 681. 
 
 The Act does not authorize the forfeiture of a steam- 
 ship, The Saxon, 269 F. 639. 
 
 The Act provides that the libeled carriage or property 
 may be released on bond, U. S. vs. Chevrolet, 267 F. 1021. 
 
 Auto us ed by chau ffeur for unlawful transportation 
 without owner's knowledge mav be forfeited. Lewis vs. 
 Me( 'ailliv, 274 F. 496; see also U. S. vs. One, 274 F. 473; 
 U. S. vs. One, 274 F. 470. 
 
 A suit cannot be maintained under section 3450, for the 
 forfeiture of a vehicle, since the enactment of the Na- 
 tional Prohibition Act, U. S. vs. One, 274 F. 926. 
 
 Sec. 1105. Volstead Act Repeals Some of Revenue 
 Laws. Upon the question of the repeal of existing in- 
 ternal revenue statutes by the Volstead Act there has 
 been some difference in the holding of the courts. 
 
 In U. S. vs. Sacein, 269 F. 33, it was held that the dis- 
 tillery law was not repealed by the Volstead Act; in 
 U. S. vs. Turner, 266 F. 248, it was held that the Volstead 
 Act did not repeal the statute which punishes for the re- 
 moval of untaxed liquors; in U. S. vs. Yuginni, 266 F. 
 746, it was held that the illicit distilling act was repealed 
 by the pro act, also in Sanford vs. U. S., 274 F. 369; in 
 Violette vs. Walsh, 272 F. 1014, it was held that the act 
 does not repeal the tax statutes as there was no presump- 
 tion that one was manufacturing for a forbidden purpose; 
 in Ketchum vs. U. S., 270 F. 416, it was held that the pro 
 act repeals many of the revenue acts; in ex parte Law- 
 rence, 273 F. 876, it was held that the pro act does not 
 repeal the revenue acts; in U. S. vs. Windham, 264 F. 376,
 
 Intoxicating Liquoks. 507 
 
 and Farley vs. U. S., 269 F. 721, it is held that the act 
 repeals certain of the revenue measures while the con- 
 trary is held in 269 F. 820; in U. S. vs. Stafoff, 268 F. 
 417 and U. S. vs. Puhac, 268 F. 392, it was held that the 
 act repeals the still and mash statutes. But see Duval 1 
 vs. Dyche, 275 F. 440. 
 
 In Tisch vs. U. S., 274 F. 208, it was held that the act 
 does not effect prior offenses. 
 
 Sec. 1106. Decisions Continued. 
 
 Inducing', etc., De Moss vs. U. S., 250 F. 87; Voves vs. 
 U. S., 249 F. 191. 
 
 The Volstead Act does not authorize the seizure of liq- 
 uor owned before the act and intended for personal use, 
 U. S. Supreme Court, November 8, 1920; 41 Sup. Ct. 
 Rep. 30. 
 
 The state may prohibit even for personal use since the 
 passage of the Webb-Kenyon Act, was held in Clark vs. 
 Express Company, U. S. Sup. Ct. Jan. 1917, but it is 
 questioned whether this applies to the Volstead Act. In 
 U. S. vs. Peterson, 268 F. 864, it was held that a con- 
 viction by a state court prevents a prosecution by the 
 United States for the same act. 
 
 For a definition of peace officers under the act see U. S. 
 vs. Viess, 273 F. 279. 
 
 A prohibition agent may hold an iron safe for a rea- 
 sonable time, when IT. S. vs. Metzger, 270 F. 291. 
 
 Prosecutions may be had under this law by informa- 
 tion, Young vs. U.'S., 272, F. 967. 
 
 The state may go more rigidly than does the federal 
 statutes, 270 F. 315. 
 
 Evidence secured by illegal search will not be allowed at 
 the trial, 267 F. 866, also see illegal search and seizure, 
 herein, under Art. 4 of the Constitution. 
 
 A penalty under the prohibition act must be collected\ 
 by suit and not by distress warrant, Kelly vs. Lewelling, 
 274 F. 112. 
 
 The eighteenth amendment was lawfully adopted, State 
 vs. Palmer, U. S. Sup. Ct. June, 1920; 40 Sup. Ct. Hep. 
 486; method of ratifying the amendment, Hawke vs. 
 Smith, 40 Sup. Ct. Rep. 495; the eighteenth amendment 
 does not abrogate the clue process provision of the con-
 
 508 Federal Criminal, Law Procedure. 
 
 stitution and there is no right to seize in the home, etc., 
 U. S. vs. Crossen, 264 F. 459. National pro. act is con- 
 stitutional, 274 F. 245. 
 
 A search warrant will not be issued on belief, etc., TJ. 
 J3. vs. Rydowski, 267 F. 866. 
 
 For right to search the person and also for possession 
 S see U. S. vs. Murphy, 264 F. 842, and Hunter vs. U. S., 
 264 F. 831. 
 
 For allegations necessary in an application for an in- 
 junction under the act see U. S. vs. Cohn, 268 F. 423. 
 
 Search warrant must be properly issued and cannot be 
 issued against John Doe, U. S. vs. Borkowski, 268 F. 408. 
 
 Preserved sweet cider, when U. S. vs. Dodsen, 268 F. 
 397. 
 
 Cider which exceeds the per cent is sold at the defend- 
 ant's peril since intent is not an element of the act, U. 
 S. vs. Mathie, 274 F. 225. 
 
 Illegal searches and seizures must not be used in evi- 
 dence, U. S. vs. Slusser, 270 F. 818. 
 
 The Alaska Act was not repealed by the Volstead Act, 
 Abbate vs. U. S., 270 F. 735. 
 
 Imprisonment may be imposed for the first offense, 
 Dusold vs. U. S., 270 F. 574. 
 
 For a discussion of the state power and effect on the 
 United States proceedings and vice versa see U. S. vs. 
 Holt, 270 F. 639 and ex parte Finegan, 270 F. 665. 
 
 Sec. 1107. Opium, or Cocoa Leaves, and Salts, De- 
 rivatives or Preparations, Continued. 
 
 The Act of February 24, 1919, C. 18, Sec. 1008, provides 
 for the forfeiture and confiscation of opium and cocoa 
 leaves and all of their salts and derivatives and com- 
 pounds when found in the possession of any person or 
 persons charged with any violation of the Act of October 
 1, 1890, as amended by the Acts of March 3, 1917, Feb- 
 ruary 9, 1919, and January 17, 1914, and December 17, 
 1914, provided such person Or persons be convicted. 
 
 The act also provides for the confiscation and forfeiture 
 of any of such drugs which may come into the possession 
 of the United States from unknown owners in the en- 
 forcement of said acts; the act provides that such drugs
 
 Intoxicating Liquors. 509 
 
 shall not be destroyed unless they are of no value for 
 medical or scientific purposes. 
 
 Sec. 1108. Narcotic Decisions. 
 
 Some confusion exists as to whether the exceptions 
 contained in the Act of December 17, 1914, Sec. 271 E, 
 shall be negatived in the indictment. In U. S. vs. Lowen- 
 thal, 257 F. 444, holds that the exceptions need not be 
 negatived while U. S. vs. Carney, 228 F. 163, holds that 
 they must be negatived; see also Thurston vs. U. S., 241 
 F. 335; U. S. vs. Darcy, 243 F. 739; U. S. vs. Hammers, 
 241 F. 542; U. S. vs. Jin, 225 F. 1003; Fyke vs. U. S., 
 254 F. 227; Oakes vs. U. S., 260 F. 830; the statute with 
 the exception, of section 8 thereof, is constitutional, U. 
 S. vs. Jin, 253 F. 213; Fyke vs. U. S., 254 F. 227; Baldwin 
 vs. U. S., 238 F. 794; U. S. vs. Jin, 241 U. S., 394; U. S. 
 vs. Doremus, U. S. Sup. Ct. March 3, 1919; that parts of 
 the act are unconstitutional, U. S. vs. Denker, 255 F. 339; 
 Blunt vs. U. S., 255 F. 332. 
 
 This act, the act of 1914, does not interfere with the 
 older statutes relating to opium, Gwee Woe vs. IT. S., 250 
 F. 428. 
 
 The act of Jan. 17, 1914, advised penalties for importa- 
 tion and for sending to China opium, pages 2011-13, 
 Barnes 1919 Code. 
 
 The state can also regulate the opium traffic or dealings 
 in narcotics, State vs. Mortinson, 41 Sup. Ct. Rep. 425. 
 
 It is not necessary to allege the defrauding of the gov- 
 ernment in an indictment, Hovt vs. U. S., 273 F. 792; 
 Barbot vs. U. S., 273 F. 919. 
 
 It was not intended that the act should punish for pos- 
 session for one's personal use, U. S. vs. Woods, 224 F. 
 278; Pierriero vs. U. S., 271 F. 912; U. S. vs. Jin Fuev 
 Moy, Sup. Ct. U. S. Oct. Term, 1915; 241 U. S., 394; U. 
 S. vs. Ah Hung, 243 F. 762; U. S. vs. Wilson, 225 F. 82.^ 
 
 For cases treating of a conspiracy to violate this sec- 
 tion and to import see Proffitt vs. U. S., 264 F. 299; Wal- 
 lace vs. U. S., 243 F. 300; Shepard vs. U. S., 236 F. 73. 
 
 The act relates to and covers "every person," Wilson 
 vs. U. S., 229 F. 344. 
 
 The court will take judicial notice that opium is not 
 grown in the United States, U. S. vs. Brown, 224 F. 135, 
 but see Contra 241 U. S. 399.
 
 510 Federal Criminal Law Procedure. 
 
 The writing of prescriptions is not a violation, Fore- 
 man vs. U. S., 255 F. 621; U. S. vs. Doremus, 246 F. 958; 
 Hughes vs. U. S., 253 F. 543; U. S. vs. Reynolds, 244 F. 
 991. 
 
 But such prescription must be in good faith and must 
 not in fact be a method for selling, if so such course would 
 constitute a violation, Jin Foey Moy vs. U. S., 41 Sup. 
 Ct. Eep. 98; U. S. vs. Charter, 227 F. 331; Tucker vs. 
 Williamson, 229 F. 201; U. S. vs. Curtis, 229 F. 288; U. 
 S. vs. Hoyt, 255 F. 927; Webb vs. U. S., IT. S. Sup. Ct. 
 March 1919; Melanson vs. U. S., 256 F. 783; Doremus 
 vs. U. S., 262 F. 849; Trader vs. U. S., 260 F. 923. 
 
 For a failure to keep duplicate orders see 237 F. 730; 
 a physician who keeps for his "own use" not in violation, 
 U. S. vs. Parsons, 261 F. 223; an offense may be based on 
 a single sale, Hosier vs. U. S., 260 F. 155. 
 
 An indictment which charges sales and quantities to 
 persons unknown held sufficient in Gregory vs. U. S., 272 
 F. 119; for an indictment decision see Stetson vs. U. S., 
 257 F. 689; also U. S. vs. Friedman, 224 F. 276; also a 
 druggist is not always protected by a prescription. It 
 must be shown to be in good faith, Friedman vs. U. S., 
 260 F. 388. 
 
 For form of indictment for sale in "original" package 
 see Dean vs. U. S., 266 F. 694.
 
 CHAPTER XIII. 
 
 SLAVE TRADE AND PEONAGE. 
 
 § 272. Legislation Founded on Amendments. 
 
 273. Confining or Detaining Slaves on Board Vessel. 
 
 274. Seizing Slaves on Foreign Shore. 
 
 275. Bringing Slaves Into the United States. 
 
 276. Equipping Vessels for Slave Trade. 
 
 277. Transporting Persons to be held as Slaves. 
 
 278. Hovering on Coast With Slaves on Board. 
 
 279. Serving in Vessels Engaged in Slave Trade. 
 
 280. Receiving or Carrying Away any Person to be Held as a 
 
 Slave. 
 
 281. Equipping, Etc., Vessels for Slave Trade. 
 
 282. Penalty on Persons Building, Equipping, Etc., Vessels. 
 
 283. Forfeiture of Vessel Transporting Slaves. 
 
 284. Receiving Persons on Board to be Sold as Slaves. 
 
 285. Vessel Found Hovering on Coast. 
 
 286. Forfeiture of Interest in Vessels Transporting Slaves. 
 
 287. Seizure of Vessels Engaged in the Slave Trade. 
 
 288. Proceeds of Condemned Vessels — How Distributed. 
 
 289. Disposal of Persons Found on Board Seized Vessels. 
 
 290. Apprehension of Officers and Crew. 
 
 291. Removal of Persons Delivered from Seized Vessels. 
 
 292. To What Port Captured Vessel Sent. 
 
 293. When Owners of Foreign Vessels Shall Give Bond. 
 
 294. Instructions to Commanders of Armed Vessels. 
 
 295. Kidnapping. 
 
 296. Holding or Returning to Peonage. 
 
 296a. Involuntary Servitude, Etc., — Meaning of. 
 
 297. Obstructing Execution of Above. 
 
 298. Bringing Kidnapped Persons Into the United States. 
 
 § 272. Closely akin to the offenses against the elective 
 franchise and civil rights of citizens heretofore treated in 
 Chapter X., are some of the offenses to be treated in this 
 chapter; both of which arise by reason of legislation 
 under the authority of the Thirteenth and Fourteenth 
 Amendments to the Constitution. 
 
 § 273. Confining or Detaining Slaves on Board Ves- 
 sel. — Section 5375 of the 1878 Statutes, is practically re- 
 enacted in the new Code, as Section 246, with the excep- 
 
 (511)
 
 512 Federal Criminal Law Procedure. 
 
 tion that the word "person" is substituted for the words 
 "negro or mulatto;" and such new section is as follows: 
 
 "See. 246. Whoever, being of the crew or ship's company of any- 
 foreign vessel engaged in the slave trade, or being of the crew or 
 ship's company of any vessel owned wholly or in part, or navigated 
 for or in behalf of any citizen of the United States, forcibly confines 
 or detains on board such vessel any person as a slave, or, on board 
 such vessel, offers or attempts to sell as a slave any such person, or 
 on the high seas, or anywhere on tide water, transfers or delivers to 
 any other vessel any such person with intent to make such person 
 a slave, or lands or delivers on shore from on board such vessel any 
 person with intent to make sale of, or having previously sold such 
 person as a slave, is a pirate, and shall be imprisoned for life." 
 
 In prosecutions under this section, it must be alleged 
 and shown that the defendant was one of the ship's com- 
 pany, and that he received or detained on board one or 
 more persons with intent to make slaves of them, or aided 
 and abetted others in doing so; and, of course, that he 
 was a citizen of the United States. United States vs. 
 Darnaud, 3 Wallace, Jr., 143. In United States vs. Wes- 
 terveldt, 5 Blatchf., 30, the Court said that there are four 
 descriptions of the offense to be found in this section: 
 first, a seizing the negroes, now "persons;" second, for- 
 cibly bringing and carrying them on board; third, de- 
 coying them; fourth, receiving them on board of the ves- 
 sel. 
 
 It is the intent to make a slave that constitutes the es- 
 sentials of the offense. Neither the seizing, nor forcibly 
 bringing or carrying, or receiving, a person on board, is 
 any offense without such intent. United States vs. Bat- 
 tiste, Second Summ., 240; United States vs. Libby, 1 W. 
 & M., 221; United States vs. Corrie, Brun. Col. Cases, 
 686, 25 Federal Case No. 14869. In the Westervelt case, 
 cited supra, the landing and seizing of negroes, and the 
 forcibly bringing and carrying them on board compre- 
 hended the use of force, and, therefore, the decoying of 
 them and the receiving them on board, do not constitute 
 force. 
 
 It is entirely immaterial, under the Westervelt case, 
 under U. S. vs. Brown, 24 Federal Case No. 14656, as to
 
 Slave Trade and Peonage. 513 
 
 the ownership of the vessel, if the defendant is an Ameri- 
 can citizen. 
 
 § 274. Seizing Slaves on Foreign Shore.— Old Section 
 5376 becomes Section 247 of the new Code, in the follow- 
 ing words: 
 
 "Sec. 247. Whoever, being of the crew or ship's company of any 
 foreign vessel engaged in the slave trade, or being of the crew or ship's 
 company of any vessel owned in whole or in part, or navigated for, or 
 o nbehalf of, any citizen of the United States, lands from such vessel, 
 and on any foreign shore, seizes any person with intent to make 
 such person a slave, or decoys, or forcibly brings, or carries, or 
 receives such person on board such vessel, with like intent, is a pir- 
 ate, and shall be imprisoned for life." 
 
 The substitution of the word "person" for the words 
 "negro or mulatto" is made in the new law. In the case 
 of the United States vs. Corrie, 25 Federal Cases, 658, 
 the Court held that even though a person was on board 
 the vessel who owned the negroes or mulattoes, he could 
 not be convicted or punished under this statute, unless 
 he was of the crew or ship's company. 
 
 § 275. Bringing Slaves Into the United States. — Old 
 Section 5377 becomes Section 248 of the new Code, with- 
 out substantial change, except that the words "negro 
 mulatto, or person of color" become simply the word 
 ' ' person : ' ' 
 
 "Sec. 248. Whoever brings within the jurisdiction of the United 
 States, in any manner whatsoever, any person from any foreign 
 kingdom or country, or from sea, or holds, sells, or otherwise dis- 
 poses of, any person so brought in, as a slave, or to be held to service 
 or labor, shall be fined not more than ten thousand dollars, one half 
 to the use of the United States and the other half to the use of the 
 party who prosecutes the indictment to effect; and, moreover, shall 
 be imprisoned not more than seven years." 
 
 § 276. Equipping Vessels for Slave Trade. — Section 
 5378 of the old statutes becomes Section 249 of the new 
 Code, with the change of the words "negro, mulatto, or 
 person of color ' ' to the word ' ' person : 
 
 >> 
 
 "Sec. 249. Whoever builds, fits out, equips, loads, or otherwise pre- 
 pares, or sends away, either as master, factor, or owner, any vessel, 
 in any port or place within the jurisdiction of the United States, or 
 33
 
 514 Federal Criminal Law Procedure. 
 
 causes such vessel to sail from any port or place whatsoever, within 
 such jurisdiction, for the purpose of procuring any person from any 
 foreign kingdom or country to be transported to any port or place 
 whatsoever, to be held, sold, or otherwise disposed of as a slave, or 
 held to service or labor, shall be fined not more than five thousand 
 dollars, one-half to the use of the United States and the other half to 
 the use of the person prosecuting the indictment to effect; and shall, 
 moreover, be imprisoned not more than seven years." 
 
 § 277. Transporting Persons to Be Held as Slaves. — 
 Section 5379 of the old Code becomes Section 250 of the 
 new Code in the following words: 
 
 "Sec. 250. Whoever, within the jurisdiction of the United States, 
 takes on board, receives, or transports from any foreign kingdom or 
 country, or from sea, any person in any vessel, for the purpose of 
 holding, selling, or otherwise disposing of such person as a slave, or 
 to be held to service or labor, shall be punished as prescribed in the 
 section last preceding." 
 
 The change in this section is made by the substitution 
 of the word "person" for the words "negro, mulatto, or 
 person of color." 
 
 § 278. Hovering on Coast With Slaves on Board. — 
 Section 5380 of the old statutes becomes Section 251 of 
 the new Code in the following words: 
 
 "Sec. 251. Whoever, being the captain, master, or commander of 
 any vessel found in any river, port, bay, harbor, or on the high seas, 
 within the jurisdiction of the United States, or hovering on the coast 
 thereof, having on board any person, for the purpose of selling such 
 person as a slave, or with intent to land such person for any such 
 purpose, shall be fined not more than ten thousand dollars and im- 
 prisoned not more than four years." 
 
 The change from the old to the new is the substitution 
 of the word "person" for the words "negro, mulatto, or 
 person of color." 
 
 § 279. Serving in Vessels Engaged in Slave Trade. — 
 Sections 5381 and 5382 of the old Code relate to slave 
 trade, and their salient points are comprehended in new 
 Section 252 in the following words: 
 
 "Sec. 252. Whoever, being a citizen of the United States, or other 
 person residing therein, voluntarily serves on board of any vessel em- 
 ployed or made use of in the transportation of slaves from any foreign
 
 Slave Trade and Peonage. 515 
 
 country or place to another, shall be fined not more than two thou- 
 sand dollars and imprisoned not more than two years." 
 
 § 280. Receiving or Carrying Away Any Person to Be 
 Sold or Held as a Slave.— Section 5524 of the old statutes 
 becomes Section 253 of the new Code, in the following 
 words: 
 
 "Sec. 253. Whoever, being the master or owner or person having 
 charge of any vessel, receives on board any other person, with the 
 knowledge or intent that such person is to be carried from any place 
 subject to the jurisdiction of the United States to any other place, 
 to be held or sold as a slave, or carries away from any place subject to 
 the jurisdiction of the United States any such person, with the intent 
 that he may be so held or sold as a slave, shall be fined not more than 
 five thousand dollars, or imprisoned not more than five years, or both." 
 
 § 281. Equipping, Etc. Vessels for Slave Trade. — 
 Section 5551 of the old statutes becomes Section 245 of 
 the new Code, as follows: 
 
 "Sec. 254. No person shall, for himself or for another, as master, 
 factor, or owner, build, fit, equip, load, or otherwise prepare any 
 vessel in any port or place within the jurisdiction of the United States, 
 or cause any vessel to sail from any port or place within the juris- 
 diction of the United States for the purpose of procuring any person 
 from any foreign kingdom, place, or country to be transported to any 
 port or place whatsoever, to be held, sold, or otherwise disposed of, 
 as a slave, or to be held to service or labor; and every vessel so 
 built, fitted out, equipped, laden, or otherwise prepared, with her 
 tackle, apparel, furniture, and lading, shall be forfeited; one moiety 
 to the use of the United States and the other to the use of the person 
 who sues for the forfeiture and prosecutes the same to effect." 
 
 A consideration of this section will be found in charge 
 to the grand jury, 30 Federal Case No. 18268, and 30 Fed- 
 eral Case 18269a. 
 
 In the case of in re Sah Quah, 31 Federal, 327, Judge 
 Dawson held that this legislation was founded upon the 
 Thirteenth Amendment to the Constitution, and that a 
 custom which prevailed among the uncivilized tribes of 
 Indians in Alaska, whereby slaves were bought and sold 
 and held in servitude against their will, even though such 
 Indians were not citizens of the United States, they were 
 dependent subjects, and that such custom and servitude 
 was contrary to this legislation, and contrary to the Thir-
 
 516 Federal Criminal Law Procedure. 
 
 tenth Amendment to the Constitution, and that a per- 
 son so held in slavery would be released by the Court 
 upon writ of habeas corpus. 
 
 § 282. Penalty on Persons Building, Equipping, Etc. 
 — Section 5552 of the old Revised Statutes becomes Sec- 
 tion 255 in the new Code, as follows: 
 
 "Sec. 255. Whoever so builds, fits out, equips, loads or otherwise 
 prepares or sends away any vessel, knowing or intending that the 
 same shall be employed in such trade or business, contrary to the 
 provisions of the section last preceding, or in any way aids or abets 
 therein, shall, besides the forfeiture of the vessel, pay the sum of 
 two thousand dollars; one moiety thereof to the use of the United 
 States and the other moiety thereof to the use of the person who sues 
 for and prosecutes the same to effect." 
 
 § 283. Forfeiture of Vessel Transporting Slaves. — 
 Section 5553 of the old statutes becomes Section 256 of 
 the new Code, as follows: 
 
 "Sec. 256. Every vessel employed in carrying on the slave trade 
 or on which is received or transported any person from any foreign 
 kingdom or country, or from sea, for the purpose of holding, selling 
 or otherwise disposing of such person as a slave, or holding such per- 
 son to service or labor, shall, together with her tackle, apparel, furni- 
 ture, and goods and effects which may be found on board, or which 
 may have been imported thereon in the same voyage, be forfeited; 
 one moiety to the use of the United States and the other to the use 
 of the person who sues for and prosecutes the forfeiture to effect." 
 
 In United States vs. Schooner, 2 Paine, 25 Federal 
 Cases, No. 14755; the "Mary Ann," 16 Federal Cases No. 
 9194; and the Charge of to the Grand Jury, 30 Federal 
 Cases, No. 18268, will be found a consideration of this 
 section. The 5 Opinion of the Attorneys General, page 
 724, also contains an opinion upon seizure for engaging 
 in the slave trade. 
 
 The change in this section consists in the substitution 
 of the word ' ' person ' ' for the words ' ' negro, mulatto, or 
 person of color." 
 
 § 284. Receiving Persons on Board to be Sold as 
 Slaves. — Old Section 554 becomes new Section 257 in 
 these words: 
 
 "Sec. 257. Whoever, being a citizen of the United States, takes 
 on board, receives, or transports any person for the purpose of selling
 
 Slave Trade and Peonage. 517 
 
 such person as a slave shall, in addition to the forfeiture of the ves- 
 sel, pay for each person so received on board or transported the sum 
 of two hundred dollars, to be recovered in any court of the United 
 States; the one moiety thereof to the use of the United States and 
 the other moiety to the use of the person who sues for and prose- 
 cutes the same to effect." 
 
 The change in this section consists in the substitution 
 of the word "person" for the words "negro, mulatto, or 
 person of color. ' ' 
 
 § 285. Vessel Found Hovering on Coast.— Old Section 
 5555 becomes new Section 258, as follows: 
 
 Sec. 258. Every vessel which is found in any river, port, bay, or 
 harbor, or on the high seas, within the jurisdiction of the United 
 States, or hovering on the coasts thereof and having on board any 
 person, with intent to sell such person as a slave, or with intent to 
 land the same for that purpose, either in the United States, or else- 
 where, shall, together with her tackle, apparel, furniture, and the goods 
 or effects on board of her, be forfeited to the United States." 
 
 The change in this section consists in the substitu- 
 tion of the word "person" for the words "negro, mulatto, 
 or person of color." 
 
 § 286. Forfeiture of Interest in Vessels Transporting 
 Slaves. — Section 259 of the new Code takes the place of 
 Section 5556 of the old statutes, and is as follows: 
 
 "Sec. 259. It shall be unlawful for any citizen of the United States, 
 or other person residing therein, or under the jurisdiction thereof, 
 directly or indirectly to hold or have any right or property in any 
 vessel employed or made use of in the transportation or carrying of 
 slaves from one foreign country or place to another, and any such 
 right or property shall be forfeited, and may be libeled and condemn- 
 ed for the use of the person suing for the same. Whoever shall vio- 
 late the prohibition of this section shall also forfeit and pay a sum 
 of money equal to double the value of his right or property in such 
 vessel; and shall also forfeit a sum of money equal to double the 
 value of the interest he had in the slaves which at any time may be 
 transported or carried in such vessels." 
 
 § 287. Seizure of Vessels Engaged in the Slave Trade. 
 — Section 5557 of the old statutes becomes Section 260 of 
 the new Code, as follows: 
 
 "Sec. 260. The President is authorized, when he deems it expedient, 
 to man and employ any of the armed vessels of the United States to 
 cruise wherever he may judge attempts are making to carry on the
 
 518 Federal Criminal Law Procedure. 
 
 slave trade, by citizens or residents of the United States, in contraven- 
 tion of laws prohibitory of the same; and, in such case, he shall in- 
 struct the commanders of such armed vessels to seize, take, and 
 bring into any port of the United States, to be proceeded against ac- 
 cording to law, all American vessels, wheresoever found, which may 
 have on board, or which may be intended for the purpose of taking on 
 board, or of transporting, or may have transported any person, in 
 violation of the provisions of any Act of Congress prohibiting the 
 traffic in slaves." 
 
 § 288. Proceeds of Condemned Vessels; How Dis- 
 tributed. — Section 5558 of the old statutes is so modified 
 in Section 261 of the new Code, in conformity with the 
 abolition of prize money by Congress, as to require the 
 proceeds of all forfeitures to be paid into the Treasury 
 of the United States, and is in the following words: 
 
 "Sec. 261. The proceeds of all vessels, their tackle, apparel, and 
 furniture, and the goods and effects on board of them, which are so 
 seized, prosecuted, and condemned, shall be paid into the Treasury of 
 the United States." 
 
 § 289. Disposal of Persons Found on Board Seized 
 Vessel. — Section 5559 of the old Code, becomes Section 
 262 of the new Code, by the mere change of the words 
 "negro, mullatto, or person of color," to the word "per- 
 son," and is in the following words: 
 
 "Sec. 262. The officers of the vessel making such seizure shall safely 
 keep every person found on board of any vessel so seized, taken, or 
 brought into port for condemnation, and shall deliver every such person 
 to the marshal of the district into which he may be brought, if into a 
 port of the United States, or if elsewhere, to such person as may be 
 lawfully appointed by the President, in the manner directed by law, 
 transmitting to the President, as soon as may be after such delivery, 
 a descriptive list of such persons, in order that he may give directions 
 for the disposal of them." 
 
 § 290. Apprehension of Officers and Crew. — Section 
 5560 of the old Code becomes Section 263 of the new Code 
 in the following words: 
 
 "Sec. 263. The commanders of such commissioned vessels shall 
 cause to be apprehended and taken into custody every person found 
 on board of such offending vessel so seized and taken, being of the 
 officers or crew thereof, and him convey, as soon as conveniently may
 
 Slave Trade and Peonage. 519 
 
 be, to the civil authority of the United States, to be proceeded against 
 in due course of law." 
 
 § 291. Removal of Persons Delivered from Seized 
 Vessels.— Section 5571 of the 1878 Statutes, by substitut- 
 ing the word " persons" for the words "negroes, mulat- 
 toes, or persons of color," becomes Section 264 of the 
 new Code, as follows: 
 
 "Sec. 264. The President is authorized to make sucti regulations 
 and arrangements as he may deem expedient for the safe keeping, 
 support, and removal beyond the limits of the United States of all 
 such persons as may be so delivered and brought within its juris- 
 diction." 
 
 § 292. To What Port Captured Vessels Sent.— Sec- 
 tion 5563 of the old Code, by the addition of the words 
 "or District," becomes Section 265 of the new Code, as 
 follows: 
 
 "Sec. 265. It shall be the duty of the commander of any armed 
 vessel of the United States, whenever he makes any capture under 
 the preceding provisions, to bring the vessel and her cargo, for ad- 
 judication, into some port of the State, Territory, or District to which 
 such vessel so captured may belong, if he can ascertain the same; 
 if not, then into any convenient port of the United States." 
 
 § 293. When Owners of Foreign Vessels Shall Give 
 Bond. — By substituting the words "clearing from any 
 port within the jurisdiction of the United States," for 
 the words "clearing out for any of the coasts or king- 
 doms of Africa," Section 5564 of the old statutes becomes 
 Section 266 of the new Code, as follows: 
 
 "Sec. 266. Every owner, master, or factor of any foreign vessel 
 clearing from any port within the jurisdiction of the United States, 
 and suspected to be intended for the slave trade and the suspicion 
 being declared to the officer of the customs by any citizen, on oath, 
 and such information being to the satisfaction of the officer, shall 
 first give bond, with sufficient sureties, to the Treasurer of the United 
 States that none of the natives of any foreign country or place shall 
 be taken on board such vessel to be transported or sold as slaves 
 in any other foreign port or place whatever, within nine months 
 thereafter." 
 
 § 294. Instructions to Commanders of Armed Vessels. 
 — By changing the words "negroes, mulattoes, and per-
 
 520 Federal Criminal Law Procedure. 
 
 sons of color" to the word "persons," and the words 
 "coast of Africa" for the words "country from which 
 they were taken," Section 5567 of the old statutes be- 
 comes Section 267 of the new Code, as follows: 
 
 "Sec. 267. The President is authorized to issue instructions to the 
 commanders of armed vessels of the United States, directing them, 
 whenever it is practicable, and under such rules and regulations as 
 he may prescribe, to proceed directly to the country from which they 
 were taken, and there hand over to the agent of the United States 
 all such persons, delivered from on board vessels seized in the prose- 
 cution of the slave trade; and they shall afterward bring the captured 
 vessels and persons engaged in the prosecuting such trade to the 
 United States for trial and adjudication." 
 
 § 295. Kidnapping. — Section 5525 of the old Code be- 
 comes Section 268 of the new Code, in the following 
 words: 
 
 "Sec. 268. Whoever kidnaps or carries away any other person, 
 with the intent that such other person be sold into involuntary ser- 
 vitude, or held as a slave; or who entices, persuades, or induces any 
 other person to go on beard any vessel or to any other place with the 
 intent that he may be made or held as a slave, or sent out of the 
 country to be so made or held; or who in any way knowingly aids 
 in causing any other person to be held, sold, or carried away to be 
 held or sold as a slave, shall be fined not more than five thousand 
 dollars, or imprisoned not more than five years, or both." 
 
 § 296. Holding or Returning to Peonage. — The most 
 interesting and practicable section in this Chapter is Sec- 
 tion 269 of the new Code, which takes the place of old 
 Section 5526, and is in the following words: 
 
 "Sec. 269. Whoever holds, arrests, returns, or causes to be held, 
 arrested, or returned, or in any manner aids in the arrest or return 
 of any person to a condition of peonage, shall be fined not more than 
 five thousand dollars, or imprisoned not more than five years, or 
 both." 
 
 Judge Newman, in United States vs. Eberhart, 127 Fed- 
 eral, 252, held that this statute had no application to any 
 State or Territory 7 except the Territory of New Mexico. 
 By implication, this was overruled by United States vs. 
 McClellan, in 127 Federal, 971, by Judge Speer, and was 
 directly overruled by the Supreme Court of the United
 
 Slave Trade and Peonage. 521 
 
 States in Clyatt vs. United States, 197 U. S., 207, 49 Law 
 Ed., 726; the Supreme Court saying, in substance, that 
 the prohibition against peonage in any State or Territory 
 of the United States, contained in Sections 1990 and 5526 
 of the old Code, was authorized by the provisions of the 
 United States Constitution, the Thirteenth Amendment 
 forbidding slavery or involuntary servitude within the 
 United States, or any place subject to their jurisdiction, 
 and granting to Congress the power to enforce the pro- 
 hibition by appropriate legislation. 
 
 The statute, it will be noted, comprehends several dif- 
 ferent forms of peonage, to wit, holding, arresting, re- 
 turning, or causing to be held, arrested or returned. In 
 the Clyatt case, the Supreme Court reversed the judg- 
 ment of conviction, because there was no evidence that 
 the peons had been previously held in peonage, and the 
 indictment charged that there was a return to peonage. 
 Of course, if the indictment had charged holding in peon- 
 age, without returning to peonage, evidence would doubt- 
 less have been sufficient, and the case would have been 
 affirmed. The Supreme Court in the Clyatt case, says: 
 
 "That which is contemplated by the statute is compulsory service, 
 to secure the payment of a debt, Is this legislation within the power 
 of Congress? It may be conceded, as a general proposition, that the 
 ordinary relations of individual to individual are subject to the con- 
 trol of the States, and are not entrusted to the general Government, 
 but the Thirteenth Amendment, adopted as an outcome of the Civil 
 War, reads. 
 
 " 'Sec. 1. Neither slavery nor involuntary servitude, except as a 
 punishment for crime, whereof the party shall have been duly con- 
 victed, shall exist within the United States, or in any place subject 
 to their jurisdiction. 
 
 " 'Sec. 2. Congress shall have the power to enforce this Article by 
 appropriate legislation.' 
 
 This Amendment denounces a status or condition, irrespective of 
 the manner or authority by which it is created. The prohibitions of 
 the Fourteenth and Fifteenth Amendments are largely upon the acts 
 of the States; but the Thirteenth Amendment names no party or 
 authority, but simply forbids slavery and involuntary servitude, grants 
 to Congress the power to enforce this prohibition by appropriate legis- 
 lation." 
 
 In the peonage cases, 123 Federal, 671, District Judge 
 Jones defined "the condition of peonage" to be to hold or
 
 522 Federal Criminal Law Procedure. 
 
 return a person to enforced servitude, wherein the servi- 
 tor is restrained of his liberty, and compelled to labor in 
 liquidation of some debt or obligation, either real or pre- 
 tended, against his will. 
 
 In the peonage cases just cited, and in the peonage 
 cases by Judge Trieber, 136 Federal, 707 ; it was held, in 
 substance, that it was entirely immaterial that the con- 
 tract of employment was voluntarily made by the laborer; 
 and it was entirely immaterial whether it was made for 
 the present or pre-existing consideration. In other words, 
 when the person desires to abandon the service, from that 
 moment on the holding of such a person is the holding of 
 him within the meaning of the statute, to a condition of 
 peonage. So, likewise, District Judge Jones held that to 
 falsely pretend another that he was accused of crime, and 
 to pretend to prevent his conviction if he will pay a sum 
 of monev, etc. all come within the statute. 
 
 In in re peonage charge, 138 Federal, 636, Section, and 
 United States vs. Cole, 153 Federal, 801, peonage was de- 
 fined to be the status or condition of compulsory service, 
 in the payment of an alleged indebtedness by the peon 
 to his master. The same definition is practically adopted 
 in United States vs. McClellan, 127 Federal, 971. 
 
 § 296a. Involuntary Servitude, Etc., Meaning. — The 
 words "involuntary servitude" have a larger meaning 
 than slavery and the Thirteenth Amendment prohibited 
 all control by coercion of the personal service of one man 
 for the benefit of another. A state statute which was 
 passed ostensibly to punish fraud will not be maintained 
 as constitutional if its natural and inevitable purpose is 
 to punish for crime for failing to perform contracts of 
 labor, thus compelling such performance. A constitu- 
 tional prohibition cannot be transgressed indirectly by 
 creating a statutory presumption any more than by direct 
 enactment, and a state cannot compel involuntary servi- 
 tude in carrying out. contracts of personal service by 
 creating a presumption that the person committing the 
 breach is guilty of intent to defraud merely because he 
 fails to perform the contract. Bailey vs. State of Ala- 
 bama, 219 U. S. 219. 
 
 Peonage exists when convicted person are compelled
 
 Slave Teade and Peonage. 523 
 
 to labor out fines resulting from civil contracts. U. S. vs. 
 Reynolds, U. S. Supreme Court, October Term, 1914. One 
 cannot compel a laborer against his will to return to him 
 and worked out a debt owing by such laborer. Harlan 
 vs. U. S., 184 Federal, 702, Same case, 214 U. S., 519; 
 same case Harlan vs. McGourin, 218 U. S., 442. 
 
 Judge Toulmin in U. S. vs. Broughton, 213 Federal, 345, 
 held that an indictment which charged in substance that 
 the defendant had become surety for a convict against 
 whom a fine and costs had been assessed and took said 
 convict to labor for him at $6 per month, and that the 
 defendant threatened the convict that if he, refused to 
 work out the debt, he would have him arrested and put 
 in jail, and that the convict did not continue to work for 
 the defendant under his own free will, did not state an 
 offense. 
 
 Sec. 296 b. Additional Decisions Under Peonage Stat- 
 ute. 
 
 By a divided court in Taylor vs. U. S., 244 F. 321, the 
 Court of Appeals for the fourth circuit held that the act 
 of a master and magistrate in conspiring to put the mas- 
 ter's servant in a condition of involuntary servitude 
 through a prosecution for breach of his contract of em- 
 ployment, in order to require him to perforin his con- 
 tract to work one year for the master, was insufficient 
 to warrant a conviction. 
 
 Circuit Judge Woods' dissenting opinion to such hold- 
 ing is a very strong presentation of the soul of the stat- 
 ute and really may be the law. 
 
 In Bernal vs. U. S., 241 F. 339, it was held that a hold- 
 ing may be by threats and fear. 
 
 § 297. Obstructing Execution of Above. — Section 5527 
 of the old Code becomes Section 270 of the new Code, as 
 follows : 
 
 "Sec. 270. Whoever obstructs, or attempts to obstruct, or in any 
 way interferes with or prevents the enforcement of the section last 
 preceding, shall be liable to the penalties therein prescribed." 
 
 § 298. Bringing Kidnapped Persons Into the United 
 States. — By broadening the Act of June 23, 1874, 17 
 Statute at Large, 251, 1 Supplement, 46, to extend so as
 
 524 Federal Criminal Law Procedure. 
 
 to apply to any place subject to the jurisdiction of the 
 United States such Act becomes Section 271 of the new 
 Code, as follows: 
 
 "Sec. 271. Whoever shall knowingly and wilfully bring into the 
 United States or any place subject to the jurisdiction thereof, any 
 person inveigled or forcibly kidnapped in any other country, with in- 
 tent to hold such person so inveigled or kidnapped in confinement or 
 to any involuntary servitude; or whoever shall knowingly and wil- 
 fully sell, or cause to be sold, into any condition of involuntary servi- 
 tude, any other person for any term whatever; or whoever shall know- 
 ingly and wilfully hold to involuntary servitude any person so brought 
 or sold, shall be fined not more than five thousand dollars and im- 
 prisoned not more than five years."
 
 CHAPTER XIV. 
 
 OFFENSES WITHIN THE ADMIRALTY MARITIME AND TERRI- 
 TORIAL JURISDICTION OF THE UNITED STATES. 
 
 Note. — The first numbers indicate the old Sections; then fellows a 
 dash, and after the dash the numbers indicate the Sections in the new 
 Code. 
 
 § 299. Generally, Federal Territory. 
 
 300. Places Defined: New Code, 272. 
 
 301. Murder: 5339—273. 
 
 302. Murder Verdict: 29 Stat. L., 487. 
 
 303. Manslaughter: 5341—274. 
 
 304. Punishment for Murder and Manslaughter: 5339 and 5343 — 275. 
 
 305. Assault with Intent to Commit Murder, Rape, Robbery, Etc.: 
 
 5346—276. 
 
 306. Attempt to Commit Murder or Manslaughter: 5342 — 277. 
 
 307. Rape: 5343—278. 
 
 308. Having Carnal Knowledge of Female Under Sixteen: New 
 
 Code, 279. 
 
 309. Seduction of Female Passenger on Vessel: 5349 — 280. 
 
 310. Payment of Fine to Female Seduced; Evidence Required; 
 
 Limitations on Indictment: 5350 and 5351 — 281. 
 
 311. Punishment for Loss of Life by Misconduct of Officers, Owners, 
 
 Charterers, Etc., of Vessels: 5344—282. 
 
 312. Maiming: 5348—283. 
 
 313. Robbery: 5370—284. 
 
 3 j 4. Arson of Dwelling House: 5385—285. 
 
 315. Arson of Arsenal, Etc.; Other Buildings, Etc.: 5386—286. 
 
 316. Larceny: 5356—287. 
 
 317 Receiving, Etc., Stolen Goods: 5357—288. 
 
 318. Laws of State Adopted for Punishing Wrongful Acts, Etc.: 
 
 5391—289. 
 318a. Libel not Federal Offense. 
 
 § 299. The new Code, in Section 272, sets forth cer- 
 tain specific national territory, within and upon which 
 the commission of the acts mentioned in this chapter 
 become exclusive Federal offenses. The offenses upon 
 which Congress has legislated under the head of admi- 
 ralty, maritime, and territorial jurisdiction of the Federal 
 Government are murder, manslaughter, intent to mur- 
 der, rape, robbery, certain carnal knowledge of the fe- 
 male, loss of life by misconduct of the officers of a vessel, 
 
 (525)
 
 526 Federal Criminal' Law Procedure. 
 
 maiming, arson, larceny, receiving stolen goods, and a 
 general statute, which creates a Federal offense of every 
 State offense not herein mentioned, when the same is 
 committed within the limits spoken or. 
 
 § 300. The Places Defined.— Section 272 of the new 
 Code, which makes unnecessary a repetition of the place 
 in defining each separate offense, reads as follows: 
 
 "Sec. 272. The crimes and offenses defined in this chapter shall 
 be punished as herein prescribed: 
 
 "First. When committed upon the high seas, or on any other waters 
 within the admiralty and maritime jurisdiction of the United States 
 and out of the jurisdiction of any particular State, or when committed 
 within the admiralty and maritime jurisdiction of the United States 
 and out of the jurisdiction of any particular State on board any 
 vessel belonging in whole or in part to the United States or any citi- 
 zen thereof, or to any corporation created by or under the laws of the 
 United States, or of any State, Territory, or District thereof. 
 
 "Second. When committed upon any vessel registered, licensed, 
 or enrolled under the laws of the United States, and being on a voy- 
 age upon the waters of any of the Great Lakes, namely: Lake Supe- 
 rior, Lake Michigan, Lake Huron, Lake Saint Clair, Lake Erie, Lake 
 Ontario, or any of the waters connecting any of said lakes, or upon 
 the River Saint Lawrence where the same constitutes the Internation- 
 al boundary line. 
 
 "Third. When committed within or on any lands reserved or ac- 
 quired for the exclusive use of the United States, and under the exclu- 
 sive jurisdiction thereof, or any place purchased or otherwise acquired 
 by the United States by consent of the legislature of the State in 
 which the same shall be, for the erection of a fort, magazine, arsenal, 
 dock-yard, or other needful building. 
 
 "Fourth. On any island, rock, or key, containing deposits of guano, 
 which may, at the discretion of the President, be considered as ap- 
 pertaining to the United States." 
 
 While this section is new, some of its parts are to be 
 found in old Statute 5339, old Statute 5570, and Article 
 I., Section 8, of the Constitution. The first division of 
 the section, it will be noted, gives the jurisdiction to of- 
 fenses upon certain waters. The second division gives 
 jurisdiction to offenses upon vessels when on certain 
 waters. The third division gives jurisdiction over of- 
 fenses that are committed upon lands over which the 
 Government has acquired exclusive jurisdiction, by pur- 
 chase or otherwise; but it must be understood that this
 
 Offense? Within Jueisdiction op United States. 527 
 
 division does not mean that there is any jurisdiction in 
 the Federal Government, unless there be cession thereof 
 under the Federal and State laws. Thus, the renting of a 
 building 'in which the Federal Post-office is conducted 
 would give no jurisdiction to the Federal Government for 
 an assault committed within that building by one private 
 citizen upon another private citizen. The jurisdiction of 
 the Government to punish one who assaulted the post- 
 master in the performance of his official duties, rests 
 upon an entirely different statute, and is not grounded 
 upon the section now being noticed. District Judge 
 Whitson, in United States vs. Tully, 140 Federal, 899, 
 held in substance, that the jurisdiction of a Federal Court 
 to try a person for a criminal offense on the ground that 
 it was committed within a fort or military reservation, 
 such fort or reservation must have been established by 
 law, as contemplated by Article I., Section 8, of the 
 Constitution, either by purchase, with the consent of the 
 Legislature of the State, or by reservation of public lands 
 therefor by compact with the State at the time of its 
 admission, and exclusive jurisdiction over the same must 
 have been reserved to the United States, either by ex- 
 press words or necessary implication. Judge Maxey, in 
 111 Federal, 630, United States vs. Lewis, held in sub- 
 stance, that whether a homicide committed within the 
 boundaries of a State constitutes an offense against the 
 laws of the United States, of which a Federal Court has 
 jurisdiction, depends on two questions: first, whether 
 there has been such a cession by the State to the United 
 States of the territory upon which the act alleged to 
 constitute the crime was committed, as to render such 
 territory a place or district or country under the exclusive 
 jurisdiction of the United States, which is a question of 
 law for the Court; and, second, if such cession was made, 
 whether the act was committed within the territory so 
 ceded, which is a question of fact to be submitted to the 
 jury. In United States vs. Carter, 84 Federal, 622, the 
 Court held that a defendant was properly indicted in the 
 Federal jurisdiction for a murder committed on board 
 the United States battle-ship "Indiana," then moored 
 at Cob Dock, being within territory which had not been
 
 528 Federal Criminal Law Procedure. 
 
 purchased by the United States, but over which exclusive 
 jurisdiction had been ceded to the United States by the 
 New York Legislature. In United States vs. Hewecker, 
 79 Federal, page 59, the Court held that where a seaman 
 on an American schooner was indicted for having shot, 
 in the harbor of Havana, one Miller, who died therefrom 
 in the hospital three days afterwards, at Havana, on 
 January 21, 1892, and the indictment was not found un- 
 til March 10, 1896; the defendant, in the meantime, hav- 
 ing been imprisoned in Havana, upon conviction for an 
 assault, and on the expiration of his sentence delivered 
 to the United States authorities, that the defendant was 
 not a fugitive from justice, under Section 1045, so as to 
 be excepted from the exemption of indictment after three 
 years, and that the death, having taken place on land 
 within a foreign jurisdiction, the case was not one of 
 wilful murder at Common Law, under the Federal au- 
 thorities; and that the United States statute, Section 
 5339, though making the offense punishable with death, 
 neither declares it to be murder, nor does it limit that 
 offense to all cases within a year and a day, which at 
 Common Law was an essential element of the offense 
 of murder; and, therefore, that the case was not one 
 of wilful murder, and the indictment was barred by the 
 three-year limitation. 
 
 A cession by a State to the United States of "exclusive 
 jurisdiction" over certain land, providing that the State 
 shall retain concurrent jurisdiction with the United 
 States, so far that the process, civil or criminal, issued 
 under the authority of the State may be executed by the 
 State officers upon any person amenable to the same, 
 within the limits of the land so ceded, confers on the 
 United States exclusive jurisdiction within the meaning 
 of Revised Statutes 5339, United States vs. Meagher, 37 
 Federal, 875. Of course, the burden is on the Govern- 
 ment to show that the crime was committed on land 
 which was under the exclusive jurisdiction of the United 
 States. 
 
 In Cook vs. United States, 138 U. S., page 185, 34 Law 
 Edition, 906, it was held that a publi? land strip lying 
 between Texas and New Mexico and Colorado and Kan-
 
 Offenses Within Jurisdiction of United States. 529 
 
 sas, over which jurisdiction had been vested in the Unit- 
 ed States after the commission of the offense of murder 
 thereon, was properly within the control of the Federal 
 Courts, and the offense punishable therein. 
 
 The fourth division relates to offenses upon certain is- 
 lands, rocks, or keys, which contain deposits of guano, 
 the beginning of which recognition was old Statutes 5570, 
 and is the extending of sovereignty by the political pow- 
 er of the Government. In other words, by the law of 
 nations, dominion of new territory may be acquired by 
 discovery and occupation, as well as by cession or con- 
 quest. 
 
 In the case of United States vs. Rogers, 150 U. S., 249, 
 37 Law Ed., page 1071, the Supreme Court held that the 
 term "high seas," as used in old Section 5346, is ap- 
 plicable to the open unenclosed waters of the Great Lakes, 
 between which the Detroit River is a connecting stream; 
 and that Court, in the same case, also held that a vessel 
 is deemed part of the territory of the country to which 
 she belongs, and that the Courts of the United States have 
 jurisdiction, under United States Revised Statutes 5346, 
 to try a person for assault with a dangerous weapon, 
 committed on a vessel belonging to a citizen of the Unit- 
 ed States, when such vessel is in the Detroit River, out 
 of the jurisdiction of any particular State, and within 
 the territorial limits of the Dominion of Canada. This 
 decision seems to overrule the case of United States vs. 
 Rogers, in the 46 Federal, page 1, and the case of ex 
 parte Byers, 32 Federal, 404, where the Court denied a 
 like jurisdiction. 
 
 It is determined, in United States vs. Peterson, 64 Fed- 
 eral, 145, that the District Court of the Eastern District 
 of Wisconsin has no jurisdiction of an indictment for 
 an assault committed on a vessel on Lake Huron, within 
 the boundary of the jurisdiction of the Eastern District 
 of Michigan. In other words, the indictment should have 
 been prosecuted in Michigan, instead of Wisconsin, and 
 Judge Seaman reviews the Byers case and the Rogers 
 case, cited supra. 
 
 In Jones vs. United States, 137 U. S., 202, 34 Law Ed., 
 691, the Supreme Court maintains the constitutionality of 
 
 n
 
 530 Federal Criminal Law Procedure. 
 
 jurisdiction by discovery, and incidentally Section 5570 
 of the old Code, and, therefore, the fourth division of the 
 present section. The Court held in that case, that, 
 
 "All courts of justice are bound to take judicial notice of territoral 
 extent of the jurisdiction exercised by the Government whose laws 
 they administer, or of its recognition or denial of the sovereignty of 
 a foreign power, as appearing from the public acts of the legislature 
 and executive, although those acts are not formally put in evidence, 
 nor in accord with the pleadings." 
 
 And for this purpose of judicially knowing, the judges 
 may refresh their memory and inform their conscience 
 from such sources as they may deem most trustworthy. 
 
 Under the authority of the United States vs. Battle, 154 
 Federal, 540, which was an indictment for murder, al- 
 leged to have been committed on a plot of ground in 
 the city of Macon, Georgia, which had been conveyed to 
 the United States for the erection of a post-office and 
 Federal Court building, over which territory the State 
 had surrendered jurisdiction, reserving the right to serve 
 process and apprehend offenders there, that it is not nec- 
 essary in the indictment to plead the act of the General 
 Assembly or Legislature, because that is the general law, 
 which it is presumed not only the Court, but the defend- 
 ant, knew; nor is it necessary to plead the title of the 
 Government in the indictment. The allegation that the 
 crime was maliciously, unlawfully, and feloniously done, 
 with the other ingredients of the offense, is sufficient. 
 This case was affirmed in Battle vs. United States, 209 
 U. S., page 36, 52 Law Ed., page 671. 
 
 § 301. Murder.— The old Statute 5339 gave no defini- 
 tion of the crime of murder, and thus the Courts were 
 driven to the Common Law for such definition. New 
 Section 273, however, defines murder, and somewhat en- 
 larges the Common Law definition, and appropriates 
 many of the terms of the statutes of a large majority of 
 the various states, and such section reads as follows: 
 
 "Sec. 273. Murder is the unlawful killing of a human being with 
 malice aforethought. Every murder perpetrated by poison, lying in 
 wait, or any other kind of wilful, deliberate, malicious, and premedi- 
 tated killing; or committed in the perpetartion of, or attempt to
 
 Offenses Within Jurisdiction of United States. 531 
 
 perpetrate, any arson, rape, burglary, or robbery; or perpetrated from 
 a premeditated design unlawfully and maliciously to effect the death 
 of any human being other than him who is killed, is murder in the 
 first degree. Any other murder is murder in the second degree." 
 
 The Common Law definition of murder was, 
 
 "Murder is where a person of sound memory and discretion, unlaw- 
 fully and feloniously kills any human being in the peace of the sover- 
 eign, with malice propense, or aforethought, express or implied." 
 
 Mr. Bishop, in Volume II., of his New Criminal Law, 
 treats of this and other definitions of murder, setting 
 forth the definitions used by Lord Coke, as follows: 
 
 "Murder is when a man of sound memory and of the age of discre- 
 tion, unlawfully killeth, within any county of the realm, any reason- 
 able creature in rerum natura under the King's peace, with malice 
 aforethought, either expressed by the party, or implied by law, so as 
 the party wounded or hurt, etc., die of the wound or hurt, etc., with- 
 in a year and a day after the same," 
 
 and Lord Mansfield, namely: 
 
 "Murder is where a man of sound sense, unlawfully killeth another 
 of malice aforethought, either express or implied." 
 
 and continues by saying that a complete definition is im- 
 possible, but that it must include an understanding of the 
 term "malice aforethought," which term means an in- 
 tent to take life without excuse. 
 
 Judge Maxey, in United States vs. Lewis, 111 Federal, 
 630, said: 
 
 "Malice, when attempted to be defined, has been necessarily given 
 a more comprehensive meaning than enmity or illwill or revenge, 
 and has been extended so as to include all those states of mind under 
 which the killing of a person takes place without any cause which 
 will in law justify or excuse or extenuate the homicide. McCoy vs. 
 State, 25 Texas, 39. Malice, as applied to the offense of murder, need 
 not denote spite or malevolence, hatred or illwill, to the person killed, 
 nor that the slayer killed his victim in cold blood, as with settled 
 design and premeditation. Such a killing would, it is true, be mur- 
 der; but malice, as essential to the crime of murder, has a more ex- 
 tended meaning. A killing flowing from an evil design in general 
 may be of malice, and constitute murder; as, a killing resulting
 
 532 Fedeeal Criminal Law Procedure. 
 
 from the dictates of a wicked, depraved, and malignant spirit — a 
 heart regardless of social duty and fatally bent upon mischief — may 
 be of malice, necessarily implied by law from fact of the killing, with- 
 out lawful excuse, and sufficient to constitute the crime of murder, 
 although the person killing may have had no spite or illwill against 
 the deceased. Malice, as thus described, is either express or implied. 
 Express malice is where one with a sedate and deliberate mind, and 
 formed design, doth kill another, which formed design is evidenceo 
 by external circumstances, discovering that inward intention; as, 
 lying in wait, antecedent menances, former grudges, and concerted 
 schemes to do bodily harm. It rarely, if ever, occurs that express 
 malice is proved upon the trial of a case. The existence or non- 
 existence of malice is a matter to be determined by tne jury, from a 
 consideration of all the facts in evidence. The proof of homicide, as 
 necessarily involving malice, must show the facts under which the 
 killing was effected, and from the whole facts and circumstances 
 surrounding the killing, the jury infers malice or its absence. Malice, 
 in connection with the crime of killing, is but another name for a 
 certain condition of a man's heart or mind; and as no one can look 
 into the heart or mind of another, the only way to decide upon its 
 condition at the time of the killing, is to infer it from the surround- 
 ing facts, and that inference is one of fact for the jury. 'Jordan 
 vs. State, 10 Texas, 492; 3 Russell on Crime, sixth edition, pages 
 1 and 2; Stevenson vs. United States, 162 U. S., 320, 40 Law Ed., 983; 
 Wallace vs. United States, 162 U. S., 476, 40 Law Ed., 1043.' The 
 malice which distinguishes the crime of murder must be aforethought. 
 It implies premeditation — a prior intent to do the act. It may have 
 existed but for a moment — an inappreciably brief period of time, 
 or longer. No limit has been, or can be, fixed as to its duration. If 
 it in fact exist for any period, however brief, the killing would be 
 murder; but in malice so wanting, the homicide could not be of a 
 higher grade than manslaughter." 
 
 In Battle vs. United States, 209 U. S., 36, 52 Law Ed., 
 670, the Supreme Court affirmed the refusal of the trial 
 Court to give requested instructions upon the law of jus- 
 tifiable homicide and involuntary homicide, when, ac- 
 cording to the testimony of the accused, 'the death was 
 due to an accident, and according to all the other evi- 
 dence, the death was intentional and unjustified. 
 
 In considering the cases that are hereafter cited, it will 
 be borne in mind that the original Federal Statute, under 
 which the case arose, contained no provision for murder 
 in the second degee; in other words, the two degrees of 
 homicide were murder and manslaughter.
 
 Offenses Within Jurisdiction of United States. 533 
 
 By the Common Law, both time and place were re- 
 quired to be alleged. It is necessary that it should ap- 
 pear that the death transpired within a year and a day 
 after the stroke, and the place of the death equally with 
 that of the stroke, had to be stated to show jurisdiction 
 in the Court. The controlling element which distinguishes 
 the guilt of the assailant from a common assault was the 
 death, within a year and a day, and also within the same 
 jurisdiction. Ball vs. United States, 140 U. S., 136, 35 
 Law Ed., 384. So far as the present statute is concerned, 
 there are no differences upon this point between it and 
 the old statute, upon which the Ball decision was ren- 
 dered and the Common Law rules with reference to these 
 matters must, therefore, be observed under the new stat- 
 ute, in both pleading and proving the offense. In the 
 case of United States vs. Guiteau, reported in 1 Mackey, 
 498, the Supreme Court of the District of Columbia af- 
 firmed a conviction, even though the shot was fired in 
 the District of Columbia and President Garfield died in 
 Maryland, such affirmance being based upon the absorp- 
 tion of the latest English statute by Maryland, in 1801, 
 which, to correct the original technicality of the Com- 
 mon Law, permitted prosecution in either the realm of the 
 stroke or the realm of the death. Section 731 of the Fed- 
 eral statutes, which allows the prosecution of an offense 
 against the United States in either the county in which 
 it was begun or in the county in which it was completed, 
 was held by the Supreme Court in the Ball case, even if 
 applicable to the crime of murder, not to apply if the 
 stroke were given in one district and the death ensued 
 in some other country than the United States. In St. 
 Clair vs. United States, 154 U. S., 134, 38 Law Ed. ? 936, 
 the Court sustained a description in an indictment with 
 reference to the locality of the offense, when it showed 
 that it was committed on board of an American vessel 
 on the high seas, within the jurisdiction of the Court and 
 the admiralty and maritime jurisdiction of the United 
 States, and not within the jurisdiction of any particular 
 State. 
 
 Sec. 301 a. Murder — Homicide — Defenses. 
 
 One attempting robbery cannot claim self defense. 
 Turner vs. U. S., 272 F. 112.
 
 534 Federal Criminal Law Procedure. 
 
 For self defense and provocation see Huber vs. U. S., 
 259 F. 766. 
 
 For a case bearing upon homicide by the careless driv- 
 ing of an automobile see Sinclair vs. U. S., 265 F. 991. 
 
 § 302. Verdict. — Under the Federal practice, the 
 Court may sentence the defendant to a manslaughter 
 punishment and enter a judgment for manslaughter, 
 upon a verdict of guilty of murder, because the convic- 
 tion of the higher offense includes the lower. United 
 States vs. Linnier, 125 Federal, 83. 
 
 The 29 Statute at Large, 487, Act of January 25, 1897, 
 provides that in all cases where the accused is found 
 guilty of murder or of rape, the jury may qualify their 
 verdict by adding thereto, "without capital punishment;" 
 and whenever the jury shall return a verdict qualified 
 as aforesaid, the person convicted shall be sentenced to 
 imprisonment at hard labor for life. This Act was re- 
 viewed and applied as being permissible in the case of 
 Winston vs. United States, 172 Federal, 304, 43 Law 
 Ed., 456; and this though the statute provides a punish- 
 ment of death, Section 275 of the new Code. 
 
 § 303. Manslaughter. — The old manslaughter statute, 
 Section 5341, is so changed by new Section 274 as to 
 include the practical elements of the Common Law 
 definition of manslaughter and the statutes of many of 
 the States, and reads as follows: 
 
 "Sec. 274. Manslaughter is the unlawful killing of a human being 
 without malice. It is of two kinds: 
 
 "First. Voluntary — upon a sudden quarrel or heat of passion. 
 
 "Second. Involuntary — in the commission of an unlawful act not 
 amounting to a felony, or in the commission of a lawful act which 
 might produce death, in an unlawful manner, or without due caution 
 and circumspection. " 
 
 At Common Law, voluntary manslaughter was the un- 
 lawful and intentional killing of another without malice 
 on sudden quarrel or in heat of passion. Bishop, in his 
 New Criminal Law, second volume, page 425, cites sev- 
 eral definitions, and notes Hawkins' definition, which 
 was this: homicide against the life of another, amount- 
 ing to felony, is either with or without malice. That
 
 Offenses Within Jurisdiction of United Staies. 535 
 
 which is without malice is called manslaughter, or some- 
 times chance-medley; by which we understand such kill- 
 ing as happens either on a sudden quarrel or in the com- 
 mission of an unlawful act, without any deliberate in- 
 tention of committing any mischief at all. Mr. Bishop 
 proposes a new definition, as follows: 
 
 "Manslaughter is any such dangerous act or omission, feloniously 
 done or suffered contrary to one's legal duty, as results in the death 
 of a human being, within a year and a day." 
 
 But whatever may have been the original Common Law 
 definition, the statute now under discussion fixes and de- 
 fines just what shall be manslaughter in the Federal 
 jurisdiction. An interesting expression of the Supreme 
 Court, in Anderson vs. United States, 170 U. S., 510, 42 
 Law Ed., 1126, will be of value here: 
 
 "The law, in recognition of the frailty of human nature, regards 
 a homicide committed under the influence of sudden passion or in 
 hot blood, produced by adequate cause, and before a reasonable time 
 has elasped for the blood to cool, as an offense of a less heinous char- 
 acter than murder; but if there be sufficient time for the passion to 
 subside, and shaken reason to resume her sway, no such distinction 
 can be entertained; and if the circumstances showed a killing with 
 deliberate mind and formed design, with comprehension of the act 
 and determination to perform it, the elements of self-defense being 
 wanting, the act is murder. Nor is the presumption of malice nega- 
 tived by previous provocation, having no casual connection with the 
 murderous act, or separated from it by such an interval of time as 
 gives reasonable opportunity for the excess of fury to moderate." 
 
 In other words, in manslaughter, malice is presumed to 
 be absent or wanting, and the act is imputed to the in- 
 firmity or human nature, and the punishment is, there- 
 fore, proportionately lenient. 
 
 The Circuit Court of Appeals for the Fifth Circuit, in 
 the case of Roberts vs. United States, 126 Federal, 897, 
 speaking through Chief Justice Pardee, affirmed a man- 
 slaughter charge by District Judge Meek, and his defi- 
 nition thereof, which was as follows: 
 
 "In the definition of manslaughter contained in the statute the 
 killing must be done unlawfully and wilfully. The term 'unlawfully,' 
 as here used, means without legal excuse. The term 'wilfully' here
 
 536 Federal Criminal Law Procedure. 
 
 means done wrongfully, with evil intent. It means any act which a 
 person of reasonable knowledge and ability must know to be contrary 
 to duty." 
 
 The statute, it will be noted, rehabilitates voluntary 
 and involuntary manslaughter, being the same divisions 
 originally recognized by the Common Law. 
 
 § 304. Punishment for Murder and Manslaughter. — 
 Section 275 of the new Code, which displaces old Sections 
 5339 and 5343, is as follows: 
 
 "Sec. 275. Every person guilty of murder in the first degree shall 
 suffer death. Every person guilty of murder in the second degree 
 shall be imprisoned not less than ten years and may be imprisoned 
 for life. Every person guilty of voluntary manslaughter shall be 
 imprisoned not more than ten years. Every person guilty of in- 
 voluntary manslaughter shall be imprisoned not more than three 
 years, or fined not exceeding one thousand dollars, or both." 
 
 § 305. Assault with Intent to Commit Murder, Rape, 
 Robbery, Etc. — A part of the provisions of old Statute 
 5346 are included in new Section 276, which is very 
 broad, and which is in the following words: 
 
 "Sec. 276. Whoever shall assault another with intent to commit 
 murder, or rape, shall be imprisoned not more than twenty years. 
 Whoever, shall assault another with intent to commit any felony, 
 except murer, or rape, shall be fined not more than three thousand 
 dollars, or imprisoned not more than ten years, or both. Whoever, 
 with intent to do bodily harm, and without just cause or excuse, shall 
 assault another with a dangerous weapon, instrument, or other thing, 
 shall be fined not more than one thousand dollars, or imprisoned not 
 more than five years, or both. Whoever shall unlawfully strike, beat, 
 or wound another, shall be fined not more than five hundred dollars, 
 or imprisoned not more than six months, or both. Whoever shall un- 
 lawfully assault another, shall be fined not more than three hundred 
 dollars, or imprisoned not more than three months, or both." 
 
 In United States vs. Barnaby, 51 Federal, 20, the de- 
 fendant was charged in the indictment with an assault 
 with intent to commit murder, and the Court held that 
 the indictment was insufficient, where it merely charged 
 that the defendant made an assault with a knife upon a 
 person named, with intent him to kill, wilfully and fe- 
 loniously, and of his malice aforethought, without dis-
 
 Offenses Within Jurisdiction of United States. 537 
 
 closing the character of the knife, or averring that lie 
 struck him with it, or inflicted any wound having a ten- 
 deny to produce death. 
 
 § 306. Attempt to Commit Murder or Manslaughter. 
 — Section 5342 of the old statutes is replaced by Section 
 277 of the new Code, in the following words: 
 
 "Sec. 277. Whoever shall attempt to commit murder, or manslaugh- 
 ter, except as provided in the preceding section, shall be finded not 
 more than one thousand dollars and imprisoned not more than three 
 years." 
 
 § 307. Rape. — Section 5343 of the old statutes be- 
 comes Section 278 of the new Code, in the following 
 words : 
 
 "Sec. 278. Whoever shall commit the crime of rape shall suffer 
 death." 
 
 Under the Common Law, rape is the having of carnal 
 knowledge, by a man of a woman, forcibly and against 
 her will. A corrected definition, given by Mr. Bishop, is, 
 
 "Rape is the having of unlawful carnal knowledge, by a man of a 
 woman, forcibly, where she does not consent." 
 
 The difference between the use of the words, "where she 
 does not consent" and the words "against her will," is 
 treated by Lord Campbell in the following manner: 
 
 "The question is, What is the real definition of rape — whether it 
 is the ravishing of a woman against her will, or withohut her consent? 
 If the former is the correct definition, the crime is not, in this case, 
 proved; if the latter, it is proved. Camplin's case seems to me really 
 to settle what the proper definition is, and the decision in that case 
 rests upon the authority of an Act of Parliament. The statute of 
 Westminster 2, C. 34, defines the crime to be where a man do ravish 
 a woman, married, maid, or other, where she did not consent, neither 
 before nor after. We are bound by that definition, and it was adopted 
 in Camplin's case, acted upon in Ryan's case, and subsequently in a 
 case before my Brother Willes. It would be monstrous to say that if 
 a drunken woman, returning from market, lay down and fall asleep 
 by the readside, and a man, by force, had connection with her whilst 
 she was in a state of insensibility, and incapable of giving consent, 
 he woul^ uot be g-uilty of rape."
 
 538 Federal, Criminal Law Procedure. 
 
 The concluding illustration of the great Chief Justice 
 was held not to be rape, in P. vs. Quin, 50 Barb., 128, 
 but was held to be rape in C. vs. Burk, 105 Mass., 376. 
 
 § 308. Having Carnal Knowledge of Female Under 
 Sixteen. — Section 279 of the new Code reads as follows: 
 
 "Sec. 279. Whoever shall carnally and unlawfully know any female 
 under the age of sixteen years, or shall be accessory to such carnal 
 and unlawful knowledge before the fact, shall, for a first offense, 
 be imprisoned not more than fifteen years, and for a subsequent offense 
 be imprisoned not more than thirty years." 
 
 Sec. 308 a. Statement by Assaulted Female. 
 
 It was held in Callahan vs. U. S., 240 F. 683, that a 
 statement made by the girl to an acquaintance after the 
 fact was not admissible. 
 
 § 309. Seduction of Female Passenger on Vessel. — 
 The substance of Section 5349 becomes new Section 280, 
 which reads as follows: 
 
 "Sec. 280. Every master, officer, seaman, or other person employed 
 on board of any American vessel who, during the voyage, under prom- 
 ise of marriage, or by threats, or the exercise of authority, or solicita- 
 tion, or the making of gifts or presents, seduces and has illicit con- 
 nection with any female passenger, shall be fined not more than one 
 thousand dollars, or imprisoned not more than one year, or both; 
 but subsequent intermarriage of the parties may be pleaded in bar of 
 conviction." 
 
 § 310. Payment of Fine to Female Seduced; Evidence 
 Required; Limitation on Indictment. — Old Sections 5350 
 and 5351 become new Section 281 of the new Code, as 
 follows: 
 
 "Sec. 281. When a person is convicted of a violation of the section 
 last preceding, the court may, in its discretion, direct that the amount 
 of the fine, when paid, be paid for the use of the female seduced, or 
 her child, if she have any; but no conviction shall be had on the 
 testimony of the female seduced without other evidence, nor unless the 
 indictment is found within one year after the arrival of the vessel on 
 which the offense was committed at the port of its destination." 
 
 § 311. Punishment for Loss of Life by Misconduct of 
 Officers, Owners, Charterers, Etc., of Vessels. — Old Sec-
 
 Offenses Within Jurisdiction of United States. 539 
 
 tion 5344 is greatly broadened by new Section 282, which 
 is as follows: 
 
 "Sec. 282. Every captain, engineer, pilot, or other person employed 
 on any steamboat or vessel, by whose misconduct, negligence, or in- 
 attention to his duties on such vessel the life of any person is de- 
 stroyed, and every owner, charterer, inspector, or other public officer, 
 through whose fraud, neglect, connivance, misconduct, or violation 
 of law the life of any person is destroyed, shall be fined not more 
 than ten thousand dollars, or imprisoned not more than cen years, 
 or both. Provided, That when the owner or charterer of any steam- 
 boat or vessel shall be a corporation, any executive officer of such 
 corporation, for the time being actually charged with the control 
 and management of the operation, equipment, or navigation of such 
 steamboat or vessel, who has knowingly and wilfully caused or allowed 
 such fraud, neglect, connivance, misconduct, or violation of law, by 
 which the life of any person is destroyed, shall be fined not more 
 than ten thousand dollars, or imprisoned not more than ten years, or 
 both." 
 
 The term "vessel" was construed to include every de- 
 scription of water-craft, or other artificial contrivance 
 used or capable of being used as a means of transporta- 
 tion on water, in the case of United States vs. Holmes, 
 104 Federal, 884. In that same case, it was also held 
 that the offense named in the statute was complete when 
 the misconduct, negligence, or inattention in the naviga- 
 tion of a vessel by one of the persons named resulted in 
 the loss of human life, and that the indictment there- 
 under need not charge a criminal intent. 
 
 In United States vs. Van Schaick, 134 Federal, 592, 
 which was affirmed in Van Schaick vs. United States, 159 
 Federal, 847, it was held that even though the statute 
 could not reach a corporation owner of a vessel, yet such 
 fact did not affect the right of the Government to prose- 
 cute individuals under said section, who aid and abet the 
 corporation in the commission of the crime; and the 
 owner of a steamship who fails to comply with the stat- 
 ute requiring it to be equipped with life preservers and 
 proper fire appliances, either by supplying none, or by 
 supplying those that are unsuitable, inefficient, and use- 
 less, is guilty of a violation of this section, provided such 
 violation results in the death of a person.
 
 540 Federal Criminal Law Procedure. 
 
 § 312. Maiming. — Old Statutes 5348 becomes the sub- 
 stances of Section 283 of the new Code, as follows: 
 
 "Sec. 283. Whoever, with intent to maim or disfigure, shall cut, 
 bite, or slit, the nose, ear, or lip, or cut out or disable the tongue, 
 or put out or destroy an eye, or cut off or disable a limb or any 
 member of another person; or whoever, with like intent, shall throw 
 or pour upon another person, any scalding hot water, vitriol, or other 
 corrosive acid, or caustic substance whatever, shall be fined not more 
 than one thousand dollars, or imprisoned not more than seven years, 
 or both." 
 
 § 313. Robbery. — Section 5370 of the old statutes be- 
 comes Section 284 in the new Code, in the following 
 words: 
 
 "Sec. 284. Whoever, by force and violence, or by putting in fear, 
 shall feloniously take from the person or presence of another anything 
 of value, shall be imprisoned not more than fifteen years." 
 
 § 314. Arson of Dwelling House. — Section 285 of the 
 new Code adds the new element of destruction by ex- 
 plosives, and reduces the maximum penalty, and is sub- 
 stituted for Section 5385 of the old statutes, and is in 
 the following words: 
 
 "Sec. 285. Whoever shall wilfully and maliciously set fire to, 
 burn, or attempt to burn, or by means of a dangerous explosive destroy 
 or attempt to destroy, any dwelling house, or any store, barn, stable, 
 or other building, parcel of a dwellng house, shall be imprisoned not 
 more than twenty years." 
 
 § 315. Arson of Arsenal, Etc.; Other Buildings, Etc. 
 — Section 286 of the new Code includes many things not 
 enumerated in old Statute 5386, and is in the following- 
 words : 
 
 "Sec. 286. Whoever shall maliciously set fire to, burn, or attempt 
 to burn, or by any means destroy or injure, or attempt to destroy or 
 injure, any arsenal, armory, magazine, rope-walk, ship-house, ware- 
 house, blockhouse, or barrack, or any store-house, barn, or stable, not 
 parcel of a dwelling house, or any other building not mentioned in 
 the section last preceding, or any vessel built, building, or undergoing 
 repair, or any light-house, or beacon, or any machinery, timber, cables, 
 rigging, or other materials or appliances for building, repairing, 
 or fitting out vessels, or any pile of wood, boards, or other lumber, 
 or any military, naval, or victualing stores, arms, or other munitions 
 of war, shall be fined not more than five thousand dollars and im- 
 prisoned not more than twenty years."
 
 Offenses Within Jurisdiction of United States. 541 
 
 The technical quashing of an indictment in United 
 States vs. Cardish, 14 Federal, 640, growing out of the 
 necessity of the Common Law definition of the word "ar- 
 son" controlling in the Federal prosecution, would not 
 be possible under this new section, for the reason that the 
 destruction by fire, as enumerated in the new section, is 
 not limited to the technical meaning of the word "arson" 
 at Common Law. 
 
 § 316. Larceny. — Section 287 of the new Code, which 
 takes the place of old Section 5356, is patterned after the 
 legislation of the various States which recognize two dif- 
 ferent punishments, to be graded by the value of the 
 articles stolen. 
 
 "Sec. 287. Whoever shall take and carry away, with intent to 
 steal or purloin, any personal property of another, shall be punished 
 as follows: If the property taken is of a value exceeding fifty dol- 
 lars, or is taken from the person of another, by a fine of not more 
 than ten thousand dollars, or imprisonment for not more than ten 
 years, or both; in all other cases, by a fine of not more than one 
 thousand dollars, or by imprisonment not more than one year, or 
 both. If the property stolen consists of any evidence of debt, or other 
 written instrument, the amount of money due thereon, or secured 
 to be paid thereby, and remaining unsatisfied, or which in any con- 
 tingency might be collected thereon, or the value of the property the 
 title to which is shown thereby, or the sum which might be recovered 
 in the absence thereof, shall be deemed to be the value of the prop- 
 erty stolen." 
 
 Sec. 316 a. Larceny — Decisions. 
 
 The indictment must charge the actual owner of the 
 property, Thompson vs. U. S., 256 F. 616. 
 
 For a definition of larceny, etc., see Nichamin vs. U. 
 S., 263 F. 880. 
 
 § 317. Receiving, Etc., Stolen Goods. — Section 5357 
 of the old Code is broadened by new Section 288, so as to 
 include the receiving of money which has been embezzled, 
 and by authorizing the trial of the receiver of such money 
 before the trial of the principal offender; the section 
 reading as follows: 
 
 "Sec. 288. Whoever shall buy, receive, or conceal, any money, 
 goods, bank notes, or other thing which may be the subject of larceny, 
 which has been feloniously taken, stolen, or embezzled, from any other
 
 542 Federal Criminal Law Procedure. 
 
 person, knowing the same to have been so taken, stolen, or embezzled, 
 shall be fined not more than one thousand dollars and imprisoned 
 not more than three years; and such person may be tried before or 
 after the conviction of the principal offender." 
 
 In Bise vs. United States, 144 Federal, 374, the Court 
 held that in a prosecution under old section, it was not 
 essential to allege in the indictment that the property was 
 received without the consent of the owner, or with intent 
 to deprive him of its use and benefit; the criminal intent 
 and evil purpose of the receiver being sufficiently alleged 
 where his act is characterized as unlawful and felonious. 
 
 § 318. Laws of State Adopted for Punishing Wrong- 
 ful Acts, Etc. — Ee-written, broadened, and amplified, old 
 Section 5391 becomes new Section 289, in the following 
 words : 
 
 "Sec. 289. Whoever, within the territorial limits of any State, 
 organized Territory, or District, but within or upon any of the places 
 now existing, or hereafter reserved or acquired, described in section 
 two hundred and seventy-two of this act, shall do or omit the doing 
 of any act or thing which is not made penal by any law of Congress, 
 but which if committed or omitted within the jurisdiction of the State, 
 Territory, or District in which such place is situated, by the laws 
 thereof now in force would be penal, shall be deemed guilty of a like 
 offense and be subject to a like punishment; and every such State, 
 Territorial, or District law shall, for the purpose of this section, 
 continue in force, notwithstanding any subsequent repeal or amend- 
 ment thereof by any such State, Territory, or District." 
 
 This is one of the most useful Federal sections. Under 
 it, petty misdemeanors and other offenses not enumerated 
 in the Federal Code, U. S. vs. Barnaby, 51 Federal, page 
 20, the punishment of which, however, is essential, are 
 made in this comprehensive manner federal offenses. In 
 Franklin vs. United States, decided by the Supreme Court 
 on March 14, 1910, that Court-reaffirmed the case of 
 United States vs. Paul, 6 Peters, 141, over the objection 
 made to the constitutionality of the section under dis- 
 cussion, resting such objection upon the contention that 
 the statute would authorize State governments to change 
 penalties for Federal offenses, and said: 
 
 "In United States vs. Paul, 6 Peters, 141, coming here on certifi- 
 cate of division, it was held by this Court, speaking by Chief Justice
 
 Offenses Within Jurisdiction of United States. 543 
 
 Marshall, that the effect of this Section (5391) was limited to the 
 laws of the several States in force at the time of its enactment, and 
 it followed by this Act, Congress adopted for the government of the 
 designated places under the exclusive jurisdiction and control of the 
 United States, the criminal laws then existing in the several States, 
 within which such places were not displaced by specific laws enacted 
 by Congress. Section 2 of the Act of July seventh, 1898, was to the 
 same effect, and, moreover, by express language, Congress adopted 
 such punishment as 'the laws of the State in which such place is 
 situated now provide for the like offense.' There is plainly no dele- 
 gation to the State of authority in any way to change the criminal 
 laws applicable to the places over which the United States has juris- 
 diction." 
 
 In in re Kelly, 71 Federal, 545, the Court held that a 
 cession to the general Government of certain lands tor a 
 soldiers' home, in the Act giving the consent of the State 
 to purchase such land, does not confer exclusive jurisdic- 
 tion, and that upon such lands so ceded for the purpose 
 of a home for disabled soldiers, the criminal laws of the 
 United States, which apply only to places within their 
 exclusive jurisdiction, are not operative. See also Unit- 
 ed States vs. Barnaby, 51 Federal, 20. 
 
 § 318a. Libel not Federal Offense. — The Supreme 
 Court of the United States in U. S. vs. Press Publishing 
 Company, 219 U. S., 1, held that a prosecution for libel 
 under the foregoing section could not be had in the Unit- 
 ed States Courts when the laws of the state of New York 
 under which the libel was circulated contained a unity 
 act providing that it was a criminal act to publish and 
 circulate a libel and since the laws of the state of New 
 York afforded adequate means for punishing such cir- 
 culation on a United States reservation in said State, 
 successful prosecution could not be had in the Federal 
 Courts for such circulation on such reservation and as a 
 distinct and separate offense from the publication. See 
 also Franklin vs. U. S., 216 U. S., 559.
 
 CHAPTER XV. 
 
 PIRACY AND OTHER OFFENSES UPON THE HIGH SEAS. 
 
 § 319. Generally. 
 
 320. Piracy in the Code: 5368—290. 
 
 321. Maltreatment of Crew by Officers of Vessel: 5347 — 291. 
 
 322. Extradition for this Offense: New Code, 321. 
 322a. Extradition. 
 
 323. Inciting Revolt of Mutiny on Ship-Board: 5359 — 292. 
 323a. Elements of Mutiny. 
 
 324. Revolt and Mutiny on Ship-Board: 5360 — 293. 
 
 325. Seaman Laying Violent Hands on His Commander: 5369 — 294. 
 
 326. Abandonment of Mariners in Foreign Ports: 5363 — 295. 
 
 327. Conspiracy to Cast Away Vessel: 5364 — 296. 
 
 328. Plundering Vessel, Etc., in Distress: 5358—297. 
 
 329. Attacking Vessel With Intent to Plunder: 5361—298. 
 
 330. Breaking and Entering Vessel, Etc.: 5362 — 299. 
 
 331. Owner Destroying Vessel at Sea: 5365 — 300. 
 
 332. Other Persons Destroying or Attempting to Destroy Vessel at 
 
 Sea: 5366and 5367—301. 
 
 333. Robbery on Shore by Crew of Piratical Vessel: 5371 — 302. 
 
 334. Arming Vessel to Cruise Against the Citizens of the United 
 
 States: 5284—303. 
 
 335. Piracy Under Color of a Foreign Commission: 5373 — 304. 
 
 336. Piracy by Subjects or Citizens of a Foreign State: 5374 — 305. 
 
 337. Running Away With or Yielding Up Vessel of Cargo: 5383 — 
 
 306. 
 
 338. Confederating, Etc., with Pirates: 5384 — 307. 
 
 339. Sale of Arms and Intoxicants Forbidden in Pacific Islands: 
 
 32 St. L., 33—308. 
 
 340. Offenses Under Preceding Section Deemed on High Seas: Act 
 
 February 14, 1902—309. 
 340a. High Seas — Decisions. 
 
 341. "Vessels of the United States" Defined: New Code, 310. 
 
 § 319. Piracy is an offense against the international 
 law, and as snch, the authorities define it to be any for- 
 cible depredation on the high seas, perpetrated in gen- 
 eral hostility to mankind, for the gain or other private 
 ends of the doers. First Kent's Commentary, page 183, 
 defines it as follows: 
 
 "Piracy is robbery or a forcible depredation on the high seas, with- 
 out lawful authority, and done animo furancli and in the spirit and 
 intention of universal hostility. It is the same offense at sea with 
 
 (544)
 
 Piracy and Other Offenses upon the High Seas. 545 
 
 robbery on land; and all tbe writers on the law of nations and on 
 the maritime law of Europe agree in this definition of piracy." 
 
 Lord Coke said that a pirate is a rover and a robber upon 
 the sea. 
 
 The statutes of the United States make piracy a Fed- 
 eral offense. The original punishment was by death. The 
 Act of January fifteenth, 1897, 29 Statute at Large, 487, 
 substituted life imprisonment. 
 
 § 320. Piracy.— Section 290 of the new Code takes 
 the place of Section 5368 of the old Code, which had been 
 amended as before mentioned, and section 290 reads as 
 follows: 
 
 "Sec. 290. Whoever, on the high seas, commits the crime of piracy 
 as defined by the law of nations, and is afterwards brought into or 
 found in the United States, shall be imprisoned for Life." 
 
 Some cases of the Common Law doctrine, applied 
 either in the construction of the statutes or otherwise, 
 are the "Marinna Flora," 11 Wheat., 1; U. S. vs. Gilbert, 
 2 Sumn., 19; U. S. vs. Tully, 1 Gallis, 247; the "Ante- 
 lope," 10 Wheat., 66; U. S. vs. Jones, 3 Wash., C. C, 209; 
 United States vs. Pirates, 5 Wheat., 184; U. S. vs. Pal- 
 mer, 3 Wheat., 610; U. S. vs. Smith, 5 Wheat., 153; U. 
 S. vs. Klintock, 5 Wheat., 144. 
 
 In the case of Ambrose Light, 25 Federal, 408, Judge 
 Brown said: 
 
 "Accordingly, the definitions of piracy, aside from statutory piracy, 
 fall naturally into two classes, according as the offense is viewed 
 more especially as it affects the rights of nations, or is amenable to 
 criminal punishment under the municipal law. The Common Law 
 jurists and our standard authorities on Criminal Law, define piracy 
 as robbery on the high seas; or such acts of violence or felonious 
 taking on the high seas as upon land would constitute the crime of 
 robbery The majority of authorities on international law, how- 
 ever, define it substantially as Wheaton defines it, namely: as, 'the 
 offenses of depredating on the high seas without being authorized 
 by any sovereign State, or with commissions from different sover- 
 eigns at war with each other." 
 
 The reading of our statute sends us for a definition of 
 the offense to this last authority, and it may be accepted 
 as the correct definition.
 
 546 Federal Criminal Law Procedure. 
 
 § 321. Maltreatment of Crew by Officers of Vessel. — 
 Old Section 5347, by eliminating the word "American" 
 before the word '"vessel," and adding the words "of 
 the United States" after the word "vessel," becomes 
 new Section 291, as follows: 
 
 "Sec. 291. Whoever, being the master or officer of a vessel of the 
 United States, on the high seas, or on any other waters within the 
 admiralty and maritime jurisdiction of the United States, beats, 
 wounds, or without justifiable cause, imprisons any of the crew of 
 such vessel, or withholds from them suitable food and nourishment, 
 or inflicts upon them any cruel and unusual punishment, shall be 
 fined not more than one thousand dollars, or imprisoned not more 
 than fiv e years, or both. Nothing herein contained shall be construed 
 to repeal or modify section forty-six hundred and eleven of the Re- 
 vised Statutes." 
 
 Originally, this Act included the words "malice, 
 hatred, or revenge"; and while these words were in the 
 statute, many decisions were rendered upon a state of 
 facts showing, or failing to show, such condition of 
 mind, but which decisions would not be at all helpful 
 under the statute in its present shape. 
 
 Under the authority of the United States vs. Trice, 30 
 Federal, 490, anyone who, by authority, exercises the 
 function of control over the actions of the crew, or any 
 part of it, by giving direction to their work, is an officer 
 within the meaning of the Eevised Statutes of the Unit- 
 ed States, and is liable to the penalty, if he beat or 
 wound one of the crew. Thus, upon a state of facts 
 which showed that one of the roust-abouts belonging to 
 the crew of a boat was set over the rest as captain of 
 the watch, which power to direct their work and demand 
 obedience to his orders, and while so acting, beat and 
 wounded one of the crew so under his command, he was 
 an officer within the meaning of the statute, and amena- 
 ble to its penalty. 
 
 Since the abolition of corporal punishment by the old 
 Section 4611 in the 1878 Statutes, a punishment by flog- 
 ging is without "justifiable cause." United States vs. 
 Cutler, 1 Curt., 501, 25 Federal Case No. 14910. In line 
 with the Trice case, cited supra, is United States vs. 
 Taylor, 2 Sumn., 584, 28 Federal Case No. 16442. It is 
 needless to sav in this connection that this statute pro-
 
 Piracy and Other Offenses upon the High Seas. 547 
 
 tects the crew of a United States vessel, it does not mat- 
 ter upon what waters she be sailing, and where the of- 
 fense denounced by the statute is committed on hoard 
 such a vessel, it is an offense against the United States, 
 though the vessel be in a harbor or river or a foreign 
 country. United States vs. Bennett, 3 Hughes, 466, 24 
 Federal Cases, 14574; Roberts vs. Skoelfield, 20 Federal 
 Cases No. 11917. Under the authority of United States 
 vs. Reed, 86 Federal, 308, the captain of a vessel is 
 bound to exercise the same care to discover that his ves- 
 sel is properly provisioned when he undertakes a new 
 voyage, after having had difficulty or trouble at sea, 
 that he is bound to observe in the original provisioning 
 of his vessel at the outset of the voyage. Sections 4568 
 and 4612 of the old statutes provide what constitutes 
 short allowance of food, etc., as meant by the statute 
 under discussion. This section comprises four different 
 offenses: beating or wounding; imprisoning; deprivation 
 of suitable food and nourishment; the infliction of any 
 cruel and unusual punishment. 
 
 § 322. Extradition for This Offense. — It was decided 
 by the Supreme Court, in United States vs. Ranschur, 
 that one who had committed an offense against this 
 statute, and who was apprehended in a foreign country 
 and extradited upon the charge of murder, could not be 
 tried in this country under an indictment found under 
 this section, even though the identical acts relied upon 
 to prove the charge of the indictment were the same acts 
 as those charged to have been relied upon for the charge 
 of murder. The Treaty, the Acts of Congress, and the 
 proceedings by which he was extradited, clothe him 
 with the right to exemption from trial for any other of- 
 fense until he has had opportunity to return to the coun- 
 try from which he was taken, for the purpose of trial 
 for the offense specified in the demand for his surrender. 
 
 § 322a. Extradition. — For extradition generally, see 
 Section 42k; also Drew vs. Thaw, U. S. Supreme Court, 
 235 U. S. 432; McNamara vs. Henkel, U. S. Supreme 
 Court, 226 U. S. 520; Gluckman vs. Henkel, 221 U. S.; 
 508; ex parte Charlton, 185 Federal, 880; ex parte Gra- 
 ham, 216 Federal, 813; ex parte Zentner, 188 Federal,
 
 548 Federal Criminal Law Procedure. 
 
 344 ex parte Urzna, 188 Federal, 541 ; Sheriff vs. Daily, 
 221 U. S., 280. 
 
 § 322b. Extradition, Continued. — See section 5278 
 R. S. U. S. See also Innes vs. Tobin, U. S. Sup. Ct. Feb- 
 ruary 1916. 
 
 § 323. Inciting Revolt or Mutiny on Ship Board. — 
 Section 5359 of the old statutes becomes Section 292 of 
 the new Code, without substantial change, except that 
 the words "of the United States" have been added after 
 the word "vessel"; the section now reading as follows: 
 
 "Sec. 292. Whoever, being of the crew of a vessel of the United 
 States, on the high seas, or on any other waters within the admiralty 
 and maritime jurisdiction of the United States, endeavors to make a 
 revolt or mutiny on board such vessel, or combines, conspires, or 
 confederates with any other person on board to make such revolt 
 or mutiny, or solicts, incites, or stirs up any other of the crew to 
 disobey or resist the lawful orders of the master or other officer of 
 such vessel, or to refuse or neglect their proper duty on board there- 
 of, or to betray their proper trust, or assembles with others in a 
 tumultuous and mutinous manner, or makes a riot on board thereof, 
 or unlawfully confines the master or other commanding officer there- 
 of, shall be fined not more than one thousand dollars, or imprisoned 
 not more than five years, or both." 
 
 The jurisdictional question suggested in the statute 
 is that only the acts therein mentioned become acts 
 punishable in United States Courts when the vessel is 
 a United States vessel; and when that is the case, the 
 acts are punishable in the United States, whether the 
 vessel be on the high seas, in foreign port, or harbor, or 
 upon waters within the admiralty and maritime judis- 
 diction of this government. The word "crew" in the 
 statute must necessarily include the mate and all other 
 inferior officers, as well as the crew proper. In fact, 
 it includes the entire force of the vessel, with the ex- 
 ception of the master. This was the holding in the 
 United States vs. Huff, 13 Federal, page 630. That case 
 also makes the distinction between mere passive dis- 
 obedience and active resistance. In other words, the 
 statute would not include a case of simple passive dis- 
 obedience of the master's orders on the part of one of 
 the crew, not participated in by others. So, also, that 
 case includes within the meaning of the statute an un- 
 lawful confinement of the master, even though such con-
 
 Piracy and Other Offenses upon the High Seas. 549 
 
 finement was not physical, but merely a confinement by 
 intimidation, or threats of bodily injury from the free 
 use of every part of the vessel in the preformance of his 
 functions as master. 
 
 In the case of United States vs. Crawford, 25 Federal 
 Cases No. 14890, it was held that the vessel must be 
 provided to be an American vessel, but that such proof 
 can be made by parol. So, also, it was ruled in United 
 States vs. Seagrist, 27 Federal Case 16245, and 27 Fed- 
 eral Case No. 16037. A vessel engaged in the whaling 
 business, which has not taken out an American license 
 or enrollment, is not protected by this statute, and an 
 indictment will not hold under this section against her 
 crew for revolt. United States vs. Eogers, 27 Federal 
 Case No. 16189. See also United States vs. Jenkins, 
 26 Federal Case No. 15437a. For other cases illustrating 
 the statute, see United States vs. Sharp, 27 Federal Case 
 16246; United States vs. Doughty, 25 Federal Case 
 14987; United States vs. Kelley, 11 ' Wheat., 417; United 
 States vs. Smith, 27 Federal Case No. 16344; United 
 States vs. Forbes, 25 Federal Case No. 15129; U. S. vs. 
 Lynch, 26 Federal Case No. 15648; United States vs. 
 Thompson, 28 Federal Case No. 16492. As defense to an 
 indictment under this section, the Courts have permitted 
 the crew to show that the vessel was unseaworthy, and 
 that, therefore, they resisted its sailing, United States 
 vs. Ashton, 24 Federal Case No. 14470; also, where they 
 have refused to perform their duty on account of a pro- 
 posed deviation in the original line of voyage, United 
 States vs. Matthews, 26 Federal Case No. 15742. 
 
 § 323a. Elements of Mutiny. — In order to warrant a 
 conviction under either Section 292 or 293 it must ap- 
 pear that the offense was committed on the high seas, 
 on a vessel of the United States, that defendants were 
 members of the crew, and that the person so deprived 
 of command was the master of the vessel, or officer in 
 command on board thereof, and while so in command 
 defendants or some of them feloniously confined him 
 and deprived him of the free and lawful exercise of 
 his authority, and also that the defendants were appre- 
 hended when first brought into the district where the 
 prosecution was instituted. U. S. vs. Reid et al. 210
 
 550 Federal Criminal Law Procedure. 
 
 Federal, 486. Insults, profanity, inconsiderate treat- 
 ment, and occasional violence not of an unusual charac- 
 ter will not warrant mutiny. U. S. vs. Eeid, 210 Federal, 
 486. 
 
 § 324. Revolt and Mutiny on Ship Board. — By add- 
 ing the words "of the United States" after the word 
 "vessel," old Section 5360 becomes new Section 293 in 
 the following words: 
 
 "Sec. 293. Whoever, being of the crew of a vessel of the United 
 States, on the high seas, or on any other waters within the admiralty 
 and maritime jurisdiction of the United States, unlawfully and with 
 force, or by fraud, or intimidation, usurps the command of such 
 vessel from the master or other lawful officer in command thereof, 
 or deprives him of authority and command on moard, or resists or 
 prevents him in the free and lawful exercise thereof, or transfers 
 such authority and command to another not lawfully entitled thereto, 
 is guilty of a revolt and mutiny, and shall be fined not more than two 
 thousand dollars and imprisoned not more than ten years." 
 
 Under the authority of United States vs. Haines, 26 
 Federal Case No. 15275, and United States vs. Forbes, 
 25 Federal Case No. 15129, as cited in Volume 6 Federal 
 Statutes, page 929, a revolt is an open rebellion or 
 mutiny of the crew against the authority of the Master 
 in the command, navigation, or control of the ship. If 
 the crew, in a mutiny, were to displace him from the 
 actual command of the ship, and appoint another in his 
 stead, that would clearly be a revolt. It would be an 
 actual usurpation of his authority on board of the ship 
 and an ouster of him from the possession and control 
 of it. As determined in United States vs. Almeida, 24 
 Federal Case No. 14433, the unlawful acts which now 
 fall within the definition of a maritime revolt are dis- 
 tributed by the language of the Section into four cate- 
 gories or classes: first, simple resistance to the exercise 
 of the captain's authority; second, the deposition of the 
 captain from his command; third, the transfer of the 
 captain's power to a third person; and, fourth, the usur- 
 pation of the captain's power by the accused party. See 
 also United States vs. Haines and United States vs. 
 Forbes, cited supra. Other cases are United States vs. 
 Borden, 24 Federal Case, 1202; United States vs. Giv- 
 ings, 25 Federal Case, 1331; United States vs. Haskell,
 
 Piracy and Other Offenses upon the High Seas. 551 
 
 26 Federal Case, 207; United States vs. Peterson, 227 
 Federal Case, 515. 
 
 See also Sections 323 and 323a. Also U. S. vs. Rcid 
 et al., 210 Federal, 486 
 
 § 325. Seaman Laying Violent Hands on His Com- 
 mander. — By changing the penalty in old Section 5369 
 from death to imprisonment for life, that section be- 
 comes Section 294 of the new Code, as follows: 
 
 "Sec. 294. Whoever, being a seaman, lays violent hands upon his 
 commander, thereby to hinder and prevent his fighting in defense 
 of his vessel or the goods intrusted to him, is a pirate, and shall 
 be imprisoned for life." 
 
 § 326. Abandonment of Mariners in Foreign Ports. 
 — Section 5363 of the old statutes, taking into considera- 
 tion Section 310 of the new Code, which defines what the 
 words "vessel of the United States" means, is practical- 
 ly the same as Section 295 of the new Code, in the follow- 
 ing words : 
 
 "Sec. 295. Whoever, being master or commander of a vessel of the 
 United States, while abroad, maliciously and without justifiable cause 
 forces any officer or mariner of such vessel on shore, in order to 
 leave behind him in any foreign port or place, or refuses to bring 
 home again all such officers and mariners of such vessel whom he 
 carried out with him, as are in a condition to return and willing to 
 return, when he is ready to proceed on his homeward voyage, shall 
 be fined not more than five hundred dollars, or imprisoned not more 
 than six months, or both." 
 
 See United States vs. Ruggles, 5 Mass., 192; United 
 States vs. Coffin, 1 Sumn., 394; United States vs. Netch- 
 er, 1 Storey, 307; United States vs. Riddle, 4 Wash., 644; 
 Nieto vs. Clark, 18 Federal Case, 236. 
 
 In Chinese Laborers Case, 13 Federal Reporter, 291, 
 the Court held that the immigration laws of the United 
 States, which prohibited the importation of Chinese 
 laborers, did not apply to bringing a Chinese laborer 
 already on board the vessel when touching at a foreign 
 port or place. In other words, while on board an Ameri- 
 can vessel, a Chinese laborer is within the jurisdiction of 
 the United States, and does not lose, by his employment, 
 the right of residence here previously acquired under 
 the treaty with China. His status as an American citi-
 
 552 Federal Criminal Law Procedure. 
 
 zen is not changed by the fact of his employment on an 
 American vessel, and that he is permitted by the captain 
 to land for a few hours in a foreign port. 
 
 § 327. Conspiracy to Cast Away Vessel. — Old Sec- 
 tion 5364 becomes, without any material change, Sec- 
 tion 296 of the new Code, in the following words: 
 
 "Sec. 296. Whoever, on the high seas, or within the United States, 
 wilfully and corruptly conspires, combines, and confederates with 
 any other person, such other person being either within or without 
 the United States, to cast away or otherwise destroy any vessel, with 
 intent to injure any person that may have underwritten or may there- 
 after underwrite any policy of insurance thereon or on goods on 
 board thereof, or with intent to injure any person that has lent or 
 advanced, or may lend or advance, any money on such vessel on 
 bottomry or respondentia; or whoever, within the United States, 
 builds, or fits out, or aids in building or fitting out, any vessel with 
 intent that the same be cast away or destroyed, with the intent here- 
 inbefore mentioned, shall be fined not more than ten thousand dollars 
 and imprisoned not more than ten years." 
 
 The constitutionality of this section has been deter- 
 mined in United States vs. Cole, 5 McLean, 513; 25 Fed- 
 eral Cases No. 14832; and in that same case it was also 
 determined that the section related to the internal, as 
 well as the foreign commerce of the United States. In 
 that same case, it was also held that an actual injury was 
 not necessary; as, for instance, any combination or con- 
 spiracy to bring about the destruction of the vessel or 
 any portion of its cargo, ripened the offense of the stat- 
 ute. 
 
 In United States vs. Hand, 6 McLean, 274; 26 Federal 
 Cases No. 15296, the Court speaks of the specific intent 
 necessary under the statute, which must be both alleged 
 and proven. 
 
 § 328. Plundering Vessel, Etc., in Distress. — By in- 
 creasing the punishment from ten years to life imprison- 
 ment, old Section 5358 becomes new Section 297, in the 
 following words: 
 
 "Sec. 297. Whoever plunders, steals or destroys any money, goods, 
 merchandise, or other effects, from or belonging to any vessel in 
 distress, or wrecked, lost, stranded, or cast away, upon the sea, or 
 upon any reef, shoal, bank, or rocks of the sea, or in any other place 
 within the admiralty and maritime jurisdiction of the United States,
 
 Piracy and Other Offenses upon the High Seas. 553 
 
 shall be fined not more than five thousand dollars and imprisoned 
 not more than ten years; and whoever wilfully obstructs the escape 
 of any person endeavoring to save his life from such vessel, or the 
 wreck thereof; or whoever holds out or shows any false light, or 
 extinguishes any true light, with intent to bring any vessel sailing 
 upon the sea into danger, or distress, or ship-wreck, shall be imprisoned 
 not less than ten years and may be imprisoned for life." 
 
 Under United States vs. Coombs, 12 Peters, 72, it is 
 entirely immaterial whether the goods be upon the ves- 
 sel or not, or whether the goods be above high water 
 mark. It is entirely sufficient if it be property belonging 
 to any ship or vessel. This same case determined the 
 constitutionality of this section, and held that it was 
 within the power of Congress, under the commerce 
 clause of the Constitution. 
 
 In United States vs. Stone, 8 Federal, 232, Judge Ham- 
 mond overruled a motion for a new trial which was re- 
 quested by certain men who were convicted for plunder- 
 ing the wreck of the City of Vicksburg, out of which 
 fifty-one indictments were found; and in that opinion, 
 he held that Section 5358 was comprehensive, and of- 
 forded an extraordinary protection to property within the 
 admiralty and maritime jurisdiction of the United 
 States, by creating and punishing a substantive and dis- 
 tinct offense for all acts of spoliation upon the property 
 belonging to a vessel wrecked or in distress; that it was 
 not alone the crime of larceny that the statute punishes, 
 but any act of depredation whether it be of the charac- 
 ter that would be piracy if committed on the high seas, 
 robbery or other forcible taking, theft, trespass, mali- 
 cious mischief, or any fraudulent and criminal breach of 
 trust, if committed on land, of property solely under 
 the protection of Common or statutory law of the State; 
 and that no specific intent was necessary under the stat- 
 ute to constitute the offense. In other words, any in- 
 tent, except that of restoring the goods to the vessel 
 of the owner, was the unlawful intent comprehended 
 under the statute; and whether conceived at the time of 
 the taking, or subsequently thereto, if carried out, made 
 the offense complete. 
 
 United States vs Sanche was the upholding of a con- 
 spiracy indictment under Section 5440, for a violation of
 
 554 Federal Criminal Law Procedure. 
 
 5358. Other cases bearing upon different features of 
 this section are United States vs. Kessler, 26 Federal 
 Cases, 766; United States vs. Pitman, 27 Federal Case, 
 540; United States vs. Smiley, 27 Federal Cases, 1132. 
 
 § 329. Attacking Vessel with Intent to Plunder.— 
 Because of Section 272 of the new Code, heretofore not- 
 ed, Section 298 of the new Code, which is a re-enactment 
 of Section 5361 of the old statutes does not enumerate 
 the waters upon which the offense may be committed, 
 and Section 298 is in the following words: 
 
 "Sec. 298. Whoever, upon the high seas or on any other waters 
 within the admiralty and maritime jurisdiction of the United States, 
 by surprise or by open force, maliciously attacks or sets upon any 
 vessel belonging to another, with an intent unlawfully to plunder the 
 same, or to despoil any owner thereof of any moneys, goods, or mer- 
 chandise laden on board thereof, shall be fined not more than five 
 thousand dollars and imprisoned not more than ten years." 
 
 United States vs. Stone, 8 Federal, 232, cited supra. 
 
 § 330. Breaking and Entering Vessel, Etc. — By 
 changing old Section 5362 so as to limit it to offenses 
 that are committed out of the jurisdiction of any par- 
 ticular State, such section becomes Section 299 of the 
 new Code, in the following words: 
 
 "Sec. 299. Whoever, upon the high seas, or on any other waters 
 within the admiralty and maritime jurisdiction of the United States, 
 and out of th e jurisdiction of any particular State, breaks or enters any 
 vessel, with intent to commit any felony, or maliciously cuts, spoils, 
 or destroys any cordage, cable, buoys, buoy rope, head fast, or other 
 fast, fixed to the anchor or moorings belonging to any vessel, shall 
 be fined not more than one thousand dollars and imprisoned not more 
 than five years." 
 
 § 331. Owner Destroying Vessel at Sea. — Old Sec- 
 tion 5365 denounced the acts only when committed upon 
 the high seas. New Section 300 so broadens the offense 
 as to include all the waters within the admiralty and 
 maritime jurisdiction of the United States, and reads as 
 follows: 
 
 "Sec. 300. Whoever, upon the high seas or on any other waters 
 within the admiralty and maritime jurisdiction of the United States, 
 wilfully and corruptly casts away or otherwise destroys any vessel,
 
 Piracy and Other Offenses upon the High Seas. 555 
 
 of which he is owner, in whole or in part, with intent to prejudice 
 any person that may underwrite any policy of insurance thereon, of 
 any merchant that may have goods thereon, or any other owner of 
 such vessel, shall be imprisoned for life or for any term of years." 
 
 § 332. Other Persons Destroying or Attempting to 
 Destroy Vessel at Sea.— Section 301 of the new Code 
 takes the place of old Sections 5366 and 5367, by incor- 
 porating both the act and the attempt to perform the 
 act of destruction, and is in the following words: 
 
 "Sec. 301. Whoever, not being an owner, upon the high seas or 
 on any other waters within the admiralty and maritime jurisdiction 
 of the United States, wilfully and corruptly casts away or otherwise 
 destroys any vessel of the United States to which he belongs, or, 
 wilfully, with intent to destroy the same, sets fire to any such vessel, 
 or otherwise attempts the destruction thereof, shall be imprisoned 
 not more than ten years." 
 
 The Act, it will be noted, covers the offense not only 
 upon the high seas, as did the original statutes, but upon 
 any other waters within the admiralty and maritime 
 jurisdiction of the United States. In United States vs. 
 Vanranst, 28 Federal Case, No. 16608, the Court held 
 that the offense was complete under this section if the 
 mate destroyed the vessel, even though he had no in- 
 terest therein, and even though the plan for its destruc- 
 tion was laid before the sailing by the owner himself. 
 See also United States vs. Jacobson, 26 Federal Cases, 
 No. 16461. See also United States vs. Wilson, 28 Fed- 
 eral Case, 718; U. S. vs. McAvoy, 26 Federal Case, 1044. 
 
 § 333. Robbery on Shore by Crew of Piratical Ves- 
 sel. — Section 5371 becomes Section 302 of the new Code 
 as follows: 
 
 "Sec. 302. Whoever, being engaged in any piratical cruise, or en- 
 terprise, or being of the crew of any piratical vessel, lands from such 
 vesseL and on shore commits robbery, is a pirate, and shall be im- 
 prisoned for life." 
 
 In the construction of the general terms "piratical 
 cruise," of his section, the pleader will look to the def- 
 inition of piracy, as heretofore given. 
 
 § 334. Arming Vessel to Cruise Against the Citizens
 
 556 Federal Criminal Law Procedure. 
 
 of the United States. — Section 303 of the new Code takes 
 the place of old Section 5284, and is as follows: 
 
 "Sec. 303. Whoever, being a citizen of the United States, without 
 the limits thereof, fits out and arms, or attempts to fit out and arm, 
 or procures to be fitted out and armed, or knowingly aids or is con- 
 cerned in furnishing, fitting out, or arming, any private vessel of 
 war, or privateer, with intent that such vessel shall be imployed to 
 cruise or commit hostilities upon the citizens of the United States, 
 or their property, or whoever takes the command of or enters on 
 board of any such vessel, for such intent, or who purchases any in- 
 terest in any vessel with a view to share in the profits thereof, shall 
 be fined not more than ten thousand dollars and imprisoned not more 
 than ten years. The trial for such offense, if committed without the 
 limits of the United States, shall be in the district in which the offen- 
 der shall be apprehended or first brought." 
 
 See United States vs. Howard, 3 Wash., 430; 26 Fed- 
 eral Case, 390. 
 
 § 335. Piracy Under Color of a Foreign Commission. 
 — Section 5373 of the old Statute becomes Section 304 of 
 the new Code, as follows: 
 
 "Sec. 304. Whoever, being a citizen of the United States, commits 
 any murder or robbery, or any act of hostility against the United States, 
 or against any citizen thereof, on the high seas, under color of any 
 commission from any foreign prince, or state, or on pretense of author- 
 ity from any person, is, notwithstanding the pretense of such authority, 
 a pirate, and shall be imprisoned for life." 
 
 See United States vs. Palmer, 3 Wheat,, 610; United 
 States vs. Baker, 5 Blatchf., 6; 24 Federal Cases, 962; 
 United States vs. Hutchings, 26 Federal Case, 440; Unit- 
 ed States vs. Terrel, 1 Federal Case, 999. 
 
 § 336. Piracy by Subjects or Citizens of a Foreign 
 State. — Section 305 of the new Code displaces Section 
 5374 of the old statutes, and is as follows: 
 
 "Sec. 305. Whoever, being a citizen or subject of any foreign state, 
 is found and taken on the sea making war upon the United States, 
 or cruising against the vessels and property thereof, or of the citizens 
 of the same, contrary to the provisions of any treaty existing between 
 the United States and the state of which the offender is a citizen 
 or subject, when by such treaty such acts are declared to be piracy, 
 is guilty of piracy, and shall be imprisoned for life."
 
 Piracy axd Other Offenses upon the High Seas. 55*3 
 
 § 337. Running Away with or Yielding up Vessel or 
 Cargo.— Old Section 5383 becomes new Section 306 in 
 the following words: 
 
 "Sec. 306. Whoever, being a captain or other officer or mariner 
 of a vessel upon the high seas or on any other waters within the 
 admiralty and maritime jurisdiction of the United States, piratically 
 or feloniously runs away with such vessel, or with any goods or mer- 
 chandise thereof, to the value of fifty dollars, or who yields up such 
 vessel voluntarily to any pirate, shall be fined not more than ten 
 thousand dollars, or imprisoned not more than ten years, or both." 
 
 In United States vs. Tully, 28 Federal Case, 16545, the 
 intent must be alleged and proven, as in other criminal 
 cases requiring such proof and allegation; but the parat- 
 ical and felonious running away with a vessel does not 
 mean that personal force and violence must have been 
 used. See also United States vs. Howard, 26 Federal 
 Case, 15404; United States vs. Kessler, 26 Federal Case, 
 15528. 
 
 § 338. Confederating, Etc., with Pirates. — New Sec- 
 tion 307 takes the place of old Section 5384, and is in the 
 following words: 
 
 "Sec. 307. Whoever attempts or endeavors to corrupt any com- 
 mander, master, officer, or mariner to yield up or to run away with 
 any vessel, or with any goods, wares, or merchandise, or to turn 
 pirate, or to go over to or confederate with pirates, or in any wise 
 to trade with any pirate, knowing him to be such, or furnishes such 
 pirate with any ammunition, stores, or provisions of any kind, or 
 fits out any vessel knowingly and, with a design to trade with, supply, 
 or correspond with any pirate or robber upon the seas; or whoever 
 consults, combines, confederates, or corresponds with any pirate or 
 robber upon the seas, knowing him to be guilty of any piracy or 
 robbery; or whoever, being a seaman, confines the master of any 
 vessel, shall be fined not more than one thousand dollars and impris- 
 oned not more than three years." 
 
 See U. S. vs. Howard, 26 Federal Cases, 390. 
 
 § 339. Sale of Arms and Intoxicants Forbidden in 
 Pacific Islands.— The Act of February 14, 1902, 32 Stat- 
 ute at Large, 33, becomes Section 308 of the new Code, 
 in the following words: 
 
 "Sec. 308. Whoever, being subject the authority of the United 
 States, shall give, sell, or otherwise supply any arms, ammunition,
 
 558 Federal Criminal Law Procedure. 
 
 explosive substance, intoxicating liquor, or opium to any aboriginal 
 native of any of the Pacific Islands lying within the twentieth par- 
 allel of north latitude and the fortieth parallel of south latitude, 
 and the one hundred and twentieth meridian of longitude west and 
 the one hundred and twentieth meridian of longitude east of 
 Greenwich, not being in the possession or under the protection of 
 any civilized power, shall be fined not more than fifty dollars or 
 imprisoned not more than three months, or both. In addition to such 
 punishment, all articles of a similar nature to those in respect to 
 which an offense has been committed, found in the possession of 
 the offender, may be declared forfeited. If it shall appear to the 
 court that such opium, wine, or spirits have been given bona fide 
 for medical purposes, it shall be lawful for the court to dismiss the 
 charge." 
 
 § 340. Offenses Under Preceding Section Deemed on 
 High Seas. — Another part of the Act of February 14, 
 1902, becomes Section 309 of the new Code, as follows: 
 
 "Sec. 309. All offenses against the provisions of the section last 
 preceding, committed on any of said islands, or on the waters, rocks, 
 or keys adjacent thereto, shall be deemed committed on the hign 
 seas on board a merchant ship or vessel belonging to the United States, 
 and the courts of the United States shall jurisdiction accordingly.'' 
 
 Sec. 340a. High Seas and Decisions. 
 
 For discussion of high seas and jurisdiction of United 
 States courts see Miller vs. U. S., 242 F. 907. 
 
 A high sea crime is triable in any district where the de- 
 fendant is found or into which he is first brought. Peder- 
 sen vs. U. S., £71 F. 187, but this does not mean tempo- 
 rary stopping of a ship as at quarantine station. 
 
 § 341. Vessels of the United States Denned. — Section 
 310 of the new Code reads as follows: 
 
 "Sec. 310. The words 'vessel of the United States,' wherever they 
 occur in this chapter, shall be construed to mean a vessel belonging 
 in whole dr in part to the United States, or any citizen thereof, or 
 any corporation created by or under the laws of the United States, or 
 of any State, Territory, or District thereof."
 
 CHAPTER XVI. 
 
 CERTAIN OFFENSES IN THE TERRITORIES. 
 
 § 342. No Conflict Between Territory Code and United States Code: 
 New Code, 311. 
 
 343. Circulation of Obscene Literature, Promoting Abortion, How 
 
 Punished: 5389—312. 
 
 344. Polygamy: 5352—313 
 
 345. Unlawful Cohabitation: New Code, 314. 
 
 346. Joinder of Counts: New Code, 315. 
 
 347. Decisions on Foregoing Statutes. 
 
 348. Adultery: I Sup., 568—316. 
 
 349. Incest: I Sup., 568—317. 
 
 350. Fornication: I Sup., 568—318. 
 
 351. Certificates of Marriage; Penalty for Failure to Record. 
 
 352. Prize Fights, Bull Fights, etc., II Sup., 446—320. 
 
 353. "Pugilistic Encounter" Defined: II Sup., 446—321. 
 
 354. Train Robberies in Territories, Etc.: New Code, 322. 
 
 § 324. Territory Code and U. S. Code.— The Code 
 provides certain specific offenses for the territories of the 
 United States and if there be in any territory a statute 
 relating to a like matter, such statute ceases to be controll- 
 ing. In other words, the law of the parent government 
 is paramount. I'he legislation of Congress will super- 
 sede the legislation of a state or territory, without specific 
 provisions to that effect, in those cases wherein the same 
 matter is the subject of legislature by both. There the 
 action of Congress may well be considered as covering the 
 entire ground. David vs. Beason, 133 U. S., 33. Chan- 
 cellor Kent in 1st Com., page 387, says on this subject, 
 "Two distinct laws cannot at the same time be exercised 
 in relation to the same subject, effectually, and at the 
 same time be compatible with each other. If they cor- 
 respond in every respect then the latter is idle and in- 
 operative. If they differ they must, in the nature of 
 things, oppose each other so far as they do differ. ' ; The 
 Supreme Court of the United States in Passenger Cases, 
 7 How., 394, said, "A concurrent power excludes the idea 
 of a dependent power. The general government, and a 
 state, exercise concurrent powers in taxing the people of 
 the State. The object of taxation may be the same, 
 but the motives and policy of the tax are different and 
 
 (559)
 
 560 Federal Criminal Law Procedure. 
 
 the powers are distinct and independent. A concurrent 
 power in two distinct sovereignties to regulate the same 
 thing is as inconsistent in principle as it is impracticable 
 in action. It involves a moral and physical impossibility. 
 A joint action is not supposed and two independent wills 
 cannot do the same thing. The action of one, unless 
 there be an arrangement, must necessarily precede the 
 action of the other; and that which is first, being com- 
 petent, must establish the rule. If the powers be equal, 
 as must be the case, both being sovereign, one may un- 
 do what the other does, and this must be the result of 
 their action." In Kie vs. U. S., 27 Federal, 351, the 
 Court said, "No law of Oregon is to have effect in Alaska 
 if it is in conflict with a law of the United States. There 
 is such a conflict, within the meaning of the statute, not 
 only when these laws contain different provisions on the 
 same subject, but when they contain similar or identical 
 ones. In the latter case, it is the law of Congress that 
 applies and not that of the State. See also U. S. vs. Clark, 
 46 Federal, 633. In re Nelson 69 Federal, 712. The 
 national government is supreme and territorial govern- 
 ments are subordinate thereto. 
 
 There will be no confusion in the application of this 
 doctrine as between a territory of the United States and 
 the United States and a state and the United States. It 
 will be remembered that a state is a sovereignty just as 
 surely as the Federal Government is a sovereignty and 
 each has the legal right to protect its own people against 
 the same act by a statute denouncing the act as an offense 
 and both statutes would be the law. In other words, as 
 stated in Moore vs. Illinois by the Supreme Court of the 
 United States, every citizen of the United States is also 
 a citizen of a State or Territory. He may be said to owe 
 allegiance to two sovereigns and may be liable to punish- 
 ment for an infraction of the laws of either. The same 
 act may be an offense or transgression of the laws of both. 
 That either or both may punish such an offender cannot 
 be doubted, yet it cannot be truly averred that defendant 
 has been twice punished for the same offense, but only 
 that by one act he has committed two offenses, for each 
 of which h^ i-s justly punishable. He could not plead the
 
 Certain Offenses in the Territories. 561 
 
 punishment by one in bar to a conviction by the other. 
 A state ^ may punish the offense of uttering or passing 
 false coin as a cheat or fraud practiced on its citizens. 
 Fox vs. State, 5 How., 432. In the case of the United 
 States vs. Marigold, 9 How., 560, it is held that Congress, 
 in the proper exercise of its authority, may punish the 
 same act as an offense against the United States. In 
 Snow vs. U. S. 18 Wall, 317, it was said that "Strictly 
 speaking, there is no sovereignty in a territory of the 
 United States, but that of the United States itself." 
 
 The case of Moore vs. Illinois, cited above, may be con- 
 sidered most liberal in a dictum definition of state sover- 
 eignty. The trend of the decisions of the Supreme Court 
 of the United States since then is that when the Federal 
 Government enters a field even of civil legislation, it be- 
 comes exclusive and its statutes are the paramount law. 
 In other words the United States is the superior sover- 
 eignty, as has been announced most recently in the Hours 
 of Service cases, wherein the Supreme Court held that 
 since the Federal Government had by statute fixed a 
 limit to the hours of service, a state statute fixing a dif- 
 ferent limit was void. Of course it will be remembered 
 that there are some jurisdictions into which the Federal 
 Government cannot enter. They belong exclusively to 
 the State. 
 
 The offenses herein treated of are not confined to the 
 Territories, but are punishable if committed within or 
 upon any place within the exclusive jurisdiction of the 
 United States, such as forts or arsenals, Government 
 reservations, public building, sites, etc., as is shown by 
 Section 311, which reads as follows: 
 
 "Sec. 311. Except as otherwise expressly provided, the offenses 
 defined in this chapter shall be punished as hereinafter provided, 
 when committed within any Territory or District, or within or upon 
 any place within the exclusive jurisdiction of the United States." 
 
 § 343. Circulation of Obscene Literature; Promoting 
 Abortion; How Punished. — Section 312 of the new Code 
 includes practically all of the elements of the statute re- 
 lating to the abuse of the United States mails in the trans- 
 mission of obscene, etc., matter, and of the Interstate 
 
 36
 
 562 Federal Criminal Law Procedure. 
 
 Commerce Statute, which relates to the shipping or carry- 
 ing of obscene matter, etc. Section 312 of the new Code 
 is in the following language, which displaces all provi- 
 sions of old Section 5389: 
 
 "Sec. 312. Whoever shall sell, lend, give away, or in any manner 
 exhibit, or offer to sell, lend, give away, or in any manner exhibit, 
 or shall otherwise publish or offer to publish in any manner, or shall 
 have, in his possession for any such purpose, any obscene book, pam- 
 phlet, paper, writing, advertisement, circular, print, picture, drawing, or 
 other representation, figure, or image on or of paper or other ma- 
 terial, or any cast, instrument, or other article of an immoral nature 
 or any drug or medicine, or any article whatever, for the prevention 
 of conception, or for causing unlawful abortion, or shall advertise the 
 same for sale, or shall write or print, or cause to be written or printed, 
 any card, circular, book, pamphlet, advertisement, or notice, of any 
 kind, stating when, where, how, or of whom, or by what means, any 
 of the articles above mentioned can be purchased or obtained, or 
 shall manufacture, draw, or print, or in any wise make any of such 
 articles, shall be fined not more than two thousand dollars, or im- 
 prisoned not more than five years, or both." 
 
 § 344. Polygamy. — Section 313 of the new Code dis- 
 places old Statute 5352, and the Act of March 22, 1882, 
 shown in First Supplement, 331, and is in the following 
 language: 
 
 "Sec. 313. Every person who has a husband or wife living, who 
 marries another, whether married or single, and any man who 
 simultaneously, or on the same day, marries mor e than one woman, 
 is guilty of polygamy, and shall be fined not more than five hundred 
 dollars and imprisoned not more than five years. But this section 
 shall not extend to any person by reason of any former marriage whose 
 husband or wife by such marriage shall have been absent for five suc- 
 cessive years, and is not known to such person to be living, and is 
 believed by such person to be dead, nor to any person by reason of 
 any former marriage which shall have been dissolved by a valid decree 
 of a competent court, nor to any person by reason of any former mar- 
 riage which shall have been pronounced void by a valid decree of a 
 competent court, on the ground of nullity of the marriage contract." 
 
 § 345. Unlawful Cohabitation. — Section 314 of the 
 new Code reads as follows: 
 
 "Sec. 314. If any male person cohabits with more than one woman 
 he shall be fined not more than three hundred dollars, or imprisoned 
 not more than six months, or both."
 
 Certain Offenses in the Territories. 563 
 
 § 346. Joinder of Counts.— Section 315, which per- 
 mits joinder in the same indictment of charges under the 
 two above mentioned sections, is as follows: 
 
 "Sec. 315. Counts for any or all of the offenses named in the two 
 sections last preceding may be joined in the same information or in- 
 dictment." 
 
 § 347. Decisions.— The offense of polygamy, as dis- 
 tinguished from open and notorious cohabitation, was not 
 an offense under the Common Law, and, therefore, is 
 statutory in this country. The Supreme Court of the 
 United States, in the Miles Case, 103 U. S., 311, announc- 
 ed the doctrine that the proof of marriage will not be 
 limited to only such witnesses as were eyewitnesses. 
 Cohabitation and reputation of being husband and wife 
 are usually considered together in questions concerning 
 the proof of marriage. This was followed in United 
 States vs. Higgerson, Volume 46, Federal Reporter, 750. 
 It is always pertinent, under the offense of bigamy and 
 adultery and kindred offenses, to prove the marriage rela- 
 tion. In the leading case of Cannon vs. United States, 
 116 U. S., page 55; 29 Law Ed., 561, the Supreme Court 
 held that a man "cohabits" with more that one woman 
 when holding out to the world two or more women as his 
 wives, by his language or conduct, or both, and when he 
 lives in the same house with them, and eats at the table 
 of each a portion of the time, although he may not occupy 
 the same bed, sleep in the same room, or actually have 
 sexual intercourse with either of them. 
 
 In ex parte Snow, 120 U. S., 274, 30 Law Ed., 658, the 
 Supreme Court held that cohabiting was a continuous 
 offense, and can be committed but once for the purpose 
 of indictment or prosecution, prior to the time the pro- 
 secution is instituted; and a grand jury cannot divide 
 the offense into separate offenses, and find separate in- 
 dictments; as, where a man unlawfully cohabited with 
 seven women for twenty-five months, there could be but 
 one indictment. 
 
 § 348. Adultery.— Section 316 of the new Code takes 
 the place of the Act of March 3, 1887, shown at First 
 Supplement, 568, and is in the following words:
 
 564 Federal Criminal Law Procedure. 
 
 "Sec. 316. Whoever shall commit adultery shall be imprisoned not 
 more than three years; and when the act is committed between a 
 married woman and a man who is unmarried, both parties to such 
 act shall be deemed guilty of adultery; and when such act is com- 
 mitted between a married man and a woman who is unmarried, the 
 man shall be deemed guilty of adultery." 
 
 See. 348a. Adultery-Decisions. 
 
 The above section does not apply to an Indian on an 
 Indian reservation, U. S. vs. Dennis Quiver, U. S. Sup. Ct. 
 Oct. Term, 1915. 
 
 § 349. Incest. — Section 317 of the new Code displaces 
 the Act of March 3, 1887, shown at First Supplement, 
 4568, and is in the following words: 
 
 "Sec. 317. Whoever, being related to another person within and 
 not including the fourth degree of consanguinity computed accord- 
 ing to the rules of the civil law, shall marry or cohabit with, or have 
 sexual intercourse with such other so related person, knowing her or 
 him to be within said degree of relationship, shall be deemed guilty 
 of incest, and shall be imprisoned not more than fifteen years." 
 
 Incest was not an offense at Common Law, though it 
 was punished in the churches. The language of the stat- 
 ute demands knowing intercourse between parties re- 
 lated within the fourth degree of consanguinity, such re- 
 lationship to be computed according to the rules of the 
 Civil Law. It will be borne in mind that the method of 
 computing relationship differs in the Canon Law, as 
 adopted into the Common Law, and the Civil Law. In 
 other words, under the Canon Law, or the Common Law, 
 the computing begins at the common ancestor, and 
 reckons downward, and in whatever degree the two per- 
 sons, or the most remote, is distant from the common 
 ancestor, that is the degree in which they are related. 
 The method in the Civil Law is to count upward from 
 either of the persons related, to the common ancestor, and 
 then downward to the other, reckoning a degree for each 
 person, both ascending and descending. In other words, 
 the Canonists took the number of degrees in the longest 
 line; the Civilians, the sum of the degrees in both lines. 
 Anderson's Dictionary of Law, 229; 2 Blackstone's Com- 
 mentary, 206-207; 4 Kent, 412; 2 Litt. Coke, 158. Under
 
 Certain Offenses in the Territories. 565 
 
 this statute, it is also necessary that the indictment al- 
 lege, and the proof show, the fact of knowledge of such 
 degree of relationship. 
 
 §' 350. Fornication.— Section 318 of the new Code, 
 which is also a part of the Act of March 3, 1887, First 
 Supplement, 568, reads as follows: 
 
 "Sec. 318. If any unmarried man or woman commits fornication, 
 each shall be fined not more than one hundred dollars, or imprisoned 
 not more than six months." 
 
 § 351. Cerificates of Marriage; Penalty for Failure to 
 Record.— From the Act of March 3, 1887, First Supple- 
 ment, 568, comes Section 319 of the new Code, as follows: 
 
 "Sec. 319. Every ceremony of marriage, or in the nature of a 
 marriage ceremony of any kind, whether either or both or more of 
 the parties to such ceremony be lawfully competent to be the sub- 
 ject of such marriage or ceremony or not, shall be certified by a cer- 
 tificate stating the fact and nature of such ceremony, the full name of 
 each of the parties concerned and the full name of every officer, priest, 
 and person, by whatever style or designation called or known, in any 
 way taking part in the performance of such ceremony, which certifi- 
 cate shall be drawn up and signed by the parties to such ceremony and 
 by every officer, priest, and person taking part in the performance 
 of such ceremony, and shall be by the officer, priest, or other person 
 solemnizing such marriage or ceremony filed in the office of the 
 probate court, or, if there be none, in the office of the court having 
 probate powers in the county or district in which such ceremony 
 shall take place, for record, and shall be immediately recorded, and 
 be at all times subject to inspection as other public records. Such 
 certificate, or the record thereof, or a duly certified copy of such 
 record, shall be prima facie evidence of the facts required by this 
 section to be stated therein in any proceeding, civil or criminal, in 
 which the matter shall be drawn in question. But nothing in this 
 section shall be held to prevent the proof of mariages, whether law- 
 ful or unlawful, by any evidence othewise legally admissible for that 
 purpose. Whoever shall wilfully violate any provision of this section 
 shall be fined not more than one thousand dollars, or imprisoned not 
 more than two years, or both. The provisions of this section shall 
 apply only within the Territories of the United States." 
 
 It will be noted that this section applies only in the 
 Territories, and, therefore, it would seem that the general 
 provisions of Section 311 of this chapter are excepted 
 by this special provision in Section 319.
 
 566 Federal Criminal Law Procedure. 
 
 § 352. Prize Fights, Bull Fights, Etc.— From the Act 
 of February 7, 1896, Second Supplement, 446, is taken in 
 substance Section 320 of the new Code, in the following 
 language: 
 
 "Sec. 320. Whoever shall voluntarily engage in a pugilistic en- 
 counter between man and man or a fight between a man and a bull 
 or any other animal, for money or for other thing of value, or for 
 any championship, or upon the result of which any money or any- 
 thing of value is bet or wagered, or to see which any admission fee 
 is directly or indirectly charged, shall be imprisoned not more than 
 five years. The provisions of this section shall apply only within 
 the Territories of the United States and the District of Columbia." 
 
 § 353. Pugilistic Encounter Defined. — From the same 
 last above mentioned Act also comes the' definition of 
 "pugilistic encounters," as shown in Section 321 of the 
 new Code, as follows : 
 
 "Sec. 321. By the term "pugilistic encounter," as used in the sec- 
 tion last preceding, is meant any voluntary fight by blows by means 
 of fists or otherwise, whether with or without gloves, between two 
 or more men, for money or for a prize of any character, or for any 
 other thing of value, or for any championship, or upon the result 
 of which any money or anything of value is bet or wagered, or to 
 see which any admission fee is directly or indirectly charged." 
 
 § 354. Train Robberies in Territories, Etc.— Sec- 
 tion 322 of the new Code contains all of the elements 
 of the Act of July 1, 1902, and is in the following words: 
 
 "Sec. 322. Whoever shall wilfully and maliciously trespass upon 
 or enter upon any railroad train, railroad car, or railroad locomotive, 
 with the intent to commit murder, or robbery, shall be fined not 
 more than five thousand dollars, or imprisoned not more than twenty 
 years, or both. Whoever shall wilfully and maliciously trespass upon 
 or enter upon any railroad train, railroad car, or railroad locomotive, 
 with intent to commit any unlawful violence upon or against any 
 passenger on said train, or car, or upon or against any engineer, con- 
 ductor, fireman, brakeman, or any officer or employee connected with 
 said locomotive, train, or car, or upon or against any express 
 messenger, or mail agent on said train or any car thereof, or to com- 
 mit any crime or offense against any person or property thereon, shall 
 be fined not more than one thousand dollars, or imprisoned not more 
 than one year, or both. Whoever shall counsel, aid, abet, or assist 
 in the perpetration of any of the offenses set forth in this section 
 shall be deemed to be a principal therein. Upon the trial of any
 
 Certain Offenses in the Territories. 567 
 
 person charged with any offense set forth in this section, it shall not 
 be necessary to set forth or prove the particular person against whom 
 it was intended to commit such offense, or that it was intended to 
 commit such offense against any particular person." 
 
 The wilful and malicious intent cannot be inferred from 
 any uncertain statement in the indictment. It must be 
 specifically alleged.
 
 CHAPTER XVII. 
 
 INTERNAL REVENUE. 
 
 § 355. Raising of Revenue, Generally. 
 355a. Offer of Compromise. 
 
 356. Trade or Business Not to Be Carried on Until Revenue Paid: 
 
 3232. 
 
 357. Partnerships: 3234. 
 
 358. Must Exhibit Stamps: 3239. 
 
 359. Rectifiers, Liquor Dealers, Etc., Carrying on Business Without 
 
 Paying Special Tax, Etc., 3242—16. 
 359a. Indictment. 
 359b. Liquor Dealers. 
 
 360. C. 0. D. Decisions Under Above. 
 360a. Delivery to Customer. 
 
 361. Fact Cases. 
 
 362. Proof of License. 
 
 363. Distiller Defrauding or Attempting to Defraud United States 
 
 of Tax on Spirits: 3257. 
 363a. Repeal of Distillery Statute. 
 
 364. Breaking Locks, Gaining Access, Etc., 3268. 
 
 365. Signs to Be Put Up By Distillers and Realers and Other 
 
 Regulations: 3279, 3280, 3281, 3296. 
 365a. Concealment, Etc. 
 
 366. Books to Be Kept by Rectifiers and Wholesale Dealers; Pen- 
 
 alty: 3318. 
 
 367. Stamps and Brands to be Effaced from Empty Cask 3324. 
 
 368. Re-use of Bottles, Etc., Without Removing Stamps 29 Stat. L., 
 
 627—6. 
 368a. Must be Evidence of Re-filling. 
 
 369. Removing Any Liquors or Wines Under Any Other Than 
 
 Trade. Names; Penalty: 3449. 
 
 370. Oleomargarine. 
 
 370a. Oleomargarine — Indictment. 
 
 § 355. The question was early determined by the su- 
 preme Court, in the license tax cases, 5 Wallace, 462, that 
 the power of the United States Government to require 
 licenses to be paid before a given business could be car- 
 ried on within a State was not contrary to the Constitu- 
 tion, nor against public policy. The apparent inconsis- 
 tency of such a position with the principle that the State 
 shall have exclusive control over internal commerce, or 
 its own domestic trade, is onlv apparent, and gives wav 
 
 (568")
 
 Internal Revenue. 5G9 
 
 to the more paramount principle that each Government, 
 State and National, has such inherent powers as belong 
 to sovereign governments. The compliance with a Fed- 
 eral International Revenue tax Statute quarantees no 
 rights against the State tax statutes. If there be a tax 
 both by the Federal Government and by the State Gov- 
 ernment upon the same occupation, each tax must be 
 paid, and the paying of one does not authorize the car- 
 rying on of the business with immunity form prose- 
 cutions by the other power. So, likewise, the punish- 
 ment of one who fails to comply with the provisions 
 of both Government does not preclude his punishment 
 by the other Government upon the doctrine that he 
 would be twice punished for the same offense. One 
 convicted under the State law for selling whiskey 
 and punished, could also be convicted and punished 
 under the Federal law for the same offense. In 
 Cross vs. North Carolina, 132 U. S., 131, 33 Law Ed., 
 287, the Supreme Court affirmed doctrine that one who 
 forged note and passed it into books of National Bank 
 to deceive examiner was liable to prosecution in both 
 State and Federal Court. 
 
 § 355a. Offer of Compromise. — Agreement of deputy 
 not to prosecute in consideration therefor. Section 3229 
 of the Revised Statutes authorizes the Commissioner of 
 Internal Revenue, with the advice and' consent of the 
 Secretary of the Treasury, and the Attorney General, to 
 compromise any civil or criminal case arising under the 
 internal revenue laws. Such compromise may be made 
 even after a suit or prosecution has been commenced. In 
 the case of Willingham vs. U. S., 208 Federal, 137, the. 
 Court of Appeals for the Fifth Circuit held that where a 
 deputy internal revenue collector promised the defendant 
 that if he would pay the tax due and the penalty thereon, 
 that no prosecution would be commenced, which offer was 
 accepted by the defendant, and thereafter the Govern- 
 ment instituted prosecution, that the trial judge should 
 have submitted to the jury a special charge setting forth 
 such offer to compromise as a binding agreeement with 
 the Government and a failure to give such special charge 
 was error.
 
 570 Federal Criminal Law Procedure. 
 
 The decision, instead of being based upon the defend- 
 ant having purchased immunity, is predicated upon the 
 statute authorizing the Government's chief revenue of- 
 ficer to effect compromises and that the defendant had a 
 right to rely thereon, even though he did not follow 
 the technical rules prescribed for the making of such of- 
 fers in compromise. 
 
 This case also inferentially speaks of the severity of a 
 punishment which was a hundred dollars fine and two 
 years' imprisonment. 
 
 Sec. 355b. Compromise, Continued. 
 
 The acceptance of the tax and penalty and the state- 
 ment that there would be no prosecution is a settled rule 
 under the above statute, Eau vs. U. S., 260 F. 131. 
 
 The compromise of a criminal case likewise prevents 
 the forfeiture of goods seized under libel, U. S. vs. One, 
 etc., 263 F. 241. 
 
 § 356. Internal Revenue Offenses. — This chapter will 
 not attempt to deal with all of the Federal Internal Reve- 
 nue offenses, but only such statutes as are most frequent- 
 ly violated, and some of which are difficult to find. 
 
 Trade or Business Not to be Carried On Until Tax Paid. 
 — Section 3232 of the Revised Statutes reads as follows: 
 
 "Sec. 3232. No person shall be engaged in or carry on any trade 
 or business hereinafter mentioned until he has paid a special tax 
 therefor in the manner hereinafter provided." 
 
 The case of United States vs. Clair, 2 Federal, page 55, 
 which construes Section 3232, has never been questioned 
 as the proper construction; that is, that the provisions 
 of the Statute leave no room for doubt that the tax 
 must be paid in advance. The business is prohibited, 
 except when thus licensed; and until the tax is paid, 
 it cannot be lawfully pursued. The case of United 
 States vs. Pressy, 1 Lowell, 319, which arose during the 
 Reconstruction Period, and which contained some dicta 
 with reference to carrying on the business after an ap- 
 plication for assessment, will not be confused into an 
 authority contradicting the Clair case. The wording of 
 the statute, and the entire spirit thereof, as well as 
 the policy of the Government that it shall take no chan-
 
 Internal Revenue. ."., l 
 
 ces, supports the construction noted in the Clair case. 
 The_license must be first secured. 
 
 This construction is further supported by the case of 
 the United States vs. Angell, 11 Federal, page 34, where- 
 in the Court held that a receipt for a license tax is not 
 retroactive, and cannot be admitted in evidence on the 
 charge for selling spiritous liquors by retail during a 
 period of time prior to its date. To hold otherwise, 
 would be to permit the violator to pay his tax after he 
 had become a dealer, and thus, in effect, secure a pardon. 
 Judge Clark says, in the Angell case: 
 
 "Again, the penalty had been incurred before the payment of the 
 tax, and the receipt given would not operate as a pardon. The law- 
 makes no provision for such an effect; nor could the collector of 
 taxes confer it. The collector could not pardon the offense; the 
 President alone could do that." 
 
 See also United States vs. Van Horn, 20 Internal R. E. 
 C, 145; U. S. vs. Devilin, 6 Blatchf., 71; and Section 53 
 of the Act of October 1, 1890, page 869, First Volume, 
 Supplement, which contains the statement that the tax 
 is due "on commencing any trade or business." 
 
 § 357. Partnerships. — By Section 3234, it is provid- 
 ed that any number of persons doing business in co- 
 partnerships at one place shall be required to pay but one 
 special tax; and so under the authorities of United 
 States vs. Blab, 99 U. S., 228; and United States vs. 
 Davis, 37 Federal, 468, the dissolution of such partner- 
 ship, whereby one of two partners who has paid drops 
 out, and the remaining member of the firm conducts the 
 business, a new license is not necessary. If, however, 
 a new partner buys into the business, a new tax must be 
 paid. 
 
 § 358. Must Exhibit Stamp.— Section 3239 of the Re- 
 vised Statutes reads as follows: 
 
 "Sec. 3239. Every person engaged in any business, avocation, or 
 employment, who is thereby made liable to a special tax, except tobac- 
 co peddlers, shall place and keep conspicuously in his establishment 
 and place of business all stamps denoting the payment of said special 
 tax; and any person who shall, through negligence, fail to so place 
 and keep said (stamp) (stamps), shall be liable to a penalty equal 
 to the special tax for which his business rendered him liable, and
 
 572 Federal Criminal Law Procedure. 
 
 the costs of prosecution; but in no case shall said penalty be less 
 than ten dollars. And where the failure to comply with the foregoing 
 provision of law shall be through wilful neglect or refusal, then the 
 penalty shall be double the amount above prescribed: Provided, That 
 nothing in this section shall in any way affect the liability of any 
 person for exercising or carrying on any trade, business, or profession, 
 or doing any act for the exercising, carrying on, or doing of which 
 a special tax is imposed by law, without the payment thereof." 
 
 § 359. Rectifiers, Liquor Dealers, Etc., Carrying on 
 Business Without Paying Special Tax, Etc. — Old Sec- 
 tion 3242 of the Revised Statutes becomes by the Act of 
 March 3, 1883, page 60, First Volume Supplement, Sec- 
 tion 16, which provides punishments for those who carry 
 on the business of a rectifier, wholesale liquor dealer, 
 retail liquor dealer, wholesale liquor dealer in malt liq- 
 uors, retail dealer in malt liquors, or, manufacturer 
 of stills, in the following language: 
 
 "Sec. 16. That any person who shall carry on the business of a 
 rectifier, wholesale liquor dealer, retail liquor dealer, wholesale dealer 
 in malt liquors, retail dealer in malt liquors, or manufacturer of stills, 
 without having paid the special tax as required by law, or who shall 
 carry on the business of a distiller without having given bond as 
 required by law, or who shall engage in or carry on the business of 
 a distiller with intent to defraud the United States of the tax on the 
 spirits distilled by him, or any part thereof, shall, for every such 
 offense, be fined not less than one hundred dollars nor more than five 
 thousand dollars and imprisoned not less than thirty days nor more 
 than two years." 
 
 The use of the word "business" in the statute, of 
 course, requires its use in the indictment and proof in 
 the testimony. It is not the making of a sale that the 
 statute denounces, because one may carry on the busi- 
 ness without ever making a sale. So, also, one may 
 make a sale without carrying on the business. The safe 
 criterion is the Ledbetter decision, 170 U. S., 608; 42 
 Law Ed., 1162, which approves the opinion of United 
 States vs. Jackson, 1 Hughes, 531, and United States 
 vs. Rennecke, 38 Federal, 847, to the effect that, 
 
 "While it has been sometimes held that proof of sale to one per- 
 son was at leas* prima facie evidence of criminality, the real offense 
 consists in carrying on such business; and if only a single sale were
 
 Internal Revenue. 573 
 
 proved, it might be a good defense to show that such sale was ex- 
 ceptional, accidental, or made under such circumstances as to in- 
 dicate that it was not th e business of the offender.'' 
 
 An indictment under this section should allege the 
 carrying on of the business, the day on which it was 
 carried 'on, the town, country, and district in which it 
 was carried on. A form of indictment will be found 
 herein. 
 
 § 359a. Indictment. — Under the authority of Hodge 
 vs. U. S., 191 Federal, 165, the Circuit Court of Appeals 
 for the Eighth Circuit, an indictment which charged 
 directly and succinctly that on a given day at a special 
 place, within the jurisdiction of the trial Court, the de- 
 fendant did wilfully, unlawfully and feloniously carry 
 on the business of a retail liquor dealer without having 
 paid the special tax therefor as required by law, was un- 
 questionably good. 
 
 Sec. 359b. Liquor Dealers, etc., Continued. 
 
 See section 1100. 
 
 The internal revenue statutes were not repealed by 
 the National Prohibition Act unless unconstitutional or 
 unless punishments differ, etc., U. S. vs. Sohm, 265 F. 
 910; Pinasco vs. U. S., 262 F. 400. 
 
 Decisions to the contrary are U. S. vs. Fortman, 268 
 F. 873; Farley vs. U. S., 269 F. 721. 
 
 For other decisions concerning this statute see, Bill- 
 iard vs. U. S., 245 F. 837; U. S. vs. Lazzaro, 255 F. 237; 
 Day vs. U. S., 229 F. 534; Bailey vs. U. S., 259 F. 88. 
 
 § 360. C. O. D. Decisions.— The case in the 23 Fed- 
 eral, page 134, and the case in the 26 Federal, 515, each 
 of which holds that in shipments of liquor, C. O. D., 
 the shipper is a dealer at the place of destination, are 
 not the law. By the ranking and best line of authorities, 
 the sale takes place at the point where the specific quan- 
 tity is segregated from the mass; and as this takes place 
 at the point from which the liquor is shipped, the author- 
 ities are that the sale takes place there, and that is, there- 
 fore, the place where the license should be paid. 
 
 In United States vs. Chevallier, 107 Federal, 434, the 
 Circuit Court of Appeals for the Ninth Circuit in a case 
 where the defendant was a wholesale liquor dealer in
 
 574 Federal Criminal Law Procedure. 
 
 San Francisco, who maintained a branch house in Port- 
 land, bearing his sign, and where, presumably, samples 
 of his trade were kept, and where the public were in- 
 vited to purchase, the manager of which place was a 
 salesman, required to sell judiciously, the right to cancel 
 his contracts being reserved to his principal, who filled 
 all orders, and without prepaying the freight, deliver- 
 ed the goods to a carrier at San Francisco, consigned 
 to purchasers in various parts of the agent's territory; 
 held, that the sales were made wholly at San Francisco, 
 notwithstanding the agent may have been authorized 
 to make binding contracts and collect the purchase 
 money, and that the defendant was not subject to the 
 internal revenue tax as an Oregon dealer, even though 
 his method of transacting business may have been de- 
 vised purposely to evade such tax. 
 
 In United States vs. Adams Express Company, 119 
 Federal, 240, an express company was charged with be- 
 ing a retail liquor dealer on a state of facts which show- 
 ed that it, as a common carrier, received liquors from 
 liquor companies, and carried them to the consignee, 
 receiving the money, which it transported to the liquor 
 company. The Court held that the title to the liquors 
 passed to the consignee on delivery to the express com- 
 pany, and that the company acted as the vendee in carry- 
 ing the liquor and as agent of the vendor in collecting 
 the money, and was not therefore a dealer. In this case, 
 Judge McPherson reviews the authorities known as the 
 C. 0. D. decisions, and holds as first indicated. U. S. 
 Sup. Court, May 13, 1907, in Adams Express Company 
 vs. Ky., holds State law making C. 0. D. sale at delivery 
 point, unconstitutional. 
 
 In Burk vs. Piatt, 172 Federal, 777, the Court held ex- 
 press companies can make reasonable regulations refus- 
 ing C. 0. D. shipments. See also Jones vs. United 
 States, 170 Federal, page 1; U. S. vs. Lackey, 120 Fed- 
 eral, 57; American Express Company vs. Iowa, 196 U. 
 S., 133; O'Neil vs. Vermont, 144 U. S.; and U. S. vs. 
 Parker, 121 U. S., 596. 
 
 § 360a. Delivery to Customer. — One who has paid a 
 special tax entitling him to retail liquor at his regular
 
 Inteenal Revenue. 575 
 
 place of business does not violate Section 3242, which 
 is new Section 16, by delivering liquor to a customer at 
 the latter 's residence, although the sale be completed 
 there. The Court held in substance that it might be true 
 that the title to the liquor did not actually pass to the 
 purchaser until the delivery and payment were made at 
 the boarding house, but this legal incident of the transac- 
 tion did not change the place for carrying on the business 
 from the drug store, where the supply was kept and 
 where orders were received, to the boarding house, or 
 place of delivery. Section 16, old Section 3242, when 
 read in connection with 3239 which requires a liquor deal- 
 er to place and keep conspicuously in his establishment 
 or place of business all stamps denoting the payment of 
 the special tax required of him, contemplates that the 
 retail liquor dealer may carry on business under one 
 license, or by virtue of paying one special tax, only at 
 one place at one time. Benbrook vs. U. S., 186 Federal, 
 153. 
 
 Sec. 360b. C. 0. D. Decisions Continued. 
 
 A tax on C. 0. D. shipments by a state, if on interstate 
 shipments, is unconstitutional, Rosenberg vs. Pacific 
 Express Company, U. S. Sup. Ct. October Term, Apr. 
 1915. 
 
 § 361. Fact Cases. — In United States vs. Allen, 38 
 Federal, 736, the facts showed that the defendant was en- 
 gaged in procuring and furnishing to anyone who would 
 patronize him, liquors in quantities less than five gallons. 
 He testified that he received orders, requiring the per- 
 son ordering to pay ten cents down for a bottle of beer, 
 and when the beer was delivered, an extra fifteen cents 
 as remuneration for going to neighboring State to pro- 
 cure it ; but the evidence failed to show that the defendant 
 bought specific quantities of liquor to correspond with 
 special orders, but showed that he bought beer by the 
 case, and paid for it, and sold it to anyone desiring it. 
 Held, that the defendant was a dealer under this section. 
 (Syllabus.) 
 
 In United States vs. Woods, 28 Federal Cases No. 16759, 
 it was held that a club formed for the purpose of social 
 amusement, owning spiritous liquors, keeping them for
 
 576 Fedekal Criminal Law Procedure. 
 
 use by the members of the club, who were entitled to such 
 use upon payment to the janitor, which money went into 
 the treasury of the Club, the janitor was held to be a 
 retail dealer. So, also, in United States vs. Alexis Club, 
 98 Federal, 725, it was held that a culb organized for 
 social purposes was liable to the payment of special tax 
 as retail dealer, when it sold drinks to its members. See 
 also United States vs. Rolinger, 27 Federal Case No. 
 16190a. Neither can a physician supply spiritous liquors 
 to his patients. United States vs. Smith, 45 Federal, 
 115. To the contrary would be the case of United States 
 vs. Calhoun, 39 Federal Reporter, 604, which decided that 
 an apothecary who uses spiritous liquors in a bona fide 
 way, exclusively in the preparation of making up medi- 
 cines, would not be subject to the tax. A druggist, how- 
 ever, under the authority of United States vs. White, 42 
 Federal, 138, is to be weighed by the scales of good faith, 
 to ascertain whether he is using intoxicants solely for the 
 compounding of medicines. A clerk or hired servant, 
 not acting for himself, but as an employee of another, 
 will not be convicted. United States vs. White, 42 Fed- 
 eral, 138; United States vs. Logan, 26 Federal Cases No. 
 15624. In Quinn vs. Diamond, 72 Federal, 993, commis- 
 sion merchants who made a commission upon sales of 
 liquors were held to be dealers. In United States vs. 
 Morfew, 136 Federal, 491, the Court held that a druggist 
 who sold a medicinal preparation which contained more 
 alcohol than was necessary to preserve the medicinal 
 properties of the drugs therein contained, became liable 
 to the payment of the tax as a retail liquor dealer. 
 
 In United States vs. Lewis, decided June '21, 1904, the 
 Court determined that it was not necessary to make one a 
 liquor dealer, that the beverage should be intoxicating. 
 Hop ale is also included in the term of the statute specify- 
 ing malt-liquor dealers. For decisions with reference to 
 proprietary medicines, such as Digg's Appetizer, Lemon 
 Ginger, and tonics, see United States vs. Bray, 113 Fed- 
 eral, 1009; United States vs. Starnes, 37 Federal, 665; 
 United States vs. Stubblefield, 40 Federal, 454; United 
 vs. Cota, 17 Federal, 734. In South Carolina vs. United 
 States, decided by the Supreme Court on December 5,
 
 Internal Revenue. 5 J 7 
 
 1905, it was held that even a State must pay this Federal 
 tax. 
 
 § 362. Proof of License. — Under the authority of Mor- 
 ris vs. United States, 161 Federal, 672, the prosecution 
 makes out its case by proving that the defendant carried 
 on the business at a certain time and place; the payment 
 of tax being a matter of defense, which, if relied upon, 
 must be proved by the defendant. 
 
 Sec. 362a. Proof of License Continued. 
 
 The proof concerning the possession of a federal license 
 need not be made by the government, since it is a matter 
 particularly within the knowledge of the defendant, 
 Faraone vs. U. S. 259 F. 507. 
 
 § 363. Distiller Defrauding or Attempting to De- 
 fraud the United States of Tax on Spirits. — Section 3257 
 of the Revised Statutes is in the following words: 
 
 "Sec. 3257. Whenever any person engaged in carrying on the 
 business of a distiller defrauds or attempts to defraud the United 
 States of the tax on the spirits distilled by him, or of any part thereof, 
 he shall forfeit the distillery and distilling apparatus used by him, 
 and all distilled spirits and all raw materials for the production of 
 distilled spirits found in the distillery- and on the distillery premises, 
 and shall be fined not less than five hundred dollars nor more than 
 five thousand dollars, and be imprisoned not less than six months nor 
 more than three years." 
 
 • 
 
 The Court held, in United States vs. Ridnour, 119 Fed- 
 eral, 401, that the Act establishing bonded warehouses, 
 dated March 3, 1877, 19 Statute at Large, 393, did not 
 repeal this section. This same case also held that apple 
 brandy was included in the general terms "distilled 
 spirits." 
 
 The intent to defraud must exist before there can be 
 an offense under this section. United States vs. 100 
 Barrels of Spirits, 2 Abbott, 305. See other cases,- Dob- 
 bin 's Distillery vs. United States, 96 U. S. 395; United 
 States vs. Three Copper Stills, 47 Federal, 495. On the 
 authority of Coffee vs. United States, 116 U. S., 44."), 
 29 Law Ed., 684, a judgment of acquittal in a criminal 
 prosecution for violation of this section is conclusive in 
 favor of the defendant as claimant of the property in- 
 volved in a subsequent suit in rem under the latter part 
 
 37
 
 578 Federal Criminal Law Procedure. 
 
 of the statute. See also 109 Barrels of Whiskey vs. 
 United States, 94 U. S., 86; United States vs. Cushman, 
 1 Low., 414. 
 
 Sec. 363 a. Distilleries, etc., Continued. 
 
 Illicit distillery acts were repealed by the rjrohibi- 
 tion act, U. S. vs. Yuggini, 266 F. 746. See also 274 F.— 
 
 See section 3258 E. S. U. S. as to penalty and punish- 
 ment, U. S. vs. Buckingham, 261 F. 418. 
 
 § 364. Breaking Locks; Gaining Access to Cistern, 
 Etc., Penalty. — Section 3268 of the Eevised Statutes reads 
 as follows: 
 
 "Sec. 3268. Every person who destroys, breaks, injuries, or tampers 
 with any lock or seal which may be placed on any cistern-room or 
 building by the duly authorized officers of the revenue, or opens said 
 lock or seal, or the door to said cistern-room or building, or in any 
 manner gains access to the contents therein, in the absence of the 
 proper officer, shall be fined not less than five hundred dollars nor more 
 than five thousand dollars, and be imprisoned not less than one year 
 nor more than three years." 
 
 In Pilcher vs. United States, 113 Federal, 248, the 
 Circuit Court of Appeals for the Fifth Circuit held that 
 an acquittal of a defendant for a violation of Section 
 3296 of the Revised Statutes did not preclude prosecu- 
 tion under this statute. 
 
 § 365. Signs to be Put Up by Distillers and Dealers, 
 and Other Regulations. — Section 3279 of the old Stat- 
 utes requires that distillers and wholesale dealers shall 
 keep on the outside of the place of such business a sign 
 carrying the name of the firm and other information. 
 
 Section 3280 provides that the distiller shall not carry 
 on business until the law is complied with. 
 
 Section 3281 provides for the giving of bond and a 
 criminal punishment if this is not done. 
 
 In Terry vs. United States, 120 Federal, 483, the Cir- 
 cuit Court of Appeals for the Fourth Circuit held that 
 an indictment for unlawfully and knowingly carrying 
 and delivering raw material to a distillery was insuf- 
 ficient if it failed to state that such distillery was not 
 for the production of spirits, and was also insufficient 
 if it did not set forth the kind of raw material which was 
 furnished.
 
 Internal Revenue. 579 
 
 Section 3296 denounces the removal, concealment, etc., 
 of spirits contrary to law, and fixes a penalty. The case 
 of Pilcher vs. United States, 113 Federal, 248, was a case 
 decided under that section 
 
 § 365a. Concealment, Etc — An indictment under 
 Section 3296 is sufficient if it charges each element of 
 the crime enumerated in the statute, and substantially 
 in the same language and it need not aver that the re- 
 moval of the spirits was with intent to defraud the 
 United States. Rosenfeld vs. U. S., 202 Federal, 469. 
 
 § 366. Books to be Kept by Rectifiers and Whole- 
 sale Dealers; Penalty. — Section 3318 of the Revised 
 Statutes provides as follows: 
 
 "Sec. 3318. Every rectifier and wholesale liquor dealer shall pro- 
 vide a book, to be prepared and kept in such form as may be pre- 
 scribed by the Commissioner of Internal Revenue, and shall, on the 
 same day on which he receives any foreign or domestic spirits, and 
 before he draws off any part thereof, or adds water or anything there- 
 to, or in any respect alters the same, enter in such book and in the 
 proper columns respectively prepared for the purpose, the date when, 
 the name of the person or firm from whom, and the place whence the 
 spirits were received, by whom distilled, rectified, or compounded, 
 and when and by whom inspected, and, if in the original package, the 
 serial number of each package, the number of wine-gallons and proof- 
 gallons, the kind of spirit and the number and kind of adhesive stamps 
 thereon. And every such rectifier and wholesale dealer shall, at the 
 time of sending out of his stock or possession any spirits, and be- 
 fore the same are removed from his premises, enter in like manner 
 in the said book the day when and the name and place of business or* 
 the person or firm to whom such spirits are to be sent, the quantity 
 and kind or quantity of such spirits, the number of gallons and frac- 
 tions of a gallon at proof; and, if in the original packages in which 
 they were received, the name of the distiller and the serial number 
 of the package. Every such book shall be at all times kept in some 
 public or open place on the premises of such rectifier or wholesale 
 dealer for inspection, and any revenue officer may examine it and 
 take an abstract therefrom; and when it has been filled up as afore- 
 said, it shall be preserved by such rectifier or wholesale liquor dealer 
 for a period not less than two years; and during such time it shall 
 be produced by him to every revenue officer demanding it. And when- 
 ever any rectifier or wholesale liquor dealer refuses or neglects to 
 provide such book, or to make entries therein as aforesaid, or cancels, 
 alters, obliterates, or destroys any part of such book, or any entry 
 [therein] [therein], or makes such false entry therein, or hinders or 
 obstructs such revenue officer from examining such book, or making
 
 580 Federal Criminal Law Procedure. 
 
 any entry therein, or taking any abstract therefrom; or whenever 
 such book is not preserved or is not produced by any rectifier or 
 wholesale liquor dealer as hereinbefore directed, he shall pay a 
 penalty of one hundred dollars, and shall [on conviction] be fined not 
 less than one hundred dollars nor more than five thousand dollars, 
 and imprisoned not less than three months nor more than three 
 years." 
 
 In the case of Williams vs. United States, 158 Federal, 
 30, the Circuit Court of Appeals for the Eighth Circuit 
 held that an indictment under this section need not set 
 out the quantity of spirits which were sent out without 
 being recorded in the book provided for in the statute, 
 because the quantity sent out was not the essential ele- 
 ment, and, therefore, an indictment charging that the 
 defendant, a wholesale liquor dealer, sent out of his 
 stock two casks of distilled spirits, without making any 
 required entries, was not fatally defective in failing to 
 specify the quantity shipped. Neither need the indict- 
 ment specify the name of the consignee or the place 
 where the casks were sent. 
 
 In the cases of United States vs. Amann, 24 Federal 
 Case No. 14438, a quantity of distilled spirits, 3 Ben., 
 552, it was determined in substance, that if it was a mere 
 accidental omission to enter in the record, the defendant 
 should not be convicted, but that the defendants were 
 responsible for the action of their clerks and bookkeep- 
 ers, and that they were bound to see that their duties 
 with reference to these entries was fully and properly 
 performed; and if, through the neglect or carelessness 
 of the employee, it was not performed, the employer 
 was responsible. See also United States vs. 1412 Gallons 
 of Spirits, 10 Blatchf., 428. 
 
 § 367. Stamps and Brands to be Effaced from Empty 
 Casks. — Section 3324 of the Revised Statutes provides 
 as follows: 
 
 "Sec. 3324. Every person who empties or draws off, or causes to 
 be emptied or drawn off, any distilled spirits from a cask or package 
 bearing any mark, brand, or stamp required by law, shall at the 
 time of emptying such cask or package, efface and obliterate said 
 mark, stamp, or brand. Every such cask or package from which 
 said mark, brand, or stamp is not effaced and obliterated, as herein 
 required, shall be forfeited to the United States, and may be seized
 
 Internal Revenue. 581 
 
 by any officer of internal revenue wherever found. And every rail- 
 road company or other transportation company, or person who re- 
 ceives or transports, or has in possession with intent to transport, or 
 with intent to cause or procure to be transported, any such empty 
 cask or package, or any part thereof, having thereon any brand, mark, 
 or stamp, required by law to be placed on any cask or package, or 
 any part thereof, so received or transported, or had in possession 
 with the intent aforesaid; and every boat, railroad car, cart, dray, 
 wagon, or other vehicle, and all horses or other animals used in 
 carrying or transporting the same, shall be forfeited to the United 
 States. Every person who fails to efface and obliterate said mark, 
 stamp, or brand, at the time of emptying such cask or package, or 
 who receives any such cask or package, or any part thereof, with the 
 intent aforesaid, or who transports the same, or knowingly aids or 
 assists therein, or who removes any stamp provided by law from any 
 cask or package containing, or which had contained, distilled spirits, 
 without defacing and destroying the same at the time of such removal, 
 or who aids or assists therein, or who has in his possession any such 
 stamp so removed as aforesaid, or has in his possession any cancelled 
 stamp, or any stamp which has been used, or which purports to have 
 been used, upon any package of distilled spirits, shall be deemed 
 guilty of a felony, and shall be fined not less than five hundred dol- 
 lars nor more than ten thousand dollars, and imprisoned not less 
 than one year nor more than five years." 
 
 There are no words expressing intention with refer- 
 ence to this offense in this section, and under the author- 
 ity of United States vs. Gallant, 177 Federal, 281, an 
 inadvertent and negligent omission to do the things 
 demanded by the section is an offense. 
 
 § 368. Re-use of Bottles, Etc., Without Removing 
 and Destroying Stamps. — The Act of March 3, 1897, 
 29 Statute at Large, 627, Section 6, provides as follows: 
 
 "Sec. 6. That any person who shall re-use any stamp provided 
 under this Act after the same shall have been once affixed to a bottle 
 as provided herein, or who shall re-use a bottle for the purpose of 
 containing distilled spirits which has once been filled and stamped 
 under the provisions of this Act without removing and destroying the 
 stamp so previously affixed to such bottle, or who shall, contrary to 
 the provisions of this Act or the regulations issued thereunder re- 
 move or cause to be removed from any bonded warehouse any dis- 
 tilled spirits inspected or bottled under the provisions of this Act, or 
 who shall bottle or case any spirits in violation of this Act, or of any 
 regulation issued thereunder, or who shall, during the transportation 
 and before the exportation of any such spirits, open or cause to be 
 opened, any case or bottle containing such spirits, or who shall wil- 
 fully remove, change or deface any stamp, brand, label, or seal affixed
 
 582 Federal Criminal Law Procedure. 
 
 to any such case or to any bottle contained therein, shall for each 
 such offense be fined not less than one hundred nor more than one 
 thousand dollars, and be imprisoned not more than two years, in the 
 discretion of the court, and such spirits shall be forfeited to the 
 United States." 
 
 In United States vs. Guthrie, 171 Federal 528, the fol- 
 lowing points with reference to the above statute were 
 determined: 
 
 First. The offense is complete if the bottle is re-used 
 without destroying the stamps, and does not depend on 
 its being done knowingly and wilfully. 
 
 Second. The employer is guilty if the act is perform- 
 ed by his bartender or agent acting within the scope of 
 his employment. 
 
 § 368 a. Must Be Evidence of Refilling. — A convic- 
 tion cannot be had under Section 6 without some evi- 
 dence of refilling or of procuring such refilling. Duff 
 vs. U. S., 185 Federal, 101. 
 
 § 369. Removing any Liquors or Wines Under any 
 Other than Trade Names; Penalty. — Section 3449 of the 
 Revised Statutes reads as follows: 
 
 "Sec. 3449. Whenever any person ships, transports, or removes 
 any spirituous or fermented liquors or wines, under any other than 
 the proper name or brand known to the trade as designating the kind 
 and quality of the contents of the casks or packages containing the 
 same, or causes such act to be done, he shall forfeit said liquors or 
 wines, and casks or packages, and be subject to pay a fine of five 
 hundred dollars." 
 
 In United States vs. Twenty Casks, etc., 133 Federal, 
 910, the Court held that this section did not apply to a 
 cask shipped without a label, nor does it apply when the 
 cask was labeled, "Glass: with care," etc. In United 
 States vs. Liquor Dealers' Supply Company, 156 Federal, 
 219, the Court held that spirituous liquors under this 
 section contained in bottles and packed in barrels and 
 
 shipped, the barrels being marked " " is a 
 
 violation of this section, and also that prosecutions 
 under this section contained no questions of fraud or 
 fraudulent intent. This case was a case of the indict- 
 ment of a corporation for a violation of this section.
 
 Internal Revenue. 583 
 
 See also United States vs. Sandefulir, 145 Federal, page 
 849. 
 
 This statute lias been held not to apply to private per- ' 
 sons, but only to distillers and dealers. 
 
 Sec. 369 a. Removal, etc., of Liquor Continued. 
 
 Section 3296, R. S. U. S. concerned with the removal 
 of liquors was repealed by the Volstead Act, Reed vs. 
 Thurmond, 269 F. 252. 
 
 § 370. Oleomargarine.— The Act of August 2, 1886, 
 24 Statute at Large, 209, is what is known as the Oleo- 
 margarine Act, and contains a definition of butter and 
 oleomargarine. 
 
 Section 3 of the Act provides a schedule of special 
 taxes upon manufacturers of six hundred dollars, whole- 
 sale dealers of four hundred eighty dollars, and retail 
 dealers of forty-eight dollars. The manufacturer is any 
 person who manufactures oleomargarine for sale, and 
 also any person who mixes with oleomargarine any arti- 
 ficial coloration. A wholesale dealer is any person who 
 sells or offers for sale oleomargarine in the original 
 manufacturer's packages; and the retailer is any per- 
 son who sells oleomargarine in quantities of less than 
 ten pounds at one time. 
 
 Section 4 of the Act provides the penalties for the 
 carrying on of the business without the payment of the 
 tax; that is if the manufacturer carries on his business 
 without the payment of his special tax, he shall be fined 
 not less than one thousand and not more than five thou- 
 sand dollars; the person who carries on the business of 
 a wholesale dealer without paying the special tax, be- 
 sides being liable to the payment of the tax, shall be 
 fined not less than five hundred, nor more than two 
 thousand dollars; and every person who carries on the 
 business of a retail dealer without paying the special 
 tax, shall, besides being liable for the tax, be fined not 
 less than fifty, nor more than five hundred dollars. 
 
 Section 6 regulates packing and marking oleomarga- 
 rine, and provides the penalty, and reads as follows: 
 
 "Sec. 6. That all oleomargarine shall be packed by the manufactur- 
 er thereof in firkins, tubs, or other wooden packages not before used 
 for that purpose, each containing not less than ten pounds, and mark-
 
 584 Federal Criminal Law Procedure. 
 
 ed, stamped, and branded as the Commissioner of Internal Revenue, 
 with the approval of the Secretary of the Treasury, shall prescribe; 
 and all sales made by manufacturers of oleomargarine, and wholesale 
 dealers in oleomargarine shall be in original stamped packages. 
 Retail dealers in oleomargarine must sell only from original stamped 
 packages, in quantities not exceeding ten pounds, and shall pack the 
 oleomargarine sold by them in suitable wooden or paper packages, 
 which shall be marked and branded as the Commissioner of Internal 
 Revenue, with the approval of the Secretary of the Treasury, shall 
 prescribe. Every person who knowingly sells or offers for sale, or 
 delivers or offers to deliver, any oleomargarine in any other form 
 than in new wooden or paper packages as above described, or who 
 packs in any package any oleomargarine in any manner contrary to 
 law, or who falsely brands any package or affixes a stamp on any pack- 
 age denoting a less amount of tax than that required by law, shall 
 be fined for each offense not more than one thousand dollars, and be 
 imprisoned not more than two years." 
 
 Section 6, above quoted, has been declared to be Con- 
 stitutional in in re Kollock, 165 U. S., 536; 41 Law Ed., 
 813, and Dougherty vs. United States, 108 Federal, 56, 
 which affirmed U. S. vs. Dougherty, 101 Federal, 439, 
 upon the reasoning that the Act does not continue a 
 delegation of power to the Commissioner of Internal 
 Revenue and the Secretary of the Treasury to determine 
 what act shall be criminal, but the Act itself sufficiently 
 defines the offense, by requiring the packages to be 
 marked and branded, and the punishment therefor, leav- 
 ing the mere discretion of the particular marks, stamps, 
 and brands to be determined by the officers aforesaid. 
 The Supreme Court, in the Kollock case, said that the 
 primary object of oleomargarine legislation was to secure 
 revenue by internal taxation, and to prevent fraud in the 
 collection of such revenue. 
 
 In the case of Hipper vs. United States, 178 Federal, 
 page 24, the Circuit Court of Appeals held that evidence 
 secured by the unlawful issuance of a search warrant, 
 which was itself relevant was not inadmissible because 
 obtained by such illegal search and seizure; and that 
 same case held that in order to constitute the offense 
 of neglect or refusal to destroy the stamp from the 
 emptied oleomargarine package, it need only appear 
 that the package had a stamp on it denoting the payment
 
 Internal Revenue. 585 
 
 of the tax; that it was emptied of its contents; that it 
 was in defendant's possession in its emptied condition; 
 and that he wilfully neglected or refused to destroy the 
 stamp while the empty package was in his possession. 
 
 That same case also reasoned that the Act authorized 
 three classes of persons to conduct the business of manu- 
 facturing and selling oleomargarine; namely, the manu- 
 facturer, the wholesale dealer, and the retail dealer; and 
 that Section 6 declares that retail dealers must sell only 
 from original stamped packages, in quantities not ex- 
 ceeding ten pounds, and that the restriction on retail 
 dealers violates no Constitutional right, and that per- 
 sons selling oleomargarine at retail in original packages 
 in quantities greater than ten pounds at any one time are 
 violators of the law, and do not form a class outside of 
 its provisions. 
 
 In this case, the Court also held that the penalty pro- 
 vided in Section 6 does not apply to that part of the 
 section prohibiting retail dealers from selling in quanti- 
 ties exceeding ten pounds, such offense being subject 
 to punishment by a fine of a thousand dollars, without 
 imprisonment, as prescribed by Section 18 of the Act, 
 which reads as follows: 
 
 "Sec. 18. That if any manufacturer of oleomargarine, any dealer 
 therein, or any importer or exporter thereof shall knowingly and wil- 
 fully omit, neglect, or refuse to do, or cause to be done, any of the 
 things required by law in the carrying on or conducting of his bus- 
 iness, or shall do anything by this act prohibited, if there be no 
 specific penalty or punishment imposed by any other section of this 
 act for the neglecting, omitting, or refusing to do, or for the doing or 
 causing to be done, the thing required or prohibited, he shall pay a 
 penalty of one thousand dollars; and if the person so offending be 
 the manufacturer or a wholesale, dealer in oleomargarine, all the 
 oleomargarine owned by him, or in which he has any interest as 
 owner, shall be forfeited to the United States." 
 
 In Dougherty vs. United States, 108 Federal, 56, the 
 Court of Appeals for the Third Circuit, in passing upon 
 the case originating under Section 6 of the Act, said 
 that the section first requires manufacturers to pack 
 oleomargarine in new wooden or paper packages, mark- 
 ed, stamped, and branded as prescribed; and sales by
 
 586 Federal Criminal, Law Procedure. 
 
 manufacturers and wholesale dealers are also required 
 to be "in original stamped packages." Thereafter, it 
 provides that they shall pack it "in suitable wooden or 
 paper packages, marked and branded as prescribed." 
 The penal clause thereof provides that every person 
 who knowingly sells oleomargarine otherwise than in 
 new wooden or paper packages as above described, shall 
 be fined, and held that such clause applied to retail deal- 
 ers as well as others. 
 
 The Court also passed upon the form of an indictment. 
 
 A new indictment, in conformity with the ruling of 
 the Court in United States vs. Lockwood, 164 Federal, 
 772, was found, and a conviction resulted, which con- 
 viction was affirmed in Lockwood vs. United States, 178 
 Federal, 437, wherein the Court re-affirmed the Con- 
 stitutionlity of the Act. In the Lockwood case, 164 
 Federal, 772, it was held that when the indictment was 
 for selling in packages that were not as prescribed by 
 the Commissioner of Internal Eevenue, the particular 
 in which such packages did not conform therewith should 
 be set out in the indictment. The regulations of the 
 Commissioners provide that retail packages must have 
 the name and address of the dealer printed or branded' 
 thereon; likewise, the words "pound" and "oleomarga- 
 rine" in letters not less than one quarter of an inch 
 square, so as to be plainly visible to the purchaser at 
 the time of delivery to him, and the color of the ink 
 must be in the strongest contrast to the color of the 
 packages. 
 
 In Wesoky vs. United States, 175 Federal, 333, the 
 Circuit Court of Appeals for the Third Circuit passed 
 upon certain evidence that was admitted, and holds 
 the rulings of the trial judge not erroneous, in an oleo- 
 margarine prosecution. In this case it was held, follow- 
 ing Graves vs. United States, 105 U. S., 121, 37 Law 
 Ed., 1021, that the wife of a defendant indicted in a 
 Federal Court, is not a competent witness. 
 
 In United States vs. Lamson, 173 Federal, 673, the 
 Court held that the Oleomargarine Act, which provides 
 that wholesale dealers shall keep such books and render 
 such returns as the Internal Revenue Commissioner may
 
 Internal Eevenue. 587 
 
 require, did not limit the power of the commissioner to 
 the sole making of regulations requiring the returns; but 
 he was authorized thereunder to adopt regulations re- 
 quiring such dealers to make monthly returns, showing 
 the packages and pounds received, quantity disposed 
 of, and the names and addresses of the consignees, and 
 that such regulation was reasonable, and when such 
 names were fictitious and erroneous, there was a viola- 
 tion of the regulation. 
 
 In United States vs. Union Supply Company, the Su- 
 preme Court of the United States, in an opinion ren- 
 dered November 8, 1909, held that a corporation was a 
 person, within the meaning of Section 6 of the Act of 
 May 9, 1902, 32 Stat. L., 193, which required wholesale 
 dealers in oleomargarine to keep certain books and make 
 certain returns, and this although Section 5 of the same 
 Act applies in express terms to corporations. In Ver- 
 mont vs. United States, 174 Federal, 729, the Circuit 
 Court of Appeals for the Eighth Circuit held that the 
 term "any person" in the Act of 1886, as amended by 
 the Act of May 9, 1902, is not limited to licensed whole- 
 sale or retail dealers, but is comprehensive enough to 
 embrace all persons, whether licensed dealers or not. 
 This case also affirms the doctrine heretofore mentioned 
 with reference to elements of that portion of the Act 
 relating to the destruction of stamps. 
 
 In United States vs. Joyce, 138 Federal, 455, the Court 
 held that that portion of the Act of 1886 relating to the 
 payment of tax by wholesale dealers, might be prosecut- 
 ed by either information or indictment. A form of in- 
 dictment is also approved in that case for wholesale 
 dealers who do not pay the tax. 
 
 In United States vs. Ford, 50 Federal, 467, the Court 
 held that an indictment under Section 6 for neglect to 
 properly mark the package of oleomargarine should set 
 out the regulation of the commissioner covering the 
 marks and brands in substance. 
 
 In apparent contradiction of Vermont vs. United 
 States, 174 Federal, cited supra, seems to be the case of 
 Morris vs. United States, 168 Federal, 682. In the Mor- 
 ris case, the Circuit Court of Appeals for the Eighth
 
 588 Federal Criminal Law Procedure. 
 
 Circuit, in passing upon Section 6 of the Act of 1886, 
 and referring to the words "every person" should be con- 
 strued to refer solely to manufacturers and dealers pre- 
 viously therein mentioned, so that an indictment for 
 violating such section which fails to charge that the 
 accused was either a manufacturer or dealer in oleomar- 
 garine would state no offense. The safe rule, therefore, 
 is to allege that the defendant is either a manufacturer 
 or a wholesale or retail dealer, and that the facts of 
 each prosecution will substantiate the allegation; other- 
 wise, there should be no prosecution. 
 
 Prosecution for sale and delivery, though different of- 
 fenses, if same transaction, may be under different counts 
 in same indictment, Goll vs. U. S., 166 F., 419. 
 
 In U. S. vs. Eaton, 144 U. S., 688, 36 Law Ed., 591, 
 Section 18 of Act requiring certain reports and books 
 by wholesale dealers was held inoperative. 
 
 § 370 a. Oleomargarine — Indictment. — Enders vs. U. 
 S., 1887 Federal, 754; May vs. U. S., 199 Federal, 42; 
 Hart vs. U. S., 183 Federal, 368. 
 
 Sec. 370 b. Artificial Coloring of Butter. 
 
 For decisions with reference to this violation see Til- 
 lingast vs. Richards, 233 F. 7 JO; U. S. vs. Or. 233 F. 717.
 
 CHAPTER XVIII. 
 
 .NATIONAL BANKS. 
 
 § 371. General Provisions. 
 371a. Federal Reserve Bank. 
 371b. Aiding and Abetting. 
 
 372. Falsely Certifying Checks. 
 
 373. Wilfully. 
 
 374. Acting by Others. 
 
 374a. Acting by Another Continued. 
 
 374b. Heinze Case. 
 
 375. Embezzlement, Abstraction, Misapplication, False Entries, 
 
 Etc. — Penalty. 
 375a. Misapplication and Other Cases. 
 375aa. New sec. 5209. 
 375b. False Entries, Mistakenly Made. 
 375bb. Decisions Under sec. 5209. 
 37C. Abstraction. 
 
 377. Misapplication. 
 
 377a. Cases of Misapplication and Indictment. 
 377b. Indictment Duplicitous. When. 
 
 378. False Entries. 
 
 378a. False Entries and False Reports Continued. 
 378b. Admission of Books. 
 
 379. Other Cases. 
 
 379a. Federal Reserve Act — Decisions and Acts. 
 
 § 371. Any number of persons not less than five may 
 form an association for the purpose of conducting a 
 national bank. The Articles of Association and organ- 
 ization certificate should state the name assumed, the 
 place where operations are to be carried on, the amount 
 of capital stock, and the number of shares thereof, the 
 names and residences of the share-holders, and the num- 
 ber of shares held by each. When these dockets are filed 
 with the Comptroller of the Currency, the association 
 becomes a body corporate, empowered to use a corporate 
 seal, have a life for twenty years, the right to make 
 contracts, to sue and to be sued, elect directors, and ap- 
 point other officers; to have by-laws which are not in- 
 consistent with the law for the conduct of the general 
 business, and the exercise of its national banking privi- 
 leges. No other bank, of course, is authorized to use 
 
 (589)
 
 590 Federal Criminal Law Procedure. 
 
 the word "national" as a portion of its title. An as- 
 sociation may exist with or without power to use circula- 
 tion. To obtain circulation notes, an association must 
 deposit with the Comptroller of the United States bonds 
 as security for the redemption of such notes as it may 
 issue, whereby, within limits, notes of various denomina- 
 tions may be furnished by the Comptroller. The States 
 can exercise only such control over national banks as 
 Congress permits, Farmers' National Bank vs. Deering, 
 91 U. S., 33. 
 
 The sections in the Revised Statutes relating to the 
 organization and powers, etc., of national banks are from 
 5133 to 5156, inclusive. The sections in the Revised 
 Statutes relating to the obtaining and issuing of circulat- 
 ing notes are from 5757 to 5189, inclusive. The sections 
 relating to the regulation of the banking business are 
 from 5190 to 5219, inclusive. The sections relating to 
 dissolution and receivership are from 5220 to 5243, in- 
 clusive. 
 
 § 371 a. Federal Reserve Bank.— By the Act of De- 
 cember 23, 1913, page 260, 1914 Supp. Fed. Stats. Ann. 
 Federal reserve banks were established in as many dis- 
 tricts as the Federal reserve board might consider neces- 
 sary, in accordance with which the Board established 
 eleven such banks. This legislation contained no pro- 
 visions which modify the scope or vitality of Section 
 5209 which has stood so long as the legal watchdog over 
 the integrity of the national bank system. Later, or to 
 wit, on August 15, 1914, the Act was amended as shown 
 at Section 9801 Federal Stats. Compiled. Such amend- 
 ment dealt largely with the matter of percentums of de- 
 posit to remain in the vaults of the national banks and 
 the authorization of the Federal reserve privilege to the 
 State bank. Section 22 of the parent Act created a 
 new misdemeanor by declaring that no bank nor any 
 officer, director or employee thereof shall make any loan 
 or grant any gratuity to any bank examiner, the penalty 
 for so doing being imprisonment not to exceed oe year or 
 a fine of not more than $5000 or both, and may be fined 
 a further sum equal to the amount of money so loaned 
 or gratuity so given. The section also provides for the
 
 National Banks. 591 
 
 punishment of the bank examiner who accepts any such 
 favor, by the same penalty. 
 
 The same section also declares that any officer, direct- 
 or or employee of a member bank shall not receive any 
 compensation or gratuity whatsoever in any way in ad- 
 dition to his regular salary and that no examiner shall 
 disclose the names of borrowers or the collateral for loans 
 to other than the proper officers without first obtaining 
 written permission from the Comptroller of the Treas- 
 ury, unless ordered to do so by competent civil jurisdic- 
 tion, all of which acts are punished by a fine not exceed- 
 ing $5000 or by imprisonment not exceeding one year, 
 or both. See also Sec. 375aa for new 5209. . 
 
 § 371 b. Aiding and Abetting. — The last paragraph 
 of Section 5209 provides for the punishment of such 
 persons as aid or abet any officer or clerk or agent in 
 the commission of any of the violations of that section, 
 provided such aiding or abetting is with the same intent 
 that the principal must have before he can be guilty 
 thereunder, to wit, the intent to injure or defraud the 
 persons or bodies therein enumerated, or to deceive the 
 persons therein enumerated. See Section 375. 
 
 For indictments and illustrations of prosecutions un- 
 der this paragraph of the section, see Hillegass vs. U. S., 
 183 Federal, 200; Prettyman vs. U. S., 180 Federal, 30; 
 Keliher vs. U. S., 193 Federal, 8, in which it was decided 
 that aiding and abetting may be done by an officer of the 
 bank as well as by an outsider. To the same effect is 
 the case of Kettenbach vs. U. S., 202 Federal, 377. 
 
 § 372. Falsely Certifying Checks.— Section 5208 of 
 the Revised Statutes of 1878, which reads as follows: 
 
 "Sec. 5208. It shall be unlawful for any officer, clerk, or agent of 
 any national banking association to certify any check drawn upon 
 the association unless the person or company drawing the check has 
 on deposit with the association, at the time such check is certified, 
 an amount of money equal to the amount specified in such check. 
 Any check so certified by duly authorized officers shall be a good and 
 valid obligation against the association; but the act of any officer, 
 clerk, or agent of any association, in violation of this section, shall 
 subject such bank to the liabilities and proceedings on the part of the 
 comptroller as provided for in Section fifty-two hundred and thirty- 
 four."
 
 592 Federal Criminal Law Procedure. 
 
 relates to the penalty for falsely certifying checks. The 
 penalties of the section, it will be noted, are both against 
 the individual and against the association. The comp- 
 troller has the authority to place the association whose 
 officer is guilty of a violation of this section, in the hands 
 of a receiver, as provided in Section 5234. 
 
 This section includes four criminal offenses: first, the 
 wilful certification of checks drawn upon the association 
 by any person or company, unless such person or com- 
 pany has, at the time such check is certified, on deposit 
 with the association, an amount of money equal to the 
 amount specified in such check; second, the resorting 
 to any devise, in order to evade the provisions of the 
 of the section; third, the receipt of any fictitious obli- 
 gation, directly or collaterally, in order to evade the 
 provisions of the section; and fourth, the certifying of 
 checks before the amount shall have been regularly en- 
 tered to the credit of the dealer upon the books of the 
 association. 
 
 Anderson's Dictionary of Law, under the head of the 
 words "Certified Check," says it "implies that there 
 are funds in the bank with which to pay. it; that the 
 same are set apart for its satisfaction; and that they will 
 be so applied when the check is presented for payment. ' ' 
 
 The act of certifying is equivalent to an acceptance of 
 the check. The object is to enable the holder to use 
 the check as money. The bank charges the check to the 
 account of the drawer; credits it in a certified check 
 account; and when paid, debits that account with the 
 amount. The bank thus becomes the debtor of the hold- 
 er, Merchants' Bank vs. The State Bank, 11 Wallace, 
 647; Espy vs Bank of Cincinnati, 18 Wallace, 619; Bank 
 vs. Whitman, 94 IT. S., 343; same case, 100 U. S., 689; 
 Bank of British North America, 91 N. Y., 110. It will 
 be borne in mind that the statute relates alone to 
 " check. ' : Draft, or letter, or telegram, or any other 
 certificate that is not included in the technical and legal 
 term " check, ' : is not included within the statute. 
 
 In Potter vs. United States, 155 U. S., 444; 39 Law Ed., 
 216, the Supreme Court held that the word "certified," 
 as commonly understood, implies that the check upon
 
 National Banks. 593 
 
 which the words of certification have been written has 
 passed from the custody of the bank into the hands of 
 some other party; and when the charge is, that the de- 
 fendant "did unlawfully, knowingly," and wilfull} 7 certify 
 a certain check," the import of that accusation is not 
 simply that he wrote certain words upon the face of the 
 check, but that he did it in such a manner as to create 
 an obligation of the bank, in such a way as to make an 
 instrument which can properly be called a certified 
 check. 
 
 Sec. 372 a. Falsely Certified Checks, Continued. 
 
 Section 5208 has been amended to read as follows : — 
 
 (R. S. *5208, as amended, Act Sept. 26, 1918, c— , *7.) 
 Falsely certifying checks; penalty; punishment. 
 
 It shall be unlawful for any officer, director, agent, or 
 employee of any Federal reserve bank, or of any member 
 bank as defined in the Act of December twenty-third, 
 nineteen hundred and thirteen, known as the Federal 
 reserve Act, to certify any check drawn upon such Fed- 
 eral reserve bank or member bank unless the person, 
 firm, or corporation drawing the check has on deposit 
 with such Federal reserve bank or member bank, at the 
 times such check is certified, an amount of money not 
 less than the amount specified in such check. Any check 
 so certified by a duly authorized officer, director, agent, 
 or employee shall be a good and valid obligation against 
 such Federal reserve bank or member bank; but the act 
 of any officer, director, agent, or employee of any such 
 Federal reserve bank or member bank in violation of this 
 section shall, in the discretion of the Federal Reserve 
 Board, subject such Federal reserve bank to the penalties 
 imposed by section eleven, subsection (h), of the Federal 
 reserve Act, and shall subject such member bank if a 
 national bank to the liabilities and proceedings on the 
 part of the Comptroller of the Currency provided for in 
 section fifty-two hundred and thirty-four, Revised Stat- 
 utes, and shall, in the discretion of the. Federal Reserve 
 Board, subject any other member bank to the penalties 
 imposed by section nine of said Federal reserve Act for 
 the violation of any of the provisions of said Act. Any 
 officer, director, agent, or employee of any Federal reserve 
 
 38
 
 59-4 Federal Criminal Law Procedure. 
 
 bank or member bank who shall wilfully violate the 
 provisions of this section, or who shall resort to any 
 devise, or receive any fictitious obligation, directly or 
 collaterally, in order to evade the provisions thereof, or 
 who shall certify a check before the amount thereof shall 
 have been regularly entered to the credit of the drawer 
 upon the books of the bank, shall be deemed guilty of 
 a misdemeanor and shall, on conviction thereof in any 
 district court of the United States, be fined not more 
 than $5,000, or shall be imprisoned for not more than 
 five years, or both, in the discretion of the court. 
 
 § 373. Wilfully.— The use of the word "wilfully" in 
 the statute implies on the part of the officer who commits 
 the offense, knowledge and purpose to do wrong. Some- 
 thing more is required than the act of certification made 
 in excess of the actual deposit but in ignorance of that 
 fact, but without a purpose to evade or disobey the man- 
 dates of the law. In Potter vs. United States, cited 
 
 supre, this language is used: 
 
 i 
 
 "The significance of the word "wilfully" in criminal statutes has 
 been considered by this Court. In Felton vs. United States, 96 U. S., 
 699, 24 Law Ed., 875, it was said: 'Doing or omitting to do a thing 
 knowingly and wilfully implies not only knowledge of the thing; but 
 a determination, with a bad intent, to do it. The word 'wilful,' says 
 Chief Justice Shaw, in the ordinary sense in which it is used in 
 statutes, means not merely voluntary, but with a bad purpose, Com. 
 vs. Kneeland, 20 Pick, 220. It is frequently understood, says Bishop, 
 as signifying an evil intent without justifiable excuse, I. Bishop, as 
 signifying an evil intent and later, in the case of Evans vs. United 
 States, 153 U. S., 584, 38 Law Ed., 830, there was this reference to 
 the words 'wilfully misapplied': 'In fact the gravamen of the offense 
 consists in the evil design with which the misapplication is made, 
 and a count which should omit the words "wilfully, etc., and with 
 
 intent to defraud," would be clearly bad.' As wilful wrong 
 
 is of the essence of the accusation, testimony bearing directly on 
 the question of wilfulness is of vital importance, and error in re- 
 jecting it cannot be regarded otherwise than as material and mani- 
 festly prejudicial." 
 
 The original Potter case, which was treated in the writ 
 of error above, will be found in 56 Federal, page 93. 
 The Supreme Court, in Spurr vs. United States, 174 U. 
 S., 728, held that the trial judge, in answering a question
 
 National Banks. 595 
 
 of the jury in a prosecution, under this section, when 
 tliev came in after consulation, and asked for the law 
 ing of ''wilful violation," when he was requested so to 
 as to certification when on money appeared to the credit 
 of the drawer, which answer failed to explain the mean- 
 do bv the defendant's counsel, was reversible error. 
 
 United States vs. Heinze, 161 Federal, 425, holds that 
 Section 5208 creates no criminal offense until read in con- 
 nection with Section 13 of the Act of July 12, 1882, 22 
 St. L., 166, Section 13 of said Act fixing the punishment. 
 Judge Hough, in the Heinze case, said that Courts were 
 bound to take judicial notice of the meaning of the word 
 "certified" as applied to bank checks, and that such 
 meaning was that certain words have been written or 
 printed on a check, and that the check has passed from 
 the custody of the bank into the hands of some other 
 party, and that thereby the person certifying created an 
 obligation of the bank. That case also held that an in- 
 dictment was not fatally defective for failure to set out 
 totidem verbis the written certifications under the rule 
 that in an indictment in Federal Courts it is not neces- 
 sary to allege the tenor of an instrument, unless it touches 
 the gist of the crime, such rule limiting, in the Federal 
 Courts, the setting out in full of the instrument main- 
 ly, if not wholly, to the cases of forgery, counterfeiting, 
 and sending threatening letters. 
 
 Sec. 373 a. Wilfully, Continued. 
 
 For further definitions of the word wilfully and know- 
 ingly see 252 F. 213 and Bentall vs. U. S., 262 F. 744. 
 
 § 374. Acting by Others. — In the Heinze case, the 
 facts as alleged in the indictment were that the defend- 
 ant did not certify in the sense of personally signing the 
 certification stamped on the checks in question; and a 
 motion to quash was made upon the ground that, there- 
 fore, he personally could not be indicted under this sec- 
 tion. The Court answered this objection by stating that, 
 "The whole indictment taken together shows that the 
 first fifteen counts must fail unless the prosecution can 
 prove that the individuals who actually executed the 
 certification endorsed were but physical instruments 
 of the defendant in doing what was done; and that an
 
 596 Federal Criminal Law Procedure. 
 
 indictment will lie for causing or procuring a coerced 
 subordinate to do the forbidden act, is distinctly held by 
 Judge Putnam in the Potter case." 
 
 § 374 a. Acting by Another Continued. — The mak- 
 ing of false entries in the book of a national bank is 
 equally an offense whether it is done by the bank officer 
 charged, or whether he procures it to be done through 
 the medium of other, and where an indictment charged 
 an officer with making false entries, in that he caused 
 and procured them to be made, proof of either Of such 
 charges was sufficient after verdict to sustain a convic- 
 tion, even though the other was not proved. Richard- 
 son vs. U. S., 181 Federal, 1. 
 
 § 374 b. Heinze Case.— In Sections 373 and 374, the 
 Heinze case in 161 Federal, 425, is mentioned. Indict- 
 ment was held sufficient by the Supreme Court of the 
 United States, and 161 Federal, 425, reversed in U. S. 
 vs. Heinze, 218 U. S. 532, and the Court held that a charge 
 in the indictment that a note for an amount was receiv- 
 ed for discount which was wholly unsecured, and which 
 sum was lost to the bank, amounts to a direct allegation 
 that the loss was caused by the discount, 
 
 § 375. Embezzlement, Abstraction, Misapplication, 
 False Entries, Etc., Penalty. — By long odds, the most 
 important Federal statute for the preservation of the 
 people's property and the integrity of the national bank- 
 ing system, is Section 5209, which reads as follows: 
 
 i i 
 
 Sec. 5209. Every president,' director, cashier, teller, clerk, or 
 agent of any association, who embezzles, abstracts, "or wilfully mis- 
 applies, any of the moneys, funds, or credits of the association; or 
 who, without authority from the directors, issues or puts in circula- 
 tion any of the notes of the association; or who, without such au- 
 thority, issues or puts forth any certificate of deposit, draws any 
 order or bill of exchange, makes any acceptance, assigns any note, 
 bond, draft, bill of exchange, mortgage, judgment, or decree; or who 
 makes any false entry in any book, report, or statement of the as- 
 sociation, with intent, in either case, to injure or defraud the associa- 
 tion or any other company, body politic or corporate, or any individual 
 person, or to deceive any. officer of the association, or any agent ap- 
 pointed to examine the affairs of such association; and every per- 
 son who with like intent aids or abets any officer, clerk, or agent in 
 any violation of this section, shall be deemed guilty of a misdemeanor, 
 and shall be imprisoned not less than five years nor more than ten."
 
 National Banks. 597 
 
 The statute, it will be noted, punishes every president 
 director, cashier, teller, clerk, or agent, who (1) embez- 
 zles, (2) abstracts, (3) wilfully misapplies, any of the 
 (1) moneys, (2) funds, or (3) credits, of the association 
 In other words, as stated by Terrell, in his book on na- 
 tional banking at page 13, the statute covers embezzle- 
 ment by the persons named, of any of the money, funds, 
 or credits of the association, provided such embezzle- 
 ment be with the intent to injure or defraud (1) the 
 association, (2) any other company, body politic or cor- 
 poriate, or (3) any individual person. The word "embez- 
 zle, ' ' as used in this statute, says Terrell, has well defined 
 technical meaning. It is the unlawful conversion, by 
 an officer of a bank, to his own use, of the moneys, funds, 
 or credits of the association entrusted to him, with the 
 intent to injure or defraud the bank, United States vs. 
 Youtzey, 91 Federal, 867. It involves a breach of trust 
 or duty in respect of the moneys, goods, or properties 
 entrusted to the party's possession, belonging to another, 
 and also the wrongful appropriation thereof to the 
 party's own use. Though kin to theft or larceny 
 embezzlement is a separate and distinct offense 
 In order to constitute this crime, it is necessary that the 
 property, money or personal effects embezzled should 
 have previously come lawfully into the hands, posses- 
 sion, or custody, of the party charged with such offense 
 and that while so entrusted to his possession and custo- 
 dy, and held for the use and benefit of the real owner, 
 he wrongfully converts the same to his own use, United 
 States vs. Harper, 33 Federal, 474. The Supreme Court, 
 in Moore vs. United States, 160 U. S., 269, defines em- 
 bezzlement to be "The fraudulent appropriation of prop- 
 erty, by a person to whom such property has been en- 
 trusted, or into whose hands it has lawfully come. Such 
 custody need not be actual, manual possession. United 
 States vs. Harper, 33 Federal, 475. 
 
 In United States vs. Northway, 120 U. S., 336; 30 Law 
 Ed., 664, the Court held in substance that the wilful 
 and criminal misapplication of the funds of a national 
 bank, as defined by this section, may be made by an offi- 
 cer or agent, without having previously received them
 
 598 Federal Criminal Law Procedure. 
 
 into his manual possession. There is a distinction between 
 said offense and embezzlement. In the former it is unnec- 
 essary to charge possession in the indictment,' while in 
 the latter a charge of possession is required in describ- 
 ing the offense. 
 
 § 375a. Misapplication and Other Cases. — Pearce vs. 
 U. S., 192 Federal, 561. In this case the discounting of 
 notes was the basis of the offense. Prettvman vs. U. S., 
 180 Federal, 30. 
 Sec. 375. a. a. Embezzlement, etc., Continued. 
 
 Sec. 5209 was amended by the Act of September 26, 
 1918, to read as follows: — 
 
 "Any officer, director, agent, or employee of any Federal reserve 
 bank, or of any member bank as defined in the Act of December 
 twenty-third, nineteen hundred and thirteen, known as the Federal 
 reserve Act, who embezzles, abstracts, or wilfully misapplies any 
 of the moneys, funds, or credits of such Federal reserve bank or 
 member bank, or who, without authority from the directors of such 
 Federal reserve bank or member bank, issues or puts in circulation 
 any of the notes of such Federal reserve bank or member bank, or 
 who, without such authority, issues or puts forth any certificate of 
 deposit, draws any order or bill of exchange, makes any acceptance, 
 assigns any note, bond, draft, bill of exchange, mortgage, judgment, 
 or decree, or who makes any false entry in any book, report, or 
 statement of such Federal reserve bank or member bank, with in- 
 tent in any case to injure or defraud such Federal reserve bank or 
 member bank, or any other company, body politic or corporate, or 
 any individual person, or to deceive any officer of such Federal re- 
 serve bank or member bank, or the Comptroller of the Currency, or 
 any agent or examiner appointed to examine the affairs of such 
 Federal reserve bank or member bank, or the Federal Reserve 
 Board; and every receiver of a national banking association who, 
 with like intent to defraud or injure, embezzles, abstracts, purloins, 
 or wilfully misapplies any of the moneys, funds, or assets of his 
 trust, and every person who, with like intent, aids or abets any offi- 
 cer, director, agent, employee, or receiver in any violation of this 
 section shall be deemed guilty of a misdemeanor, and upon convic- 
 tion thereof in any district court of the United States shall be fined 
 not more than $5,000 or shall be imprisoned for not more than five 
 years, or both, in the discretion of the court. 
 
 Any Federal reserve agent, or any agent or employee of such 
 Federal reserve agent, or of the Federal Reserve Board, who em- 
 bezzles, abstracts, or wilfully misapplies any moneys, funds, or se- 
 curities intrusted to his care, or without complying with or in vio- 
 lation of the provisions of the Federal reserve Act, issues or puts in 
 circulation any Federal reserve notes shall be guilty of a misde-
 
 National Banks. 599 
 
 meanor and upon conviction in any district court of the United 
 States shall be fined not more than $5,000 or imprisoned for not 
 more than five years, or both, in the discretion of the court." 
 
 § 375b. False Entries Mistakenly Made. — An entry 
 made by mistake which is false is not an offense. Graves 
 vs. U. S., 165 U. S., ; 41 L. ed., 732. 
 
 Sec. 375 b. b. Decisions and Suggestions With Ref- 
 ference to Foregoing Act. 
 
 Liberty bonds are "funds" and the intention to re- 
 turn funds is no defense to the charge of embezzlement, 
 U. S. vs. Jenks, 264 F. 697. 
 
 A cashier's check is a bill of exchange, Hoos vsA 
 U. S., 232 F. 328. 
 
 The intent to defraud is essential in all prosecutions 
 under this statute, U. S. vs. Jenks, 258 F. 763. 
 
 Jurisdiction over bank offenses is exclusive to the 
 United States, Easton vs. U. S. 188 U. S. 220, 47 Law 
 Ed. 452. 
 
 Under the new statute this is now a felony, U. S. vs. 
 Hoos, 232 F. 328. 
 
 The payment of a note out of the funds of a bank 
 is a violation, when, Showalter vs. U. S., 260 F. 719. 
 
 A receiver of a National Bank is not an "agent", U. 
 S. vs. Weitzel, U. S. Sup. Ct. April, 1918. 
 
 Loans on wheat bills of lading, etc., may support a 
 charge of misapplication, Stout vs. U. S., 227 F. 799 
 
 The offense is to be determined by the facts at the 
 time and subsequent payment is not a defense, Matters 
 vs. U. S., 261 F. 826. 
 
 For a case wherein the evidence was held insufficient 
 to sustain a conviction for abstraction see McCallum vs. 
 U. S., 247 F. 27. 
 
 For conspiracy to abstract see Oppenheim vs. U. S., 
 241 F. 625. 
 
 Intent in prosecutions under this statute cannot be 
 ignored nor charged against by the court. Cummins vs. 
 U. S., 232 F. 844. 
 
 The appropriation of a special deposit is an offense, 
 Sheridan vs. U. S., 236 F. 305. 
 
 A misapplication evidence furnished by a reporter 
 which failed to show an overdraft is admissible, Garanflo 
 vs. U. S., 246 F. 910.
 
 600 Federal Criminal Law Procedure. 
 
 ► 
 
 As to different defendants and different offenses and 
 
 questions of duplicity see U. S. vs. ; Boone vs. U. 
 
 S., 257 F. 963; Simpson vs. U. S., 229 F. 940. 
 
 For a case on false entries an intent see Galbreatli 
 vs. U. S., 257 F. 648. 
 
 As to the liability of a bank for bonds deposited 
 with the cashier see First vs. Mercantile, 273 F. 119. 
 
 § 376. Abstraction. — The president, director, cashier, 
 teller, clerk, or agent of any national banking associa- 
 tion who abstracts any of the (1) moneys, (2) funds, or 
 (3) credits, of the association, with the intent to injure 
 or defraud (1) the association, (2) any other company, 
 body politic or corporate, or (3) any individual person, 
 is guilty of abstraction. Abstraction from definitions 
 taken from United States vs. Eno, 56 Federal, 220, and 
 United States vs. McKnight, 115 Federal, 972, means to 
 take or withdraw from; so that, to abstract the funds of 
 a bank, or a portion of them, is to take and withdraw 
 from the possession and control of the bank the moneys 
 and funds alleged to be so abstracted. Such abstrac- 
 tion must be, of course, without its knowledge and con- 
 sent, and with the intent to^Tnjure or defraud it or some 
 other person or company. The Supreme Court, in speak- 
 ing of the word "abstraction" in the Northway case, 120 
 U. S., says: 
 
 "We do not admit the proposition that the offense ,of abstracting the 
 funds of the bank under this section is necessarily equivalent to 
 the offense of larceny. The offense of larceny is not complete without 
 the animus furandi, the intent to deprive the owner of his property; 
 but under Section 5209, an officer of the bank may be guilty of ab- 
 stracting the funds and money and credits of the bank without that, 
 particular intent. The statute may be satisfied with an intent to 
 injure or defraud some other company or body politic or corporate, 
 or individual person, than the banking association, whose property 
 is abstracted, but merely to deceive some other officer of the associa- 
 tion or an agent appointed to examine its affairs, This intent may 
 exist in a case of abstracting, without that intent which is necessary 
 to constitute the offense of stealing. Previous possession is not neces- 
 sary in order to the commission of this offense. United States vs. 
 Harper, 33 Federal, 480. In United States vs. Breese, 131 Federal, 
 921, abstraction is defined as the act of one who, being an officer of a 
 national banking association, wrongfully takes or withdraws from 
 it any of its moneys, funds, or credits, with intent to injure or de-
 
 National Banks. 601 
 
 fraud it, or some other person or company, and without its knowl- 
 edge and consent. It may be done by one act, or by a succession of 
 acts. It may be done under color of loans, discounts, checks, or the 
 like. The means does not change the nature of the act." 
 
 § 377. Misapplication. — Wilful misapplication is the 
 misapplying by any president, director, cashier, teller, 
 clerk, or agent, etc., of (1) moneys, (2) funds, or (3) 
 credits of the association, with the intent to injure or 
 defraud (1) the association, (2) any other company, 
 body politic or corporate, or (3) any individual person, 
 or_with the intent to deceive (1) any officer of the as- 
 sociation, or (2) any agent appointed to examine the 
 affairs of the association. Misapplication, as defined by 
 the Supreme Court in the Northway case, 120 U. S., 
 may be comprehended by the following language: 
 
 "In order to misapply the funds of the bank, it is not necessary 
 that the officer charged should be in actual possession of them by 
 virtue of a trust committed to him. He may abstract them from the 
 other funds of the bank unlawfully, and afterwards criminally mis- 
 apply them; or, by virtue of his official relation to the bank, he may 
 have such control, direction, and power of management as to direct 
 an application of the funds in such a manner and under such circum- 
 stances as to constitute the offense of wilful misapplication. And 
 when it is charged, as in the counts of this indictment, that he did 
 wilfully misapply certain funds belonging to the association, by caus- 
 ing them to be paid out to his own use and benefit in unauthorized 
 and unlawful purchases, without the knowledge and consent of the 
 association, and with the intent to injure, it, it necessarily implies 
 that the acts charged were done by him in his official capacity, and 
 by virtue of the power, control, and management which he was en- 
 abled to exert by virtue of his official relation. This, we think, com- 
 pletes the offense intended by the statute, of a wilful misapplication 
 of the moneys and funds of a national banking association." 
 
 § 377a. Cases of Misapplication and Indictment. — U. 
 S. vs. Heinze, 183 Federal, 907; U. S. vs. Heinze, 218 
 U. S., 542; U. S. vs. Norton, 188 Federal, 256. The 
 renewal of a note is not misapplication. Adler vs. U. 
 S., 182 Federal, 464. 
 
 § 377b. Indictment Duplicitous, When. — Indictment 
 Duplicitous which says "injure and defraud," etc. 
 Since the statute uses the disjunctive "or" instead of 
 the conjunctive "and" between the words 'njure, de- 
 fraud, deceive, it was held in the case of Norton vs.
 
 602 Federal Criminal Law Procedure. 
 
 U. S., 18b Federal, 256, that an indictment which charg- 
 ed that the defendant did the acts therein complained of 
 with the intent to injure or defraud and deceive was 
 duplicitous and upon the question being properly raised 
 the indictment was quashed. The defendant was reindict- 
 ed in deference to such judgment and the conviction was 
 affirmed in Norton vs. U. S., 205 Federal, 593. 
 
 In the case of U. S. vs. Corbett, 215 U. S., 233, the 
 opinion shows that the conjunctive was used in that in- 
 dictment and while the Supreme Court holds the indict- 
 ment good, the question now being discussed was not 
 before the Court and was not in any way whatsoever 
 mentioned. It, therefore, remains without further 
 authority than the Norton case, and Billingly vs. U. S., 
 178 Federal, 653. It does seem, however, that the deci- 
 sions in the Norton and Billingsly cases are correct, 
 because manifestly one could do the acts enumerated in 
 the statute with intention to either injure or the inten- 
 tion to defraud or with the intention to deceive and the 
 three words are not in any sense synonymous and it 
 therefore seems that the doing of the .acts denounced 
 by the statute, with the three separate intents, become as 
 many separate felonies, no more than one of which, of 
 course, can be laid in the same count of the indictment. 
 
 § 378. False Entries. — Every president, director, 
 cashier, teller, clerk, or agent of any national banking- 
 association who makes any false entry in (1) any book, 
 (2) any report, or (3) any statement, of the association, 
 with the intent, (1) to injure, (2) or defraud, (1) the 
 association, (2) or any company, body politic, or cor- 
 porate, or (3) any individual person, or (4) with the 
 intent to deceive (1) any officer of the association, or (2) 
 any agent appointed to examine the affairs of such as- 
 sociation, is guilty of the offense of making false entries, 
 within the meaning of the statute. 
 
 It will be borne in mind that Section 5211 of the Ee- 
 vised Statutes provides for the making of five reports to 
 to Comptroller of the Currency of the condition of the 
 affairs of the association, at such time and upon such 
 dates as the Comptroller may demand, and it is of these 
 reports that the statute, in speaking of false entries in 
 reports, relates.
 
 National Banks. 603 
 
 All of the offenses denounced in the statute rest for 
 their complete fulfillment upon the "intent" to either 
 injure or defraud the association, or any other company, 
 body politic or corporate, or any individual person, or 
 to deceive any officer of the association, or any agent 
 appointed to examine the affairs of such association. 
 This_mtent is an essential ingredient of the indictment 
 and the offense, U. S. vs. Britton, 170 U. S., 655; United 
 States vs. Voorhes, 9 Federal, 143; McKnight vs. U. S., 
 Ill Federal, 735. The cases of Agnew vs. United States, 
 165 U. S., 36; United States vs. Youtsey, 91 Federal, 864; 
 United States vs. Allis, 73 Federal, 165; Peters vs. Unit- 
 ed States, 94 Federal, 127; United States vs. Kenney, 
 90 Federal, 257; and Evans vs. United States, 153 U. 
 S., 584, announce no new doctrine in the criminal law 
 when they hold, in substance, that such intent does not 
 necessarily involve malice or ill-will toward the bank, 
 for the law presumes that a person intends the necessary 
 and natural consequences of his acts, and it is sufficient 
 that the wrongful or fraudulent act will necessarily or 
 naturally injure or defraud the bank as set forth in the 
 statute. 
 
 In Flickenger vs. United States, 150 Federal, page 1, 
 the Circuit Court of Appeals for the Sixth Circuit adopt- 
 ed this view, and said: 
 
 "There could be no proper presumption that the directors, in the 
 ordinary course of business, would consent to the discount, by the 
 president, of worthless and fictitious paper, with intent to injure and 
 defraud the bank, and, therefore, no necessity to insert in the in- 
 dictment an averment to negative such authority." 
 
 Any entry which is intentionally made to represent 
 what is not true, or does not exist, is a false entry, Agnew 
 vs. United States, 165 U. S., 36. An entry of a note as 
 paid, when it has only been endorsed by the bank and 
 re-discounted, is a false entry,, Dorsey vs. United States, 
 101 Federal, 746. An entry as money deposited of a sum 
 of money left with the bank in a sack as a special de- 
 posit, is a false entry, United States vs. Peters, 87 Fed- 
 eral, 985. The entry on a bank book of a transaction 
 just as it occurred, although such transaction be a fraud
 
 604 Federal Criminal Law Procedure. 
 
 on the bank, is not a false entry, Dow vs. United States, 
 82 Federal, 904; U. S. vs. Young, 128 Federal, 111. And 
 the crime of making false entries may be committed 
 personally or_by direction, and an officer directing the 
 making of false entries is liable therefor, Agnew vs. 
 United States, 165 U. S., 36; United States vs. Youtsey, 
 91 Federal, 864; Scott vs. United States, 130 Federal, 
 429; United States vs. Allis, 73 Federal, 165; United 
 States vs. Harper, 33 Federal, 480; United States vs. 
 Fisk, 24 Federal, 585; 5 Federal Statutes Annotated, 
 150. Entries in the book of a national bank, which .cor- 
 rectly record actual transactions of the bank, although 
 such transactions may have been unauthoried, or even 
 fraudulent, are not false entries, and will not sustain 
 an indictment, Twining vs. United States, 141 Federal, 
 41. That the including of an account of an accommoda- 
 tion note, given to cover overdrafts, in a report made to 
 the Comptroller was not a false entry within the mean- 
 ing of the statute, was decided by the Circuit Court of 
 Appeals for the Eighth Circuit in Hayes vs. United 
 States, 169 Federal, 101. Any false entry made in a 
 report to the Comptroller is within the meaning of this 
 statute Cochran vs. United ' States, 157 U. S., 293; 
 United States vs. Bartow, 10 Federal, 874; United States 
 vs. Means, 42 Federal, 599; United States vs. Hughitt, 
 45 Federal, 47; United States vs. Allen, 47 Federal, 696; 
 United States vs. French, 57 Federal, 382. 
 
 In Harper vs. United States, 170 Federal, 385, the Cir- 
 cuit Court of Appeals for the Eighth Circuit held that 
 the section makes it a criminal offense for any officer 
 or agent of a national bank to make any false entry in 
 a report of the association, with the intent to deceive 
 any officer of the association, etc., whether the report was 
 voluntarily made, or was one required by law, if the 
 false entry was made with the request unlawful intent. 
 This case also passes upon the sufficiency of an indict- 
 ment and its requisite averments in the matter of setting 
 out the report and holds that if the indictment shows 
 the date upon which the report was made and that it 
 was a report made to the comptroller showing resources
 
 National Banks. 605 
 
 and liabilities on a certain date, it is sufficient to author- 
 ize the presumption that it was a report made by the 
 association under Section 5211. 
 
 District Judge Sanborn, in United States vs. Corbett, 
 162 Federal, 687, held that an indictment which charged 
 as officer of a bank with making a false entry in a report 
 made by him, "with intent to deceive an agent appoint- 
 ed to examine the affairs of the association, to wit, the 
 Comptroller of the Currency of the United States," did 
 not charge as offense; holding that the Comptroller was 
 not charged with the duty to examine national banks. 
 Without accepting this doctrine as the law, it is suggest- 
 ed that in the drafting of indictments under this portion 
 of the statute, the allegation should be made that the 
 intent was to deceive an agent appointed to examine the 
 affairs of the association, to wit, a national bank ex- 
 aminer. 
 
 In United States vs. Morse, 161 Federal, 429, the 
 Court held that the word "entry" in the statute means 
 "any item in an account." In United States vs. Wilson, 
 176 Federal, 806, District Judge Sheppard held that the 
 intent to deceive may be inferred from the making of 
 flic entry, and such false entry may be made either per- 
 sonallv, or bv direction. In Morse vs. United States, 174 
 Federal, 539, the Circuit Court of Appeals for the Second 
 Circuit affirmed the doctrine that false entries may be 
 made by direction. In other words the defendant, in 
 that case did not make the entries with his own pen. 
 All of them were made by the employees of the company, 
 as a part of their routine work. The Court held that it 
 was wholly immaterial whether such officer acts through 
 a pen or a check controlled by him. 
 
 § 378a. False Entries and False Reports Continued. 
 — One is guilty under this section for causing or pro- 
 curing the making of false entries. Richardson vs. U. 
 S., 181 Federal, 1. The concealment of facts necessary 
 to enable the bookkeeper to make entries would not be 
 a false entry by the officer so concealing. U. S. vs. Mc- 
 Clarty, 191 Federal, 532. 
 
 False reports made by a clerk under the direction of
 
 606 Federal Criminal Law Procedure. 
 
 one of the persons mentioned in the statute is the same 
 as though such person himself made the false report. 
 Kettenbach vs. U. S., 202 Federal, 377. 
 
 § 378b. Admission of Books. — The books of the na- 
 tional bank in which the offense is charged to have oc- 
 curred are always admissable without proof that they 
 were correctly kept. In other words, they are admitted 
 in evidence after proof that they are such books. When, 
 however, books of a bank not involved in the prosecu- 
 tion are sought to be introduced there must first be the 
 proof that they were correctly kept, etc. Phillips vs. 
 U. S., 201 Federal, 260. 
 
 § 379. Other Cases.— In United States vs. Morse, 161 
 Federal, 429, the Court held that the subsequent return 
 of the money was no defense to a prosecution for misap- 
 plication, such fact being only evidence to negative the 
 officer's intent to defraud at the time of the alleged of- 
 fense, and thus testimony could be introduced for jury 
 purposes. In United States vs. Hillegass, 176 Federal, 
 444, will be found a copy of indictment for aiding and 
 abetting under this statute. See also Brown vs. United 
 States, a prosecution for aiding and abetting, 142 Fed- 
 eral, page 2. In Walsh vs. United States, 174 Federal, 
 621, the defendant was convicted, and his conviction was 
 affirmed while he was on bond. After the affirmance, 
 the United States filed a motion to have him appear and 
 show cause why his bail should not be set aside. The 
 Court refused the petition, on the ground that no un- 
 usual reason was shown why he was not likely to remain 
 within the jurisdiction pending a motion for re-hearing 
 which he had made. In Walsh vs. United States, 174 
 Federal, 615, the Court held that it was misapplication 
 for an officer of a national bank, who is ajso a promoter 
 of various enterprises, to obtain the funds of the bank 
 on the security of unmarketable bonds of his own enter- 
 prises at the risk of the interests of the bank. In that 
 case, it was also determined on the same writ of error 
 that a juror on a criminal case cannot afterwards im- 
 peach a verdict in which he joined. 
 
 In Woods vs. United States, 174 Federal, 651, the Cir-
 
 National Banks. 607 
 
 cuit Court of Appeals for the Fifth Circuit affirmed the 
 well-established doctrine in a bank case applicable in 
 all Federal criminal cases, that a general verdict and 
 judgment on an indictment containing several counts, 
 cannot be reversed on error, if one of the counts is good 
 and warrants the judgment. 
 
 It has been held, of course, that a conspiracy to violate 
 this section is indictable under Section 5440 of the old 
 Code, Scott vs. United States, 130 Federal, 429. 
 
 For a definition of "moneys, funds, and credits," see 
 United States vs. Smith, 152 Federal, 542 which holds, , 
 in substance that the word "moneys" refers to the cur- 
 rency or circulating medium of the country; the word 
 "funds" refers to Government, State, county, munici- 
 pal, or other bonds, and to other forms of obligations and 
 securities in which investments may be made; and the 
 word "credits" refers to notes and bills payable to the 
 bank, and other forms of direct promises to pay money 
 to it. 
 
 In Thompson vs. United States, 159 Federal, 801, the 
 Circuit Court of Appeals for the First Circuit approves 
 an indictment against a cashier, which charged that that 
 officer unlawfully "converted" certain moneys, funds, 
 and credits to the use of another. The Court said : 
 
 "The word 'convert' has such force at Common Law that when used 
 in an indictment with a statement as to whose use the conversion was 
 made, it needs no amplification, any more than the word 'embezzle' 
 or the words 'take, steal, and carry away' (citing the Jewett case, 
 100 Federal, 832). It is true that the word 'convert' is also awkward 
 in the place where we find it here, but no objection was attempted 
 on that ground, and its use, as used here, has been accepted by the 
 Supreme Court in a like connection for the same purpose, Coffin vs. 
 United States, 156 U. S., 432, 39 Law Ed., 481; same case, 162 U. S., 
 666, 40 Law Ed., 1109. The word 'convert' under the circumstances, 
 must be accepted as intending exactly the same thing as when spoken 
 in connection with the use of the person who was guilty of the con- 
 version." 
 
 In the case of United States vs. Steinman, 172 Federal, 
 913, the Circuit Court of Appeals for the Third Circuit 
 held that wilful misapplication of the funds of a national 
 bank, in order to constitute an offense under this section, 
 
 t
 
 7 
 
 608 Federal Criminal Law Procedure. 
 
 must be a wilful misapplication, for the use or benefit 
 of the accused, or of some person or company other 
 ' than the banking association, with intent to injure and 
 entirely different from facts constituting unofficial mal- 
 administration, subjecting the bank to a forfeiture of 
 its charter, and an unintentional overdraft by a deposit- 
 or in good standing and possessing ample means to pay, 
 or an overdraft to be paid pursuant to a prior agreement, 
 resting on abundant credit, does not constitute misap- 
 plication. 
 
 In that case also, there was a count for aiding and 
 abetting, and the Court held that in a prosecution for 
 aiding and abetting the officers of a national bank to 
 wilfully abstract the funds of the bank, by means of 
 certain overdrafts, evidence that prior to the making of 
 such overdrafts, it was agreed that the bank should 
 furnish funds for the operations of certain corporations, 
 in which the accused and the bank's president and cash- 
 ier were officers, and that from time to time notes should 
 be given by such corporations to take up the overdrafts, 
 and that at the time of the advances the value of the 
 corporation's property was more than three hundred 
 thousand dollars, while the overdrafts aggregated only 
 thirty thousand dollars, was admissible to show absence 
 of criminal intent. 
 
 Sec. 379 a. Federal Reserve Banks Statute Contin- 
 ued. 
 
 The elaboration and enlargement of sections 5208 and 
 5209 loses entirely the words National Banking Associa- 
 tion and substitutes the words "member bank" and Fed- 
 eral reserve bank, etc., 
 
 A member bank is any National Bank because every 
 national bank under the Federal reserve Act musf be- 
 come a member bank or lose its charter. Arry_^ta^bank 
 may become a member bank see Arts. 9284-9308, 1919 
 
 •* 7 
 
 Barnes Federal Code. 
 
 Indictments should carefully include a sufficient dis- 
 tinction to show the federal jurisdiction. 
 
 Sec. 379 b. Limit of Liability to be Incurred bv an 
 Individual.
 
 National Banks. 609 
 
 Since section 5200 of the old statute is often valuable 
 for both the defense and prosecution in a criminal case 
 under 5208 and 5209 as amended, the new 5200, as amend- 
 ed in 1906, and 1918, is given as follows: — 
 
 "The total liabilities to any association, of any person, or of any 
 company, corporation, or firm for money borrowed, including in the 
 liabilities of a company or firm the liabilities of the several mem- 
 bers thereof, shall at no time exceed 10 per centum of the amount 
 of the capital stock of such association, actually paid in and unim- 
 paired, and 10 per centum of its unimpaired surplus fund: Pro- 
 vided, however, That (1) the discount of bills of exchange drawn 
 in good faith against actually existing values, (2) the discount of 
 commercial or business paper actually owned by the person, compa- 
 ny, corporation, or firm, negotiating the same, and (3) the purchase 
 or discount of any note or notes secured by not less than a like 
 face amount of bonds of the United States issued since April 24, 
 1917, or certificates of indebtedness of the United States, shall not 
 be considered as money borrowed within the meaning of this sec- 
 tion; but the total liabilities to any association, of any person or 
 of any company, corporation, or firm, upon any note or notes pur- 
 chased or discounted by such association and secured l\y such bonds 
 or certificates of indebtedness, shall not exceed (except to the ex- 
 tent permitted by rules and regulations prescribed by the Comp- 
 troller of the Currency, with the approval of the Secretary of the 
 Treasury) 10 per centum of such capital stock and surplus fund of 
 such association." 
 
 39
 
 CHAPTER XIX. 
 
 BANKRUPTCY. 
 
 $ 380. Section 29 of the Act. 
 
 381. Other Offenses of the Section. 
 
 382. Illustrative Cases and Decisions. 
 382a. Decisions Continued. 
 
 383. Failure to Pay Over Money. 
 
 § 380. The National Bankrupt Act, passed in 1898, 
 in answer to a universal demand, and under the authority 
 of the Constitution, has been amended twice by Congress 
 in matters that do not relate to its criminal sections. 
 Original Section 29 of the Bankrupt Act, which is the 
 law today with reference to offenses against that Act, 
 reads as follows: 
 
 "Sec. 29a. A person shall be punished, by imprisonment for a 
 period not to exceed five years, upon conviction of the offense of hav- 
 ing knowingly and fraudulently appropriated to his own use, em- 
 bezzled, spent, or unlawfully transferred any property or secreted or 
 destroyed any document belonging to a bankrupt estate which came 
 into his charge as trustee. 
 
 u b. A person shall be punished, by imprisonment for a period 
 not to exceed two years, upon conviction of the offense of having 
 knowingly and fraudulently (1) concealed while a bankrupt, or after 
 his discharge, from his trustee any of the property belonging to his 
 estate in bankruptcy; or (2) made a false oath or account in, or in 
 relation to, any proceeding in bankruptcy; (3) presented under oath 
 any false claim for proof against the estate of a bankrupt, or used 
 any such claim in composition personally or by agent, proxy, or at- 
 torney, or an agent, proxy, or attorney; or (4) received any material 
 amount of property from a bankrupt after the filing of the petition, 
 with intent to defeat this act; or (5) extorted or attempted to ex- 
 tort any money or property from any person as a consideration for 
 acting or forbearing to act in bankruptcy proceedings. 
 
 "c. A person shall be punished by fine, not to exceed five hundred 
 dollars, and forfeit his office, and the same shall thereupon become 
 vacant, upon conviction of the offense of having knowingly (1) acted 
 as a referee in a case in which he is directly or indirectly interested; 
 or (2) purchased, while a referee, directly or indirectly, any prop- 
 erty of the estate in bankruptcy of which he is referee; or (3) re- 
 fused, while a referee or trustee, to permit a reasonable opportunity 
 for the inspection of the accounts relating to the affairs of, and the 
 
 (610)
 
 Bankruptcy. 611 
 
 papers and records of, estates in his charge by parties in interest 
 when directed by the court so to do. 
 
 "(Z. A person shall not be prosecuted for any offense arising under 
 this act unless the indictment is found or the information is filed in 
 court within one year after the commission of the offense." 
 
 Section a of the Act relates alone and exclusively to 
 punishment of the trustee for having knowingly and 
 fraudulently appropriated to his own use, embezzled, or 
 spent, or transferred, or secreted, or destroyed any of the 
 property, or any document belonging to an estate which 
 he administers as such officer of the Court. 
 
 A satisfactory indictment under this secttion must 
 necessarily allege an adjudication, the time and date 
 of the appointment of the trustee, and his qualification, 
 and then set out specifically the property he is charged 
 to have converted, destroyed, or transferred, as fully and 
 specifically as if the offense was for larceny, with the 
 exception that consent of the bankrupt is unnecessary, 
 for the reason that the title vests in the trustee under 
 the statute. The section includes not only an appropria- 
 tion to the trustee's own use, but an unlawful transfer 
 of the property for the use of another. It is true the 
 word "unlawfully' as used with reference to the trans- 
 fer would perhaps include some sort of a gain or motive 
 beneficial, or supposedly beneficial, to the trustees. If, 
 however, the proof showed a reckless disregard of his 
 obligations and duties as trustee, in the way of wilful 
 destruction or secretion of the property or documents 
 of the estate, manifestly for the purpose of defeating a 
 proper administration of the trust, a case would be made 
 out under this section. 
 
 § 381. Other Offenses of the Section. — Paragraphs 1, 
 2, and 5, of sub-division b of Section 29, relate to offenses 
 committed by the bankrupt. Paraghaph 2, 3, 4, and 5 
 of subdivision b of Section 29, create offenses that may 
 be committed by persons who are not bankrupts. Sec- 
 tion c of subdivision b of Section 29 relates to offenses 
 by the referee in bankruptcy, and sub-division d of the 
 section creates a particular statute of limitation for all 
 the bankrupt offenses described in the entire section, to
 
 612 Fedeeal Ceiminal Law Peoceduee. 
 
 wit, that the indictment must be found, or the informa- 
 tion filed, within one year. 
 
 § 382. Decisions. — An indictment in the terms of the 
 section, which charges the knowing and fraudulent con- 
 cealment, while a bankrupt, or after his discharge, from 
 his trustee, of any of the property belonging to his estate 
 in bankruptcy, sets forth the elements of the offense, and 
 is sufficient. United States vs. Comstock, 161 Federal, 
 644. It is not necessary to allege in the indictment that 
 the bankrupt, at the time of the concealing of his prop- 
 erty, knew either the fact that a trustee had been ap- 
 pointed for his estate, or the name of such trustee, 
 United States vs. Comstock, 161 Federal, 644. 
 
 The word "conceal" as used in the section, is of plain 
 import, and when coupled in an indictment with the 
 words "unlawful, knowingly, and fraudulently," clearly 
 excludes unintentional acts, United States vs. Comstock, 
 161 Federal, 644. The offense of concealing property, 
 by a bankrupt, form his trustee, consists of a continuous 
 concealment of the property from the trustee during the 
 whole course of the bankruptcy proceedings, or beyond, 
 and is, therefore, not necessarily consummated by an 
 omission of the property from the schedules, Johnson vs. 
 United States, 163 Federal, 30. 
 
 In an indictment against a bankrupt and others for a 
 conspiracy to conceal assets of the estate from his trus- 
 tee in bankruptcy, an averment that the trustee was 
 "duly" appointed trustee is sufficient; the matter of 
 appointment being an incidental matter only, and not 
 a vital element of the crime. 
 
 In United States vs. Lake, 129 Federal, 499, Judge 
 Treber held, on demurrer, that an indictment against 
 the president of a bankrupt corporation, for making a 
 false oath to its schedules, which showed that the defend- 
 ant, as its president, in compliance with the bankrupt 
 law, did file in the bankruptcy proceedings, with the ref- 
 eree, the schedules required by law, subscribed and 
 sworn to him, as president; that the defendant stated 
 on his oath that such schedules contained a true and 
 complete statement of all the corporation's property;
 
 Bankruptcy. 613 
 
 and that the statement that the bankrupt corporation 
 had then on hand onlv the sum of a hundred dollars, 
 which was all the money the corporation then and there 
 had — was false, such an indictment followed the strict 
 language of the Act, and sufficiently showed the ma- 
 teriality of the false statement, without the express aver- 
 ment thereof. 
 
 An indictment for conspiracy to fraudulently conceal, 
 etc., property from a trustee, is not insufficient because 
 it charges that the property was removed and concealed 
 prior to the bankruptcy, where it also avers that the con- 
 cealment was continued after the bankruptcy, and after 
 the appointment of the trustee, and that the property 
 was not scheduled by the bankrupt. 
 
 A charge of conspiracy to conceal, etc., may be sup- 
 ported by evidence that the property was sold under a 
 chattel mortgage, given by the bankrupt prior to the 
 bankruptcy, where it is shown that such mortgage and 
 sale were merely colorable and that the property in fact 
 remained that of the bankrupt. In United States vs. 
 Grodson, 164 Federal, 157, the Cohen case is affirmed, 
 but Judge Sanborn holds that an indictment charging 
 a conspiracy to sell, etc., where it shows that the con- 
 spiracy was formed and the property removed and con- 
 cealed, prior to the bankruptcy, but does not aver that it 
 was in contemplation of bankruptcy, or that any overt 
 act was committed after the bankruptcy, although it 
 charges a further conspiracy thereafter to continue the 
 concealment, is insufficient. The officer of a bankrupt 
 corporation, who is not, and has not been, a bankrupt, 
 is not liable under this section for having frauduently 
 and knowingly concealed the property of the estate of 
 the corporation in bankruptcy from its trustee. The 
 present or past bankruptcy of the accused is an indis- 
 pensable element of the offense denounced by the statute. 
 A penal statute which creates and denounces a new of- 
 fense, must be strictly construed. Where it is plain 
 and unambiguous, the courts may not lawfully extend 
 it by interpretation, to a class of persons who are ex- 
 cluded from its effect by its terms, for the reason that
 
 614 Federal Criminal Law Procedure. 
 
 their acts may be as mischievous as those of the class 
 whose deed it denounces, Circuit Court of Appeals for the 
 Eighth Circuit in Field vs. United States, 137 Federal, 
 page 6. 
 
 To the same effect is United States vs. Lake, 129 Fed- 
 eral, 499, where it was held that paragraph b of the Act, 
 providing that a person shall be punished on conviction 
 for having knowingly and fraudulently concealed, while 
 a bankrupt, or after his discharge, from his trustees, 
 any of the property belonging to his estate in bank- 
 ruptcy, must be strictly construed, and does not include 
 officers of a corporation declared a bankrupt. A bank- 
 rupt corporation may commit the criminal offense of 
 knowingly and fraudulently concealing its property from 
 its trustee, denned and made punishable by the Act, and 
 individuals who conspire to cause a corporation to com- 
 mit such offense are indictable under old Section 5440, 
 and it is immaterial that the corporation is not, or can- 
 not be, indicted as one of the conspirators, Circuit Court 
 of Appeals for the Second Circuit, in Cohen vs. United 
 States, 157 Federal, 651. 
 
 From the above decisions, will be drawn this line of 
 law to wit: 
 
 First, that an officer of a bankrupt corporation cannot 
 be indicted for concealing the property of the bankrupt 
 from the trustees, because he, the officer, is not the bank- 
 rupt. 
 
 Second, The bankrupt corporation may be indicted for 
 concealing its property from the trustee. 
 
 Third, Individuals who conspire to conceal the prop- 
 erty of a bankrupt corporation may be indicted for an 
 offense under the general conspiracy statute, which was 
 old Section 5440, as amended. 
 
 The case of Johnson vs. United States, 170 Federal, 
 581, by the Circuit Court of Appeals for the First Cir- 
 cuit, permits the trustee in bankruptcy to testify that he 
 had never learned from the bankrupt that there was 
 pro])erty belonging to the bankrupt stored in the places 
 where the goods covered by the indictment were found, 
 and that the trustee himself found the goods in question, 
 apparently without the assistance of the bankrupt, even
 
 Bankruptcy. 615 
 
 though such testimony was objected to on the ground 
 that it was an attempt to disclose the bankrupt's testi- 
 mony before the referee. The decision distinguishes the 
 cases of Jacobs vs. United States, 161 Federal, 694, 
 and Johnson vs. United States, 163 Federal, page 30, 
 which two cases those respective Courts held to be in- 
 direct methods of introducing the bankrupt's schedule 
 of assets and liabilities against him in criminal cases; 
 the Johnson and Jacobs cases holding that this cannot be 
 done, of course, directly or indirectly. 
 
 The .Circuit Court of Appeals for the First Circuit, in 
 Kerrch vs. United States, 171 Federal, 366, held that on 
 the trial of an involuntary bankrupt for conspiracy to 
 conceal property from its trustees, it was not error to 
 admit in evidence, over the defendant's objection and 
 claim of privilege his books of account, which had been 
 taken possession of by a receiver appointed by the bank- 
 ruptcy court. 
 
 In Wechsler vs. United States, 158 Federal, 579, the 
 Circuit Court of Appeals for the Second Circuit held that 
 Section 7 of the Bankrupt Act, which requires the bank- 
 rupt to submit to an examination under oath as to vari- 
 ous matters specified, with the proviso that "no testi- 
 mony given by him shall be offered in evidence against 
 him in any criminal proceeding, ' ' does not give immunity 
 from prosecution for giving false testimony upon any 
 such examination. That case further holds that if there 
 be false testimony upon such examination, it may be 
 prosecuted under the old perjury statute, which was old 
 Section 5392, or under the bankrupt statute, now being 
 considered, for making a false oath. See also United 
 States vs. Bartlett, for perjury in schedules, 106 Federal, 
 page 884; and for other cases bearing upon this section 
 United States vs. Owen, 32 Federal, 534; United States 
 vs. Bozer, 4 Dillion, 407; also cases in 5 Federal, 681, 
 and 7 Federal, 715; United States vs. Jackson, 2 Federal, 
 502; United States vs. Bayer, 4 Dillon, 407, Federal Case 
 No. 14547; United States vs. Houghton, 14 Federal, 544. 
 In Johnson vs. United States, 158 Federal, page 69, 
 the Circuit Court of Appeals for the Fifth Circuit re- 
 versed a judgment of conviction and dismissed the in-
 
 616 Federal Criminal Law Procedure. 
 
 dictrnent and discharged the defendant under an indict- 
 ment which charged a conspiracy under old Section 5440, 
 to conceal property from the trustee, where the indict- 
 ment alleged that the conspirators were the trustee, the 
 bankrupt, and a third party; the bankrupt and the third 
 party having been convicted. The Court of Appeals 
 dismissed the indictment, and discharged the trustee, 
 holding that the trustee could not conspire to conceal 
 from himself. A consideration of this opinion is ad- 
 vised, together with the reasoning in Cohen vs. United 
 States, 157 Federal, 651, where the Court of Appeals for 
 the Second Circuit held that in a conspiracy prosecution, 
 it was immaterial that the corporation is not, or can- 
 not be, indicted as one of the conspirators; also with the 
 case of 3 Howell's State Trials, 402, where a husband 
 was convicted for conspiring to rape his own wife, even 
 though he himself could not commit such rape. 
 
 § 382a. Decisions Continued. — Perjury may be assign- 
 ed for swearing falsely on the examination provided for 
 by the statute. Daniels vs. U. S., 196 U. S., 459. Indict- 
 ment for concealing must be brought within one year 
 from the date of actual concealment. U. S. vs. Philips, 
 196 Federal, 574; also upon the question of limitation 
 see Warren vs. United States., 199 Federal, 753. Bank- 
 rupt is entitled to the presumption of innocence upon 
 charge of concealment. Chadkowski vs. U. S., 194 Fed- 
 eral, 858. Indictment will lie for concealing an interest 
 in property. Leders vs. U. S., 210 Federal, 419. For 
 making false oath and proof thereof, see Kavoloff vs. 
 U. S., 202 Federal, 475; Kahn vs. U. S., 214 Federal, 
 54. It is not necessary to allege the appointment of a 
 trustee in an indictment charging a conspiracy to con- 
 ceal. Steigman vs. U. S., 220 Federal, 63. For cases 
 charging conspiracy to conceal assets from trustee see 
 Radin vs. U. S., 189 Federal, 568. Roukous vs. U. S., 
 195 Federal, 353. A corporation may be one of the con- 
 spirators, Ronkous vs. U. S., 195 Federal, 353. One who 
 is not a bankrupt may conspire to conceal, provided 
 there is included in the conspiracy the bankrupt. Kauf- 
 man vs. U. S., 212 Federal, 613. Perjury cannot be as- 
 signed on an examination of the bankrupt where such
 
 Bankruptcy. 617 
 
 examination was ex parte and when there was no issue. 
 U. S. vs. Rhodes, 212 Federal, 518. The constitutional 
 provision that no man shall be compelled to be a witness 
 against himself is applicable to bankrupt and entitles 
 him to refuse not only to give oral testimony, but to 
 produce books and papers which will tend to incriminate 
 him. U. S. vs. Rhodes, 212 Federal, 518, which case will 
 have to be circumspectly read in order to give very 
 much weight to it in view of the decision of the Supreme 
 Court in re Harris, 221 IT. S., 274, where it was held 
 that the right under the Fifth Amendment not to be com- 
 pelled to be a witness against one's self is not a right 
 to appropriate property that may tell one's story and 
 that a bankrupt is not deprived of his constitutional 
 right not to testify against himself by an order requir- 
 ing him to surrender his books to the duly authorized 
 receiver. The decision distinguishes the case of Counsel- 
 man vs. Hitchcock, 142 U. S., 547, which seemed to 
 announce a somewhat broader doctrine in favor of the 
 constitutional guaranty than does the Harris case. A 
 conspiracy to conceal assets must include the bankrupt 
 in the conspiracy in order to be against the law. Nem- 
 cof vs. U. S., 202 Federal, 911; U. S. vs. Rhodes, 212 
 Federal, 513. 
 
 Sec. 382 b. Decisions Continued. 
 
 A partner may be convicted for concealing though 
 only the "partnership" was adjudicated, Cannetto vs. 
 U. S., 275 F. 42, Malvin vs. U. S., 252 F. 449. 
 
 For a definition of concealment and the necessity to 
 prosecute where the concealment actually took place, see 
 Gretsch vs. U. S., 231 F. 57. 
 
 Whether it was a voluntary on an involuntary adjudi- 
 cation is immaterial — different kind of property and dif- 
 ferent modes of concealment do not render the indict- 
 ment duplicitous, Tugendhaft vs. U. S., 263 F. 562. 
 
 For extortion bv attorney see U. S. vs. Dunkley, 235 
 F. 1000. 
 
 For conspiracv charges and indictment see Frankfurt 
 vs. U. S., 231 F. 903; Friedman vs. U. S., 236 F. 816; Kno- 
 ell vs. U. S., 239 F. 16; 238 U. S. 78.
 
 618 Federal Criminal Law Procedure. 
 
 The officers of a corporation may be convicted for con- 
 cealing under this statute, Wolf vs. U. S., 238 F. 903. 
 
 Proof of the appointment of a trustee may be made by 
 parol and a failure to give bond is no defense to the crim- 
 inal, Sharf sin vs. U. S., 265 F. 916. 
 
 Evidence given by a bankrupt may not be used against 
 him in a criminal case but objection must be made to its 
 use, Bain vs. U. S., 262 F. 664. 
 
 § 383. Failure to Pay over Money. — From the power 
 of a court of equity, administering the Bankrupt Statute, 
 to require the bankrupt to pay over money or other prop- 
 erty shown clearly to be in his possession, or go to jail for 
 contempt, has arisen what may be termed another crim- 
 inal feature of the law. One of the earliest cases under 
 this power of the statute is in re Purvine, 96 Federal, 192 
 wherein a commitment to the Dallas County Jail, by Dis- 
 trict Judge Meek, of the bankrupt for failure to pay over 
 certain funds shown to be in the possession of the bank- 
 rupt, was affirmed by the Circuit Court of Appeals for the 
 Fifth Circuit. In that opinion, the Court says: 
 
 "If the court of bankruptcy is powerless in this respect, persons, 
 by becoming bankrupts, obtain an immunity not allowable in any 
 other court of equal dignity, either Federal or State, in this country." 
 
 A similar jurisdiction was invoked under the Act of 1867. 
 In in re Mize et al, 172 Federal, 945, District Judge 
 Grubb maintains the same power, and cities a number of 
 similar decisions, and holds: 
 
 "The courts have been very careful not to permit contempt pro- 
 ceedings to be converted into a means of coercing payment of debts 
 from funds other than assets wrongfully withheld by the bankrupt, 
 and for this reason, have required the clearest evidence that the 
 bankrupt had the assets in his possession, and the present ability 
 to turn them over to the trustee, as directed by the order." 
 
 See also Clay vs. Waters, 178 Federal, 385, and in re 
 Marks, 176 Federal, 1018, where it was held that a bank- 
 rupt should not be committed for contempt for a failure 
 to comply with an order requiring him to turn over 
 money to his trustee, alleged to have withheld, where the 
 Court is convinced that the bankrupt is without physical 
 ability to comply; citing also 171 Federal 281.
 
 CHAPTER XX. 
 
 FOOD AND DRUGS. 
 
 § 384. Act of June 13, 1906, Generally. 
 
 385. Criminal Sections. 
 
 385a. Amendment Allowing Variations. 
 385b. Criminal Practice Under. 
 
 386. Decisions. 
 
 386a. Decisions Continued. 
 
 386b. Misbranded Under New Amendment. 
 
 387. Importation of Opium. 
 387a. Additional Opium Statutes. 
 387b. These Statutes Constitutional. 
 387bb. Opinions Decisions. 
 
 § 384. The Act of June 30, 1906, 34 Stat. L., 768, is 
 what is known as the Pure Food Act. This statute con- 
 tains thirteen sections, the first two of which create crim- 
 inal offenses. The third provides for rules and regula- 
 tions by the Secretary of the Treasury, the Secretary of 
 Agriculture, and the Secretary of Commerce and Labor. 
 The fourth provides for certain chemical examinations, 
 hearings, etc. The fifth provides for legal proceedings 
 by the District Attorney. The sixth defines drags 
 and food. The seventh defines adulterations, etc. 
 The eighth defines misbranding, etc. The ninth 
 relates to a guaranty by the manufacturer. The tenth 
 fixes a method for seizure of original packages. The 
 eleventh provides for an examination of imported foods 
 and drugs. And the twelfth includes the insular posses- 
 sions, and defines "person." 
 
 § 385. Criminal Sections. — The first two sections are, 
 therefore, of interest to us here. The first section pro- 
 vides that it shall be unlawful for any person to manu- 
 facture, within any Territory, or the District of Columbia, 
 any article of food, or drugs, which is adulterated or mis- 
 branded, within the meaning of the Act, and fixes a penal- 
 ty of a fine not to exceed five hundred dollars, or one 
 year's imprisonment, or both such fine and imprisonment, 
 the second section is more comprehensive, because it ap- 
 plies to all interstate commerce, and reads as follows: 
 
 (619)
 
 620 Federal Criminal Law Procedure. 
 
 "Sec. 2. That the introduction into any State or Territory or the 
 District of Columbia from any other State or Territory, or the Dis- 
 trict of Columbia, or from any foreign country, or shipment to any 
 foreign country of any article of food or drugs which is adulterated 
 or misbranded, within the meaning of this Act, is hereby prohibited; 
 and any person who shall ship or deliver for shipment from any 
 State or Territory or the District of Columbia to any other State or 
 Territory or the District of Columbia, or to a foreign country; or 
 who shall receive in any State or Territory or the District of Columbia 
 from any other State or Territory or the District of Columbia, or 
 foreign country, and having so received, shall deliver, in original un- 
 broken packages, for pay or otherwise, or offer to deliver to any other 
 person, any such article so adultered or misbranded within the mean- 
 ing of this Act, or any person who shall sell or ofier ror sale in the 
 District of Columbia or the Territories of the United States any such 
 adulterated or misbranded foods or drugs, or export or offer to export 
 the same to any foreign country, shall be guilty of a misdemeanor, and 
 for such offense be fined not exceeding two hundred dollars for the 
 first offense, and upon conviction for each subsequent offense not ex- 
 ceeding three hundred dollars or be imprisoned not exceeding one 
 year, or both, in the discretion of the court. Provided, That no article 
 shall be deemed misbranded or adulterated within the provisions of 
 this Act when intended for export to any foreign country and prepared 
 or packed according to the specifications or directions of the foreign 
 purchaser when no substance is used in the preparation or packing 
 thereof in conflict with the laws of the foreign country to which said 
 article is intended to be shipped; but if said article shall be in fact 
 sold or offered for sale for domestic use or consumption, then this 
 proviso shall not exempt article from the operation of any of the 
 other provisions of this Act." 
 
 § 385a. Amendment Allowing Variations. — The Act 
 of March 3, 1913, allows for variations in weight, measure 
 and amount in small packages. 
 
 The breaking of Government seals on interstate ship- 
 ments under this statute relates to all persons. U. S. vs. 
 Lewis, U. S. Supreme Court, Oct. Term, 1914. 
 
 § 385b. Criminal Practice Under. — It is not a condi- 
 tion precedent to prosecution that a hearing be had by the 
 Department of Agriculture, U. S. vs. Morgan, 222 U. S., 
 274. The Secretary of Agriculture, after an investigation 
 of an alleged violation, should certify to the District At- 
 torney in whose district prosecution for the offense should 
 be had. U. S. vs. Hopkins, 199 Federal, 649. 
 
 While the statute provides that proceedings for the 
 seizure of goods under the same shall be by libel and con-
 
 Foods and Drugs. 621 
 
 form as near as may be to proceedings in admiralty, such 
 proceeding does not include appellate proceedings, since 
 the action of the District Court on a libel can only be re- 
 viewed as at common law by writ of error and not by ap- 
 peal. Four Hundred, etc., vs. U. S., 226 U. S., 173, re- 
 versing U. S. vs. Four Hundred, etc., 193 Federal, 589. 
 A writ of error may not be prosecuted when the only 
 question involved is the costs of the original proceeding. 
 Charles vs. U. S., 183 Federal, 566. The prosecution may 
 be by information for the first offense. U. S. vs. Wells, 
 186 Federal, 248. 
 
 Since the crime denounced by statute is the shipping 
 or delivering for shipment rather than the introduction, 
 though of course the shipment must be interstate, the 
 venue for the prosecution is at the point of shipment or 
 offering for shipment rather than at the point of introduc- 
 tion. U. S. vs. Hopkins, 199 Federal, 649, and a corpora- 
 tion cannot compel the Government to bring its action in 
 the district in which the corporation is a resident. U. S. 
 vs. Hopkins, 199 Federal, 649. The preliminary exami- 
 nation provided for in the law is not necessary before 
 criminal prosecution, nor is it necessary to allege in the 
 indictment that there was a preliminary examination. U. 
 S. vs. Morgan, 222 U. S., page 274; Schraubstadter vs. U. 
 S., 199 Federal, 568. 
 
 § 386. Decisions. — In in re Wilson, 168 Federal, 566, 
 District Judge Brown held that syrup, 10 per cent of 
 which is made from maple sugar and 90 per cent from 
 white sugar, put up in bottles having thereon labels con- 
 taining the name ' ' Gold Leaf Syrup, ' ' with a trade-mark 
 consisting of a gold leaf in the form of maple leaf, and 
 stalks of sugar cane, and the words ' ' composed of maple 
 and white sugar" in plain and distinct letters, with the 
 name of the maker, cannot be said to be misbranded, 
 so that its shipment in interstate commerce constitutes 
 a misdemeanor under this Act. 
 
 There seems to have been some trend toward including 
 within the spirit of the statute such articles of food and 
 drugs as may claim more, in an advertising way, than can 
 actually be done; but the purpose of the statute was to 
 rid the streams of commerce of deleterious and poisonous
 
 622 Federal Criminal Law Procedure. 
 
 food and drugs. That is the spirit of the statute, the evil 
 that prompted its passage ; and a construction of the stat- 
 ute that would run from the market food and drugs that 
 may be advertised in a high-sounding way, but which 
 are not in any sense injurious to the health of the people, 
 would be unjustified. There is a distinction between the 
 enforcement of law and the abuse of law. 
 
 Under the authority of the United States vs. Maufield, 
 177 Federal, 765, the officers of a corporation which man- 
 ufactured a food product, shipped by its manager in in- 
 terstate commerce, and which was adulterated or mis- 
 branded, are subject to prosecution under the Act, where 
 they employed the manager and authorized him to oper- 
 ate the plant and sell the product without restriction, and 
 the previous course of business had been to ship on orders 
 to other states. 
 
 That case also determined that the provision of the 
 Act, Section 9, that no dealer shall be prosecuted there- 
 under for shipping in interstate commerce any adulter- 
 ated or misbranded article of food or drugs, when he can 
 establish a guaranty signed by the manufacturer, that 
 such article is not adulterated or misbranded, is not avail- 
 able to a dealer only when such guaranty relates to the 
 indentical article shipped by him, and affords no defense 
 to him where it relates only to a constituent used by him 
 in manufacturing the articles shipped. 
 
 In United States vs. 779 Cases of Molasses, the Circuit 
 Court of Appeals for the Eighth Circuit, in 174 Federal 
 325, held that an article of food put up and sold in cases 
 bearing labels describing the contents as a particular 
 brand of molasses, but plainly stating, in three separate 
 places, that the product is a compound of molasses and 
 corn syrup, and also containing all the other information 
 required by the Act and the regulations thereunder, and 
 which article is in fact a compound of molasses and com- 
 mercial glucose, is not adulterated or misbranded, within 
 the meaning of the Act, it being shown that it contains 
 nothing deleterious to health. 
 
 To the same effect is United States vs. Boeckmann, 176 
 Federal, 382, where it was held that a food product, la- 
 beled "Compound; pure comb and strained honey and
 
 Foods and Drugs. 6'2 
 
 Q 
 
 corn syrup," is not misbranded, within the meaning of 
 this Act, merely because the percentage of corn syrup 
 in the compound largely exceeds that of honey. So, also, 
 in the case of United States vs. 68 Cases of Syrup, 172 
 Federal, 781, it was held that all of the label will be con- 
 strued together, and that construing all the words of 
 the bottle labels together, the same meaning was intended 
 as in the labels on the cases, namely, that the bottles and 
 the boxes contained blended maple syrup. That case con- 
 tinues to hold that the Act provides that an article which 
 does not contain any added poisonous or deleterious 
 ingredients, shall not be adulterated or misbranded, if 
 labeled so as to plainly indicate that it is a compound 
 imitation or blend, and the word "blend" is plainly 
 stated on the package, which term shall be construed to 
 mean a mixture of like substances, not excluding harm- 
 less coloring or flavoring ingredients, used for coloring- 
 purposes only. 
 
 The term "offal," under the authority of United States 
 vs. 650 Cases of Tomato Catsup, 166 Federal, 773, does 
 not have an exact legal signification to make it equivalent 
 to "filthy, decomposed, or putrid vegetable substance," 
 as used in the Act, and, therefore, that a libel containing 
 that term was insufficient, it being essential that the 
 label shall set forth branding and facts inconsistent with 
 the Act. The Court held, in United States vs. 50 Barrels 
 of Whiskey, that it was no defense to proceedings under 
 this Act that the brand was placed upon the packages con- 
 taining such liquor by the United States gauger, upon 
 information received from the distiller, in accordance 
 with the usual practice, or that the same kind of liquor 
 had, for a number of years, been so branded and sold 
 under such brand, to the knowledge of the agents and 
 officers of the United States. 
 
 This, of course, is a statement of the well established 
 rule that sovereignty cannot be bound by the omission or 
 commission of its agents. 
 
 The same case held that a preliminary examination 
 by the Department of Agriculture, as provided for in 
 Section 4, is not at all a necessary condition precedent 
 to the filing of a libel for the condemnation of the product.
 
 624 Federal Criminal Law Procedure. 
 
 Judge Cochran, in Savage vs. Scovell, 171 Federal, 566, 
 in passing upon the objection to the Kentucky Pure Food 
 Law, that the Federal Pure Food Law had done away 
 with the Kentucky Statute, said: 
 
 "It is questionable whether Congress can affect a State inspection 
 law, simply by legislation covering the same subject — whether, in 
 order to do so, it must not enact legislation under Clause, 2, Section 10, 
 Article I., of the Federal Constitution, expressly revising and controll- 
 ing same; but, this apart, the two laws do not cover the same terri- 
 tory. The Federal law merely covers the subject ot adulteration and 
 misbranding. The State law has nothing to do with either. It has to 
 do with the subject of disclosing the ingredients of the articles cover- 
 ed by it. Its policy is to compel a statement of ingredients, so that 
 purchasers thereof, in Kentucky, may know exactly what they are 
 buying, There may be no adulteration or misbranding — no violation 
 of the Federal law, and yet there may be a violation of the State law 
 in not disclosing the ingredients." 
 
 § 386a. Decisions Continued. — In the original text of 
 Section 386 is the statement that it is not thought that 
 the law was intended to punish for the sale of such 
 articles as were neither deleterious nor poisonous. Since 
 the text was written the Courts have passed upon this 
 question and have clearly established the correctness of 
 that position. In the case of U. S. vs. Johnson, 177 Fed- 
 eral, 313, Judge Phillips held that a medical prepara- 
 tion cannot be said to be misbranded and its sale or ship- 
 ment in interstate commerce a criminal offense under 
 this act merely because of a misrepresentation on the 
 label as to its curative effect. This case was carried to 
 the Supreme Court by the United States under the Act 
 of March 2, 1907, 34 Stats. 1246, and that Court, in U. 
 S. vs. Johnson, 221 U. S., 488, affirmed Judge Phillips' 
 decision and held that a statement on the labels of 
 bottles of medicine that the contents are effective as a 
 cure for cancer, even if misleading, is not covered by the 
 statute. To the same effect is^the decision in the case 
 of Lexington Mill & Elevator Co. vs. U. S., 202 Federal, 
 615, where it was held that bleached flour must be in- 
 jurious to health before its shipment in interstate com- 
 merce is violative of this statute. Under the authority 
 of U. S. vs. Hipolite Egg Co., 220 U. S., 45, the Act is 
 construed to prevent the shipment of inhibited articles,
 
 Foods and .Drugs. 625 
 
 even though they are not transported for sale and that 
 Section 10 applies not only to the article itself, but to all 
 ingredients thereof. 
 
 Decomposed canned eggs which are not denatured and 
 therefore can be used either for food or tanning pur- 
 poses cannot be shipped in interstate commerce from one 
 warehouse of the owner to another without violating this 
 law, even though it be contended that the owner intend 
 ed that they should be used only for tanning purposes. 
 U. S. vs. 13 Crates, 208 Federal, 950. 
 
 Oysters, although shipped unopened and as taken 
 from the water, may come within the prohibitions where, 
 by reason of the condition of the waters in which they 
 are grown, they contain harmful bacteria which renders 
 them filthy, decomposed or putrid, and therefore adulter- 
 ated within the meaning of subdivision 6 of Section 7 
 of the Act. U. S. vs. Sprague, 208 Federal, 419. 
 
 A sale and shipment from Ohio to Washington of a 
 bottle of medicine containing cocaine, without a label in- 
 dicting its presence, the seller knowing when he solicited 
 the order that the transaction, if completed, would neces- 
 sitate interstate transportation, was interstate commerce, 
 whether the sale was made before or after shipment, 
 and is within the law. U. S. vs. Tucker, 188 Federal, 741. 
 
 For a fact case on lemon extract, see U. S. vs. Frank, 
 189 Federal, 195. 
 
 Sec. 386 a. a. Decisions Continued. 
 
 For cases on civil libel, pepper, U. S. vs. Six Barrels, 
 253 F. 199; insecticide, Parke Davis vs. U. S., 255 F. 933; 
 Coco cola case, U. S. vs. Forty Barrels, U. S. Sup. Ct. 
 May, 1916; candy, U. S. vs. Watson, 251 F. 310; U. S. 
 vs. Direct Sales Company, 252 F. 882. 
 
 The branding must be both false and fraudulent, U. 
 S. vs. Tuberclecide Company, 252 F. 938; Hall vs. U. S., 
 267 F. 795; Bradley vs. U. S., 264 F. 79; Weeks vs. U. 
 S., February 1918, U. S. Sup. Ct. 
 
 At the trial other offenses may be proven, when 
 Mitchell vs. U. S., 229 F. 357. 
 
 An article which shows by the label to be unfit is not 
 in violation of the statute, U. S. vs. W. W. Fishing Com- 
 pany, 224 F. 274. 
 
 . 40
 
 626 Federal Criminal Law Procedure. 
 
 The United States attorney must verify his libels and 
 a notary public is not known to the United States stat- 
 utes, U. S. vs. Schallinger, 230, F. 290. 
 
 The food and drugs act is constitutional, Seven Cases 
 vs. U. S., U. S. Sup. Ct. October Term, 1915. 
 
 For rules as to determination of medical opinion, testi- 
 monials and misbranding see McLean vs. U. S., 253 F. 
 694. 
 
 For a definition of when an article is misbranded see 
 U. S. vs. Schider, U. S. Sup. Ct. April, 1918, and for an 
 indictment for misbranding see Simpson vs. U. S., 241 
 F. 841. 
 
 For decisions treating of the curative powers of reme- 
 dies and the difference between remedies and cure see 
 U. S. vs. Natura Company, 250 F. 925; Eleven vs. U. 
 S., 233 F. 71. 
 
 For treatment of motions to release misbranded 
 articles and the holding that such release is discretionary 
 see U. S. vs. Two Cans, 268 F. 866. 
 
 False representations in circulars enclosed within the 
 package cannot be considered as violations of the Food 
 and Drugs act of June 30, 1906, relating to misbranding, 
 U. S. vs. Newton, 275 F. 394. 
 
 § 386b. Misbranded Under New Amendment. — By 
 the Act of August 23, 1912, Section 8 of the original Act 
 was so amended as to read as follows: 
 
 "Sec. 8. That the term misbranded as used herein, shall apply to 
 all drugs or articles of food or articles which enter into the composi- 
 tion of food, the package or label of which shall bear any statement, 
 design or device regarding such article, or the ingredients or sub- 
 stances contained therein, which shall be false or misleading in any 
 particular, and to any food or drug product which is falsely branded 
 as to the State, territory, or country in which it is manufactured or 
 produced. 
 
 "That for the purpose of this Act an article shall also be deemed to 
 be misbranded. In case of drugs: First. If it be an imitation of or 
 offered for sale under the name of another article. Second. If the 
 contents of the package as originally put up shall have removed, in 
 whole or in part, and other contnets shall have been placed in such 
 package, or if the package fail to bear a statement on the label of 
 the quantity or proportion of any alcohol, morphine, opium, cocaine, 
 heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral 
 hydrate, or acetanilide or any derivative or proportion of any such sub-
 
 Foods and Drugs. 627 
 
 stance contained therein. Third. If its package or label shall bear or 
 contain any statement, design or device regarding the curatice or 
 therapeutic effect of such article or any of the ingredients or substances 
 contained therein, which is false and fraudulent." (37 Stats. L. 416, 
 page 146, 1914 Fed. Stats. Ann.). 
 
 In the case of U. S. vs. American Laboratories, 222 Fed- 
 eral, 104, it was held that Congress had the power to 
 enact this Amendment. 
 
 In that same case it was held that one may not be con- 
 victed merely because he advocates a theory of medicine 
 which at the time has not received the sanction of the 
 medical profession, but one guilty of fraud may not 
 escape conviction merely because someone may honestly 
 believe^ in the theory which he fraudulently sets forth. 
 A difference of this sort is one of fact for the jury, as 
 is also the charge of misbranding. 
 
 On March 3, 1913, the Congress added another Amend- 
 ment to the Act of 1906 by changing the original third 
 section thereof to read as follows: 
 
 "Sec. 3. If in package form the quantity of the contents, be not 
 plainly and conspiciously marked on the outside of the package in 
 terms of weight, measure or numerical count; provided, however, that 
 reasonable variations shall be permitted and tolerances and also ex- 
 emptions as to small packages shall be established by rules and regula- 
 tions made, in accordance with the provisions of Section 3 of this Act." 
 [37 Stats. L. 732, page 146, 1914 Fed. Stats. Ann.]. 
 
 § 387. Importation of Opium. — The Act of February 
 9, 1909, Chapter 100, 35 Stat. L., 614, reads as follows: 
 
 "Sec. 1. That after the first day of April, ninteen hundred and 
 nine, it shall be unlawful to import into the United States opium in 
 any form or any preparation or derivative thereof; Provided, That 
 opium and preparations and derivatives thereof, other than smoking 
 opium or opium prepared for smoking, may be imported for medicinal 
 purposes only, under regulations which the Secretary of the Treasury 
 is hereby authorized to prescribe, and when so imported shall be sub- 
 ject to the duties which are now or may hereafter be imposed by law. 
 
 "Sec. 2. That if any person shall fraudulently or knowingly import 
 or bring into the United States or assist in so doing, any opium or 
 any preparation or derivative thereof contrary to law, or shall receive, 
 conceal, buy, sell, or in any manner facilitate the transportation, con- 
 cealment, or sale of such opium or preparation or derivative thereof 
 
 J
 
 628 Federal Criminal Law Procedure. 
 
 after importation, knowing the same to have been imported contrary 
 to law, such opium or preparation or derivative thereof shall be for- 
 feited, and shall be destroyed, and the offender shall be fined in any 
 sum not exceeding five thousand dollars nor less than fifty dollars, 
 or by imprisonment for any time not exceeding two years, or both. 
 Whenever, on trial for a violation of this section, the defendant is 
 shown to have, or to have had, possession of such opium or prepara- 
 tion or derivative thereof, such possession shall be deemed sufficient 
 evidence to authorize conviction unless the defendant shall explain 
 the possession to the satisfaction of the jury." 
 
 § 387a. Additional Opium Statutes. — The Act of Jan. 
 uary 17, 1914, provided that "On or after July 1, 1913, 
 smoking opium or opium prepared for smoking, found 
 within the United States shall be presumed to have been 
 imported after the 1st day of April, 1909, and the bur- 
 den of proof shall be on the claimant or the accused to 
 rebut such presumption." Sections 8800-8801f, U. S. 
 Compiled Statutes. 
 
 Section 1 of the Act of January 17, 1914, provides, 
 "That an internal revenue tax of $300 per pound shall 
 be levied and collected upon all opium manufactured in 
 the United States for smoking purposes; and no person 
 shall engage in such manufacture who is not a citizen 
 of the United States and who has not given the bond re- 
 quired by the Commissioner of Internal Revenue. Every 
 person who prepares opium suitable for smoking purposes 
 from crude gum opium, or from any preparation thereof, 
 or from the residue of smoked or partially smoked opium 
 commonly known as yen shee, or from any mixture of 
 the above, or any of them, shall be regarded as a manu- 
 facturer of smoking opium within the meaning of this 
 Act." 
 
 Section 2 provides certain regulations for the conduct 
 of the business, including a bond in the sum of $1000. 
 
 Section 3 provides for certain stamps that shall be 
 placed on the manufactured product, as does also Sec- 
 tion 4. 
 
 Section 5 provides as follows: "That a penalty of 
 not less than ten thousand dollars or imprisonment for 
 not less than five years or both, in the discretion of the 
 Court, shall be imposed for each and every violation of
 
 Foods and Drugs. 629 
 
 the preceding sections of this Act, relating to opium by 
 any person or persons; and all opium prepared for smok- 
 ing wherever found within the United States without 
 the stamps required by this Act, shall be forfeited and 
 destroyed. 
 
 The Circuit Court of Appeals in Shelly vs. U. S., 198 
 Federal, 88, had held that the mere mixing of smoking 
 opium with the residue of opium that has been smoked, 
 and heating the same, was not a manufacture of opium 
 for smoking purposes, within the meaning of the inter- 
 nal revenue Act of 1890 which imposed a tax on smok- 
 ing opium and regulated the business of its manufac- 
 ture. It would appear that Congress answered this de- 
 cision by providing the Act just above quoted wherein 
 it is said that the preparation of opium suitable for 
 smoking purposes from crude gum opium or from any 
 preparation thereof, or from the residue of smoked or 
 partially smoked opium, etc., shall be regarded as a 
 manufacture within the meaning of the Act. 
 
 In Marks vs. U. S., 196 Federal, 476, it was held under 
 the old statute that any process by which crude opium 
 is converted into a product fit for smoking constitutes 
 a manufacture of smoking opium, but the limiting of 
 the Marks decision by the Shelly decision made the new 
 opium Act most understandable and any mixture what- 
 soever of opium which may be smoked will now be con- 
 sidered a manufacture thereof. 
 
 Under the old law the offense of illegal importation 
 was committed whenever the smoking opium was fraud- 
 ulently and knowingly brought within the territorial 
 limits of the United States, although the opium may not 
 have been landed from the ship or carried across the 
 custom lines, U. S. vs. Caminata, 194 Federal, 903. 
 
 § 387b. These Statutes Constitutional.— The Act of 
 1909, and the Act of January 17, 1914, which declare 
 certain presumptions against the defendant, are held 
 to be constitutional in the case of U. S. vs. Yee Fing, 
 222 Federal, 154, and that they do not deny due process 
 of law, provided in the case there is a rational connec- 
 tion between the facts proved and the Facts therefrom
 
 630 Federal Criminal Law Procedure. 
 
 inferred, and provided the party affected is free to op- 
 pose them. 
 
 Sec. 387 b. b. Opium Decisions. 
 
 For rule of construction of the statutes see U. S. vs. 
 Sischo, 262 F. 1001. 
 
 For an invalid indictment against Chinamen and of- 
 fenses individual see Lee vs. U. S., 240 F. 408. 
 
 For many questions relating to prosecutions under 
 these statutes see Lee Lin vs. U. S., 250 F. 694. 
 
 For consumers rights see U. S. vs. "Woods, 224 F. 278. 
 
 Possession constitutes the offense unless the possessor 
 rebuts the presumption, U. S. vs. Johnson, 228 F. 251. 
 
 Under these statutes the government must show that 
 the commissioner had required a bond, the existence of 
 a stamp, etc., Chin Sing vs. U. S., 227 F. 397. 
 
 The court will take judicial notice that opium is not 
 grown in the United States, U. S. vs. Brown, 224 F. 135.
 
 CHAPTER XXI. 
 
 PANDERING AND PROHIBITING IMMORAL USE OF WOMEN AND 
 
 GIRLS. 
 
 § 388. The Act of February 20, 1907, Prohibiting Importation for 
 Prostitution. 
 
 389. Decisions. 
 
 389a. Additional Decisions. 
 
 390. Importing Contract Labor. 
 
 391. Pandering. 
 
 392. White Slave Act. 
 
 392a. Decisions Under White Slave and Pandering Act. 
 392b. Harboring Prostitutes and Making Reports Thereof. 
 
 § 388. The Act of February 20, 1907, 34 Stat. L., 
 898, contains forty-four sections, relating to immigra- 
 tion. It prohibits the importing of women for prosti- 
 tution, the importing of contract labor, the advertising 
 for labor abroad, the soliciting by vessel owners, and the 
 illegal landing of aliens. Sections 3 and 4 of the Act are 
 the ones most frequently made use of to cleanse, as far 
 as possible, the stream of immigration. Section 3 reads 
 as follows: 
 
 "Sec. 3. That the importation into the United States of any alien 
 woman or girl for the purpose of prostitution, or for any other im- 
 moral purpose, is hereby forbidden; and whoever shall, directly or 
 indirectly, import, or attempt to import, into the United States, any 
 alien woman or girl for the purpose of prostitution, or for any other 
 immoral purpose, or whoever shall hold or attempt to hold any such 
 woman or girl for any such purpose in pursuance of such illegal im- 
 portation, or whoever shall keep, maintain, control, support, or harbor 
 in any house or other place, for the purpose of prostitution, or for 
 any other immoral purpose, any alien woman or girl, within three years 
 after she shall have entered the United States, shall, in every such 
 case, be deemed guilty of a felony, and on conviction thereof be im- 
 prisoned not more than five years and pay a fine of not more than five 
 thousand dollars; and any alien woman or girl who shall be found an 
 inmate of a house of prostitution or practicing prostitution, at any 
 time within three years after she shall have entered the United States, 
 shall be deemed to be unlawfully within the United States, and shall 
 be deported as provided by sections twenty and twenty-one of this 
 Act." 
 
 (631)
 
 632 Federal Criminal Law Procedure. 
 
 § 389. Decisions. — Judge Hough, in United States 
 vs. Bitty, 155 Federal, 938, held that the words "any 
 other immoral purpose," as used in the above section 
 must be construed with reference to the preceding word 
 "prostitution," and to relate only to a like immoral 
 purpose, and, so construed, cannot be held to include 
 concubinage; and he, therefore, sustained a demurrer to 
 the indictment. The Government went, by writ of 
 error, direct to the Supreme Court of the United States, 
 by virtue of the Act of March 2, 1907, 34 Stat. L., 1246, 
 authorizing writs of error by the United States, and the 
 Supreme Court held, in United States vs. Bitty, 208 U. 
 S., 393, 52 Law Ed., 544, that the importation of an alien 
 woman into the United States in order that she may 
 live with the person importing her, as his concubine, 
 is for an immoral purpose, within the meaning of the 
 above section, making it a crime against the Unit r 
 States to import alien women for the purpose of prosti- 
 tution, or for any other immoral purpose. 
 
 In Keller vs. United States, 213 U. S., 138, the Su- 
 preme Court held that that portion of the above section 
 which makes it a felony to harbor alien prostitutes 
 was unconstitutional, as to one harboring such a prost : 
 tute without knowledge of her alienage, or in connection 
 with her coming into the United States, as a regulation 
 of a matter within the police power reserved to the state, 
 and not without any power delegated to Congress by the 
 Constitution. The portion, therefore, of the section held 
 to be unconstitutional on this state of facts, begins at 
 the words "whoever shall keep," and ends with the 
 words "not more than five thousand dollars." 
 
 In line with this decision was the case of ex parte 
 Lair, 177 Federal, 789, which held that in so far as the 
 section provides for the criminal punishment of th3 
 mere keeping maintaining, supporting, or harboring an 
 alien woman within three years after entry for the pur- 
 poses of prostitution, it is unconstitutional, such offense 
 being within the police power of the State, and not sub- 
 ject to Congressional regulation. That case also held 
 that the Act of March 3, 1903, 32 Stat. L., 1214, in so 
 far as it places no limitation on the length of the hold-
 
 Pandering, Etc. 633 
 
 ing of a female alien for prostitution, for which the 
 holder might be prosecuted, was repealed by the Act 
 under discussion. That case also held that the venue 
 for the importing of a female for immoral purposes 
 was within the district of the seaport where the alien 
 first landed and entered the United States. In the case 
 of United States vs. Sibray, 178 Federal, 144, the Court 
 held, upon a writ of habeas corpus, that a warrant by 
 an immigration inspector under the Act, which author- 
 izes the inspectors to proceed without going before any 
 other United States Courts or United States Commis- 
 sioner, while not required to have the formality and 
 particularity of an indictment, it must, in charging that 
 the relator was an alien who was a member of the ex- 
 cluded class, in that he imported a woman for immoral 
 purposes, and that he had been convicted of, or had 
 admitted, having committed a felony or other crime or 
 misdemeanor involving moral turpitude, prior to his 
 entry into the United States, was fatally defective for 
 failure to specify the specific act or acts which it was 
 claimed brought the relator within the excluded classes. In 
 other words, the decision throughout demands that such 
 warrants must state facts, and not mere conclusions. 
 The Court also held that proof that an alien, prior to 
 his emigration, committed a single act of adultery or 
 fornication in the country from which he came, was in- 
 sufficient to justify his deportation as an alien having 
 been convicted of, or having admitted, committing a 
 felony or other crime or misdemeanor involving moral 
 turpitude; also that an alien living in adultery within 
 the United States is not ground for deportation; such 
 conduct being solely within the police power of the stat- 
 ute. See also United States vs. Sibray, 178 Federal, 
 150, where it was held that a warrant for a woman stating 
 generally that she entered the United States for an im- 
 moral purpose, was not sufficiently specific. 
 
 § 389a. Additional Decisions Under Act of February 
 20, 1907.— All that portion of Section 3 of the Act of 
 February 20, 1907, reading as follows: "Whoever shall 
 keep, maintain, control, support, or harbor in any house 
 or other place for the purpose of prostitution or for any
 
 634 Federal Criminal, Law Procedure. 
 
 other immoral purpose, any alien woman or girl, with- 
 in three years after she shall have entered the United 
 States, shall in every such case be deemed guilty of a 
 felony, and on conviction thereof be imprisoned not more 
 than five years and pay a fine of not more than $5,000," 
 is declared to be unconstitutional by the Supreme Court 
 of the United States, in Jeller vs. U. S., 213 U. S. 138. 
 for the reason that while Congress has power to exclude 
 aliens from and to prescribe the terms and conditions 
 on which aliens may come into the United States, that 
 power does not extend to controlling dealings with aliens 
 after their arrival, merely on account of their alienage. 
 That portion of the Act of February 20th, quoted above, 
 is unconstitutional because it is the attempt to regu- 
 late a matter within the police power reserved to the 
 State, and not within any power delegated to Congress 
 by the Constitution. 
 
 'The Act of March 26, 1910, 36th Statute 264, reads as 
 follows: "Any alien who shall be found an inmate of or 
 connected with the management of a house of prostitu- 
 tion, or practicing prostitution, after such alien shall 
 
 have entered the United States shall be deemed to 
 
 be unlawfully within the United States, and shall be de- 
 ported in the manner provided by Sections 20 and 21 of 
 this Act," thereby doing away with the three year limi- 
 tation of time provided for in the last paragraph of th^ 
 original Section 3. In other words, when an alien is found 
 engaged in the inhibited practices, irrespective of the 
 length of time in the United States, deportation may be 
 had. U. S. vs. Prentis, 182 Federal, 894; U. S. vs. Weis, 
 181 Federal, 860. 
 
 Under the authority of United States vs. Lavoie, 182 
 Federal, 943, which was a prosecution under the first part 
 of Section 3 for importing for the purpose of prostitu- 
 tion an alien woman, a space of time elapsing after 
 importation of as much as two years, and then the re- 
 sumption of illegal relations, such illegal relations will 
 not be held to be pursuant to the illegal importation. 
 Prosecution for illegal importation under this section 
 should be had in the district of the port where the
 
 Pandering, Etc. 635 
 
 ailen was landed. U. S. vs. Krsteff, 185 Federal, 201; 
 U. S. vs. Lavoie, 182 Federal, 943. 
 
 Sec. 389 b. Additional Decisions. 
 
 Crossing the line of a state and returning* to the first 
 state with the girl is no offense under the authority of 
 Fisher vs. U. S., 266 F. 667 and U.. S. vs. Wilson/ 266 
 F. 712. 
 
 The indictment may fix the venue by -the place from 
 which transportation was made, Yeates vs. U. S., 254 F. 60. 
 
 An indictment which charges the offense in the lan- 
 guage of of the statute is held good in Huffman vs. U. S., 
 259 F. 35; also in the case of U. S. vs. Brand, 229 F. 847. 
 In the case of Elrod vs. U. S., 266 F. 55, it was held that 
 an excursion with a girl from one state to another where 
 they engaged in immoralities was sufficient to go to the 
 jury notwithstanding there were no commercial relations 
 between the parties. 
 
 Venue and intent are regulated by the inception of the 
 journey, Biggerstaff vs. U. S., 260 F. 926. Appropriate 
 instructions should be given as to the purpose of the 
 transportation, Griffith vs. U. S., 261 F. 159; as to ques- 
 tions of evidence, etc., see Blackstone vs. U. S., 261 F. 
 150. 
 
 An indictment saying "purpose" and not "intent" 
 was held good in Carey vs. U. S., 265 F. 515. 
 
 An auto driver who serves men and women carrying 
 them across the state line is guilty of a violation of this 
 statute, Freed vs. U. S. 266 F. 1012; auto transportation 
 is a violation, Growling vs. U. S., 269 F. 215; IT. S. vs. 
 Burch, 226 F. 974. The instruction of the court should 
 not limit the government 's duty in the matter of showing 
 inducement and if it does do so it will be reversable error, 
 England vs. U. S., 272 F. 102. 
 
 The woman in the case is an accomplice and it is the 
 duty of the court to charge thereon, was held in Freed 
 vs. U. S., 266 F. 1012; but there was a different holding 
 in Hays vs. U. S., 231 F. 106. 
 
 The intent and purposes must be specifically alleged 
 and proven, Gillette vs. U. S., 236 F. 215.
 
 636 Federal Criminal Law Procedure. 
 
 A trip for immoral purposes alone, which is in inter- 
 state commerce, is a violation, Caminetti vs. U. S., U. 
 S. Sup. Ct. Nov. 1916. 
 
 Though the defendant accompanied the woman when 
 she went to be confined it would not necessarily make 
 him guilty, Van Pelt vs. U. S., 240 F. 347. 
 
 For taking a negro girl see Young vs. U. S., 242 F. 
 788. 
 
 In a prosecution under these statutes it may be shown 
 that the defendant had others engage in prostitution 
 Kinser vs. U. S., 231 F. 856. 
 
 The ignorance of the girl as to the purpose is no 
 defense, Prdjun vs. U. S., 237 F. 799. 
 
 For a case where co-conspirators testified for the state 
 see Heitler vs. IT. S., 244 F. 140. 
 
 Inducing one to go from one state to another state to 
 open a house of prostitution is a violation, Simpson vs. 
 U. S., 245 F. 278. 
 
 Under the White Slave Act the offense of transporting 
 a woman in interstate commerce for the purpose of pros- 
 titution is complete when the transportation has been 
 accomplished without regard to whether later the pur- 
 pose is accomplished; one cannot be convicted for aiding 
 and abetting an offense of which he had no knowledge 
 until after it was complete, Rizzo vs. U. S., 275 F. 51. 
 
 Hiring girls in the United States to go to Mexico to 
 work in a dance hall where liquors are sold and prosti- 
 tutes are waiters is a violation, Beyer vs. U. S., 251 F. 40. 
 
 § 390. Importing Contract Labor. — Section 4 of the 
 Act reads as follows: 
 
 "That it shall be a misdemeanor for any person, company, partner- 
 ship, or corporation, in any manner whatsoever, to prepay the trans- 
 portation or in any way to assist or encourage the importation or mi- 
 gration of any contract laborer or contract laborers into the United 
 States, unless such contract laborer or contract laborers are exempted 
 under the terms of the last two provisions contained in section two 
 of this Act." [34 Stat. L., 900.]. 
 
 See United States vs. Tsokas, 163 Federal, 129. 
 § 391. Pandering.— The Act of June 25, 1910, to de- 
 fine and punish pandering, reads as follows:
 
 Pandering, Etc. 637 
 
 "That any person who, by threats by himself, or through another, 
 induces, or by any device or scheme inveigles, any female into a 
 house of prostitution, or of assignation, in the District of Columbia, 
 against her will, or by any threat or duress detains her against her 
 will, for the purpose of prostitution or sexual intercourse, or takes 
 or detains a female against her will with intent to compel her by 
 force, threats, menace, or duresS to marry him, or to marry any other 
 person, or if any parent, guardian, or other person having legal cus- 
 tody of the person of a female consents to her taking or detention by 
 any person for the purpose of prostitution or sexual intercourse, is 
 guilty of pandering, and shall be punished by imprisonment for a 
 term of not less than one nor more than five years and fined not 
 more than one thousand dollars. 
 
 "Sec. 2. That any person who, against her will, shall place any 
 female in the charge or custody of any other person or persons or in 
 a house of prostitution with the intent that she shall live a life of 
 prostitution, or any person who shall compel any female, against her 
 will, to reside with him or with any other person for the purpose of 
 prostitution, or compel her against her will to live a life of prostitu- 
 tion, is guilty of pandering and shall be punished by a fine of not 
 less than one thousand dollars and imprisonment for not less than 
 one nor more than five years. 
 
 "Sec. 3. That any person who shall receive any money or other valu- 
 able thing for or on account of procuring for or placing in a house of 
 prostitution or elsewhere any female for the purpose of causing her 
 illegally to cohabit with any male person or persons shall be guilty of 
 a felony, and upon convision thereof shall be imprisoned for not less 
 than one nor more than five years. 
 
 "Sec. 4. That any person who by force, fraud, intimidation, or 
 threats places or leaves, or procures any other person or persons to 
 place or leave, his wife in a house or prostitution, or to lead a life 
 of prostitution, shall be guilty of a felony, and upon conviction thereof 
 shall be imprisoned not less than one nor more than ten years. 
 
 "Sec. 5. That any person or persons who attempt to detain any girl 
 or woman in a disorderly house or house of prostitution because of any 
 debt or debts she has contracted, or is said to have contracted, while 
 living in said house of prostitution or disorderly house shall be guilty 
 of a felony, and on conviction thereof be imprisoned for a term not 
 less than one nor more than five years." 
 
 Pandering is denned by the Century Dictionary to 
 mean to cater for the lusts of others; to administer to 
 others' passions or prejudices for selfish ends; to pimp 
 for; one who administers to the gratification of any of 
 the baser passions of others. It is sometimes written 
 pandar, formerly pandor, and was doubtless taken from
 
 638 Federal, Criminal Law Procedure. 
 
 the name of a man, Pandare, who procured for Troilus 
 the love and good grace of Cressida. 
 
 § 292. White Slave Act.— The Act of June 25, 1910, 
 entitled an Act to further regulate interstate and foreign 
 commerce by prohibiting the transportation therein for 
 immoral purposes of women and girls, and for other pur- 
 poses, was directed at what is called the "White Slave" 
 evil, and as far as it relates to the criminal features, is 
 as follows: 
 
 "That the term 'interstate commerce,' as used in this Act, shall 
 include transportation from any State or Territory or the District of 
 Columbia to any other State or Territory or District of Columbia, and 
 the term 'foreign commerce,' as used in this Act, shall include trans- 
 portation from any State or Territory or the District of Columbia to 
 any foreign country and from any foreign country to any State or 
 Territory or the District of Columbia. 
 
 "Sec. 2. That any person who shall knowingly transport or cause 
 to be transported, or aid or assist in obtaining transportation for, or 
 in transporting, in interstate or foreign commerce, or in any Territory 
 or in the District of Columbia, any woman or girl for the purpose of 
 prostitution or debauchery, or for any other immoral purpose, or with 
 the intent and purpose to induce, entice, or compel such woman or girl 
 to become a prostitute or to give herself up to debauchery, or to 
 engage in any other immoral practice; or who shall knowingly pro- 
 cure or obtain, or cause to be procured or obtained, or aid or assist in 
 procuring or obtaining, any ticket or tickets, or any form of trans- 
 portation or evidence of the right thereto, to be used by any woman or 
 girl in interstate or foreign commerce, or in any Territory or the 
 District of Columbia, in going to any place for the purpose of prosti- 
 tution or debauchery, or for any other immoral pui-pose, or with the 
 intent or purpose on the part of such person to induce, entice, or 
 compel her to give herself up to the practice of prostitution, or to 
 give herself up to debauchery, or any other immoral practice, whereby 
 any such woman or girl shall be transported in interstate or foreign 
 commerce, or in any Territory or the District of Columbia, shall be 
 deemed guilty of a felony, and upon conviction thereof shall be punished 
 by a fine not exceeding five thousand dollars, or by imprisonment 
 of not more than five years, or by both such fine and imprisonment 
 in the discretion of the court. 
 
 "Sec. 3. That any person who shall knowingly persuade, induce, 
 entice, or coerce, or cause to be persuaded, induced, enticed, or co- 
 erced, or aid or assist in persuading, inducing, enticing, or coercing 
 any woman or girl to go from one place to another in interstate or 
 foreign commerce, or in any Territory or the District of Columbia, 
 for the purpose of prostitution or debauchery, or for any other immoral 
 purpose, or with the intent and purpose on the part of such person thar
 
 Pandering, Etc. 639 
 
 such woman or girl shall engage in the practice of prostitution or 
 debauchery, or any other immoral practice, whether with or without 
 her consent, and who shall thereby knowingly cause or aid or assist 
 in causing such woman or girl to go and to be carried or transported 
 as a passenger upon the line or route of any common carrier or car- 
 riers in interstate or foreign commerce, or any Territory or the Dis- 
 trict of Columbia, shall be deemed guilty of a felony, and on con- 
 viction thereof shall be punished by a fine of not more than five, 
 thousand dollars, or by imprisonment for a term not exceeding five 
 years, or by both such fine and imprisonment in the discretion of 
 the court. 
 
 "Sec. 4. That any person who shall knowingly persuade, induce, 
 entice, or coerce any woman or girl under the age of eighteen years 
 from any State or Territory or the District of Columbia, with the 
 purpose and intent to induce or coerce her, or that she shall be in- 
 duced or coerced to engage in prostitution or debauchery, or any other 
 immoral practice, and shall in furtherance of such purpose knowingly 
 induce or cause her to go and to be carried or transported as a 
 passenger in interstate commerce upon the line or route of any common 
 carrier or carriers, shall be deemed guilty of a felony, and on convic- 
 tion thereof shall be punished by a fine of not more than ten thousand 
 dollars, or by imprisonment for a term not exceeding ten years, or by 
 both such fine and imprisonment, in the discretion of the court. 
 
 "Sec. 5. That any violation of any of the above sections two, three, 
 and four shall be prosecuted in any court having jurisdiction of crimes 
 within the district in which said violation was committed, or from, 
 through, or into which any such woman, or girl may have been car- 
 ried or transported as a passenger in iterstate or foreign commerce, 
 or in any Territory or the District of Columbia, contrary to the pro- 
 visions of any of said sections." 
 
 § 392a. Decisions Under White Slave and Pandering 
 Act. — The legislation is constitutional. U. S. vs. Hoke, 
 187 Federal, 992; Hoke vs. U. S., 227 U. S., 308; Kalen 
 vs. U. S., 196 Federal, 888; Paulsen vs. U. S., 199 Federal, 
 423; Bennett vs. U. S., 194 Federal, 630; affirmed in Ben- 
 nett vs. U. S., 227 U. S., 333. The right to be transport- 
 ed in interstate commerce is not a right to employ inter- 
 state transportation as a facility to do wrong, and the 
 Congress may prohibit such transportation to the extent 
 of the White Slave Traffic Act. Hoke vs. U. S., 227 U. 
 S., 308. One may violate the Act through a third party 
 acting for him. Hoke vs. U. S., 227, 309. The transporta- 
 tion inhibited by the Act is not confined to transportation 
 by common carrier, nor need such a limitation be em- 
 ployed in order to sustain the constitutionality of the Act.
 
 640 Federal Criminal Law Procedure. 
 
 Wilson vs. U. S., 232 U. S., 563. The debauchery used 
 in the statute means sexual intercourse, or that the Act 
 does not extend to any vice or immorality other than 
 that applicable to sexual actions. Athanasaw vs. U. 
 S., 227 U. S., 326. The woman is an accomplice, Diggs 
 vs. U. S., 220 Federal, 546. The woman who is the victim 
 niay be indicted for a conspiracy to act as such victim. 
 U. S. vs. Holte, 236 U. S., 140. This holding opens a 
 new method for rendering prosecutions futile, because 
 if the woman may be indicted she may claim her con- 
 stitutional privilege not to testify, and thereby the pro- 
 secution will be deprived of the one who is most often 
 its most valuable witness. The old rule that the spouse 
 cannot testify against the husband unless it relate to 
 injuries to herself, is recognized by the Courts in cases 
 under this statute, and it is held that where a husband 
 persuades his wife to go from one State to another for 
 the immoral purpose of the Act she may testify against 
 him, because such a transaction is a personal injury to 
 her person. U. S. vs. Rispoli, 189 Federal, 271; U. S. 
 vs. Gwynne, 209 Federal, 993. The exception, therefore, 
 which permits a wife to testify against her husband as 
 to injuries received to her own person only, allows such 
 testimony when the offense was committed at the time 
 that she was in fact his wife. In other words, the wife 
 would not be permitted to testify against 'her husband 
 to facts or injuries to her person that occurred before 
 she became his wife. One who transported a woman 
 in interstate commerce in violation of the section under 
 discussion, and after such violation married her, would 
 thereby protect himself against her testimony, because 
 the offense against her person occurred when she was 
 not his wife, and having become his wife, she is prevent- 
 ed from disclosing anything to his deteriment, except 
 such as would detail an injury to her when she was his 
 wife. U. S. vs. Gwynne, 209 Federal, 994. The exception 
 deals with the parties in the marriage relation and not as 
 to acts ommitted before the marriage. Public policy 
 is the basis of the rule and the relaxation of the rule 
 grows out of the necessity of protecting the wife from 
 personal or other injury at the hands of the husband
 
 Pandering, Etc. 641 
 
 during the marital relation. Against this reasoning, 
 however, is the case of Johnson vs. U. S., 221 Federal, 
 250, which is a ranking case since it is by the C. C. A. 
 8th Circuit and holds to the old common-law rule that 
 wife cannot testify against her husband. Reverses 215 
 Federal, 679. 
 
 A trip made from one State to another for the purpose 
 of illicit cohabitation is in violation of this Act. U. 
 
 5. vs. Flashpoller, 205 Federal, 1006. Diggs vs. U. S., 
 220 Federal, 545. Witnesses testifying are liable to all 
 of the usual tests for veracity, such as lack of virtue, 
 etc. Filasto vs. U. S., 211 Federal, 329. One may be 
 sentenced after conviction under this statute in a pen- 
 itentiary for a longer or shorter period than one year. 
 U. S. vs. Thompson, 202 Federal, 346. For other fact 
 cases, see Weddel vs. U. S., 213 Federal, 208; Johnson 
 vs. U. S., 215 Federal, 679; Harris vs. U. S., 194 Federal, 
 634; affirmed in 227 U. S. 340; Bennett vs. U. S., 194 
 Federal, 630; affirmed in 227 U. S., 333. Suslak vs. U. 
 
 6, 213 Federal, 913; Welsch vs. U. S., 220 Federal, 764. 
 Sec. 392 a. a. Decisions Permitting Wife to Testify, 
 
 Continued. 
 
 Under section 392 a. there is a discussion of the rule 
 with respect to a wife testifying against her husband 
 during a prosecution under these statutes when she is 
 the woman in the case. In that discussion the Johnson 
 case, 221 F. 250, is cited. That case is criticised in Pap- 
 pas vs. U. S., 241 F. 665, by the Circuit Court of Appeals 
 for the ninth circuit and the doctrine is laid down that 
 the wife may testify against her husband on the ground 
 that such a transaction is a personal injury to her and 
 cites their former decision in Cohen vs. U. S., 214 F. 
 23, to the same effect, from which a certiorari was denied 
 by the Supreme Court, 235 U. S., 696, 35 Sup. Ct. Rep. 199. 
 
 To the same effect is Denning vs. U. S., 247 F. 463; 
 U. S. vs. Bozeman, 236 F. 432, and 235 U. S. 696. 
 
 So the rule seems to stand as announced by the writer 
 in 1910, in Sec. 392 a, that the wife may testify to what 
 occurred while she was the wife but cannot testify to 
 what occurred before she was the wife. 
 
 41
 
 642 Federal Criminal Law Procedure. 
 
 § 392b. Harboring Prostitutes and Making Reports 
 Thereof. — The statement required by the Act of June 
 25, 1910, to be made to the Commissioner General of Im- 
 migration, giving certain facts with reference to alien 
 females held for immoral purposes, requires the making 
 of such statements only when such females are from the 
 countries who are parties to the arrangement to file such 
 statement, and an indictment which failed to show that 
 a female so harbored is from one of such countries is 
 fatally defective. U. S. vs. Davin, 189 Federal, 244. 
 If one violates the provisions of this Act he is guilty 
 thereunder, even though he is not also guilty of pro- 
 curing the entry of such female into the United States. 
 U. S. vs. Davin, 189 Federal, 244. See also same case 
 for form of indictment. The doctrine that one must file 
 this statement even though such person did not import 
 the alien female, directly or indirectly, is affirmed in the 
 case of U. S. vs. Portale, U. S., Supreme Court, Oct. Term, 
 1914, page 1. 
 
 Sec. 392 b. b. Harboring Prostitutes and Making Re- 
 ports Thereof, Continued. 
 
 The section with reference to the making of reports 
 is unconstitutional and is in violation of section 6, of 
 article 5, U. S. vs. Lombardo, 228 F. 980. The venue for 
 prosecution under the foreign provision is at Washing- 
 ton, D. C. the place where the "filing" is required, TJ. 
 S. vs. Lombardo, 228 F. 980; affirmed in U. S. vs. Lom- 
 bardo, 241 U. S. 73.
 
 CHAPTER XXII. 
 
 SOME GENERAL PROVISIONS. 
 
 § 393. Punishment of Death by Hanging. 
 
 394. No Conviction to Work Corruption of Blood or Forfeiture of 
 Estate. 
 
 395. Whipping and the Pillory Abolished. 
 
 396. Jurisdiction of State Courts. 
 
 397. Ilustrations. 
 
 398. Other Decisions. 
 
 399. Pardoning Power. 
 
 399a. Pardon, Acceptance of and President's Power. 
 
 400. Qualified Verdicts in Certain Cases. 
 
 401. Body of Executed Offender May be Delivered to Surgeon for 
 
 Dissection. 
 
 402. Who Are Principals. 
 402a. Aiding and Abetting. 
 
 403. Punishment of Accessories. 
 
 404. Felonies and Misdemeanors. 
 
 405 Omission of Words, "Hard Labor" Not to Deprive Court of 
 
 Power to Impose. 
 405a. Imprisonment, and Where. 
 
 406. Repealing Provisions. 
 
 407. Parole of United States Prisoners. 
 407a. For Construction of Parole Act. 
 
 408. Witnesses for Poor Accused. 
 
 409. Publicity of Contributions. 
 
 § 393. Punishment of Death by Hanging.— Section 
 323 of the new Code, is in the exact word of old Statute 
 5325, to wit: 
 
 "Sec. 323. The manner of inflicting the punishment of death shall 
 be by hanging." 
 
 Sec. 393 a. Punishment, etc. 
 
 Punishment for "unreasonable charge" is not permit- 
 ted, U. S. vs. Cohen Grocery Company, 41 Sup. Ct. 300, 
 April, 1921. 
 
 § 394. No Conviction to Work Corruption of Blood 
 or Forfeiture of Estate. — Section 324 of the new Code 
 is in the identical words of the old Statute 5326, as fol- 
 lows: 
 
 "Sec. 324. No conviction or judgment shall work corruption of 
 blood or any forfeiture of estate." 
 
 (643)
 
 644 Federal Criminal Law Procedure. 
 
 In England, felony comprises every species of crime 
 which at Common-Law worked a forfeiture of goods and 
 lands. 
 
 § 395. Whipping and the Pillory Abolished, — Section 
 325 of the new Code uses the words of old Statute 5327, 
 as follows: 
 
 "Sec. 325. The punishment of whipping and of standing in the 
 pillory shall not be inflicted." 
 
 § 396. Jurisdiction of State Courts. — Section 326 of 
 the new Code uses the words of the old Statute 5328, as 
 follows: 
 
 "Sec. 326. Nothing in this Title shall be held to take away or im- 
 pair the jurisdiction of the courts of the several States under the 
 laws thereof." 
 
 The word "Title" used in the above section must neces- 
 sarily mean all of the sections in the new Code; that is, 
 from Section 1 to Section 325, inclusive. It could not be 
 limited to the few sections in Chapter XIV. of the new 
 Code, which treats alone of general and special provi- 
 sions. 
 
 Decisions. — The effort of the Courts to maintain the 
 sovereignty of the Federal and State Governments with- 
 out impingement from either side have been both com- 
 mendable and successful. It is true that at times the 
 line has been difficult to trace, and conflict seemed im- 
 minent, but careful reasoning and a thorough determina- 
 tion to preserve the autonomy and virgin jurisdiction 
 of each Government have usually triumphed. Even the 
 Supreme Court of the United States has not hesitated to 
 distinguish its own decisions so as to keep the line as 
 distinct as possible. In the case of New York vs. Eno, 
 155 U. S., page 89, hereinafter noticed, it became neces- 
 sary for the preservation of the State lines to distinguish 
 in re Loney, 134 U. S., 372, and the Court did so by an- 
 nouncing that the Loney decision was one of urgency, 
 which involved the authority and operation of the general 
 Government. 
 
 It may be announced as the general rule, gathered from 
 the decisions, that where there is an apparent conflict of
 
 Some General Provisions 645 
 
 authority, and the State Court secures jurisdiction of 
 the person, that person must exhaust all State remedies 
 before appealing to the Federal Courts for relief. If, 
 however, as in the Loney case, immediate action is ur- 
 gent, not to the interests of the person, but to the in- 
 terests of the general Government, then and in that event 
 the Courts of the general Government will interfere be- 
 fore all State remedies have been exhausted. So, too, 
 if Congress has taken exclusive jurisdiction of an offense 
 interference by similar prosecutions in the State Courts 
 are not permitted. 
 
 Sec. 396 a. Jurisdiction of State Courts in Conflict 
 With Federal Courts. 
 
 For a discussion of the two sovereignties see Easton 
 vs. The State, 188 U. S., 220; 47 Law Ed. 452. 
 
 As to "comity" between the two sovereignties see U. 
 S. vs. Marrin, 227 F. 314. 
 
 A defendant under sentence in a state court and at 
 large on bail may be tried and convicted in the federal 
 court, U. S. vs. Vane, 254 F. 28. 
 
 The power of the United States Supreme Court to re- 
 view state court decisions is limited to federal questions, 
 Cincinnati vs. Kentucky, U. S. Sup. Ct. April 1920. 
 
 An acquittal in a state court is no defense nor evidence 
 in the federal Court, Martin vs. U. S., 271 F. 685. 
 
 The removal of internal revenue cases to the federal 
 courts under the authority of section 643 R. S. U. S. does 
 not authorize the removal of a case against a party who 
 had the approval of the United States Internal Revenue 
 Commissioner to sue, Shumpka, 268 F. 686. 
 
 Violations of the Volstead Act may be prosecuted in 
 both state and federal courts but, U. S. vs. Reagan, 273 
 F. 727. 
 
 It was held in ex parte Crook shank, 269 F. 980, that 
 the state may legislate more drastically, but not more 
 liberally than Congress on the same subject, the subject 
 being the Volstead Act; see also 270 F. 639 and 270 F. 665. 
 
 § 397. Illustrations. — In the case of Cross vs. North 
 Carolina, 132 U. S., 140, 33 Law Ed., 287, the Supreme 
 Court held that where an officer of a national bank forged 
 a promissory note and entered it upon the books of the
 
 646 Federal Criminal. Law Procedure. 
 
 bank for the purpose of sustaining false entries in the 
 books and in order to deceive the United States Bank 
 Examiner, he could be tried and convicted of forgery of 
 the note in the State Court although the offense of mak- 
 ing such false entries is one against the United States, 
 of which its Courts have exclusive cognizance. In other 
 [words, the crime of forgery against the State could not 
 'be excused or obliterated by committing another and 
 distinct crime against the United States; and the act, 
 or series of acts, constituting an offense equally against 
 the United States and the State, subjects the guilty party 
 to punishment under the laws of each Government. In 
 Thomas vs. Loney, 134 U. S., 377, 33 Law Ed., 949, the 
 Supreme Court of the United States discharged, upon 
 habeas corpus, applicant Loney from imprisonment under 
 a warrant of arrest from a justice of the peace of Vir- 
 ginia, upon a complaint charging him with perjury in 
 giving his deposition as a witness before a notary public 
 of the city of Richmond, in the case of a contested elec- 
 tion of a member of the House of Representatives of the 
 United States, and held, in substance, that the notary 
 public designated by Congress to take depositions in case 
 of a contested election of a member of the House of 
 Representatives of the United States, performs this func- 
 tion under the authority of Congress, and not under that 
 of the State, and testimony taken in such a case stands 
 on the same ground as if taken before a judge or officer 
 of the United States, and a witness giving his testimony 
 in such a case is accountable for the truth of his testi- 
 mony to the United States only, and the power to punish 
 such witness belongs exclusively to the Government in 
 whose tribunals that proceeding is had. 
 
 This case affirms the same case in 38 Federal, 101. In 
 the same report, on page 380, 33 Law Ed., 951, in the 
 case of Fitzgerald vs. Green, the Supreme Court reversed 
 the decision of the Circuit Court of the United States, 
 discharging upon habeas corpus Green from imprison- 
 ment under a judgment of the Court of Virginia, impos- 
 ed upon him for unlawfully voting for presidential elec- 
 tors, and held, in substance, that the State has the power 
 to punish for illegal and fraudulent voting for presi-
 
 Some General Provisions 647 
 
 dential electors, because Congress lias never undertaken 
 to interfere with the manner of appointing electors, or 
 the mode of appointment prescribed by the law of the 
 State to regulate the conduct of such election, or to punish 
 any fraud in voting for electors, but has left these mat- 
 ters to the control of the States. 
 
 In McPherson vs. Blacker, 146 U. S., page 1; 36 Law 
 Ed., page 869, the Supreme Court of the United States 
 maintained its right, under Section 709 of the Revised 
 Statutes of the United States, to inquire into the method, 
 upon proper petition, pursued by a State in the selec- 
 tion of its presidential electors; and after so maintain- 
 ing its jurisdiction, determined that the Constitution did 
 not provide that the appointment of electors shall be by 
 popular vote, nor that the electors shall be voted for 
 upon a general ticket, nor that the majority of those 
 who exercise the elective franchise can alone choose the 
 electors, and that the appointment and mode of appoint- 
 ment of the electors was exclusively left to the States 
 under the Constitution of the United States, and upheld 
 the Michigan Act, even though the same was questioned 
 as being repugnant to the Constitution of the United 
 States. 
 
 In Pettibone vs. United States, 148 U. S., 197, 37 Law 
 Ed., 419, the Supreme Court held that persons cannot 
 be convicted of obstructing the administration of justice 
 in a Federal Court under United States Revised Statute 
 5399, because of a criminal intent on their part to commit 
 a crime against the State, in the deciding of which the 
 Court affirmed the doctrine that United States Courts 
 have no jurisdiction over offenses not made punishable 
 by the Constitution, laws, or treaties of the United States. 
 
 In the case of Ohio vs. Brooks, 173 U. S., page 299, 
 43 Law Ed., page 699, the Supreme Court discharged, 
 upon habeas corpus, Thomas, who was the Superintendent 
 of the United States Soldiers' Home, and who had been 
 convicted in the State Court for serving oleogarmarine 
 in violation of the State law, to disabled soldiers under 
 his charge at the said home, and held that the Governor 
 of a Soldiers' Home, which is under the sole jurisdiction 
 of Congress, even though jurisdiction has not been ceded
 
 648 Federal Criminal Law Procedure. 
 
 to the land upon which the home is situated by the 
 State Legislature, is not subject to the State Law con- 
 cerning the use of oleomargarine when he furnishes that 
 article to the inmates of the home, as a part of the rations 
 furnished for them under appropriations made by Con- 
 gress therefor. 
 
 United States vs. Eno, 155 U. S., page 89, 39 Law 
 Ed., page 80, arose upon a writ or habeas corpus sued 
 out by Eno, who alleged that he was in the city prison 
 of New York City, by reason of certain bench warrants 
 issued upon indictment against him in a State Court 
 of New York for certain offenses over which the State 
 Courts had no jurisdiction; such offenses being the mak- 
 ing of false entries in the books of a national bank. 
 He was discharged by the Circuit Court of the United 
 States, and the State of New York appealed to the Su- 
 preme Court, which Court reversed the judgment of 
 the Circuit Court of the United States, and held, in sub- 
 stance, that the Circuit Court of the United States should 
 not, except in cases of urgency, discharge upon habeas 
 corpus from custody under warrants issued by a State 
 Court, one charged with the offense committed while 
 president of a national bank, of forgery by making false 
 entries in the books of the bank, with intent to defraud, 
 where he is not indicted in any Court of the United 
 States for such offense. The claim of the accused to 
 immunity from prosecution under the State Court should 
 be first passed upon by the highest Court of the State; 
 and if any Federal right is denied him, he may then take 
 the case to the Supreme Court of the United States for 
 redress. 
 
 In referring to the Loney case, 134 U. S., cited supra, 
 the Court said: 
 
 "It may be well to refer to the case of Thomas vs. Loney, 134 U. S. 
 It will be observed that this Court, in ex parte Royall, recognized cer- 
 tain cases as constituting exceptions to the general rule — among which 
 are cases of urgency, involving the authority and operations of the 
 general government. Loney's case was of that class. It appeared from 
 the record that he was duly summoned to give his deposition in a 
 contested election case, pending in the House of Representatives of 
 the Congress of the United States — a summons he was obliged to obey, 
 unless prevented by sickness or unavoidable accident, under the penalty
 
 Some General Provisions 019 
 
 of forfeiting a named sum to the party at whose instance he was sum- 
 moned, and of becoming subject to fine and imprisonment, that he 
 appeared before a notary public in obedience to such summons, and 
 proceeded to give his deposition; and that while in the office of an 
 attorney, for the purpose of completing his testimony, he was ar- 
 rested under a warrrant issued by a justice of the peace based upon 
 the affidavit of one of the parties in the contested election case, charg- 
 ing him with wilful perjury, committed in his deposition It is 
 
 clear from this statement that that case was one of urgency, involving, 
 in a substantial sense, the authority and operations of the general 
 Government." 
 
 Exclusive Jurisdiction of the United States. — It will 
 be well, in considering this line of decisions, and ofttiines 
 in viewing just where the jurisdiction of the State Court 
 ends and the jurisdiction of the Federal Court begins, 
 and just where the Federal Court will exercise exclusive 
 jurisdiction, to bear in mind Section 711 of the Revised 
 Statutes of the United States; wherein the Courts of the 
 United States are given exclusive jurisdiction over such 
 matters as are therein named, to wit; all crimes and of- 
 fenses cognizable under the authority of the laws of 
 the United States; all suits for penalties and forfeitures 
 incurred under the laws of the United States; all civil 
 cases of admiralty and maritime jurisdiction; all seizures 
 under the laws of the United States on land or on sea; 
 all cases arising under the patent-right or copy-right 
 laws of the United States; all matters and proceedings 
 in bankruptcy; all controversies of a civil nature, where 
 a State is a party, except between a State and its citi- 
 zens, or between a State and citizens of other States or 
 aliens; and all suits or proceedings against ambassadors 
 or other public ministers or their servants, or against 
 consuls or vice consuls. See Hopkins Judicial Code, 1911. 
 
 § 398. Other Decisions. — In United States vs. Lackey. 
 99 Federal, 952, which was a case arising upon prosecu- 
 tion for alleged violations of Section 5507 and 5508, 
 growing out of indictments for alleged interference with 
 the rights secured by the Fifteenth Amendment, the 
 Court held that neither the Fifteenth Amendment, nor 
 the statutes enacted for its enforcement, were intended 
 in any primary sense, to protect any right or interest of 
 the United States, and the fact that the national Govern-
 
 650 Federal Criminal Law Procedure. 
 
 ment had no direct interest in an election does not affect 
 the applicability of such statutes, or constitute a defense 
 to an indictment for their violation in connection with 
 such election. In other words, this decision holds, and 
 it seems to be the law, that one may be prosecuted in 
 the Federal Courts for a violation of the acts of Congress 
 which are made to give life to the Fifteenth Amendment, 
 even though the rights interfered with under the Fifteenth 
 Amendment were civil rights under the State. 
 
 In in re Welch, 57 Federal, 576, Circuit Judge La- 
 combe held that the question as to whether the State 
 Court has jurisdiction over a pilot indicted for man- 
 slaughter, in causing the death of another person on 
 another boat, by causing the boat in his charge to collide 
 therewith, cannot be raised by an application for a writ 
 of habeas corpus, when the prisoner may raise it by 
 appeal or otherwise in the State Courts, and may carry 
 it thence, should the decision be advised, to the United 
 States Supreme Court by writ of error. 
 
 In in re Waite, 81 Federal, 359, District Judge Shiras 
 held that an officer or agent of the United States engaged 
 in the performance of a duty arising under the laws 
 and authority of the United States, is not liable to a 
 criminal prosecution in the Courts of a State for acts 
 done by him in his official capacity, and such agent or 
 officer need not wait to carry the case to the highest 
 Court, and then, by writ of error, to the United States 
 Supreme Court, but may have his release at once upon 
 habeas corpus, if necessary, since the operations of the 
 Federal Government would in the meantime be obstruct- 
 ed by the confinement of its officer. This decision was 
 affirmed in Campbell vs. Waite, by the Circuit Court of 
 Appeals for the Eighth Circuit, in 88 Federal, page 102. 
 
 In in re Miller, 42 Federal, 307, the Court held that 
 where a United States Marshal is arrested under State 
 authority, on a charge of forgery, the fact that at the time 
 of his arrest he was on his way to serve process issued by 
 a United States Commissioner, did not oust the State 
 authorities from jurisdiction, where it does not appear 
 that he was arrested for any act done in pursuance of
 
 Some General Provisions 651 
 
 Federal authority, or with the intent to interfere with 
 the service of the process in his hands. 
 
 The case of ex parte Geisler, 50 Federal, 411, recites the 
 clause in the counterfeiting statute which authorizes 
 prosecution for that offense in the State Courts, and holds, 
 of course, that the State Courts have power to punish 
 counterfeiting under the State statutes. 
 
 § 399. Pardoning Power — Section 327 of the new 
 Code is in the exact words of old Section 5330, and reads 
 as follows: 
 
 "Sec. 327. Whenever, by the judgment of any court or judicial 
 officer of the United States, in any criminal proceeding, any person is 
 sentenced to two kinds of punishment, the one pecuniary and the 
 other corporeal, the President shall have full discretionary power to 
 pardon or remit, in whole or in part, either one of the two kinds 
 without, in any manner, impairing the legal validity of the other kind, 
 or of any portion of either kind, not pardoned or remitted." 
 
 This section does not mean that a pardon releases the 
 offender from all of the disabilities imposed by the of- 
 fense, to the extent of undoing any rights which have 
 vested in others directly, as property rights, Knote vs. 
 United States, 94 U. S., 157, 24 Law Ed., 442. 
 
 Under the rules of the Department of Justice, those 
 who seek pardons should make their applications direct 
 to the President, who, in turn, refers the papers to the 
 Attorney General, who thereafter refers them to the 
 District Attorney in the proper District, with instruc- 
 tions to report thereon, and obtain, if possible, the views 
 of the trial Judge. Both trial Judges and District At- 
 torneys are requested by the Department of Justice not 
 to make recommendations or give letters for commuta- 
 tion until requested so to do by the Department of Justice. 
 
 § 399a. Pardon — Acceptance of — and President's 
 Power. — In order that a pardon be effective it must be x 
 accepted. Burdick vs. U. S., 236 U. S., 79. Over- 
 ruling U. S. vs. Burdick, 211 Federal, 493. The Presi- 
 dent's power with reference to pardons is constitutional 
 and cannot be abridged by Congress. Thompson vs. 
 Duehay, 217 Federal, 484. The Parole Act of June 25, 
 1910, 36th Statute at Large, 819, will not be so construed 
 as to interfere in any way whatsoever with the constitu-
 
 652 Federal Criminal Law Procedure. 
 
 tional right of the President to pardon as to him may 
 seem proper. Thompson vs. Duehay, 217 Federal, 484. 
 
 Sec. 399 b. Pardon, etc., Continued. 
 
 In Pablo vs. U. S., 242 F. 905, it was held that a tele- 
 gram to the United States attorney from Washington ad- 
 vising that a witness which he presented had been par- 
 doned was sufficient to authorize the court to rule that 
 he could testify. 
 
 § 400. Qualified Verdicts in Certain Cases. — Section 
 330 of the new Code, re-enacts the Act of the fifteen of 
 January, 1897, 29 Stat. L., 487, Second Supplement, 538, 
 and is in the following words: 
 
 "Sec. 330. In all cases where the accused is found guilty of the 
 crime of murder in the first degree, or rape, the jury may qualify their 
 verdict by adding thereto 'without capital punishment,; and whenever 
 the jury shall return a verdict qualified as aforesaid, the person con- 
 victed shall be sentenced to imprisonment for life.-- 
 
 § 401. Body of Executed Offender May be Delivered 
 to Surgeon for Dissection. — Section 5340 of the old stat- 
 utes becomes, in substance, Section 331 of the new Code, 
 as follows: 
 
 "Sec. 331. The court before which any person is convicted of murder 
 in the first degree, or rape, may, in its discretion, add to the judg- 
 ment of death, that the body of the offender be delivered to a surgeon 
 for discretion; and the marshal who executes such judgment shall 
 deliver the body, after execution, to such surgeon as the court may di- 
 rect; and such surgeon, or some person appointed by him, shall receive 
 and take away the body at the time of execution." 
 
 § 402. Who Are Principals.— Section 5323 and 5427 
 becomes 332 of the new Code, in the following words: 
 
 "Sec. 332. Whoever directly commits any act constituting an o:- 
 fense defined in any law of the United States, or aids, abets, counsels, 
 commands, induces, or procures its commission, is a principal." 
 
 § 402a. Aiding and Abetting, Continued. — Under the 
 above section where the accused was charged in differ- 
 ent counts of an indictment, first with aiding and abet- 
 ting another to feloniously introduce intoxicating liquors 
 being a principal in the commission of the same crime, 
 into the Indian Territory, and in another count with
 
 Some General Provisions 65 
 
 •> 
 
 and it appeared that accused ordered and directed his 
 co-defendant to procure and bring in the liquor, acquit- 
 tal of the latter was no objection to a conviction of ac- 
 cused. Rooney vs. U. S., 203 Federal, 928. In the 
 absence of a statute abolishing the distinction between 
 principal and accessory in felonies, all who are present 
 aiding and abetting when a felony is committed are 
 principals in the first or second degree, and if in the 
 second degree may be arrainged and tried before the 
 principal in the first degree, and may be convicted, 
 though the party charged as the principal in the first de- 
 gree is acquitted. Rooney vs. U. S., 203 Federal, 928. 
 It is not necessary where the defendant was charged with 
 knowingly and fraudulently aiding and abetting a bank- 
 rupt corporation, of which he was president and general 
 manager, to conceal its assets from its trustee, that the 
 corporation should be first convicted before the convic- 
 tion of accused. Kaufman vs. U. S., 202 Federal, 614. 
 
 Sec. 402 b. Who are Principals, Continued. 
 
 In Vane vs. U. S., 254 F. 32, it was held that one who 
 aids or abets may be directly charged as a principal and 
 such charge will be supported by evidence that he aided 
 and abetted. 
 
 § 403. Punishment of Accessories. — Section 333 of 
 the new Code comprises the substantial elements of 5533, 
 5534, and 5535 of the old statutes, and is in the following 
 words : 
 
 "Sec. 333 Whoever, except as otherwise expressly provided by law, 
 being an accessory after the fact to the commissions of any offense 
 defined in any law of the United States, shall be imprisoned not ex- 
 ceeding one-half the longest term of imprisonment, or fined not ex- 
 ceeding one-half the largest fine prescribed for the punishment of the 
 pirncipal, or both, if the principal is punishable by both fine and im- 
 prisonment; or if the principal is punishable by death, then an ac- 
 cessory shall be imprisoned not more than ten years." 
 
 § 404. Felonies and Misdemeanors. — Section 335 of 
 the new Code is one of the most important and most 
 practical of the entire Act, because it settles for all time 
 that much mooted question often raised upon challenges
 
 654 Federal Criminal Law Procedure. 
 
 and elsewhere as to when a given offense is a misdemean- 
 or or a felony. The Section is in the following words: 
 
 "§ Sec. 335. All offenses which may be punished by death, or 
 imprisonment for a term exceeding one year, shall be deemed felonies. 
 All other offenses shall be deemed misdemeanors." 
 
 Sec. 404 a. Felonies and Misdemeanors Continued. 
 
 Though a statute denounces an offense as a misdemean- 
 or, if it contains a felonious punishment the offense 
 is a felony and not a misdemeanor, Hoss vs. U. S., 232 
 F. 328. 
 
 § 405. Omission of Words "Hard Labor" Not to De- 
 prive Court of Power to Impose. — Section 338 of the new 
 Code reads as follows: 
 
 "Sec. ;>38. The omission of the words "hard labor" from the pro- 
 visions prescribing the punishment in the various sections of this 
 Act, shall not be construed, as depriving the court of the power to 
 impose labor as a part of the punishment, in any case where such 
 power now exists." 
 
 § 405a. Imprisonment, and Where. — Where the sen- 
 tence is for one year only the Court is without authority 
 to prescribe hard labor as a term of the sentence or to or- 
 der his confinement in a Government penitentiary. Mit- 
 chell vs. U. S., 196 Federal, 874. Sections 5541 and 5542 of 
 the Revised Statutes authorize confinement in a peni- 
 tentiary when the sentence is for a period longer than 
 one year, or to imprisonment and confinement at hard 
 labor. Baird vs. U. S., 196 Federal, 778; Thompson vs. 
 Duehay, 217 Federal, 484. 
 
 Sec. 405 b. "Hard Labor" and Imprisonment, 
 etc., Continued. 
 
 In Robertson vs. U. S., 262 F. 984, it was held that 
 section 338 did not apply to a statute subsequently en- 
 acted. 
 
 The punishment must be over one year in order to 
 authorize a penalty of confinement or to hard labor, Hick- 
 son vs. U. S., 258 F. 867. 
 
 A statute saying "not less than five years" supports 
 a sentence for five, Lee Lin vs. U. S., 250 F. 694. 
 
 Time spent in jail awaiting a habeas corpus writ is 
 to be credited on the penitentiary sentence, Price vs.
 
 Some General Provisions 655 
 
 McGuinness, 269 F. 977. This rule would not be opera- 
 tive unless the prisoner, at the time of his application, 
 has already been committed on his prison warrant, 
 
 As to cumulative sentence, etc., see Brinkman vs. Mor- 
 gan, 253 F. 553. 
 
 § 406. Repealing provisions, Chapter XV. of the new 
 Code which includes Sections 341 to 345, repeal such sec- 
 tions of the old Code as are necessary to make effective 
 the new Code; providing that accrued rights shall not be 
 affected, and announcing that prosecutions and acts of 
 limitations are not affected. 
 
 § 407. Parole of United States Prisoners.— The Act 
 of Congress dated June 25, 1910, provides that the Super- 
 intendent of Prisons of the Department of Justice and 
 the warden and physician of each United States Peni- 
 tentiary, shall constitute a board of parole of such prison, 
 and provides, in general terms, for the release on parole 
 of convicts so recommended by the Board. The Act is 
 in ten sections. 
 
 § 407a. For Construction of Parole Act. — For com- 
 plete construction of the Parole Act, see ex parte Marcie, 
 207 Federal, 809. 
 
 § 408. Witnesses for Poor Accused. — Section 878 of 
 the old statutes provides that when any person is indicted 
 in any Court of the United States who is unable to pay 
 for witnesses in his behalf, he shall make an affidavit 
 setting forth facts in accordance with the terms of the 
 section, in which event the Court orders the process at 
 the expense of the United States. 
 
 The Act of June 25, 1910, authorizes suits, writs of 
 error, etc., by poor persons upon making of certain cer- 
 tificates and oaths therein provided for. 
 
 § 409. Publicity of Contributions. — An Act approved 
 June 25, 1910, provides for the publicity of the contribu- 
 tions made to all political parties, which shall in two or 
 more States influence the result, or attempt to influence 
 the result, of an election at which representatives in Con- 
 gress are to be elected. The Act is in ten sections, and 
 provides in Section 6 that the public statements shall 
 give the name and address of each contributor, the total 
 sum contributed, the total sum of all promises and loans
 
 G5G Federal Criminal Law Procedure. 
 
 and advances, the total sum disbursed, advanced, or 
 promised, and provides a penalty in Section 10, as follows: 
 
 "That every person wilfully violating any of the provisions of this 
 Act shall, upon conviction, be fined not more than one thousand dol- 
 lars or imprisoned not more than one year, or both."
 
 CHAPTER XXIII. 
 
 SMUGGLING. 
 
 § 410. Collection of Duties. 
 
 411. Passengers. 
 
 412. Offenses. 
 
 413. Offenses Continued. 
 
 414. Securing Entry by False Samples. 
 
 415. Concealing or Destruction of Invoices. 
 
 § 410. Collection of Duties. — To make the collection 
 of duties more certain Congress lias provided a few crim- 
 inal statutes among which are the following: 
 
 "Sec. 2802. Whenever any article subject to duty is found in the 
 baggage of any person arriving within the United States, which was 
 not at the time of making entry for such baggage, mentioned to the 
 collector before whom such entry was made, by the person making 
 entry, such article shall be forfeited, and the person in whose bag- 
 gage it is found shall be liable to a penalty of treble the value of such 
 article." 
 
 Section 2799, Revised Statutes United States, which 
 must be read in connection with the foregoing section, 
 provides two independent systems of formalities for the 
 importation of personal effects and merchandise not per- 
 sonal effects, each complete in itself, such section read- 
 ing as follows: 
 
 "Sec. 2799. In order to ascertain what articles ought to be exempt- 
 ed as wearing apparel, and other personal baggage, and the tools 
 or implements of a mechanical trade only, of persons who arrive in 
 the United States, due entry thereof, as of other merchandise, but 
 separate and distinct from that of any other merchandise, imported 
 from a foreign port, shall be made with the collector of the district 
 in which the articles are intended to be landed by the owner thereof, 
 or his agent, expressing the persons by whom or for whom such entry 
 is made, and particularizing the several packages, and their contents, 
 with their marks and numbers; and the person who shall make the 
 entry shall take and subscribe an oath before the collector, declaring 
 that the entry subscribed by him and to which the oath is annexed 
 contains, to the best of his knowledge and belief, a just and true ac- 
 count of the contents of the several packages mentioned in the entry, 
 specifying the name of the vessel, of her master, and of the port from 
 which she has arrived; and that such packages contain no merchan- 
 
 (657) 
 
 42
 
 658 Federal Criminal Law Procedure. 
 
 dise whatever other than wearing apparel, personal baggage, or, as 
 the case may be, tools of trade, specifying it; that they are the 
 property of a person named who has arrived, or is shortly expected 
 to arrive in the United States, and are not directly or indirectly im- 
 ported for any other or intended for sale." 
 
 § 411. Passengers. — It cannot have been intended that 
 both the statutes provided for in Section 2799 should be 
 applicable to merchandise which was imported bv a pas- 
 senger arriving in the United States but which was not 
 attempted to be concealed by addressing it as baggage. 
 United States vs. One Trunk, 175 Federal, 1012. 
 
 Inasmuch as the articles for sale, which accompany a 
 passenger arriving in the United States, are not required 
 to be declared at the same time as the passenger's per- 
 sonal baggage, an intentional mistatement of the value 
 of such articles does not make the articles forfeitable, 
 because the importer was under no obligation to enter 
 them, or declare their value at that time under Section 
 2799, relating to baggage. United States vs. One Trunk, 
 175 Federal, 1012. 
 
 Jewelry worn upon the person openly is held to be sub- 
 ject to declaration as baggage rather than under the 
 regulations for the importation of merchandise. One 
 Pearl Chain vs. United States, 123 Federal, 371. 
 
 Merchandise for sale is not baggage within the mean- 
 ing of this section. United States vs. One Trunk, 175 
 Federal, 1012. 
 
 When one purchases wearing apparel and jewelry for 
 personal use and made a declaration, on board the vessel, 
 "Wearing apparel, value not known," and proceeded to 
 that portion of the vessel roped off for convenient ex- 
 amination of passengers' effects, to give necessary in- 
 formation to complete the entry, he is not liable to have 
 the article seized under Section 2802. United States 
 vs. One Pearl Chain, 139 Federal, 513. 
 
 A declaration by an importer that she had one trunk 
 for "public store," such being the place where upon 
 landing articles are examined and appraised, and later, 
 the filing of a written entry at the Custom House, com- 
 plies with the section under discussion. United States 
 vs. One Trunk, 184 Federal, 317.
 
 Smuggling 659 
 
 The list made out by the passenger should contain 
 sufficient information for the officers to require as to the 
 dutiable character of the contents of baggage. Harts vs. 
 United States, 140 Federal, 843. 
 
 Entry made subsequent to the accrual of the right of 
 forfeiture does not waive such right. United States vs. 
 One Purple Cloth Costume, 158 Federal, 899. 
 
 Mentioning of one trunk under the heading of dutiable 
 articles is sufficient within this section. United States 
 vs. One Trunk, 171 Federal, 772. Fraudulent intent is 
 not necessary to forfeiture. United States vs. Harts, 131 
 Federal, 866; 140 Federal, 843. 
 
 Precious stones found in the pockets of a passenger 
 are forfeitable. Emeralds vs. United States, 154 Federal, 
 839. 
 
 § 412. Offenses. — When this section is knowingly or 
 fraudulently violated a misdemeanor is committed as de- 
 fined in Section 3082, which reads as follows: 
 
 Sec. 3082. If any person shall fraudulently or knowingly import 
 or bring into the United States, or assist in so doing, any merchandise, 
 contrary to law, or shall receive, conceal, buy, sell, or in any manner 
 facilitate the transportation, concealment, or sale of such merchandise 
 after importation, knowing the same to have been imported contrary 
 to law, such merchandise shall be forfeited and the offender shall be 
 fined in any sum not exceeding five thousand dollars nor less than 
 fifty dollars, or be imprisoned for any time not exceeding two years, 
 or both. Whenever, on trial for a violation of this section, the defend- 
 ant is shown to have or to have had possession of such goods, such 
 possession shall be deemed evidence to authorize conviction, unless 
 the defendant shall explain the possession to the satisfaction of the 
 jury. 
 
 Sec. 412 a. Illustrative Cases. 
 
 Rope being brought in for another vessel by sailors is 
 a violation of section 2872, Goldman vs. U. S., 263 F. 340. 
 
 For a forfeiture of feathers see 267 F. 964; for a cattle 
 violation see Estes vs. U. S., 227 F. 818; for a case in- 
 volving a violation, 3082 and 2865 sections R. S. U. S. 
 see Sierra vs. U. S., 233 F. 37. 
 
 For a case based upon a conspiracy to defraud the 
 United States of duties see Smith vs. U. S., 231 F. 25. 
 
 In a prosecution under section 3082 the possession of 
 intoxicating liquor and the admission of tax ownership
 
 660 Federal Criminal Law Procedure. 
 
 is insufficient to show the liquor was wrongfully import 
 ed, the same being Mexican liquor, Sherman vs. U. S., 
 268 F. 516. 
 
 § 413. Offenses, Continued.— Section 2865 of the Old 
 Revised Statutes was repealed by the Forty-third Con- 
 gress, shown on Page 32, First Vol. of Supplement, and 
 among the provisions of the new Act are the following: 
 
 Sec. 4. That whenever any officer of the customs or other person 
 shall detect and seize goods, wares, or merchandise, in the act of being 
 smuggled, or which have been smuggled, he shall be entitled to such 
 compensation therefor as the Secretary of the Treasury shall award 
 not exceeding in amount one-half of the net proceeds, if any, resulting 
 from such seizure, after deducting all duties, costs and charges con- 
 nected therewith: 
 
 Provided, That for the purposes of this act smuggling shall be con- 
 strued to mean the act, with intent to defraud, of bringing into the 
 United States, or, with like intent, attempting to bring into the 
 United States, dutiable articles without passing the same, or the 
 package containing the same, through the custom house, or submitting 
 them to the officers of the revenue for examination. 
 
 And whenever any person not an officer of the United States shall 
 furnish to a district attorney, or to any chief officer of the customs, 
 original information concerning any fraud upon the customs-revenue, 
 perpetrated or contemplated, which shall lead to recovery of any 
 duties withheld, or of any fine, penalty, or forfeiture incurred, whether 
 by importers or their agents, or by any officer or person employed in 
 the custom-service, such compensation may, on such recovery be 
 paid to such person so furnishing information as shall be just and 
 reasonable, not exceeding in any case the sum of five thousand dollars; 
 which compensation shall be paid, under the direction of the Secre- 
 tary of the Treasury, out of any money appropriated for that pur- 
 pose. 
 
 Sec. 5. That in all suits and proceedings other than criminal 
 arising under any of the revenue-laws of the United States, the attor- 
 ney representing the Government whenever, in his belief, any busi- 
 ness-book, invoice, or paper, belonging to or under the control of the 
 defendant or claimant, will tend to prove any allegation made by the 
 United States, may make a written motion, particularly describing 
 such book, invoice, or paper, and setting forth the allegation which 
 he expects to prove; and thereupon the court in which the suit or 
 proceeding is pending may, at its discretion, issue a notice to the 
 defendant or claimant to produce such book, invoice, or paper in 
 court, at a day and hour to be specified in said notice, which together 
 with a copy of said motion, shall be served formally on the defendant 
 or claimant by the United States marshal by delivering to him a 
 certified copy thereof, or otherwise serving the same as original 
 notices of suit in the same court are served;
 
 Smuggling 661 
 
 And if the defendant or claimant shall fail or refuse to produce 
 such book, invoice, or paper in obedience to such notice, the allegations 
 stated in the said motion shall be taken as confessed unless his fail- 
 ure or refusal to produce the same shall be explained to the satis- 
 faction of the court. 
 
 And if produced, the said attorney shall be permitted, under the 
 direction of the court, to make examination (at which examination 
 the defendant or claimant, or his agent, may be present) of such en- 
 tries in said book, invoice, or paper as relate to or tend to prove the 
 allegation aforesaid, and may offer the same evidence on behalf of the 
 United States. 
 
 But the owner of said books and papers, his agent or attorney, 
 shall have, subject to the order of the court, the custody of them, 
 except pending their examination in court as aforesaid. 
 
 Sec. 6. That no payment shall be made to any person furnishing 
 information in any case wherein judicial proceedings shall have been 
 instituted, unless his claim to compensation shall have been estab- 
 lished to the satisfaction of the court or judge having cognizance 
 of such proceedings, and the value of his services duly certified by 
 said court or judge for the information of the Secretary of the Treas- 
 ury, but no certificate of the value of such services shall be conclusive 
 of the amount thereof. 
 
 And when any fine, penalty, or forfeiture shall be collected with- 
 out judicial proceedings, the Secretary of the Treasury shall, before 
 directing payment to any person claiming such compensation, require 
 satisfactory proof that such person is justly entitled thereto. 
 
 Sec. 7. That except in cases of smuggling as aforesaid, it shall 
 not be lawful for any officer of the United States, under any pretense 
 whatever, directly or indirectly, to receive, accept, or contract for 
 any portion of the money which may, under any of the provisions 
 of this or any other act, accrue to any such person furnishing infor- 
 mation; and any such officer who shall so receive, accept, or contract 
 for any portion of the money that may accrue as aforesaid shall be 
 guilty of a misdemeanor, and, on conviction thereof, shall be liable to 
 a fine not exceeding five thousand dollars, or imprisonment for not 
 more than one year, or both, in the discretion of the court, and shall 
 not be thereafter eligible to any office of honor, trust, or emolument. 
 
 And any such person so furnishing information as aforesaid, who 
 shall pay to any officer of the United States, or to any person for 
 his use, directly or indirectly, any portion of said money, or any other 
 valuable thing, on account of or because of such money, shall have u 
 right of action against such officer or other person, and his legal 
 representatives, to recover back the same, or the value thereof. 
 
 Sec. 8. That no officer, or. other person entitled to or claiming 
 compensation under any provision of this act, shall be thereby dis- 
 qualified from becoming a witness in any action, suit, or proceeding 
 for the recovery, mitigation, or remission thereof, but shall be sub- 
 ject to examination and cross-examination in like manner with other
 
 662 Federal Criminal Law Procedure. 
 
 witnesses, without being thereby deprived of any right, title, share, or 
 interest in any fine, penalty, or forfeiture to which such examination 
 may relate; and in every such case the defendant or defendants may ap- 
 pear and testify and be examined and cross-examined in like man- 
 mer. 
 
 [Sections 9, 10, 11, 12, 14 and 16 expressly repealed by 1890, June 
 10, ch. 407 No. 29, p. 755.] 
 
 Sec. 13. That any merchandise entered by any person or persons 
 violating any of the provisions of the preceding section (1) but not 
 subject to forfeiture under the same section, may while owned by 
 him or them, or while in his or their possession, to double the amount 
 claimed, be taken by the collector and held as security for the pay- 
 ment of any fine or fines incurred as aforesaid, or may be levied upon 
 and sold on execution to satisfy any judgment recovered for such fine 
 or fines. 
 
 But nothing herein contained shall prevent any owner or claimant 
 from obtaining a release of such merchandise on giving a bond, with 
 sureties satisfactory to the collector, or, in case of judicial proceedings 
 satisfactory to the court, or the judge thereof, for the payment of any 
 fine or fines so incurred: Provided, however, That such merchandise 
 shall in no case be released until all accrued duties thereon shall 
 have been paid or secured. 
 
 Sec. 14. [Expressly appealed by 1890, June 10, Chapter 407 No. 29. 
 post p. 755.] 
 
 Sec. 15. That it shall be the duty of any officer or person employed 
 in the customs-revenue service of the United States, upon detection 
 of any violation of the custom-laws, forthwith to make complaint 
 thereof to the collector of the district, whose duty it shall be promptly 
 to report the same to the district attorney of the district in which 
 such fraud shall be committed. 
 
 Immediately upon the receipt of such complaint, if, in his judgment, 
 it can be sustained, it shall be the duty of such district attorney to 
 cause investigation into the facts to be made before a United States 
 Commissioner having jurisdiction thereof, and to initate proper pro- 
 ceedings to recover the fines and penalties in the premises, and to 
 prosecute the same with the utmost diligence to final judgment. 
 
 Sec. 16. [Repealed by 1890, June 10, ch. 407 No. 29, post p. 755.] 
 
 Sec. 17. That whenever, for an alleged violation of the customs- 
 revenue laws, any person who shall be charged with having incurred 
 any fine, penalty, forfeiture, or disability, other than imprisonment, 
 or shall be interested in any vessel or merchandise seized or subject 
 to seizure, when the appraised value of such vessel or merchandise 
 is not less than one thousand dollars, shall present his petition to 
 the judge of the district in which the alleged violation occurred, or 
 in which the property is situated, setting forth, truly and particular- 
 ly, the facts and circumstances of the case, and praying for relief, 
 such judge shall, if the case, in his judgment, requires, proceed to 
 inquire, in a summary manner into the circumstances of the case,
 
 Smuggling 663 
 
 at such reasonable time as may be fixed by him for that purpose, of 
 which the district attorney and the collector shall be notified by the 
 petitioner, in order that they may attend and show cause why the 
 petition should be refused. 
 
 Sec. 18. That the summary investigation hereby provided for, 
 may be held before the judge to whom the petition is presented, or 
 if he shall so direct, before any United States Commissioner for such 
 district, and the facts appearing thereon shall be stated and annexed 
 to the petition, and, together with a certified copy of the evidence, 
 transmitted to the Secretary of the Treasury, who shall thereupon 
 have power to mitigate or remit such fine, penalty, or forfeiture, or 
 remove such disability, or any part thereof, if, in his opinion, the same 
 shall have been incurred without wilful negligence or any intention 
 of fraud in the person or persons incurring the same, and to direct 
 the prosecution, if any shall have been instituted for the recovery 
 thereof, to cease and be discontinued upon such terms or conditions 
 as he may deem reasonable and just. 
 
 Sec. 19. That it shall not be lawful for any officer or officers of the 
 United States to compromise or abate any claim of the United States 
 arising under the custom laws, for any fine, penalty, or forfeiture in- 
 curred by a violation thereof; and any officer or person who shall 
 so compromise or abate any such claim, or attempt to make such com- 
 promise or abatement, or in any manner relieve or attempt to re- 
 lieve from such fine, penalty, or forfeiture, shall be deemed guilty of 
 a felony, and, on conviction thereof, shall suffer imprisonment not 
 exceeding ten years, and be fined not exceeding ten thousand dollars: 
 Provided, however, That the Secretary of the Treasury shall have 
 power to remit any fines, penalties, or forfeitures, or to compromise 
 the same, in accordance with existing law. 
 
 Sec. 20. That whenever any application shall be made to the Secre- 
 tary of the Treasury for the mitigation or remission of any fine, 
 penalty, or forfeiture, or the refund of any duties, in case the amount 
 involved is not less than one thousand dollars, the applicant shall 
 notify the district attorney and the collector of customs of the district 
 in which the duties, fine, penalty, or forfeiture accrued; and it shall 
 be the duty of such collector and district attorney to furnish to the 
 Secretary of the Treasury all practicable information necessary to 
 enable him to protect the interests of the United States. 
 
 Sec. 21. That whenever, any goods, wares, and merchandise shall 
 have been entered and passed free of duty, and whenever duties upon 
 any imported goods, wares, and merchandise shall have been liquidated 
 and paid, and such goods, wares and merchandise shall have been 
 delivered to the owner, importer, agent, or consignee, such entry and 
 passage free duty and such settlement of duties shall, after the ex- 
 piration of one year from time of entry, in the absence of fraud and 
 in the absence of protest by the owner, importer, agent or consignee, 
 be final and conclusive upon all parties.
 
 664 Federal Criminal Law Procedure. 
 
 Sec. 22. That no suit or action to recover any pecuniary penalty 
 or forfeiture of property accruing under the customs revenue laws 
 of the United States shall be instituted unless such suit or action 
 shall be commenced within three years after the time when such 
 penalty or forfeiture shall have accrued. 
 
 Provided, That the time of the absence from the United States of 
 the person subject to such penalty or forfeiture, or of any concealment 
 or absence of the property, shall not be reckoned within this period 
 of limitation. 
 
 § 414. Securing entry by False Samples. — Section 
 69 of the new Code Act, 1909, reads as follows: 
 
 "Whoever by any means whatever shall knowingly effect or aid in 
 effecting any entry of goods, wares, or merchandise at less than the 
 true weight or measure thereof, or upon a false classification thereof 
 as to quality or value, or by the payment of less than the amount 
 of duty legally due thereon, shall be fined not more than five thousand 
 dollars, or imprisoned not more than two years, or both." 
 
 This was old Section 5445: see United States vs. Law- 
 rence, 13 Batch 211, United States vs. Betteline First 
 Woods, 654. 
 
 Section 68 of the new Code makes it an offense for 
 any revenue officer to admit merchandise for less than 
 the legal duty, and provides the same punishment as 
 Section 69: this was old Section 5444. 
 
 Sec. 414 a. Customs Continued. 
 
 For a case showing a conspiracy to defraud the govern- 
 ment by illegal importation, etc., see Stager vs. U. S., 
 233 F. 510. 
 
 § 415. Concealing or Destruction of Invoices, Etc. — 
 Old Section 5443 becomes new Section 64, and is in the 
 following wording: 
 
 Whoever shall wilfully conceal or destroy any invoice, book, or 
 paper relating to any merchandise liable to duty, which has been or 
 may be imported into the United States from any foreign port or 
 country, after an inspection thereof has been demanded by the collect- 
 or of any collection district, or shall at any time conceal or destroy 
 any such invoice, book, or paper for the purpose of surpressing any 
 evidence of fraud therein contained, shall be fined not more than five 
 thousand dollars, or imprisoned not more than two years, or both. 
 
 Sec. 415 a. Custom Decisions.
 
 Smuggling 665 
 
 For indictment for unlawful transportation under sub- 
 section 9, section 28, Act of August 5, 1909, see 230. F. 
 311. 
 
 There must be no unreasonable searches in the attempt 
 to enforce the custom laws, 230 F. 313; U. S. vs. Abrams, 
 230 F. 313. 
 
 Section 3061 R. S. U. S. for forfeiture of merchandise 
 which could be entered at a custom house which was 
 not does not apply to liquor and a vehicle carrying it 
 must be forfeited under prohibition act only, Goodhope, 
 268 F. 694. 
 
 Bullion which has been imported will be forfeited for 
 failure to make entrv and pay tax, Shaar vs. U. S., 269 
 F. 26. 
 
 Master of vessel is not required to show on his manifest 
 contraband such as opium, under R. S. U. S. 2809, U. S. 
 v. Reed, 274 F. 724.
 
 CHAPTER XXIIIA. 
 
 Sec. 415b. 
 
 Sec. 
 
 415c. 
 
 Sec. 
 
 415d. 
 
 Sec. 
 
 415e. 
 
 Sec. 
 
 415f. 
 
 Sec. 
 
 415g. 
 
 Sec. 
 
 415h. 
 
 Sec. 
 
 415i. 
 
 Sec. 
 
 415j. 
 
 Sec. 
 
 415k. 
 
 Sec. 
 
 4151. 
 
 Sec. 
 
 415m 
 
 Sec. 
 
 415n. 
 
 Sec. 
 
 415o. 
 
 Sec. 
 
 415p. 
 
 Sec. 
 
 415q. 
 
 Sec. 
 
 415r. 
 
 Sec. 415s. 
 
 Sec. 
 
 41 5u. 
 
 Sec. 
 
 415v. 
 
 Sec. 
 
 415w. 
 
 Sec. 
 
 415x. 
 
 Sec. 
 
 415y. 
 
 Sec. 
 
 415z. 
 
 Sec. 
 
 415z.z 
 
 OTHER OFFENSES. 
 
 Tax on sale of grain for future delivery, etc.; tax on 
 privileges or options for contracts for future delivery; 
 bushel tax on grain for future delivery; exceptions, de- 
 signation as contract market; appeal to Circuit Court of 
 Appeals; payment and collection of taxes; violation of 
 act, penalties. 
 Stockyard regulations. 
 Embezzlement by court officers. 
 
 Contributions to influence election of members of Congress. 
 Farm Loan Statutes and penalties. 
 Hoarding of Food and Fuel. 
 
 Hunting birds or taking eggs from breeding grounds. 
 Injuries to telegraph and telephone. 
 Killing or detention of homing pigeons. 
 Contributions by corporations. 
 Shanghaiing of sailors. 
 War Risk Insurance protection. 
 
 Criminal correspondence with foreign governments. 
 Submitting false evidence as to second class mail matter. 
 Using or selling cancelled stamps, etc., and removal of 
 stamps from mail. 
 
 Criminal prosecution for wilfull infringment of copyright 
 Sale or introduction of intoxicating liquors — Indian Coun- 
 try. 
 
 Embezzlement, etc., public money by banker or person 
 receiving unauthorized deposits. 
 Political contributions. 
 
 Commutation of sentence for good behavior and parole. 
 Law of perjury applicable to search warrant. 
 Proof of grounds and probable cause. 
 Limitations. 
 Venue. 
 
 , Carriers — indictment for falsifying account of interstate 
 carrier. 
 
 Sec. 415 b. Tax on Sale of Grain for Future Deliv- 
 ery, etc., On August 24, 1921, the Congress passed the 
 following act. 
 
 (1). This Act shall be known by the short title of 
 "The Future Trading Act." 
 
 (2). For the purposes of this Act "contract of sale" 
 shall be held to include sales, agreements of sale, and 
 
 (666)
 
 Other Offenses 667 
 
 agreements to sell. That the word "person" shall be 
 construed to import the plural or singular and shall in- 
 clude individuals, associations, partnerships, corpora- 
 tions, and trusts. That the word "grain shall be construed 
 to mean wheat, corn, oats, barley, rye, flax and sor- 
 ghum. The term "future delivery," as used herein, shall 
 not include any sale of cash grain or deferred shipment 
 or delivery. The words "board of trade" shall be held 
 to include and mean any exchange or association, whether 
 incorporated or unincorporated, of persons who shall be 
 engaged in the business of buying or selling grain or 
 receiving the same for sale on consignment. The act, 
 omission, or failure of any official, agent, or other person 
 acting for any individual, association, partnership, cor- 
 poration, or trust within the scope of his employment or 
 office shall be deemed the act, omission, or failure of 
 such individual, association, partnership, corporation, or 
 trust, as well as of such official agent, or other person. 
 
 § 3. Tax on privileges or options for contracts for 
 purchases or sales of grain for future delivery; amount. 
 
 In addition to the taxes now imposed by law there is 
 hereby levied a tax amounting to 20 cents per bushel on 
 each bushel involved therein, whether the actual com- 
 modity is intended to be delivered or only nominally re- 
 ferred to, upon each and every privilege or option for a 
 contract either of purchase or sale of grain, intending 
 hereby to tax only the transactions known to the trade 
 as "privileges," "bids," "offers," "puts and calls," 
 "indemnities," or "ups and downs." 
 
 § 4. Bushel tax on grain purchased or sold for future 
 delivery; amount; exceptions. 
 
 In addition to the taxes now imposed by law there is 
 hereby levied a tax of 20 cents a bushel on every bushel 
 involved therein, upon each contract of sale of grain for 
 future delivery except — 
 
 (a) Where the seller is at the time of the making of 
 such contract the owner of the actual physical property 
 covered thereby, or is the grower thereof, or in case 
 either party to the contract is the owner or renter of land 
 on which the same is to be grown, or is an association of
 
 66S Federal Criminal Law Procedure. 
 
 such owners, or growers of grain, or of such owners of 
 renters of land; or 
 
 (b) Where such contracts are made by or through a 
 member of a board of trade which has been designated 
 by the Secretary of Agriculture as a "contract market," 
 as hereinafter provided, and if such contract is evi- 
 denced by a memorandum in writing which shows the 
 date, the parties to such contract and their addresses, 
 the property covered and its price, and the terms of de- 
 liveiy, and provided that each board member shall keep 
 such memorandum for a period of three years from the 
 date thereof, or for a longer perior if the Secretary of 
 Agriculture shall so direct which record shall at all times 
 be open to the inspection of any representative of the 
 United States Department of Agriculture or the United 
 States Department of Justice. 
 
 (5). The Secretary of Agriculture is hereby author- 
 ized and directed to designate boards of trade as "con- 
 tract markets" when, and only when, such boards of 
 trade comply with the following conditions and require- 
 ments: 
 
 (a). When located at a terminal market upon which 
 cash grain is sold in sufficient volumes and under such 
 conditions as fairly to reflect the general value of the 
 grain and the difference in value between the various 
 grades of grain, and having recognized official weighing 
 and inspection service. 
 
 (b). When the governing board thereof provides for 
 the making and filing, by the board or any member there- 
 of, as the Secretary of Agriculture may direct, of re- 
 ports in accordance with the rules and regulations, and 
 in such manner and form and at such times as may be 
 prescribed by the Secretary of Agriculture, showing the 
 details and terms of all transactions entered into by the 
 board, or the members thereof, either in cash transac- 
 tions consummated at, on, or in a board of trade, or 
 transactions for future delivery, and when such govern- 
 ing board provides, in accordance with such rules and 
 regulations, for the keeping of a record by the board or 
 the members of the board of trade, as the Secretary of 
 Agriculture may direct, showing the details and terms
 
 Other Offenses 669 
 
 of all cash and future transactions entered into by them, 
 consummated at, on, or in a board of trade, such record 
 to be in permanent form, showing the parties to all such 
 transactions, any assignments or transfers thereof, with 
 the parties thereto, and the manner in which said trans- 
 actions are fulfilled, discharged, or terminated. Such 
 record shall be required to be kept for a period of three 
 years from the date thereof, or for a longer period if 
 the Secretary of Agriculture shall so direct, and shall 
 at all times be open to the inspection of any representa- 
 tive of the United States Department of Agriculture or 
 United States Department of Justice. 
 
 (c). When the governing board thereof prevents the 
 dissemination, by the board of any member thereof, of 
 false, misleading, or inaccurate report, concerning crop 
 or market information or conditions that affect or tend 
 to affect the price of commodities. 
 
 (d). When the governing board thereof provides for 
 the prevention of manipulation of prices, or the corner- 
 ing of any grain, by the dealers or operators upon such 
 board. 
 
 (e). When the governing board thereof admits to 
 membership thereof and all privileges thereon on such 
 boards of trade any duly authorized representative of 
 any lawfully formed and conducted cooperative associa- 
 tions of producers having adequate financial responsi- 
 bility: Provided, That no rule of a contract market 
 against rebating commissions shall apply to the dis- 
 tribution of earnings among the bona fide members of 
 any such cooperative association. 
 
 (f). When the governing board shall provide for 
 making effective the final orders or decisions entered 
 pursuant to the provisions of paragraph (b) section 6 
 of this Act. 
 
 6. Refusal, suspension or revocation or designation 
 as contract market; appeal to circuit court of appeals; 
 refusal of trading privileges with contract markets; ap- 
 peal. 
 
 Any board of trade desiring to be designated a "con- 
 tract market" shall make application to the Secretary 
 of Agriculture for such designation and accompany the
 
 670 Federal Criminal Law Procedure. 
 
 same with a showing that it complies with the above 
 conditions, and with a sufficient assurance that it will 
 continue to comply with the above requirements. 
 
 (a). A commission composed of the Secretary of Ag- 
 riculture, the Secretary of Commerce, and the Attorney 
 General is authorized to suspend for a period not to 
 exceed six months or to revoke the designation of any 
 board of trade as a "contract market" upon a showing 
 that such board of trade has failed or is failing to com- 
 ply with the above requirements or is not enforcing its 
 rules of government made a condition of its designation 
 as set forth in section 5. Such suspension or revocation 
 shall only be after a notice to the officers of the board of 
 trade affected and upon a hearing: Provided, That such 
 suspension or revocation shall be final and conclusive un- 
 less within fifteen days after such suspension or revoca- 
 tion by the said commission such board of trade appeals 
 to the circuit court of appeals for the circuit in which it 
 has its principal place of business by filing with the 
 clerk of such court a written petition praying that the 
 order of the said commission be set aside or modified 
 in the manner stated in the petition, together with a bond 
 in such sum as the court may determine, conditioned 
 that such board of trade will pay the costs of the pro- 
 ceedings of the court so directs. The clerk of the court 
 in which such a petition is filed shall immediately cause 
 a copy thereof to be delivered to the Secretary of Ag- 
 riculture, chairman of said commission or any member 
 thereof, and the said commission shall forthwith pre- 
 pare, certify, and file in the court a full and accurate 
 transcript of the record in such proceedings, including 
 the notice to the board of trade, a copy of the charges, 
 the evidence, and the report and order. The testimony 
 and evidence taken or submitted before the said com- 
 mission duly certified and filed as aforesaid as a part of 
 the record, shall be considered by the court as the evi- 
 dence in the case. The proceedings in such cases in 
 the circuit court of appeals shall be made a perferred 
 cause and shall be expedited in every way. Such a court 
 may affirm or set aside the order of the said commission 
 or may direct it to modify its order. No such order of
 
 Othee Offenses 671 
 
 the said commission shall be modified or set aside by 
 the circuit court of appeals unless it is shown by the 
 board of trade that the order is unsupported by the 
 weight of the evidence or was issued without due notice 
 and a reasonable opportunity having been afforded to 
 such board of trade for a hearing, or infringes the Con- 
 stitution of the United States, or is beyond the juris- 
 diction of said commission: Provided further, That if 
 the Secretary of Agriculture shall refuse to designate 
 as a contract market any board of trade that has made 
 application therefor, then such board of trade may ap- 
 peal from such refusal to the commission described there- 
 in, consisting of the Secretary of Agriculture, the Sec- 
 retary of Commerce, and the Attorney General of the 
 United States, with the right to appeal as provided for 
 in other cases in this section, the decision on such appeal 
 to be final and binding on all parties interested. 
 
 (b). If the Secretary of Agriculture has reason to 
 believe that any person is violating any of the provisions 
 of this Act, or is attempting to manipulate the market 
 price of any grain in violation of the provisions of sec- 
 tion 5 hereof, or of the rules or regulations made pur- 
 suant to its requirements, he may serve upon such per- 
 son a complaint stating his charge in that respect, to 
 which complaint shall be attached or contained therein 
 a notice of hearing, specifying a day and place not less 
 than three days after the service thereof, requiring such 
 person to show cause why an order should not be made 
 directing that all contract markets until further notice 
 of the said commission refuse all trading privileges 
 thereon to such person. Said hearing may be held in 
 Washington, District of Columbia, or elsewhere, before 
 the said commission, or before a referee designated by 
 the Secretary of Agriculture who shall cause all evi- 
 dence to be reduced to writing and forthwith transmit 
 the same to the Secretary of Agriculture as chairman 
 of the said commission. That for the purpose of secur- 
 ing effective enforcement of the provisions of this Act 
 the provisions including penalties, of section 12 of the 
 Interstate Commerce Act, as amended, relating to the 
 attendance and testimony of witnesses, the production
 
 672 Federal Criminal Law Procedure. 
 
 of documentary evidence, and the immunity of witnesses, 
 are made applicable to the power, jurisdiction, and au- 
 thority of the Secretary of Agriculture, the said com- 
 mission, or said referee in proceedings under this Act, 
 and to persons subject to its provisions. Upon evidence 
 received the said commission may require all contract 
 markets to refuse such person all trading privileges 
 thereon for such period as may be specified in said order. 
 Notice of such order shall be sent forthwith by regis- 
 tered mail or delivered to the offending person and to 
 the governing boards of said contract markets. After 
 the issuance of the order by the commission, as afore- 
 said, the person against whom it is issued may obtain 
 a review of such order or such other equitable relief as 
 to the court may seem just by filing in the United States 
 circuit court of appeals of the circuit in which the peti- 
 tioner is doing business a written petition praying that 
 the order of the commission be set aside. A copy of 
 such petition shall be forthwith served upon the com- 
 mission by delivering such copy to its chairman, or to 
 any member thereof, and thereupon the commission shall 
 forthwith certify and file in the court a transcript of the 
 record theretofore made, including evidence received. 
 Upon the filing of the transcript the court shall have 
 jurisdiction to affirm, to set aside, or modify the order 
 of the commission, and the findings of the commission 
 as to the facts, if supported by the weight of evidence, 
 shall in like manner be conclusive. In proceedings under 
 
 paragraphs (a) and (b) the judgment 
 
 and decree of the court shall be final, except that the 
 same shall be subject to review by the Supreme Court 
 upon certiorari, as provided in section 240 of the Ju- 
 dicial Code. 
 
 § 7. Payment and collection of tax. 
 
 The tax provided for herein shall be paid by the seller, 
 and such tax shall be collected either by the affixing of 
 stamps or by such other method as may have been pre- 
 scribed by the Secretary of the Treasury by regulations, 
 and such regulations shall be published at such times 
 and in such manner as shall be determined by the Sec- 
 retary of the Treasury.
 
 Other Offenses 673 
 
 § 8. Vacation of designation as contract market on 
 application of board of trade. 
 
 Any board of trade that lias been designated a con- 
 tract market, in the manner herein provided, may have 
 such designation vacated and set aside giving notice in 
 writing to the Secretary of Agriculture requesting that 
 its designation as a contract market be vacated, which 
 notice shall be served at least ninety days prior to the 
 date named therein, as the date when the vacation of 
 designation shall take effect. Upon receipt of such 
 notice the Secretary of Agriculture shall forthwith or- 
 der the vacation of the designation of such board of 
 trade as a contract market, effective upon the day named 
 in the notice, and shall forthwith send a copy of the 
 notice and his order to all other contract markets. From 
 and after the date upon which the vacation became ef- 
 fective, the said board of trade can thereafter be desig- 
 nated again a contract market by making application 
 to the Secretary of Agriculture in the manner herein pro- 
 vided for an original application. 
 
 § 9. Investigations by Secretary of Agriculture. 
 
 The Secretary of Agriculture may make such investi- 
 gations as he may deem necessary to ascertain the facts 
 regarding the operations of boards of trade and may 
 publish from time to time, in his discretion, the result 
 of such investigation, and such statistical information 
 gathered therefrom, as he may deem of interest to the 
 public, except data and information which would sepa- 
 rately disclose the business transactions of any person, 
 and trade secrets or names of customers: Provided, 
 That nothing in this section shall be construed to pro- 
 hibit the Secretary of Agriculture from making or issu- 
 ing such reports as he may deem necessary, relative to 
 the conduct of any board of trade, or of the transactions 
 of any person found guilty of violating the provisions 
 of this Act under the proceedings prescribed in section 
 6 of this Act: Provided further, That the Secretary of 
 Agriculture in any report may include the facts as to 
 any actual transaction. The Secretary of Agriculture, 
 upon his own initiative or in cooperation with existing 
 governmental agencies, shall investigate marketing con- 
 
 43
 
 674 Federal Criminal Law Procedure. 
 
 ditions of grain and grain products and by-products in- 
 cluding supply and demand for these commodities, cost 
 to the consumer and handling and transportation 
 charges. He shall likewise compile and furnish to pro- 
 ducers, consumers, and distributors, by means of regular 
 or special reports, or by such methods as he may deem 
 most effective, information respecting the grain mar- 
 kets, together with information on supply, demand, 
 prices, and other conditions, in this and other countries 
 that affect the markets. 
 
 § 10. Violations of act; penalty. 
 
 Any person who shall fail to evidence any such con- 
 tract by a memorandum in writing, or to keep the record, 
 or make a report, or who shall fail to pay the tax, as 
 provided in sections 4 and 5 hereof, or who shall fail 
 to pay the tax required in section 3 hereof, shall pay in 
 addition to the tax a penalty equal to 50 per centum of 
 the tax levied against him under this Act and shall be 
 guilty of a misdemeanor, and upon conviction thereof, 
 be fined not more than $10,000 or imprisoned for not more 
 than one year, or both, together with the costs of prose- 
 cution. 
 
 § 11. Partial invalidity of act. 
 
 If any provision of this Act or the application thereof 
 to any person or circumstances as held invalid, the va- 
 lidity of the remainder of the Act and of the application 
 of such provision to other persons and circumstances 
 shall not be affected thereby. 
 
 § 12. Time of taking effect of act. 
 
 No tax shall be imposed' by this Act within four months 
 after its passage, and no fine, imprisonment, or other 
 penalty shall be. enforced for any violation of this Act 
 occurring within four months after its passage. 
 
 § 13. Powers of Secretary of Agriculture. 
 
 The Secretary of Agriculture may cooperate with any 
 department or agency of the Government, any State, 
 Territory, District, or possession, or department, agency 
 or political subdivision thereof, or any person; and shall 
 have the power to appoint, remove, and fix the compen- 
 sation of such officers and employees, not in conflict witli 
 existing law, and make such expenditures for rent out-
 
 Other Offenses 675 
 
 side the District of Columbia, printing, telegrams, tele- 
 phones, law books, books of reference, periodicals, furni- 
 ture, stationery, office equipment, travel, and other sup- 
 plies and expenses as shall be necessary to the adminis- 
 tration of this Act in the District of Columbia and else- 
 where, and there is hereby authorized to be appropri- 
 ated, out of any moneys in the Treasury not otherwise 
 appropriated, such sums as may be necessary for such 
 purposes. 
 
 Sec. 415c. Stockyard Regulations. 
 
 On August 15, 1921, the Congress passed the statute 
 for the regulation of stockyards and market agencies 
 providing certain regulations for the use of pens for 
 cattle, sheep, swine, horses, mules and goats and placed 
 them under the supervision of the Secretary of Agri- 
 culture and declared against unjust and unreasonable 
 and discriminatory services and authorized the recovery 
 of five hundred dollars in a civil suit for each violation 
 of the act, such suit to be brought in the name of the 
 United States by the District Attorneys under the di- 
 rection of the Attorney General. 
 
 Sec. 415d. Embezzlement by Court Officers. 
 
 The Act of May 29, 1920, reads as follows:— 
 
 Any United States marshal, clerk, receiver, referee, 
 trustee, or other officer of a United States court, or any 
 deputy, assistant, or employee of any such marshal, 
 clerk, receiver, referee, trustee, or other officer who shall, 
 after demand by the party entitled thereto, unlawfully 
 retain or who shall convert to his own use or to the use 
 of another any moneys received for or on account of 
 costs or advance deposits to cover fees, expenses, or 
 costs, deposits for fees or expenses in bankruptcy cases, 
 composition funds or money of bankrupt estates, fees 
 in naturalization matters, or any other money whatever 
 which has come into his hands by virtue of his official 
 relation or by the fact of his official position or employ- 
 ment shall be deemed guilty of embezzlement and shall, 
 where the offense is not otherwise punishable by some 
 statute of the United States, be fined not more than 
 double the value of the money thus retained or con- 
 verted or imprisoned not more than ten years, or both;
 
 676 Federal Criminal Law Procedure. 
 
 and it shall not be a defense in such case that the ac- 
 cused person had an interest, contingent or otherwise, 
 in some part of such moneys or of the fund from which 
 they were retained or converted. 
 
 Sec. 415e. Contributions to Influence Election of 
 Members of Congress. 
 
 The Act of June 25, 1910, C. 392, 36 Stat. 822, makes 
 provisions regulating election contributions and cam- 
 paign expenses for representatives in Congress and pro- 
 vides a penalty for a wilfull violation thereof of not more 
 than a thousand dollar fine or imprisonment not more 
 than one year or both, pages 58-62 Barnes 1919 Fed. 
 Code. 
 
 Sec. 415f. Farm Loan Statute and Penalties. 
 
 The Act of July 17, 1916, C. 245, 39 Stat. 382, provides 
 for the creation of a farm loan board and bureau and 
 federal land banks and national farm loan associations 
 and for the appraisal of land upon which loans were to 
 be made and for the issuance of farm loan bonds and for 
 the amortization of the loan, the exemption from taxation 
 of such operations, the examination of such banks and 
 other provisions and then provides a punishment for any 
 applicant who should make any false statement in his ap- 
 plication for a loan, for any member of a loan committee 
 or appraiser who should wilfully overvalue any land of- 
 fered as security and for any examiner who should ac- 
 cept any loan or gratuity from any land bank and for 
 any one who should forge or counterfeit any bond or 
 paper in imitation of similiar instruments of said or- 
 ganizations, of a fine not exceeding five thousand dollars 
 or by imprisonment not exceeding one year or both and 
 for the latter offense the same fine or imprisonment not 
 exceeding five years or both. 
 
 This is new legislation and covers in detail with ap- 
 propriate penalties the violation of all of the essential 
 provisions of the Act. 
 
 Sec. 415g. Hoarding of Food and Fuel. 
 
 In the Act of August 10, 1917, C. 53, Sec. 26, 40 Stat. 
 286, is the following section: "Any person carrying on 
 or employed in commerce among the several States, or 
 with foreign nations, or with or in the Territories or
 
 Other Offenses 677 
 
 other possessions of the United States in any article suit- 
 able for human food, fuel or other necessities of life, 
 who, either in his individual capacity or as an officer, 
 agent, or employee of a corporation or member of a part- 
 nership carrying on or employed in such trade, shall 
 store, acquire, or hold, or who shall destroy or make 
 away with any such article for the purpose of limiting 
 the supply thereof to the public or affecting the market 
 price thereof in such commerce, whether temporarily or 
 otherwise, shall be deemed guilty of a felony and, upon 
 conviction thereof, shall be punished by a fine of not 
 more than $5,000 or by imprisonment for not more than 
 two years, or both: Provided, That any storing or hold- 
 ing by any farmer or gardener, or other person of the 
 products of any farm, garden, or other land cultivated 
 by him shall not be deemed to be a storing or holding 
 within the meaning of this Act: Provided further, That 
 farmers and fruit growers, cooperative and other ex- 
 changes, or societies of a similiar character shall not be 
 included within the provisions of this section: Provided 
 further, That this section shall not be construed to pro- 
 hibit the holding or accumulating of any such article 
 by any such person in a quantity not in excess of the 
 reasonable requirements of his business for a reason- 
 able time or in a quantity reasonably required to furnish 
 said article produced in surplus quantities seasonally 
 throughout the period of scant or no production. Noth- 
 ing contained in this section shall be construed to repeal 
 the Act entitled "An Act to protect trade and commerce 
 against unlawful restraints and monopolies," approved 
 July second, eighteen hundred and ninety, commonly 
 known as the Sherman Antitrust Act. (Act Aug. 10, 
 1917, c. 53, Sec. 26, 40 Stat. 286)." 
 
 Sec. 415h. Hunting Birds or Taking Eggs from 
 Breeding Grounds. 
 
 "Whoever shall hunt, trap, capture, wilfully disturb, or kill any 
 bird of any kind whatever, or take the eggs of any such bird, on any 
 lands of the United States which have been set apart or reserved as 
 breeding grounds for birds, by any law, proclamation, or executive 
 order, except under such rules and regulations as the Secretary of 
 Agriculture may, from time to time, prescribe, shall be fined not more
 
 678 Federal Criminal Law Procedure. 
 
 than five hundred dollars, or imprisoned not more than six months, 
 or both." 
 
 Sec. 415i. Injuries to Telegraph or Telephone. 
 
 "Whoever shall wilfully or maliciously injure or destroy any of the 
 works, property, or material of any telegraph, telephone, or cable 
 line, or system, operated or controlled by the United States, whether 
 constructed or in process of construction, or shall wilfully or malicious- 
 ly interfere in any way with the working or use of any such line, or 
 system, or shall wilfully or maliciously obstruct, hinder, or delay 
 the transmission of any communication over any such line, or system, 
 shall be fined not more than one thousand dollars, or imprisoned not 
 more than three years, or both." 
 
 Sec. 415 j. Killing or Detention of Homing Pigeons. 
 
 That it be, and it hereby is, declared to be unlawful 
 to knowingly entrap, capture, shoot, kill, possess, or in 
 any way detain an Antwerp, or homing pigeon, common- 
 ly called carrier pigeon, which is owned by the United 
 States or bears a band owned and issued by the United 
 States having thereon the letters "-TJ. S. A." or "U. S. 
 N." and a serial number. 
 
 The possession or detention of any pigeon described 
 in section one of this Act by any person or persons in 
 any loft, house, cage, building, or structure in the owner- 
 ship or under the control of such person or persons with- 
 out giving immediate notice by registered mail to the 
 nearest military or naval authorities, shall be prima 
 facie evidence of a violation of this Act. 
 
 Any person violating the provisions of this Act shall, 
 upon conviction, be punished by a fine of not more than 
 $100, or by imprisonment for not more than six months, 
 or by both such fine and imprisonment. 
 
 Sec. 415k. Contributions by Corporations. 
 
 The Act of 1907 and 1909 is as follows: 
 
 "It shall be unlawful for any national bank or any corporation or- 
 ganized by authority of any law of Congress, to make a money con- 
 tribution in connection with any election to any political office. It 
 shall also be unlawful for any corporation whatever to make a money 
 contribution in connection with any election at which Presidential 
 and Vice-Presidential electors or a Representative in Congress is to 
 be voted for, or any election by any State legislature of a United 
 States Senator. Every corporation which shall make any contribution 
 
 \
 
 Other Offenses 679 
 
 in violation of the foregoing provisions shall be fined not more than 
 five thousand dollars; and every officer or director of any corpora- 
 tion who shall consent to any contribution by the corporation in 
 violation of the foregoing provisions shall be fined not more than one 
 thousand dollars, or imprisoned not more than one year, or both." 
 
 Sec. 4151. Shanghaiing of Sailors. 
 
 Whoever, with intent that any person shall perform 
 service of labor of any kind on board of any vessel en- 
 gaged in trade and commerce among the several States 
 or with foreign nations, or on board of any vessel of 
 the United States engaged in navigating the high seas 
 or any navigable water of the United States, shall pro- 
 cure or induce, or attempt to procure or induce, another, 
 by force or threats or by representations which he knows 
 or believes to be untrue, or while the person so procured 
 or induced is intoxicated or under the influence of any 
 drug, to go on board of any such vessel, or to sign or in 
 anywise enter into any agreement to go on board of any 
 such vessel to perform service or labor thereon; or who- 
 ever shall knowingly detain on board of any such vessel 
 any person so procured or induced to go on board there- 
 of, or to enter into any agreement to go on board thereof, 
 by any means herein defined; or whoever shall knowing- 
 ly aid or abet in the doing of any of the things herein 
 made unlawful, shall be fined not more than one thous- 
 and dollars, or imprisoned not more than one year, or 
 both. 
 
 Sec. 415m. War Risk Insurance Protection. 
 
 For the integrity of the War Risk Insurance Act Con- 
 gress provided the following penalties and offenses : — 
 
 "False statements — Whoever in any claim or family allowance, con- 
 pensation, or insurance, or in any document required by this Act or 
 by regulation made under this Act, makes any statement of a mate- 
 rial fact knowing it to be false, shall be guilty of perjury and shall 
 be punished by a fine of not more than five thousand dollars, or by 
 imprisonment for not more than two years or both. (Act Sept. 2, 
 1914, c. 293, sec. 25, as added by Act, Oct. 6, 1917, c. 105, sec. 2, 40 
 Stat. 402.) 
 
 (b) Fraudulent acceptance of payments— If any person entitled to 
 payment of family allowance or compensation under this Act, whose 
 right to such payment under this Act ceases upon the happening of 
 any contingency, thereafter fraudently accepts any such payment.
 
 680 Federal Criminal Law Procedure. 
 
 he shall be punished by a fine of not more than two thousand dollars, 
 or by imprisonment for not more than one year, or both. (Act Sept. 
 2, 1914, c. 293, Sec. 26, as added by Oct. 6, 1917, c. 105, sec. 2, 40 
 Stat. 402.) 
 
 (c) Fraudulent obtaining of money or insurance — Whoever shall 
 obtain or receive any money, check, allotment, family allowance, 
 compensation, or insurance under Articles II, III, or IV of this Act, 
 without being entitled thereto, with intent to defraud the United 
 States or any person in the military or naval forces of the United 
 States, shall be punished by a fine of not more than two thousand 
 dollars, or by imprisonment for not more than one year, or both. 
 (Act Sept. 2, 1914, c. 293, sec. 27, as added by Act June 25, 1918, 
 c. 104, sec. 2, 40 Stat)." 
 
 Sec. 415n. Criminal Correspondence With Foreign 
 Governments. 
 
 Every citizen of the United States, whether actually 
 resident or abiding within the same, or in any place sub- 
 ject to the jurisdiction thereof, or in any foreign coun- 
 try, without the permission or authority of the Govern- 
 ment, directly or indirectly, commences or carries on any 
 verbal or written correspondence or intercourse with any 
 foreign government or any officer or agent thereof, with 
 an intent to influence the measures or conduct of any for- 
 eign government or of any officer or agent thereof, in re- 
 lation to any disputes or controversies with the United 
 States, or to defeat the measures of the Government of 
 the United States; and every person, being a citizen of 
 or resident within the United States or in any place 
 subject to the jurisdiction thereof, and not duly author- 
 ized, counsels, advises, or assists in any such corres- 
 pondence with such intent, shall be fined not more than 
 five thousand dollars and imprisoned not more than three 
 years; but nothing in this section shall be construed to 
 abridge the right of a citizen to apply, himself or his 
 agent, to any foreign government or the agents thereof 
 for redress of any injury which he may have sustained 
 from such government or any of its agents or subjects. 
 (C. C. sec. 5; R. S. sec. 5335; Act. March 4, 1909, c. 321, 
 Sec. 5, 35 Stat. 1088.) 
 
 Sec. 415o. Submitting False Evidence as to Second- 
 class Matter.
 
 Other Offenses 681 
 
 Whoever shall knowingly submit or cause to be sub- 
 mitted to any postmaster or to the Post-Office Depart- 
 ment or any officer of the postal service, any false evi- 
 dence relative to any publication for the purpose of se- 
 curing the admission thereof at the second-class rate, 
 for transportation in the mails, shall be fined not more 
 than five hundred dollars. (C. C. sec. 223; Acts March 
 3, 1879, c. 180, sec. 13, 20 Stat. 359; June 18, 1888, c. 394, 
 sec. 1, 25 Stat.187; March 2, 1905, c. 1304, 33 Stat. 823; 
 March 4, 1909, c. 321, sec. 223, 35 Stat, 1133.) 
 
 Sec. 415p. Using or Selling Canceled Stamps or 
 Stamped Envelope or Card; Eemoval of Stamps from 
 Mail. 
 
 Whoever shall use or attempt to use in payment of 
 postage, any canceled postage stamp, whether the same 
 has been used or not; or shall remove, attempt to remove, 
 or assist in removing, the canceling or defacing marks 
 from any postage stamp, or the superscription from any 
 stamped envelope, or postal card, that has once been used 
 in payment of postage, with the intent to use the same for 
 a like purpose, or to sell or offer to sell the same, or 
 shall knowingly have in possession any postage stamp, 
 stamped envelope, or postal card, with intent to use the 
 same, or shall knowingly sell or offer to sell any such 
 postage stamp, stamped envelope, or postal card, or use 
 or attempt to use the same in payment of postage; or 
 whoever unlawfully and wilfully shall remove from any 
 mail matter any stamp attached thereto in payment of 
 postage; or shall knowingly use or cause to be used in 
 payment of postage, any postage stamp, postal card, or 
 stamped envelope, issued in pursuance of law, which has 
 already been used for a like purpose, shall, if he be a 
 person employed in the postal service, be fined not more 
 than five hundred dollars, or imprisoned not more than 
 three years, or both; and if he be a person not employed 
 in the postal service, shall be fined not more than five 
 hundred dollars, or imprisoned not more than one year, 
 or both. (C. C. sec. 205; R. S. sees. 3922-3925; Acts 
 March 3, 1879, c. 180, sec, 28, 20 Stat. 362; March 4, 1909, 
 c, 321, sec. 205, 35 Stat, H27.),
 
 682 Federal Criminal Law Procedure. 
 
 Sec. 415q. Criminal Prosecution for Willful Infringe- 
 ment of Copyright. 
 
 Any person who willfully and for profit shall infringe 
 any copyright secured by this Act, or who shall know- 
 ingly and willfully aid or abet such infringement, shall 
 be deemed guilty of a misdemeanor, and upon convic- 
 tion thereof shall be punished by imprisonment for not 
 exceeding one year or by a fine of not less than one hun- 
 dred dollars nor more than one thousad dollars, or both, 
 in the discretion of the court: Provided, however, That 
 nothing in this Act shall be so construed as to prevent 
 the performance of religious or secular works such as 
 oratorios,' cantatas, masses, or octavo choruses by public 
 schools, church choirs, or vocal societies, rented, bor- 
 rowed, or obtained from some public library, public 
 school, church choir, school choir, or vocal society, pro- 
 vided the performance is given for charitable or edu- 
 cational purposes and not for profit. (Act March 4, 1909, 
 c. 320, sec. 28, 35 Stat. 1082. 
 
 Sec. 415r. Sale or Introduction of Intoxicating Liq- 
 uors — Indian Country. 
 
 No ardent spirits, ale, beer, wine, or intoxicating liquor 
 or liquors of whatever kind shall be introduced, under any 
 pretense, into the Indian country. Every person who sells, 
 exchanges, gives, barters, or disposes of any ardent spir- 
 its, ale, beer, wine, or intoxicating liquors of any kind 
 to any Indian under charge of any Indian superintendent 
 or agent, or introduces or attempts to introduce any ar- 
 dent spirits, ale, wine, beer, or intoxicating liquor of any 
 kind into the Indian country shall be punished by im- 
 prisonment for not more than two years, and by fine of 
 not more than three hundred dollars for each offense. 
 But it shall be a sufficient defense to any charge of in- 
 troducing or attempting to introduce ardent spirits, ale, 
 beer, wine, or intoxicating liquors into the Indian coun- 
 try that the acts charged were done under authority in 
 writing from the War Department, or any officer duly 
 authorized thereunto by the War Department. 
 
 No part of section twenty-one hundred and thirty-nine 
 or section twenty-one hundred and forty of the Revised 
 Statutes shall be a bar to the prosecution of any officer,
 
 Other Offenses 683 
 
 soldier, butler or storekeeper, attache, or employee of 
 the Army of the United States who shall barter, donate, 
 or furnish in any manner whatsoever liquors, beer, or 
 any intoxicating beverage whatsoever to any Indian. 
 
 All complaints for the arrest of any person or persons 
 made in violation of any of the provisions of this Act 
 shall be made in the county where the offense shall have 
 been committed, or if committed upon or within any 
 reservation not included in any county, then in any coun- 
 ty adjoining such reservation; but in all cases such ar- 
 rests shall be made before any United States court com- 
 missioner residing in such ' adjoining county, or before 
 any magistrate or judicial officer authorized by the laws 
 of the State in which such reservation is located to issue 
 warrants for the arrest and examination of offenders 
 by section ten hundred and fourteen of the Revised 
 Statutes of the United States. And all persons so ar- 
 rested shall, unless discharged upon examination, be 
 held to answer and stand trial before the court of the 
 United States having jurisdiction of the offense. 
 
 Any person who shall sell, give away, dispose of, ex- 
 change, or barter any malt, spirituous, vinous liquor in- 
 cluding beer, ale, and wine, or any ardent or other in- 
 toxicating liquor of any kind whatsoever, or any es- 
 sence, extract, bitters, preparations, compound, compo- 
 sition, or any article whatsoever, under any name, label, 
 or brand, which produces intoxication, to any Indian to 
 whom allotment of land has been made while the title 
 to the same shall be held in trust by the Government, 
 or to any Indian a ward of the Government under charge 
 of any Indian superintendent or agent, or any Indian, 
 including mixed bloods, over whom the Government, 
 through its departments, exercises, guardianship, and 
 any person who shall introduce or attempt to introduce 
 any malt, spirituous, or vinous liquor, including beer, 
 ale, and wine, or any ardent or intoxicating liquor of any 
 kind whatsoever into the Indian country, which term 
 shall include any Indian allotment while the title to the 
 same shall be held in trust by the Government, or while 
 the same shall remain inalienable by the allottee with- 
 out the consent of the United States, shall be punished
 
 684 Federal Criminal Law Procedure. 
 
 by imprisonment for not less than sixty days, and by a 
 fine of not less than one hundred dollars for the first 
 offense and not less than two hundred dollars for each 
 offense thereafter: Provided, however, That the per- 
 son convicted shall be committed until fine and costs are 
 paid. But it shall be a sufficient defense to any charge 
 of introducing or attempting to introduce ardent spirits, 
 ale, beer, wine, or intoxicating liquors into the Indian 
 country that the acts charged were done under author- 
 ity, in writing, from the War Department or any officer 
 duly authorized thereunto by the War Department. 
 
 Any person, whether an Indian or otherwise, who 
 shall, in said Territory, manufacture, sell, give away, or 
 in any manner, or by any means furnish to anyone, either 
 for himself or another, any vinous, malt, or fermented 
 liquors, or any other intoxicating drinks of any kind 
 whatsoever, whether medicated or not, or who shall carry, 
 or in any manner have carried, into said Territory any 
 such liquors or drinks, or who shall be interested in such 
 manufacture, sale, giving away, furnishing to anyone, or 
 carrying into said Territory any of such liquors or 
 drinks, shall, upon conviction thereof, be punished by 
 fine not exceeding five hundred dollars and by imprison- 
 ment for not less that one month nor more than five 
 years. 
 
 On and after September first, nineteen hundred and 
 eighteen, possession by a person of intoxicating liquors 
 in the Indian country where the introduction is or was 
 prohibited by treaty or Federal statute shall be an of- 
 fense and punished in accordance with the provisions of 
 the Acts of July twenty-third, eighteen hundred and 
 ninety-two, and January thirteenth, Eighteen hundred 
 and ninety-seven. 
 
 Hereafter it shall be unlawful to introduce and use 
 wines solely for sacramental purposes, under church au- 
 thority, at any place within the Indian country or any 
 Indian reservation, including the Pueblo Eeservations 
 in New Mexico. (First paragraph, R. S. sec. 2139; Acts 
 July 9, 1832, c. 174, sec. 4, 4 Stat. 564; March 15, 1864, 
 c. 33, 13 Stat. 29; Feb. 27, 1877, c. 69, sec. 1, 19 Stat. 244; 
 July 23, 1892, c. 234, 27 Stat. 260; second paragraph, Act
 
 Other Offenses 685 
 
 July 4, 1884, c. 180, sec. 1, 23 Stat. 94; third paragraph, 
 Act July 23, 1892, c. 234, 27 Stat. 261; fourth paragraph, 
 Act. Jan. 30, 1897, c. 109, sec. 1, 29 Stat, 506; fifth par- 
 agraph Act March 1, 1895, c. 145, sec. 8, 28 Stat. 697; 
 sixth paragraph, Act May 25, 1918, c, 86, sec. 1, 40 Stat, 
 seventh paragraph, Act Aug. 24, 1912, c. 338, sec. 1, 37 
 Stat 519.) 
 
 Note.— By Act March 2, 1917, c. 146, sec. 17, 39 Stat. 
 983, Osage County, Okla, is made Indian country within 
 the meaning of all liquor statutes. 
 
 Sec. 415s. Embezzlement, etc., Public Money-Banker 
 or Person Receiving Unauthorized Deposit. 
 
 Every banker, broker, or other person not an author- 
 ized depositary of public moneys, who shall knowingly 
 receive from any disbursing officer, or collector or in- 
 ternal revenue, or other agent of the United States, any 
 public money on deposit, or by way of. loan or accommo- . 
 dation, with or without interest, or otherwise than in 
 payment of a debt against the United States, or shall 
 use, transfer, convert, appropriate, or apply any portion 
 of the public money for any purpose not prescribed by 
 law; and every president, cashier, teller, director, or 
 other officer of any bank or banking association who 
 shall violate any provision of this section is guilty of 
 embezzlement of the public money so deposited, loaned, 
 transferred, used, converted, appropriated, or applied, 
 and shall be fined not more than the amount embezzled, 
 or imprisoned not more than ten years, or both. (C. 
 C. sec. 96; E. S. sec. 5497; Act March 4, 1909, c. 321, sec. 
 96, 35 Stat. 1106.) 
 
 Sec. 415t. Census Offenses — Offenses of Officers and 
 Employees. 
 
 Any supervisor, supervisor's clerk, enumerator, in- 
 terpreter, special agent, or other employee, who, having 
 taken and subscribed the oath of office required by this 
 Act. shall, without justifiable cause, neglect or refuse to 
 perform the duties enjoined on him by this Act, shall 
 be deemed guilty of a misdemeanor, and upon convic- 
 tion thereof shall be fined not exceeding five hundred 
 dollars; or if he shall, without the authority of the Di- 
 rector of the Census, publish or communicate any in-
 
 686 Federal Criminal Law Procedure. 
 
 formation coming into his possession by reason of his 
 employment under the provisions of this Act, or the 
 Act to provide for a permanent Census Office, or Acts 
 amendatory thereof or supplemental thereto, he shall be 
 guilty of a misdemeanor and shall upon conviction 
 thereof be fined not to exceed one thousand dollars, or 
 be imprisoned not to exceed two years, or both so fined 
 and imprisoned, in the discretion of the court; or if he 
 shall wilfully and knowingly swear to or affirm falsely, 
 he shall be deemed guilty of perjury, and upon convic- 
 tion shall be imprisoned not exceeding five years and be 
 fined not exceeding two thousand dollars; or if he shall 
 wilfully and knowingly make a false certificate or a fic- 
 titious return, he shall be guilty of a misdemeanor, and 
 upon conviction of either of the last-named offenses he 
 shall be fined not exceeding two thousand dollars and 
 .be imprisoned not exceeding five years; or if any per- 
 son who is or has been an enumerator shall knowingly 
 or willfully furnish, or cause to be furnished, directly 
 or indirectly, to the Director of the Census, or to any 
 supervisor of the census, any false statement or false 
 information with reference to any inquiry for which he 
 was authorized and required to collect information, he 
 shall be guilty of a misdemeanor, and upon conviction 
 thereof shall be fined not exceeding two thousand dollars 
 and.be imprisoned not exceeding five years. (Act July 
 2, 1909, c. 2, sec. 22, 36 Stat. 8.) 
 
 Sec. 415u. Political Contributions, etc., 
 Solicitation or receipt of political contributions by offi- 
 cers. — No Senator or Representative in, or Delegate or 
 Resident Commissioner to Congress, or Senator, Repre- 
 sentative, Delegate, or Resident Commissioner elect or 
 officer or employee of either House of Congress, and no 
 executive, judicial, military, or naval officer of the 
 United States, and no clerk or employee of any depart- 
 ment, branch, or bureau of the executive, judicial, or 
 military or naval service of the United States, shall, 
 directly or indirectly, solicit or receive, or be in any 
 manner concerned in soliciting or receiving, any assess- 
 ment, subscription, or contribution for any political pur- 
 pose whatever, from any officer, clerk, or employee of
 
 Other Offenses 687 
 
 the United States, or any department, branch, or bureau 
 thereof, or from any person receiving any salary or com- 
 pensation from moneys derived from the Treasury of the 
 United States. (C. C. sec. 118; Acts Jan. 16, 1883, c. 
 27, sec. 11, 22 Stat. 406; March 4, 1909, c 321, sec. 118, 
 35 Stat. 1110.) 
 
 (b) Same: in public building. — No person shall, in 
 any room or building occupied in the discharge of of- 
 ficial duties by any officer or employee of the United 
 States mentioned in the preceding section, or in any 
 navy-yard, fort, or arsenal, solicit in any manner what- 
 ever or receive any contribution of money or other thing 
 of value for any political purposes whatever. (C. C. sec. 
 119; Acts Jan. 16, 1883, c. 27, sec. 12, 22 Stat. 407; 
 March 4, 1909, c. 321, sec. 119, 35 Stat. 1110.) 
 
 (c) Immunity from official proscription. — No of- 
 ficer or employee of the United States mentioned in sec- 
 tion one hundred and eighteen, shall discharge, or pro- 
 mote, or degrade, or in any manner change the official 
 rank or compensation of any other officer or employee, 
 or promise or threaten so to do, for giving or withhold- 
 ing or neglecting to make any contribution of money or 
 other valuable thing for any political purpose. (C. C. 
 sec. 120; Acts Jan. 16, 1883, c. 27, sec. 13, 22 Stat. 407;/ 
 March 4, 1909, c. 321, sec. 120, 35 Stat. 1110.) 
 
 (d) Giving money to officers for political purposes. 
 No officer, clerk, or other person in the service of the 
 United States shall, directly or indirectly, give or hand 
 to any other officer, clerk, or person in the service of the 
 United States, or to any Senator or Member of or Dele- 
 gate to Congress, or Resident Commissioner, any money 
 or other valuable thing on account of or to be applied 
 to the promotion of any political object whatever. (C. 
 C. sec. 121; Acts Jan. 16, 1883, c. 27, sec. 14, 22 Stat. 
 407; March 4, 1909, c. 321, sec. 212, 35 Stat. 1110.) 
 
 (e) Punishment for violation of four preceding sec- x 
 tions. — Whoever shall violate any provision of the four 
 preceding sections shall be fined not more than five thou- 
 sand dollars, or imprisoned not more than three years, 
 or both. (C. C. sec. 122; Acts Jan. 16, 1883, c. 27, sec. 
 15, 22 Stat. 407; March 4, 1909, c. 321, sec. 122, 35 Stat.
 
 688 Federal Criminal Law Procedure. 
 
 1110.) See U. S. v. Thayer, 154 F. 508; U. S. v. Thayer, 
 209 IT. S., 39; U. S. v. Smith, 163 F. 926. 
 
 Sec. 415v. Commutation of Sentence for Good Be- 
 havior and Parole. 
 
 The Acts of 1902 and 1906 granted, for good be- 
 havior the following deductions: — 
 
 Upon a sentence of not less than six months nor more 
 than one year, five days for each month ; upon a sentence of 
 more than one year and less than three years, six days 
 for each month; upon a sentence of not less than three 
 years and less than five years, seven days for each month; 
 upon a sentence of not less than five years and less than 
 ten years, eight days for each month; upon a sentence 
 of ten years or more, ten days for each month. "When a 
 prisoner has two or more sentences, the aggregate of his 
 several sentences shall be the basis upon which his de- 
 duction shall be estimated. Pages 2411-2412, Barnes' 
 1919 Federal Code. 
 
 Every prisoner whose record shows that he has ob- 
 served the rules of the institution and who has served 
 one-third of the total of such term, or terms for which 
 he was sentenced, or if sentenced for the term of his 
 natural life, has served not less than fifteen years, may 
 be released on parole, Act June 25, 1910, page 2412 
 Barnes' 1919 Federal Code. 
 
 Sec. 415w. Law of Perjury Applicable to Search 
 "Warrants. 
 
 Sections one hundred and twenty-five and one hundred 
 and twenty-six of the Criminal Code of the United States 
 shall apply to and embrace all persons making oath or 
 affirmation or procuring the same under the provisions 
 of this title, and such persons shall be subject to all the 
 pains and penalties of said sections. (Act June 15, 1917, 
 c. 30, Title XI, sec. 19, 40 Stat. 230.) 
 
 Sec. 415x. Proof of Grounds and Probable Cause. 
 
 A search warrant can not be issued but upon prob- 
 able cause, supported by affidavit, naming or describing 
 the person and particularly describing the property and 
 the place to be searched. 
 
 The judge or commissioner must, before issuing the 
 warrant, examine on oath the complainant and any wit-
 
 Othee Offenses 689 
 
 ness he may produce, and require their affidavits or take 
 their depositions in writing and cause them to be sub- 
 scribed by the parties making them. (Act June 15, 1917, 
 c. 30, Title XI, sees. 3, 4, 40 Stat. 228.) 
 
 Search warrants; affidavits and depositions. — The af- 
 fidavits or depositions must set forth the facts tending 
 to establish the grounds of the application of probable 
 cause for believing that they exist. 
 
 These statutes should be read in connection with the 
 citations and suggestions contained in the paragraph 
 relating to illegal searches and seizures. y 
 
 Sec. 415y. Limitations. 
 
 No person shall be prosecuted, tried, or punished for 
 treason or other capital offenses, willful murder except- 
 ed, unless the indictment is found within three vears 
 next after such treason or capital offense is done or com- 
 mitted. (R. S. sec. 1043; Act April 30, 1790, c. 9, sec. 
 32, 1 Stat. 119.) 
 
 (b) No person shall be prosecuted, tried, or punished 
 for any offense, not capital, except as provided in section 
 one thousand and forty-six, unless the indictment is 
 found, or the information is instituted within three years 
 next after such offense shall have been committed. But 
 this act shall not have effect to authorize the prosecution, 
 trial or punishment for any offense, barred by the pro- 
 visions of existing laws. (R. S. sec. 1044; Act April 
 30, 1790, c. 9, sec, 32, 1 Stat. 119; April 13, 1876, c. 56, 
 19 Stat. 32.) 
 
 (c) Nothing in the two preceding sections shall ex- 
 tend to any person fleeing from justice. (R. S. sec. 1045; 
 Act April 30, 1790, c. 9, sec. 1 Stat. 119.) 
 
 (d) No person shall be prosecuted, tried, or punish- 
 ed for any crime arising under the revenue laws, or the 
 slave-trade laws of the United States, unless the indict- 
 ment is found or the information is instituted within five 
 years next after the committing of such crime. 
 
 No person shall be prosecuted, tried or punished for 
 any of the various offenses arising under the internal 
 revenue laws of the United States unless the indictment 
 is found or the information instituted within three years 
 next after the commission of the offense, in all cases 
 
 44
 
 690 Federal Criminal Law Procedure. 
 
 where the penalty prescribed may be imprisonment in 
 the penitentiary, and within two years in all other cases; 
 
 Provided, That the time during which the person 
 
 committing the offense is absent from the 
 
 district wherein the same is committed shall not be 
 taken as any part of the time limited by law for the com- 
 mencement of such proceedings: Provided further that 
 the provisions of this act shall not apply to offenses com- 
 mitted prior to its passage: And provided further that 
 where a complaint shall be instituted before a Commis- 
 sioner of the United States within the period above limit- 
 ed, the time shall be extended until the discharge of the 
 Grand Jury at its next session within the district: And 
 provided further that this act shall not apply to offenses 
 committed by officers of the United States. (First para- 
 graph, R. S. sec. 1046; Acts March 26, 1804, c. 40, sec. 
 3, 2 Stat. 290; April 20, 1818, c. 91, sec. 9, 3 Stat. 452; 
 second paragraph, Act July 5, 1884, c. 225, sec. 1, 23 
 Stat. 122.) 
 
 (e) No suit or prosecution for any penalty or for- 
 feiture, pecuniary or otherwise, accruing under the laws 
 of the United States, shall be maintained, except in cases 
 where it is otherwise specially provided, unless the same 
 is commenced within five years from the time when the 
 penalty or forfeiture accrued: Provided, That the per- 
 son of the offender, or the property liable for such penalty 
 or forfeiture, shall, within the same period, be found with- 
 in the United States ; so that the proper process therefor 
 may be instituted and served against such person or 
 property. (R. S. sec. 1047; Acts March 2, 1799, c. 22, 
 sec. 89, *1 Stat. 695; March 26, 1804, c. 40, sec. 3, 2 Stat. 
 290; April 20, 1818; c. 91, sec. 9, 3 Stat. 452; Feb. 28, 
 1839, c. 36, sec. 4, 5 Stat. 322; March 3, 1863, c. 76, sec. 
 14, 12 Stat. 741; July 25, 1868, c. 236, sec. 1, 15 Stat. 
 183.) 
 
 (f ) No suit or action to recover any pecuniary penalty 
 or forfeiture of property accruing under the customs 
 revenue laws of the United States shall be instituted 
 unless such suit or action shall be commenced within 
 three years after the time when such penalty or for- 
 feiture shall have accrued: Provided, That the time of
 
 Other Offenses 691 
 
 the absence from the United States of the person subject 
 to such penalty or forfeiture, or of any concealment or 
 absence of the property, shall not be reckoned within 
 this period of limitation. (Act June 22, 1874, c. 391, 
 sec. 22, 18 Stat. 190.) 
 
 No criminal prosecution shall be maintained under the 
 copyright Act unless the same is commenced within three 
 years after the cause of action arose. Act March 4, 1919. 
 
 Sec. 415z. Venue. 
 
 Capital cases; where triable.— The trial of offenses 
 punishable with death shall be had in the county where 
 the offense was committed, where that can be done with- 
 out great inconvenience. (R. S. sec. 729; J. C. sec. 40; 
 Act March 3, 1911, c. 231, sec. 40, 36 Stat. 1100.) 
 
 (b) Offenses on the high seas, or outside district, 
 where triable. — The trial of all offenses committed upon 
 the high seas, or elsewhere out of the jurisdiction of any 
 particular State or district, shall be in the district where 
 the offender is found, or into which he is first brought. 
 (R. S. sec. 730; J. C. sec. 41; Act March 3, 1911, c. 231, 
 sec. 41, 36 Stat. 1100.) 
 
 (c) Offenses begun in one district and completed in 
 another. — When any offense against the United States is 
 begun in one judicial district and completed in another, 
 it shall be deemed to have been committed in either, and 
 may be dealt with, inquired of, tried, determined, and 
 punished in either district, in the same manner as if it 
 had been actually and wholly committed therein. (R. 
 S. sec, 731; J. C.'sec. 42; Act March 3, 1911, c. 231, sec. 
 48, 36 Stat. 1100.) 
 
 (d) Suits for penalties and forfeitures, where brought. 
 — All pecuniary penalties and forfeitures may be sued for 
 and recovered either in the district where they accrue 
 or in the district where the offender is found. (R. S. sec. 
 732; J. C. sec. 43; Act March 3, 1911, c. 231, sec. 43, 36 
 Stat. 1100.) 
 
 (e) Suits for internal-revenue taxes, where brought. — 
 Taxes accruing under any law providing internal reve- 
 nue may be sued for and recovered either in the district 
 where the liability for such tax occurs or in the district
 
 692 Federal Criminal Law Procedure. 
 
 where the delinquent resides. (R. S. sec. 733; J. C. sec. 
 44; Act March 3, 1911, c. 231, sec. 44, 36 Stat. 1100.) 
 
 (f) Seizures, where cognizable. — Proceedings on 
 seizure made on the high seas, for forfeiture under any 
 law of the United States, may be prosecuted in any dis- 
 trict into which the property so seized is brought and 
 proceedings instituted. Proceedings on such seizure 
 made within any district shall be prosecuted in the dis- 
 trict where the seizure is made, except in cases where it 
 is otherwise provided. (R. S. sec. 734; J. C. sec. 45; 
 Act March 3, 1911, c. 231, sec. 45, 36 Stat. 1100.) 
 
 (g) Capture of insurrectionary property, where cog- 
 nizable. — Proceedings for the condemnation of any prop- 
 erty captured, whether on the high seas or elsewhere 
 out of the limits of any judicial district, or within any 
 district, on account of its being purchased or acquired, 
 sold or given, with intent to use or employ the same, or 
 to suffer it to be used or employed, in aiding, abetting, 
 or promoting any insurrection against the Government 
 of the United States, or knowingly so used or employed 
 by the owner thereof, or with his consent, may be prose- 
 cuted in any district where the same may be seized, or 
 into which it may be taken and proceedings first institut- 
 ed. (R. S. sec. 735; J. C. sec. 46; Act March 3, 1911, c. 
 231, sec. 46, 36 Stat. 1100.) 
 
 (h) Certain seizures cognizable in any district into 
 which the property is taken. — Proceedings on seizures 
 for forfeiture of any vessel or cargo entering any port 
 of entry which has been closed by the President -in pur- 
 suance of law, or of goods and chattels coming from a 
 State or section declared by proclamation of the Presi- 
 dent to be in insurrection into other parts of the United 
 States, or of any vessel or vehicle conveying such prop- 
 erty, or conveying persons to or from such State or sec- 
 tion, or of any vessel belonging, in whole or in part, to 
 any inhabitant of such State or section, may be pros- 
 ecuted in any district into which the property so seized 
 may be taken and proceedings instituted; and the district 
 court thereof shall have as full jurisdiction over such 
 proceedings as if the seizure was made in that district.
 
 Other Offenses 693 
 
 (E. S. sec. 564; J. C. sec. 47; Act March 3, 1911, c. 231, 
 sec. 47, 36 Stat. 1100.) 
 
 Sec. 415zz. Carriers — Indictment for Falsifying Ac- 
 counts of Interstate Carrier. 
 
 An indictment under Interstate Commerce Act of Feb. 
 4, 1887, Compiled Statutes, 8592, for falsifying the rec- 
 ords of an interstate carrier need not charge that such 
 records were records prescribed by the Interstate Com- 
 merce Commission, Kennedy vs. U. S., 275 F. 183.
 
 CHAPTER XXIV. 
 
 FORM OP INDICTMENT. 
 
 Form or Indictment under Section 225, old Sectio 
 4046, etc., for embezzlement: 
 
 "The United States of America. 
 
 "At a District Court of the United States of America, for the Dis- 
 trict of Massachusetts, begun and holden at Boston, within and for 
 said district, on the first. Tuesday of December in the year of our 
 Lord one thousand nine hundred and nine. 
 
 "First Count. The jurors for the United States of America, within 
 and for the District of Massachusetts, upon their oath, present that 
 Frank H. Mason, of Boston, in said district, during all of the year 
 nineteen hundred and eight, was, and ever since then has been, an 
 officer of jthe United States, to wit, clerk of the District Court of the 
 United States for the District of Massachusetts, and, on the first day 
 of February, in the year nineteen hundred and nine, had in his pos- 
 session and under his control, to wit, at Boston aforesaid, certain 
 money of the United States, a particular description whereof is to 
 said grand jurors unknown, to the amount and value of three hundred 
 and eighty-seven dollars, which during said year nineteen hundred 
 and eight had come into his possession and under his control in the 
 execution of his office as such officer and clerk, and under authority 
 and claim of authority as such officer and clerk, and which he should, 
 on said first day of February, in the year nineteen hundred and nine, 
 have accounted for and paid to the United States at Boston aforesaid 
 in the manner provided by law; and that said Frank H. Mason, on 
 said first day of February, in the year nineteen hundred and nine, at 
 Boston aforesaid, the same money unlawfully and feloniously did 
 embezzle. 
 
 "Second Count. And the jurors aforesaid, on their oath aforesaid, 
 do further present, that said Frank H. Mason during all of the year 
 nineteen hundred and eight was, and ever since has been, an officer 
 of the United States, to wit, clerk of the District Court of the United 
 States for the district of Massachusetts, and on said first day of 
 February, in the year nineteen hundred and nine, had in his possession 
 ami under his control, to wit, at Boston aforesaid, certain public 
 moneys of the United States, a particular description whereof is to 
 said grand jurors unknown, to wit, moneys to the amount and of 
 the value of three hundred and eighty-seven dollars, which during 
 said year nineteen hundred and eight had come into his possession 
 and under his control in the execution of his office as such officer, 
 and under authority and claim of authority as such officer, and were 
 a portion of a surplus of fees and emoluments of his said office over 
 and above the compensation and allowances authorized by law to be 
 
 (694)
 
 Form of Indictment 695 
 
 retained by him for said year nineteen hundred and eight, which 
 said public moneys said Frank H. Mason, on said first dav of February, 
 in the year nineteen hundred and nine, as such officer was charged, 
 by certain acts of Congress, to wit, sections 82.°,, 828, and 844. of 
 the Revised Statutes of the United States, and the Act approved 
 June 28, 1902, 32 Statutes at Large, chapter 1301, and by divers other 
 Acts of Congress, safely to keep; that said Frank H. Mason, on said 
 first day of February, in the year nineteen hundred a->d nine, at 
 Boston aforesaid, the same public moneys unlawfully did fail safely 
 to keep as required by said Acts of Congress, and, on the contrary, 
 the same then and there unlawfully did convert to his own use, and 
 that thereby said Frank H. Mason then and there was gu'lty of em- 
 bezzlement of said public moneys so converted." 
 
 For Loss of Life by Misconduct of Officers, Owners, 
 Charterers, Inspectors, Etc., of Vessels, Under 
 
 Section 282. 
 
 (Approved in U. S. vs. Van Schaick, 134 Federal, 594.,' 
 Indictment No. 1 charges that Van Schaick w?s — 
 Guilty of misconduct, negligence and inattention to 
 duty on such vessel as such master and captain, in that 
 he then and there unlawfully had and kept on said vessel, 
 among other life preserves, adjustable to the bodies of 
 human beings, which had been place thereon for the use 
 of the passengers and other persons on board of the said 
 vessel in case of emergency, and intended for such use, 
 divers, to wit, nine hundred and upwards, unsuitable, 
 inefficient, and useless life preserves; that is to say, in 
 the respect that, according to the laws relating thereto, 
 and the regulations thereunder, the said life preserves 
 on said vessel were required to be in good order and 
 accessible for immediate use, adjustable to the bodies of 
 passengers, and made of good sound cork blocks, or 
 other suitable material, with belts and shoulder-straps 
 properly attached in the manner prescribed by the laws 
 of Congress relating thereto and the rules and regula- 
 tions thereunder as aforesaid, and that every such life 
 preserver should contain at least six pounds of good cork, 
 which should have bouyancy of at least four pounds 
 to each pound of cork; but in truth and in fact, large 
 numbers of the same, to the amount of nine hundred and 
 upwards, as aforesaid, through the unlawful misconduct,
 
 696 Federal Criminal Law Procedure. 
 
 negligence, and inattention to his duties by the said 
 master and captain as aforesaid were unsafe, unsuitable, 
 and unservicable, so that, at the times aforesaid, while 
 the said William H. Van Schaick was master and captain 
 as aforesaid, of the said steamboat, the said life pre- 
 servrs, in large numbers, to wit, nine hundred of the 
 same and upwards, were utterly useless for the protec- 
 tion and saving of human life, in that, in many instances, 
 the covers thereof were rotten, and not of sufficient 
 strength and soundness to make them impervious to 
 water, and the shoulder-straps and bands of the same 
 were so decayed that it was impossible to securely fasten 
 the said life preserves to the human body; and the said 
 life preservers did not have the buoyancy required by 
 law; and the unsuitability and the inefficiency and use- 
 lessness of the said life preservers for the purpose which 
 they were intended to serve should have been known to 
 the said William H. Van Schaick, and he might, by the 
 exercise of ordinary observation and inquiry, have ascer- 
 tained the same, and should so have ascertained before 
 the said vessel started on the excursion hereinafter men- 
 tioned; and which said unsuitable and inefficient ap- 
 pliances, he, the said William H. Van Schaick, notwith- 
 standing the premises, unlawfully caused, suffered, and 
 permitted to be and remain on said vessel, and he was 
 guilty of misconduct, negligence and inattention to his 
 duties upon said vessel, in that he permitted the said 
 vessel to go, and took the said vessel, on said excursion, 
 with the said unsuitable and inefficient life preservers on 
 board, and caused, suffered, and permitted the same to 
 be tendered and held out for the use of the passengers 
 and other persons on board of said steamboat, at the 
 time of her destruction by fire as hereinafter mentioned. 
 
 For Conspiracy to Violate the Lottery Statute. 
 
 (Champion vs. Ames, 47 Law Ed., 496.) 
 
 The indictment charged, in its first count, that on or 
 about the 1st day of February, A. D. 1899, in Dallas 
 County Texas, "C. F. Champion, alias W. W. Ogden, W. 
 F. Champion, and Charles B. Park, did then and there
 
 Form of Indictment 697 
 
 unlawfully, knowingly, and feloniously conspire together 
 to commit an offense against the United States, to wit, 
 for the purpose of disposing of the same, to cause to be 
 carried from one state to another in the United States, 
 to wit, from Dallas, in the State of Texas, to Fresno, in 
 the State of California, certain papers, certificates, and 
 instrument purporting to be and representing tickets, as 
 they then and there well knew, chances, shares, and in- 
 terests in and dependent upon the event of a lottery, 
 offering prizes dependent upon lot and chance, that is to 
 say, caused to be carried, as aforesaid, for the purpose 
 of disposing of the same, papers, certificates, or instru- 
 ments purporting to be tickets to represent the 
 chances, shares, and interests in the prizes which by lot 
 and chance might be awarded to persons, to these grand 
 jurors unknown, who might purchase said papers, certifi- 
 cates, and instruments, representing and purporting to 
 be tickets, as aforesaid, with the numbers thereon shown 
 and indicated and printed, which by lot and chance should 
 on a certain day, draw a prize or prizes at the purport- 
 ed lottery or chance company, to wit, at the purported 
 monthly drawing of the so-called Pan-American Lot- 
 tery Company, which purported to draw monthly at 
 Asuncion, Paraguay, which said Pan-American Lottery 
 Company purported to be an enterprise offering prizes 
 dependent upon lot and chance, the specified method of 
 such drawing being unknown to the grand jurors, but 
 which said papers, certificates, and instruments purport- 
 ing to be and representing tickets upon their face purport- 
 ing to be entitled to participation in the drawing of a 
 certain capital prize amounting to the sum of $32,000, and 
 which said drawings for said capital prize, or the part or 
 parts thereof allotted or to be allotted in conformity with 
 the scheme of lot and chance, were to take place monthly, 
 the manner and form of which is to the grand jurors un- 
 known, but that said drawing and lot and chance by 
 which said prize or prizes were to be drawn was purport- 
 ed to be under the supervision and direction of Enrigue 
 Montes de Leon, manager, and Bernardo Lopez, interven- 
 er, and which said papers, certificates, and instruments 
 purporting to be tickets of the said Pan-American Lot-
 
 098 Federal Criminal Law Procedure. 
 
 tery Company were so divided as to be called whole, 
 half, quarter, and eighth tickets, the whole tickets to 
 be sold for the sum of $2, the half tickets for the sum of 
 $1, the quarter tickets for the sum of 50 cents, and the 
 eighth tickets for the sum of 25 cents." 
 
 The indictment further charged that "in pursuance to 
 said conspiracy, and to effect the object thereof, to wit, 
 for the purpose of causing to be carried from one state 
 to another in the United States, to wit, from the State 
 of Texas to the State of California aforesaid, for the pur- 
 pose of disposing of the same, papers, certificates, and 
 instruments purporting to be and representing tickets, 
 chances, and shares and interests in and dependent upon 
 lot and chance, as aforesaid, as they then and there well 
 knew, said W. F. Champion and Charles B. Pard did 
 then and there, to wit, on or about the last day aforesaid, 
 in the Dallas Division of the Northern District of Texas 
 aforesaid, unlawfully, knowingly, and feloniously, for 
 the purpose of being carried from one State to another 
 in the United States, to wit, from Dallas, in the State 
 of Texas, to Fresno, in the State of California, for the 
 purpose of disposing of the same, deposit and cause to 
 be deposited and shipped and carried with and by the 
 Wells-Fargo Express Company, a corporation engaged 
 in carrying freight and packages from station to station 
 along and over lines of railway, and from Dallas, Texas, 
 to Fresno, California, for hire, one certain box or pack- 
 age containing, among other things, two whole tickets 
 or papers or certificates of said purported Pan-American 
 Lottery Company, one of which said whole tickets is 
 hereto annexed by the grand jury to this indictment and 
 made a part hereof. ' ' 
 Under Section 5508, Conspiracy to Endanger, Etc., 
 
 Citizens in the Exercise of Civil Rights. 
 (157 Federal, page 722.) 
 
 Omitting formal parts, the eleventh count of the in- 
 dictment is as 1 follows: 
 
 That on the 1st day of June, 1906, the defendants 
 (naming them) did unlawfully and feloniously conspire,
 
 Form or Indictment 699 
 
 combine, confederate, and agree together to injure, op- 
 press, threaten and intimidate a certain citizen of the 
 United States, to wit, John Reed, in the free exercise and 
 enjoyment of rights and privileges secured to him by 
 the Constitution and laws of the United States, to wit, 
 the right to the free exercise and enjoyment of freedom 
 from involuntary servitude and slavery; that in pur- 
 suance of said unlawful and felonious conspiracy, com- 
 bination, confederation, and agreement, and to effect the 
 object thereof, the said defendants (naming them) did 
 then and there unlawfully and feloniously arrest, hold, 
 imprison, and guard him, the said John Reed, and then 
 and there unlawfully and feloniously compel by threats 
 and intimidation him, the said John Reed, to then and 
 there work and labor involuntarily and against his will 
 for said defendants (naming them), contrary to the form 
 of the statute in such case made and provided, and 
 against the peace and dignity of the United States. 
 
 Under Peonage Statute. 
 
 (United States vs. McClellan, 127 Federal, page 971.) 
 The grand jurors of the United States, selected, 
 chosen, and sworn in and for the Eastern Division of the 
 Southern District of Georgia, upon their oaths present: 
 That heretofore, to wit, on the eleventh day of August 
 in the year of our Lord one thousand nine hundred and 
 two, one Thomas J. McClellan, late of said division and 
 district, within said division and district, and within the 
 jurisdiction of this Court, did then and there knowingly 
 and unlawfully cause one John Wesley Boney to be held 
 to a condition of peonage; for that the said Thomas J. 
 McClellan in the county of Ware, in the State of Georgia, 
 did forcibly seize the body of the said John Wesley 
 Boney, without his consent and without authority of 
 law, and did then and there sell the body of the said 
 John Wesley Boney, without his consent and without 
 authority of law, to Edward J. McRee, William McRee, 
 and Frank I. McRee, then and there causing him, th 
 said John Wesley Boney, to be held by the said Edward 
 J. McRee, William McRee, and Frank I. McRee to a
 
 700 Federal Criminal, Law Procedure. 
 
 condition of peonage; for that the said Edward J. Mc- 
 Ree, William McRee and Frank I. McRee then and there 
 having obtained the custody of the body of the said John 
 Wesley Boney, did then and there, by force and against 
 the will of him, the said John Wesley Boney, and with- 
 out authority of law, transport the body of the said John 
 Wesley Boney to the county of Lowndes, in said State, 
 and did then and there hold the said John Wesley Boney, 
 against his will, to labor for them, to work out a debt 
 which they, the said Edward J. McRee, William Mc- 
 Ree, and Frank I. McRee, claimed to be due them by 
 the said John Wesley Boney, and to labor under the 
 terms of an alleged cantract between them, the said Ed- 
 ward J. McRee, William McRee, and Frank I. McRee, 
 and the said John Wesley Boney; he, the said Thomas 
 J. McClellan, then and there well knowing that the said 
 John Wesley Boney would be so held as aforesaid by 
 the said Edward J. McRee, William McRee, and Frank 
 I. McRee; whereby, in the manner aforesaid, the said 
 Thomas J. McClellan did cause the said John Wesley 
 Boney to be held to a condition of peonage, contrary to 
 the form of the statute in such case made and provided, 
 and against the peace and dignity of the United States. ' ' 
 
 For Returning One to Peonage. 
 
 (Page 727, 49 Law Ed.; approved in Clyatt vs. U. S., by 
 the Supreme Court, 197 U. S., 207.) 
 
 The grand jurors of the United States of America im- 
 paneled and sworn within and for the district aforesaid, 
 on their oaths present that one Samuel M. Clyatt, here- 
 tofore, to wit: on the eleventh day of February, in the 
 year of our Lord one thousand nine hundred and one, 
 in the county of Levy, State of Florida, within the dis- 
 trict aforesaid, and within the jurisdiction of this court, 
 did then and there unlawfully and knowingly return one 
 Will Gordon and one Mose Ridley to a condition of 
 peonage, by forcibly, and against the will of them, the 
 said Will Gordon and the said Mose Ridley, returning 
 them, the said Will Gordon and Mose Ridley, to work 
 to and for Samuel M. Clyatt and H. H. Tift, co-partners
 
 Form of Indictment 701 
 
 doing business under the firm name and style of Clyatt 
 & Tift, to be held by them, the said Clyatt & Tift, to 
 work out a debt claimed to be due to them, the said Clyatt 
 & Tift, by the said Will Gordon and Mose Kidley; contrary 
 to the form of the statute in such case made and pro- 
 vided, and against the peace and dignity of the United 
 States." 
 
 For Polygamy, Under Section 313, Approved by Su- 
 preme Court in Cannon vs. United States, 116 
 U. S., 55, 29 Law Ed., 563. 
 
 The grand jury of the United States of America, with- 
 in and for the district aforesaid, in the territory afore- 
 said, being duly empaneled and sworn, on their oaths 
 do find and present: that Angus M. Cannon, late of said 
 district, in the territory aforesaid, to wit: on the first 
 day of June, in the year of our Lord 1882, and on divers 
 other days and continuously between the said first day 
 of June, A. D. 1882, and the first day of February, A. D. 
 1885, at the County of Salt Lake and Territory of Utah, 
 did unlawfully cohabit with more than one woman, to 
 wit: one Amanda Cannon and one Clara C. Mason, some- 
 times known as Clara C. Cannon, against the form of the 
 statute of the said United States in such case made and 
 provided, and against the peace and dignity of the same. 
 
 Under Section 3242 as Amended Illegal Retail Liquor 
 
 Dealer, Approved in Ledbetter vs. U. S., 170 
 
 U. S., 608, 42 Law Ed., 1162. 
 
 That Lewis Ledbetter, late of said district, heretofore, 
 to wit, on the 10th day of April, A. D. 1896, in the County 
 of Appanoose, and town of Dallas, in the Southern Dis- 
 trict of Iowa, and within the jurisdiction of this Court, 
 did then and there wilfuly, unlawfully, and feloniously 
 carry on the business of a retail liquor dealer without 
 first having paid the special tax therefor, as required 
 by law, contrary to the statute in such case made and 
 provided, and against the peace and dignity of the United 
 States of America.
 
 702 Federal Criminal Law Procedure. 
 
 For Sale of Oleomargarine Not Properly Marked and 
 
 Branded; Approved in Ex Parte Kollock, 165 
 
 U. S., 526, Law Ed., 814. 
 
 The first indictment against Kollock set forth that pur- 
 suant to the authority conferred on the Commissioner 
 of Internal Revenue by the 6th section of the Act of 
 August 2, 1886, "the said commissioner, with the ap- 
 proval of the Secretary of the Treasury, did, on the 
 twelfth day of March, in the year of our Lord one thou- 
 sand eight hundred and ninety-one, proscribed certain re 
 gulations, in substance and to the effect, among other 
 things, that the wooden or paper packages in which re- 
 tail dealers in oleomargarine were required by said Act 
 of Congress to pack the oleomargarine sold by them, 
 such retail dealers, should have printed or branded upon 
 them in the case of each sale, the name and address of 
 the retail dealer making the same; likewise, the words 
 'pound' and 'oleomargarine' in letters not less than one- 
 fourth of one inch square, and likewise a figure or 
 figures of the same size, indicating (in connection with 
 the said words 'pound' and 'oleomargarine'), the quan- 
 tity of oleomargarine so sold, written, printed, or brand- 
 ed on such wooden or paper packages and placed be- 
 fore the said word 'pound,' and that the said words 'oleo- 
 margarine' and 'pound' so required to be printed or 
 branded on such packages as aforesaid in the case of 
 each sale as aforesaid, and the said figure or figures so 
 indicative of quantity as aforesaid in the case of each 
 sale as aforesaid, and so required to be written, printed, 
 or branded on such packages as aforesaid should be so 
 placed thereon as to be plainly visible to the purchaser 
 at the time of the delivery to him, such purchaser, by re- 
 tail dealers of the oleomargarine sold to such purchaser 
 by them, such retail dealers." 
 
 And thus continued : 
 
 "That on the fourteenth day of January, in the year of our Lord 
 one thousand eight hundred and ninety-six, and at the District afore- 
 said, one Israel C. Kollock, late of the District aforesaid, being then 
 and there engaged in business as a retail dealer in oleomargarine, 
 at a store of him, the said Israel C. Kollock, situated on Fourth Street, 
 southeast, in the city of Washington, in the said district, did then
 
 Form of Indictment 703 
 
 and there, and at said store knowingly sell and leliver to a certain 
 Florence Davis one-half of one pound of olemargarine as and for 
 butter, which said one-half of one pound of olemargarine was not 
 then and there and at the time of such sale and delivery thereof, 
 packed in a new wooden or paper package having then and there print- 
 ed or branded thereon the name and address of him, the said Israel 
 C. Kollock, in letters one-fourth of one inch square, and the words 
 'pound' and 'olemargarine' in letters of like size, and a figure or fig- 
 ures of like size written, printed, or branded thereon indicative (in 
 connection with the said words 'pound' and 'oleomargarine') of the 
 quantiity of oleomargarine so sold and delivered to her, the said 
 Florence Davis, as aforesaid, and which said one-half of one pound 
 of oleomargarine at the time it was so knowingly sold and delivered 
 to her, the said Florence Davis, as aforesaid, by him, the said Israel 
 C. Kollock, as aforesaid, was then and there and at the time of the 
 sale and delivery thereof as aforesaid packed in a paper package 
 upon which there had not been printed, branded, or written any or 
 either of the marks and characters aforesaid so required by the 
 said regulations to be placed thereon as aforesaid as he, the said Israel 
 C. Kollock, then and there well knew, against the form of the statute, 
 etc., etc." 
 
 For Conspiracy to Violate Section 5358, to Plunder or 
 Steal from Vessel, (7 Federal, 716). 
 
 The indictment alleges that the defendants — 
 
 "Did conspire, combine, confederate, and agree together between 
 and among themselves, to plunder certain goods and merchandise, 
 a more particular description of which said goods and merchandise 
 being to the grand jurors aforesaid unknown, then and there belong- 
 ing to the steamboat City of Vicksburg, the said steamboat being then 
 and there wrecked and in distress on the waters of the Mississippi 
 River, within the admiralty and maritime jurisdiction of the United 
 States, while engaged in commerce and navigation in said river, to 
 wit, between Vicksburg, in the State of Mississippi, and St. Louis, 
 in the State of Missouri; and that, to effect the object of the said 
 conspiracy the said Hercules Sanche then and there furnished and 
 loaned to the said John Woods and Elias Boatright a certain skiff 
 to be used by them, the said Woods and the said Boatright, in plun- 
 dering said goods and merchandise from the said steamboat." 
 
 Under Section 5438, (Bridgeman vs. United States, 140 
 
 Federal, 578). 
 
 The twenty-first count is in these words: 
 
 "And the grand jurors aforesaid, upon their oaths and affirmations 
 aforesaid, do further find, charge and present: That one Morris L.
 
 704 Federal Criminal Law Procedure. 
 
 Bridgeman, late of the State and district of Montana, before and on 
 the 5th day of October, A. D. 1901, and thenceforth until and on and 
 after the 31st day of January, A. D. 1902, was then and there the 
 United States Indian Agent at and of the Fort Belknap Indian reser- 
 vation, in the State and district of Montana. That on the said 31st 
 day of January, A. D. 1902, in the State and district of Montana, the 
 said Morris L. Bridgeman, United States Indian Agent as aforesaid, 
 did then and there knowingly, wilfully, and unlawfully make and 
 cause to be made, and present and cause to be presented for approval, 
 to the Commissioner of Indian Affairs of the United States, being then 
 and there an officer of the civil service of the United States, a false, 
 fictitious, and fraudulent claim upon and against the government of 
 the United States for the sum of two hundred and eighty-five dollars 
 and eighty-eight cents; that is to say, a certain claim purporting 
 that the said Morris L. Bridgeman, as United States Indian Agent 
 as aforesaid, had then and there expended and paid the said sum of 
 two hundred and eighty-five dollars and eighty-eight cents to two 
 certain Indians, to wit, Turns Around and Bracelet, in payment of 
 fourteen thousand two hundred and ninety-four feet of rough lumber, 
 and that the said aggregate sum of two hundred and eighty-five dol- 
 lars and eighty-eight cents had been so expended and paid by said 
 Morris L. Bridgeman, as United States Indian Agent, as aforesaid 
 by paying to said Indian, Turns Around, the sum of eighty-five dollars 
 and eighty-eight cents for four thousand two hundred and ninety- 
 four feet of rough lumber, and by paying to said Indian, Bracelet, 
 the sum of two hundred dollars for ten thousand feet of rough lumber. 
 That the said claim was then and there, to wit, at the time of the 
 making and presenting thereof as aforesaid, false, fictitious, and 
 fraudulent in this: that the said Morris L. Bridgeman, United States 
 Indian Agent, as aforesaid, had not paid the said sum of two hundred 
 and eighty-five dollars and eighty-eight cents to said Indians, Turns 
 Around and Bracelet, or either of them, in payment of fourteen 
 thousand two hundred and ninety-four feet of rough lumber, and had 
 not paid to said Indian, Turns Around, the sum of eighty-five dollars 
 and eighty-eight cents for four thousand two hundred and ninety- 
 four feet of rough lumber, and had not paid to said Indian; Bracelet, 
 the sum of two hundred dollars for ten thousand feet of rough lumber; 
 and that the said Morris L. Bridgeman, United States Indian Agent, 
 as aforesaid, was not then and there entitled to have the said claim, 
 so made and presented by him, as aforesaid, approved, he, the said 
 Morris L. Bridgeman, United States Indian Agent, as aforesaid, at 
 the time of so making and presenting the said claim, then and thera 
 well knowing the same to be false, fictitious, and fraudulent. And 
 so the grand jurors aforesaid, upon their oaths aforesaid, do say 
 that the said Morris L. Bridgeman, United States Indian Agent, as 
 aforesaid, in the State and district of Montana, and in manner and 
 form aforesaid, did, on the thirty-first day of January, A. D. 1902, 
 make and cause to be made, and present and cause to be presented,
 
 Form of Indictment f05 
 
 for approval, to the said Commissioner of Indian Affairs of the United 
 States, a claim upon and against the Government of the United States, 
 which said claim, he, the said Morris L. Bridgeman, then and there 
 well knew to be false, fictitious and fraudulent, contrary to the form 
 of the statute in such case made and provided, and against the peace 
 and dginity of the United States of America." 
 
 Under Section 39, (Vernon vs. United States, 146 
 
 Federal, 122). 
 
 "That J. B. Vernon, whose Christian name is to the grand jurors 
 aforesaid unknown, on the 1st day of August, in the year 1902, in the 
 Northern Division of the Eastern Judicial District of Missouri, and 
 within the jurisdiction of this court, did unlawfully, feloniously, and 
 corruptly offer and give a large sum (the exact amount thereof being to 
 the grand jurors aforesaid unknown) of the lawful money of the United 
 States to one Charles L. Blanton, who was then and there, as he the said 
 J. B. Vernon then and there well knew, a person acting for and on be- 
 half of the United States in an official function under and by the 
 authority of a department of the Government, to wit, the Treasury 
 Department of the United States, with the intent then and there 
 of him, the said J. B. Vernon, to unlawfully, feloniously and corrupt- 
 ly influence the action of the said Charles L. Blanton on a matter 
 then and there pending before him in said official function as afore- 
 said, that is to say, in making examination of and reporting and 
 recommending to the Secretary of the Treasury a site for a United 
 States post-office at Kirksville, Missouri, contrary to the form of the 
 statute in such case made and provided and against the peace and 
 dignity of the United States." 
 
 For Larceny of Personal Property of United States, 
 
 Under Section 46, (United States vs. Jones, 
 
 69 Federal, 973). 
 
 The first count of the indictment charged that the de- 
 fendant, on the fifteenth day of June, 1893, and before 
 the finding of this indictment, — 
 
 "Did unlawfully and feloniously take, steal and carry away from 
 the United States Mint at Carson City, State and District of Nevada, 
 personal property, to wit, gold metal, which said personal property 
 belonged to the United States of America, and which said personal 
 property was of the value of $23,000; the said unlawful and felo- 
 nious taking and carrying away being with the intent, then and there, 
 to steal the said property, and defraud the United States of America 
 thereof," etc. 
 45
 
 706 Federal Criminal Law Procedure. 
 
 Under Section 79, (Green vs. United States, 150 Federal, 
 
 561). 
 
 "He, the said John Francis Green, then and there being at the time 
 and place of said registration as aforesaid, came in person before 
 Frank Asche Faron, then and there and before that time being a depu- 
 ty registrar of voters at said registration for said election aforesaid, 
 and made application and made and subscribed an affidavit for the 
 purpose of causing himself to be registered as a voter at said regis- 
 tration, for said election; and the said John Francis Green so making 
 the said application to be registered as said registraton, at and upon 
 the making of said affidavit, it became and was then and there material 
 to know whether the said John Francis Green had been naturalized 
 as a citizen of the United States of America; and, thereupon, the said 
 John Francis Green then and therewas in due manner sworn by the 
 said Frank Asche Faron, and made oath before him then and there of 
 and concerning the truth of the matter contained in the said affidavit; 
 he, the said Frank Asche Faron, then and there being said deputy 
 registrar of voters as aforesaid, and having then and there competent 
 authority to administr the said oath to the said John Francis Green in 
 that behalf; and the said John Francis Green so being sworn as 
 aforesaid, then and there, in and by his said affidavit, wilfully, cor- 
 ruptly, and falsely, and contrary to his said oath, did depose and swear, 
 as in the said affidavit set forth, that he was naturalized in the State 
 of California on the 8th day of November, in the year 1900, whereas, 
 in truth and fact, as the said John Francis Green well knew at the 
 time he was so sworn and made affidavit, as aforesaid, the said John 
 Francis Green at the time he was so sworn and made affidavit, as 
 aforesaid, had never been naturalized as a citizen of the United States 
 of America, and was an alien." 
 
 Under Section 126, Subornation of Perjury, (Boren vs. 
 United States, 144 Federal, 801). 
 
 The first count charges that the accused, ' ' on the four- 
 teenth day of November, in the year of our Lord one 
 thousand nine hundred and four; at Redding, in the 
 county of Shasta, State and Northern District of Cali- 
 fornia, then and there being, did then and there unlaw- 
 fully, wilfully, knowingly, and feloniously precure, in- 
 stigate, and suborn one John M. Layton to appear and 
 take an oath before one Frank M. Swasey that a certain 
 declaration and affidavit by him, John M. Layton, sub- 
 scribed was true, said declaration and affidavit being then 
 and there a matter in which the laws of the United States 
 authorize an oath to be administered — that is to say,
 
 Form of Indictment 707 
 
 a sworn statement, — for the purchase of timber and 
 stone lands described therein as the northwest quarter 
 of Section eight, twonship thirty-two north, of range 
 eight west, in the district of lands subject to sale at 
 Redding, California, and said Frank M. Swasey was 
 then and there an officer competent to administer said 
 oath— that is to say, the register of the United States 
 land office at Redding— and that, in accordance with said 
 procurement, instigation, and subornation, the said Frank 
 M. Layton did appear before the said Frank M. Swasey 
 and take an oath that the said Harry W. Miller, Frank 
 E. Kincart, and William H. Boren, and each of them, 
 did then and there unlawfully, wilfully, knowingly, and 
 feloniously procure, instigate, and suborn said John M. 
 Layton wilfully and contrary to his oath to state and 
 subscribe in said declaration and affidavit a certain false 
 and untrue material statement that he, John M. Lavton, 
 had personally examined the lands mentioned in said 
 declaration and affidavit, and that he did not apply to 
 purchase the land above described on speculation, but in 
 good faith to appropriate it to his own exclusive use and 
 benefit, and that he had not directly or indirectly made 
 any agreement or contract, or in any way or manner, 
 with any person or persons whomsoever, by which the 
 title he might acquis from the United States may inure 
 in whole or in part to the benefit of any person except 
 himself, which statement he, John M. Layton, at the 
 time of stating and subscribing the same, did not believe 
 to be true, and knew to be untrue, in this: that he, John 
 M. Layton had not personally examined said lands, and 
 had theretofore entered into a contract for the sale of 
 said land to the Washington Mill & Lumber Company. 
 And that the said Harry W. Miller, Frank E. Kincart, 
 and William H. Boren, and each of them, at the time of 
 the aforesaid procurement, instigation, and subornation, 
 well knew that the aforesaid statement was a false and 
 untrue material statement, and well knew that said John 
 M. Layton did not believe the same to be true. ' '
 
 708 Fedekal Criminal, Law Pboceduee. 
 
 Under Section Clause of Section 5395, False Oath in 
 
 Naturalization, (Moore v. United States 
 
 144 Federal, 962). 
 
 "That George K. Moore, to wit, on the 10th day of November, in the 
 year of our Lord nineteen hundred and two, in the said district and 
 within the jurisdiction of said court, in a proceeding for natural- 
 ization of one Setrack G. Moomjian,, then and there in the Common 
 Pleas Division of the Supreme Court of the State of Rhode 
 Island, in and for the county of Providence pending, knowingly and 
 falsely before Alfred 0. Makee, a notary public in and for the County 
 of Providence, in said State of Rhode Island, duly qualified and auth- 
 orized to administer oaths to persons making affidavits in proceedings 
 for naturalization, did make a false affidavit touching matters in issue, 
 and material in said proceedings for the naturalization of said Se- 
 trak G. Moomjian; in this, to wit, that he, the said George K. Moore, 
 in said affidavit falsely swore that he, said Setrak G. Moom: 
 had resided in Providence, in the said State of Rhode Island, for 
 seven years last past, whereas in truth and in fact, the said Setrak 
 G. Moomjian was at the date aforesaid, to wit, on the 10th day of 
 November, A. D. 1902, a resident of the commonwealth of Massachu- 
 setts, to wit, the city of Worcester, and was not a resident of the 
 State of Rhode Island, nor had he been such resident for a period of 
 more than one year next before the 10th day of November, A. D. 1902. 
 And the grand jurors aforesaid, on their oath aforesaid, further pre- 
 sent that said affidavit so as aforesaid made by the said G i" 
 Moore was false and untrue, and was by the said George K. Moore 
 known to be so false and untrue at the time of the making thereof, 
 and that the said George K. Moore therein swore falsely to the resi- 
 dence of said Setrak G. Moomjian, contrary to the form of the statute 
 in such case made and provided, and against the peace and dignity 
 of the United States." 
 
 For Murder on the High Seas, (St. Clair vs. United, 
 States, Book 38 Law Ed., 937). 
 
 The indictment charged that Thomas St. Clair, Her- 
 man Sparf, and Hans Hansen, mariners, late of that dis- 
 trict, on the 13th day of January, 1893, with force and 
 arms, on the high seas, and within the jurisdiction of the 
 Court, and within the admiralty and maritime jurisdic- 
 tion of the United States, and out of the jurisdiction of 
 any particular State of the United States, in and on board 
 of an American vessel, the bark Hesper, belonging to a 
 citizen or citizens of the United States, whose name or 
 names are or were to the grand jurors unknown, did, with
 
 Form of Indictment 709 
 
 a certain instrument or weapon (the character and name 
 of which were to the grand jury unknown) then and 
 there held in the hands of one of the defendants (but 
 of which particular one was to the grand jurors un- 
 known) ''then and there piratically, wilfully, and feloni- 
 ously, and with malice aforethought, strike and beat the 
 said Maurice Fitzgerald, then and there giving to the 
 said Maurice Fitzgerald, several grievous, dangerous, 
 and mortal wounds, and did then and there, to wit, 
 at the time and place last above mentioned, him the said 
 Maurice Fitzgerald cast and throw from and out of the 
 said vessel into the sea, and plunge, sink, and drown him 
 the said Maurice Fitzgerald in the sea aforesaid ; of which 
 said mortal wounds, casting, throwing, plunging, sink- 
 ing, and drowning the said Maurice Fitzgerald in and 
 upon the high seas aforesaid, out of the jurisdiction of 
 any particular State of the United States of America, then 
 and there instantly died. 
 
 "And the grand jurors aforesaid, upon their oath aforesaid, do say, 
 
 that by reason of the casting and throwing the said Maurice iPitz- 
 
 gerald in the sea as aforesaid, they cannot describe the said mortal 
 
 wounds or the character and nature of said weapon or instrument. And 
 
 so the grand jurors aforesaid, upon their oaths aforesaid, do say that 
 
 the said Thomas St. Clair, Herman Sparf, and Hans Hansen, him 
 
 the said Maurice Fitzgerald at the time and place as aforesaid, upon 
 
 the high seas as aforesaid, out of the jurisdiction of any particular 
 
 State of the United States of America, in and upon the said American 
 
 vessel, within the jurisdiction of the United States of America and of 
 
 the admiralty and maritime jurisdiction of the said United States 
 
 of America and of this court, in the manner and form aforesaid, 
 
 piratically, wilfully, feloniously, and with malice aforethought, did 
 kill and murder, against the peace and dignity of the United States 
 
 of America, and contrary to the form of the statute of the said United 
 
 States of America, in such case made and provided." 
 
 For Falsely Certifying Checks Under Section 5208. 
 
 (Approved in Potter vs. U. S., 155 U. S., 444; 39 Law Ed., 
 
 215.) 
 
 The count, after stating time and venue, and that the 
 defendant was president of the Maverick National Bank, 
 and authorized to lawfully certify checks, charged. 
 
 "That said Potter as such president as aforesaid, did then and 
 there, to wit, on said twenty-third day of July, at Boston, aforesaid,
 
 710 Fedeeal Ceiminal Law Peoceduee. 
 
 within said district, and within the jurisdiction of this court, unlaw- 
 fully, knowingly, and wilfully certify a certain check which said 
 check was then and there drawn upon said association for the amount 
 of twenty-four hundred and fifty dollars by certain persons, to wit, 
 Irving A. Evans, Austin B. Tobey, and William S. Bliss, copartners, 
 then and there doing business under the firm name and style of 
 Irving A. Evans and Company, and which said check was then and 
 there of the tenor following — that is to say: 
 
 'Boston, July 23, 1891. $2450. No. 54493. 
 
 Maverick National Bank. 
 
 Pay to the order of Hayward & Townsend, $2450, twenty- 
 four hundred and fifty dollars. 
 
 Irving A. Evans & Co. 
 
 by then and there writing, placing and putting in and upon and 
 across the face of said check the words and figures following — that 
 is to say: 
 
 'Maverick National Bank. 
 
 Certified July 23, 1891. 
 
 Pay only through clearing house. 
 
 A. P. Potter, P.' 
 (meaning said Asa P. Potter, such president as aforesaid.) 
 
 ' ■ , Paying Teller.' 
 
 that the said persons, as copartners under the firm name and style 
 as aforesaid, by whom said check was then and there drawn as afore- 
 said, did not then and there, to wit, at the time said check was so 
 certified by said Potter as aforesaid, have on deposit with said associa- 
 tion an amount of money then and there equal to the amount then 
 and there specified in said check, to wit, the amount of twenty-four 
 hundred and fifty dollars in money, as he, the said Potter, then and 
 there well knew, against the peace and dignity of the United States 
 and contrary to the form of the statute in such case made and pro- 
 vided. 
 
 Under Section 5209, for Embezzlement by Bank 
 
 Officers. 
 
 (Approved in United States vs. Northway, 120 U. S., 
 327; 30 Law Ed., page 665.)
 
 Form of Indictment 711 
 
 The count charges that the defendant, with proper al- 
 legations of time and place, "was then and there presi- 
 dent and agent of a certain national banking association; 
 to wit, 'The Second National Bank of Jefferson,' there- 
 tofore duly organized and established and then existing 
 and doing business in the Village of Jefferson and County 
 of Ashtabula, in the division and district aforesaid, under 
 the laws of the United States; and the said Stephen A. 
 North way, as such president and agent, then and there 
 had and received in and into his possession certain o*' 
 the moneys and funds of said banking association of 
 the amount and value of twelve thousand dollars, to wit, 
 then and there being the property of said banking as- 
 sociation, and then and there being in the possession of 
 said Stephen A. Northway, as such president and agent 
 aforesaid, he, the said Stephen A. Northway, then and 
 there wrongfully unlawfully, and with intent to injure 
 and defraud said banking association, did embezzel and 
 convert to his, said Stephen A. Northway 's own use,' ; 
 etc. 
 
 Under Section 32 for Falsely Pretending to be an United 
 
 States Officer. 
 
 did then and there unlawfully, fraudulently, and 
 
 falsely assume and pretend to be an officer, acting under 
 the authority of the United States, to wit, a Deputy 
 United States Marshal, and did then and there take upon 
 himself to act as such Deputy United States Marshal, 
 and did then and there, in such pretended character, 
 
 obtain from five dollars, lawful current money of 
 
 the United States of America, and of the value of five 
 dollars, with the intention of him, the said to de- 
 fraud the said ; and the said five dollars was ob- 
 tained from the said by the said pretending 
 
 to be an officer of the United States, as aforesaid, and act- 
 ing under the authority of the United States, with the in- 
 tention of him the said , so pretending to be an of- 
 ficer as aforesaid, to defraud the said of the said 
 
 five dollars, and the value thereof; all of which was 
 against the peace, etc.
 
 712 Federal Criminal Law Procedure. 
 
 General Form for Beginning and Ending of Indictment 
 At a regular term of the United States District Court 
 for the Northern District of Texas, begun and h olden at 
 Dallas, Texas, on the second Monday of January, A. 
 D., 1911, which was the eleventh day of said month, the 
 grand jurors wherefor, good and lawful men, duly select- 
 ed, empaneled, sworn, and charged to inquire into and 
 a true presentment make of all crimes and offenses cog- 
 nizable under the authority of the laws of the United 
 States of America, committed within the Northern Dis- 
 trict of Texas, upon their oaths present into open Court 
 that heretofore, to wit, etc., all of which was con- 
 trary to the form of the statute in such case made and 
 provided, and against the peace and dignity of the United 
 States of America. 
 
 Foreman of the Grand Jury. 
 
 District Attorney. 
 
 Under Section 37 of the New Code for Conspiracy 
 Against the United States. 
 
 that heretofore, to wit, on the day of 
 
 , A. D. 1910, one John Doe and one Richard 
 
 Roe, did unlawfully, fraudulently, and feloniously con- 
 spire together to commit an offense against the United 
 States of America, to wit, to transport from one State 
 to another State in the United States, certain obscene, 
 lewd, and lascivious matter; and he, the said John Doe, 
 and he, the said Richard Roe, in pursuance to said con- 
 spiracy, and to effect the object thereof, did, on the 
 
 day of , transport, carry, and send 
 
 from Dallas, in the State of Texas, to Little Rock, in 
 the State of Arkansas, certain obscene, lewd, and lascivi- 
 ous pamphlets which said obscene, lewd, and lascivi- 
 ous pamphlets were too lewd, obscene, and lascivious to 
 be here set out and made a part of the records of this 
 honorable Court, but which said pamphlets began with 
 
 the words and ended with the words ; 
 
 contrary to the form of, etc.
 
 Form of Indictment 713 
 
 Under Section 211 of the New Code, Old Section 3893, 
 for Mailing Obscene Matter. . . 
 
 that heretofore, to wit, on the clay of 
 
 , John Doe did unlawfully, knowingly, and 
 
 wilfully, deposit and cause to be deposited in the United 
 States Post-office at Dallas, Texas, for mailing and de- 
 livery, certain non-mailable matter; that is to say, he, 
 the said John Doe, on the date aforesaid, and within 
 the venue aforesaid, did unlawfully, knowingly, and wil- 
 fully deposit the cause to be deposited, for mailing and 
 delivery in the post-office of the United States at Dallas, 
 Texas, a certain envelope, which said envelope was duly 
 stamped with a two-cent United States postage stamp, 
 and which said envelope was addressed "Mrs. Richard 
 Roe, St. Louis, Missouri," and which said envelope, so 
 stamped and so addressed, and so deposited and caused 
 to be deposited, then and there contained one sheet of 
 paper, upon which said sheet of paper there was writing, 
 but which said writing is too obscene, lewd, and lascivi- 
 ous to be here set out and made a part of the records of 
 this honorable Court, but which said writing began 
 
 , and ended ; and the said envelope so 
 
 deposited and caused to be deposited, and so containing 
 the said sheet of paper, with the writing thereof afore- 
 said, was by him, the said John Doe, so deposited and 
 caused to be deposited, with full knowledge upon his 
 part of the writing aforesaid upon the said sheet of paper, 
 and the import thereof; all of which was contrary, etc. 
 
 Under Section 192 of the New Code, Old Section 5478, 
 for Breaking Into and Entering Post-office. 
 
 did unlawfully forcibly, and feloniously, break 
 
 into and enter a certain building used in part as the Post- 
 office of the United States at , with the intent to 
 
 commit larceny in that part of said building so used as 
 said United States Post-office at ; contrary, etc.
 
 714 Federal Criminal Law Procedure. 
 
 Under Section 215 of the New Code, old Section 5480, 
 for Use of United States Mails to Promote 
 
 Fraud. 
 
 did unlawfully, knowingly, and fraudulently de- 
 vise a scheme and artifice to defraud, which said scheme 
 and artifice to defraud was to be effected by the use and 
 misuse of the United States Post-office establishment; 
 and in furtherance of said scheme, did deposit and cause 
 to be deposited in the United States mails, for mailing 
 and delivery, divers letters and packets; which said 
 scheme and artifice to defraud was, in substance, as fol- 
 lows, to wit: that the said would pretend to 
 
 be engaged in the legitimate business of a wholesale deal- 
 er in produce, able and willing to pay for consignments 
 of produce, and being financially responsible, and that he 
 would make prompt and ready remittance for such con- 
 signments of produce as were made to him; that such 
 representations would be made to produce dealers 
 throughout the United States of America who were 
 residents of towns other than that in which the said 
 
 would purport to carry on the said business; 
 
 that when the said produce dealers residing in towns 
 other than that in which the said would pur- 
 port to carry on said business, would make consignments 
 
 in answer to said letters, of produce, to the said , 
 
 that the said would sell the said produce and 
 
 convert the proceeds thereof to his own use and benefit, 
 and make no remittance for the said produce, or any 
 
 part thereof, and that the said did not intend 
 
 to make remittance for the said produce, or any part 
 thereof, or to pay for the same at any time, but, as afore- 
 said, he would convert the produce and the proceeds to 
 his own use and benefit; and in pursuance of such scheme 
 and artifice, and to effect the object thereof, he, the 
 
 said , on the day of , 
 
 within the jurisdiction of this Court, to wit, within 
 
 , etc., did unlawfully, knowingly, fraudulently, 
 
 and feloniously deposit and cause to be deposited, for 
 mailing and delivery in the United States Post-office at 
 
 , a certain envelope, duly stamped with two- 
 
 cent United States postage stamps, and addressed to
 
 Form of Indictment 715 
 
 , and which said envelope, so deposited, and 
 
 so stamped and addressed, contained the following letter, 
 
 to wit: 
 
 and the grand jurors aforesaid, upon their oaths afore- 
 said, represent and show to the Court that the said 
 did not intent to pay the prices for the pro- 
 duce in said letter set forth and promised; that he was 
 not financially responsible as represented in said letter; 
 that he was not a reputable and legitimate produce deal- 
 er, as represented in said letter, but intended, as afore- 
 said, to appropriate the proceeds of the produce shipped 
 to him in response thereto to his own use and benefit, 
 and to not pay for the same, or any part thereof; con- 
 trary to the form, etc. 
 
 Under Section 206 of the New Code, False Returns to 
 Increase Compensation of Postmaster. 
 
 one John Doe was postmaster of the United 
 
 States Post-office at , in said county and dis- 
 trict, the same being a post-office of the fourth class; 
 
 and the said , so being such postmaster, as 
 
 aforesaid, on the date aforesaid, and in the county and 
 district aforesaid, did unlawfully, knowingly, and fraudu- 
 lently, for the purpose of fraudulently increasing his 
 compensation as such postmaster, under the act of Con- 
 gress, make a certain false return to the Auditor of the 
 Treasury for the Post-office Department of the United 
 States; that is to say, a certain false return of the amount 
 of postage stamps, stamped envelopes, postal-cards, and 
 newspaper and periodical stamps canceled as postages 
 on matter actually mailed at the said post-office, and of 
 postage due stamps canceled in payment of under-charges 
 and unpaid postages upon matter delivered at the said 
 
 post-office during the quarter ending the day 
 
 of , by which said return the said amount ap- 
 peared and was alleged to be dollars and 
 
 cents, which said return, at the time it was so made, 
 
 as aforesaid, was false in this: that the amount of postage 
 stamps, stamped envelopes, postal cards, and newspaper 
 and periodical stamps canceled as postage on matter 
 actually mailed at the said post-office, and of postage due
 
 716 Federal Criminal Law Procedure. 
 
 stamps canceled in payment of undercharges and un- 
 paid postages upon matter delivered at the said post- v 
 
 office during the quarter aforesaid, was not 
 
 dollars and cents, or any such sum, but was 
 
 a different and much smaller sum, to wit, 
 
 dollars, as he the said , at the time of making 
 
 the said return, as aforesaid, then and there well knew; 
 all of which was contrary, etc. 
 
 Form of Indictment Under Section 125, Old Section 
 
 5392, for Perjury. 
 
 "The United States of America. 
 
 "At a District Court of the United States of America, for the Dis- 
 trict of Massachusetts, begun and • holden at Boston, within and for 
 said district, on the first Tuesday of December in the year of our 
 Lord one thousand nine hundred and nine. 
 
 "First Count. The jurors for the United States of America, within 
 and for the District of Massachusetts, upon their oath, present that 
 Frank H. Mason, of Boston, in said district, at the several times of 
 the committing of the several offenses in this indictment hereafter 
 charged, was clerk of the District Court of the United States for the 
 District of Massachusetts, and as such clerk was by law required to 
 make to the Attorney General of the United States, on the first days 
 of January and July, in each year, and in the form prescribed by 
 said Attorney General, a written return for the half year ending on 
 said days respectively, showing, among other things, all the fees 
 and emoluments of his office, of fevery name and character, and all 
 the necessary expense of his office, and to verify such return by his 
 oath; that said Frank H. Mason, on the twenty-fourth day of Septem- 
 ber, in the year nineteen hundred and eight, at Boston aforesaid, then 
 so being such clerk, came in person before the Honorable Frederic 
 Dodge, then and before that time judge of the District Court of the 
 United States for the District of Massachusetts, and then and there 
 made and described a certain declaration and certificate in writing 
 before said judge, on the occasion of his making his return as afore- 
 said as such clerk for the half year ending on the thirtieth day of 
 June, in the year 1908, and was, on the day first aforesaid, there in 
 due manner sworn by said judge touching the truth of the matters 
 contained in said return, and took his corporal oath, before said judge, 
 that said written declaration and certificate by him the said Frank 
 H. Mason subscribed was then just and true he the said Frederic 
 Dodge as such judge then and there having competent authority, and 
 being a tribunal and officer having authority, to administer said oath 
 and take said written declaration and certificate; and that said 
 Frank H. Mason then and there falsely, corruptly, and wilfully, and 
 contrary to his said oath, did in and by his said written declaration
 
 Form of Indictment 717 
 
 and certificate declare and certify certain material matters, among 
 other things, in substance and to the effect that said return was in all 
 respects just and true, according to his best knowledge and belief, 
 and that he had neither received, directly or indirectly, any other 
 money or consideration than therein stated, that the total amount 
 of fees and emoluments received in bankruptcy proceedings was six 
 thousand five hundred and fifteen dollars and eighty-five cents; that 
 the total amount of fees and emoluments, not in bankruptcy proceed- 
 ings, earned from parties other than the United States, was six hundred 
 and thirty-four dollars and eighty-three cents; and that the balance 
 then due to the United States from him as such clerk was four thou- 
 sand and nineteen dollars and forty-six cents; whereas in truth and in 
 fact said Prank H. Mason, at the time he took said oath and made 
 and subscribed said written declaration and certificate, had, as he 
 then well knew, received as such clerk, during said half year, fees 
 and emoluments in bankruptcy proceedings a much greater total 
 sum, to wit, the sum of six thousand six hundred and seventy-four 
 dollars and eighty-five cents, and had earned fees and emoluments, 
 not in bankruptcy proceedings, from parties other than the United 
 States, a much greater total sum, to wit, the sum of six hundred and 
 eighty-one dollars and eighty-three cents, and the balance then due 
 to the United States from him as such clerk was a much greater 
 sum, to wit, four thousand two hundred and twenty-five dollars and 
 forty-six cents; and whereas in truth and fact said Frank H. Mason 
 did not then believe it to be true that the total amount of such fees 
 and emoluments so received by him in bankruptcy proceedings was 
 six thousand five hundred and fifteen dollars and eighcy-five cents, 
 or that the total amount of fees and emoluments so earned by him, 
 not in bankruptcy proceedings and from parties other than the 
 United States, was six hundred and thirty-four dollars and eighty- 
 three cents, or that such balance then due to the United States was 
 four thousand and nineteen dollars and forty-six cents; and so said 
 Frank H. Mason, at the time and place, and in the manner and form 
 aforesaid, unlawfully did commit wilful and corrupt perjury." 
 
 Under Section 125 of the New Code, Old Section 5392, 
 
 for Perjury. 
 
 that heretofore, to wit, on the day of 
 
 , in the year , there came on to be 
 
 tried, in the District aforesaid, and in the United States 
 
 District Court, before the Honorable , judge 
 
 thereof, and a jury duly empaneled and sworn for that 
 purpose, a certain issue duly joined between the said 
 
 United States of America and one , upon a 
 
 criminal indictment duly returned and then pending in 
 said Court against the said for having unlaw-
 
 718 Federal Criminal Law Procedure. 
 
 fully engaged in the business of a retail liquor dealer 
 without first having paid the special tax thereof, as re- 
 quired by the United States statutes; and at and upon 
 a trial of the said issue in the said Court, before the said 
 
 judge and jury, to wit, on the day of 
 
 in the same said year of , and within the city and 
 
 district aforesaid, and State aforesaid, one John Jones 
 appeared and was produced as a witness for and on be- 
 half of the said defendant, the said , in the said 
 
 indictment, and was then and there duly sworn, and took 
 his oath as such witness before the said Court, that the 
 evidence which he, the said John Jones, should give on 
 the said trial should be the truth, the whole truth, and 
 nothing but the truth, the said Court then and there 
 having had competent authority to administer the said 
 oath to the said John Jones on that behalf; and the said 
 John Jones, so being sworn, as aforesaid, in the cause 
 aforesaid, in and by the Court aforesaid, it then and 
 there, upon the said trial of the said issue, became and 
 
 was a material inquiry whether and whether 
 
 ; and the grand jurors upon their oaths afore- 
 said, that the said John Jones, so being sworn and so 
 
 having taken his oath as aforesaid, on the said 
 
 day of , in the said year of , and 
 
 within the said county, division, district, and state afore- 
 said, upon the said trial of the said issue, as aforesaid 
 wilfully and corruptly, and contrary to his said oath 
 did swear and depose before the said Court and jury 
 amongst other things, in substance and to the effect fol 
 
 lowing; that is to say, that and that 
 
 whereas, in fact it was not, and is not, true, that 
 
 and that ; and at the time of so swearing and 
 
 deposing, the said John Jones did not believe it to be 
 
 true that and that ; and the grand 
 
 jurors aforesaid, upon their oaths aforesaid, do say 
 that the said John Jones, in the manner and form afore- 
 said, having taken an oath before a competent tribunal 
 aforesaid, in a case wherein a law of the said United 
 States authorized an oath to be administered that he 
 would truly depose and testify, wilfully, and contrary to 
 bis said oath, did depose and state material matters
 
 Form of Indictment 719 
 
 which he did not then believe to be true, and thereby did 
 commit wilful and corrupt perjury; contrary, etc. 
 
 For Making and Forging and Counterfeiting National 
 Bank Notes, New Section 149, Old Section 5414. 
 
 one with intent to defraud certain 
 
 persons to the grand jurors unknown, did unlawfully, 
 feloniously, and fraudulently falsely make, forge, and 
 counterfeit ten notes, in imitation of, and purporting to 
 be, circulating notes of the national bank currency of 
 the United States, to wit, the circulating notes of the 
 banking association, each of which said false- 
 ly made, forged, and counterfeited notes was in this ten- 
 or, as follows, to wit: (Here set out fully, or as nearly 
 completely as possible) ; and the said counterfeited, 
 falsely made, and forged circulating notes, as aforesaid, 
 were so falsely made, forged and counterfeited for the 
 purpose of defrauding certain persons, to the grand 
 jurors unknown; contrary, etc. 
 
 For Passing or Attempting to Pass Counterfeit Notes of 
 National Banking Associations. 
 
 did unlawfully, knowingly, fraudulently, 
 
 and feloniously pass, utter, and publish, and attempt to 
 pass, utter, and publish as true and genuine, a certain 
 falsely made, forged, and counterfeited note, purporting 
 
 to be issued by the bank of a 
 
 banking association which had theretofore been author- 
 ized, and was acting under the laws of the United States 
 of America, upon and to John Jones, with the intent and 
 
 purpose of him, the said of defrauding 1 the 
 
 said John Jones, the tenor of which said false, forged, 
 and counterfeit note is as follows, to- wit; that is to say, 
 
 (here set out the note) he, the said , at the 
 
 time of so passing, uttering, and publishing, and at- 
 tempting to pass, utter, and publish the aforementioned 
 falsely made, forged, and counterfeited note, upon and 
 to the said John Jones, then and there well knew that 
 the same said falsely made, forged, and counterfeited 
 note was falsely made, forged, and counterfeited, and
 
 720 Federal Criminal Law Procedure. 
 
 then and thereby intended to defraud the said John 
 Jones; contrary, etc. 
 
 Under Section 163 of the New Code, Old Section 5457, 
 for Counterfeiting Coins. 
 
 did then and there knowingly, wrongfully, un- 
 lawfully, fraudulently, and feloniously falsely make, 
 forge, and counterfeit, and cause and procure to be falsely 
 made, forged, and counterfeited, and willingly aided and 
 assisted in falsely making, forging and counterfeiting, 
 five hundred certain false, forged, and counterfeit coins, 
 each of which said false, forged, and counterfeit coins 
 was then and there in the resemblance and similitude of 
 the silver coins which had theretofore been coined at 
 the mints of the United States, and called silver dollars, 
 and he, the said John Doe, then and here knowing the 
 said false, forged, and counterfeit coins to be then and 
 there false, forged, and counterfeited, with the intent of 
 him, the said John Doe, then and there to defraud cer- 
 tain persons to the grand jurors unknown; contrary, etc. 
 
 For Passing, Etc., Counterfeit Coins, Section 163 of the 
 New Code, Old Section 5457. 
 
 And the grand jurors aforesaid, upon their 
 
 oaths aforesaid, do further present into open Court, that 
 
 heretofore, to wit, on the day of , 
 
 A. D , one John Doe, within the 
 
 Division of the District of , did 
 
 then .and there knowingly, wrongfully, feloniously, and 
 fraudulently, have in his possession five hundred 
 certain false, forged, and counterfeited coins, each 
 of which said, false, forged, and counterfeited coins 
 was then and there in the resemblance and sim- 
 ilitude of the silver coins which had theretofore 
 been coined at the mints of the United States and called 
 silver dollars, he, the said John Doe, then and there 
 knowing the said false, forged, and counterfeited coins 
 to be then and there false, forged, and counterfeited, did 
 then and there knowingly, wrongfully, unlawfully, and 
 fraudulently pass, utter, and publish one of the said
 
 Form of Indictment 721 
 
 false, forged, and counterfeited coins upon and to one 
 John Jones, with the intent of him, the said John Doe, 
 to defraud the said John Jones, he, the said .John Doe, 
 then and there knowing the said coin so passed upon 
 the said John Jones to be false, forged, and counterfeited, 
 as aforesaid; contrary, etc. 
 
 For Receipting for Larger Sums Than Are Paid, New 
 Section 86, Old Section 5483. 
 
 (Approved in U. S. vs. Mayers, 81 Federal, 159.) 
 
 "The jurors of the United States of America within and for the 
 district and circuit aforesaid, on their oaths present that G. F. Mayers, 
 late or Frederick County, in the district aforesaid, at said county, 
 
 heretofore, to wit, on the day of , in the year of our Lord 
 
 one thousand eight hundred and ninety-two, at the said Western Dis- 
 trict of Virginia, and within the jurisdiction of this court, the said 
 G. F. Myers being then and there an officer of the United States, to 
 wit, postmaster at Stevens City, Virginia, charged with the payment 
 of an appropriation made by an Act of Congress, to wit, an appropria- 
 tion for the payment of letter carriers at experimental free delivery 
 offices, did unlawfully pay to an employee of the United States, to 
 wit, one Douglas K. Drake, and, to wit, one Edgar C. Cadwallader, 
 who were then and there employees of the United States, to wit, 
 letter carriers, a sum less than that provided by law, to wit, the sum 
 of $122.92, and required said employees to give vouchers for an amount 
 greater than that actually paid to and received by them, to wit. the 
 sum of $306.17, against the peace of the said United States and their 
 dignity, and against the form of the statute of the said United States 
 in such case made and provided." 
 
 Form Approved in U. S. vs. Reynolds et al., 235 U. S., 
 
 133, for Violation Peonage Act, Sections U. 
 
 R. S., 1990-5526, and 269 Criminal 
 
 Code. 
 
 United States of America: 
 
 District Court of the United States for the Southern 
 Division of the Southern District of Alabama, of the 
 
 May Term, 1911. 
 Southern District of Alabama, Southern Division. 
 
 The grand jurors of the United States, chosen, select- 
 ed, and sworn in and for the Southern Division of the 
 Southern District of Alabama, upon their oath do find 
 
 46
 
 722 Federal Criminal Law Procedure. 
 
 and present that on, to wit, the eighth day of May, in 
 the year of our Lord one thousand nine hundred and 
 eleven, within the Southern Division of the Southern Dis- 
 trict of Alabama, and within the jurisdiction of this 
 Court, and before the finding of this indictment, J. A. 
 Eeynolds, whose name, other than as herein stated, is 
 unknown to this grand jury, late of the division and dis- 
 trict aforesaid, did then and there hold Ed. Rivers in 
 a condition of peonage; that is to say, did hold the said 
 Ed. Rivers in involuntary servitude, to work out a debt 
 which the said J. A. Reynolds then and there claimed 
 that the said Ed. Rivers then and there owed the said 
 J. A. Reynolds, contrary to the form of the statute in 
 such case made and provided and against the peace and 
 dignity of the United States of America. 
 
 Second Count. 
 
 And the grand jurors aforesaid, upon their oath afore- 
 said, do further find and present that on, to wit, the 
 eighth day of May, in the year of our Lord one thousand 
 nine hundred and eleven, within the Southern Division 
 of the Southern District of Alabama, and within the 
 jurisdiction of this Court, and before the finding of this 
 indictment, J. A. Reynolds, whose name, other than as 
 herein stated, is unknown to the grand jury, late of the 
 division and district aforesaid, did then and there hold 
 Ed. Rivers in a condition of peonage; that is to say, did 
 hold the said Ed. Rivers in involuntary servitude, to work 
 out a debt which the said J. A. Reynolds then and there 
 claimed that the said Ed. Rivers then and there owed 
 the said J. A. Reynolds; that is to say, that the said Ed. 
 Rivers was, to wit, during the May Term, 1910, of the 
 county Court of Monroe County, in the State of Alabama, 
 convicted in said Court of the offense of petit larceny 
 and was fined the sum of, to wit, fifteen dollars, and 
 judgment was rendered against him by said Court for 
 the amount of said fine and also for the further and ad- 
 ditional sum of forty-three dollars and seventy-five cents 
 cost; and thereupon the said J. A. Reynolds confessed 
 judgment with the said Ed. Rivers in said Court for said 
 fine and cost, and the said J. A. Reynolds did, after the
 
 Form of Indictment 723 
 
 conviction of the said Ed. Rivers as aforesaid, and be- 
 fore the finding of this indictment, at the request of the 
 said Ed. Rivers, pay the said sum of to wit, fifty-eight dol- 
 lars and seventy-five cents in settlement of said fine and 
 cost, and by reason of said payment the said Ed. Rivers 
 became and was indebted to the said J. A. Reynolds in 
 said sum of fifty-eight dollars and seventy-five cents; and 
 thereupon the said Ed. Rivers did enter into a contract 
 in writing with the said J. A. Reynolds whereby the said 
 Ed. Rivers agreed to work and labor for him the said 
 J. A. Reynolds, on the plantation of the said J. A. Rey- 
 nolds, in Monroe County, and under his direction as a 
 farm hand, to pay said sum of fifty-eight dollars and 
 seventy-five cents, for the term of nine months and twen- 
 ty-four days, at the rate of six dollars per month, to- 
 gether with board, lodging, and clothing during the said 
 term of hire, said term of hire commencing on the fourth 
 day of May, in the year of our Lord nineteen hundred 
 and ten, and ending on the twenty-eighth day of Febru- 
 ary, in the year of our Lord nineteen hundred and eleven; 
 which said contract was substantiallv in words and fig- 
 ures as follows: 
 
 "Labor Contract. 
 "The State of Alabama, Monroe Countys 
 
 "Whereas, at the May Term, 1910, of the county Court, 
 held in and for said county, I, Ed. Rivers was convicted 
 in said Court of the offense of petit larceny and fined 
 the sum of fifteen dollars, and judgment has been ren- 
 dered against me for the amount of said fine, and also 
 in the further and additional sum of forty three & 75-100 
 dollars, cost in said case, and whereas J. A. Reynolds, 
 together with A. C. Hixon, have confessed judgment 
 with me in said Court for said fine and cost. Now, in 
 consideration of the premises, I, the said Ed. Rivers, 
 agree to work and labor for him, the said J. A. Rey- 
 nolds, on his plantation in Monroe County, Alabama, 
 and under his direction as a farm hand to pay fine and 
 cost for the term 9 months and 24 days, at the rate of 
 $6.00 dollars per month, together with my board, lodg-
 
 724 Federal Criminal Law Procedure. 
 
 ing, and clothing during the said time of hire, said time 
 of hire commencing on the 4 day of May, 1910, and end- 
 ing on the 28 day of February, 1911, provided said work 
 is not dangerous in its character. 
 
 "Witness our hands this 4 day of May, 1910. 
 
 "Ed. (his x mark) Rivers. 
 
 "J. A. Reynolds. 
 "Witness: 
 
 "John M. Coxwell." 
 
 That said contract was signed in open Court and was 
 approved by I. B. Slaughter, as judge of said county 
 court of Monroe County on the fourth day of May, 1910; 
 that after the said contract was signed by said Ed. 
 Rivers the said Ed. Rivers did work and labor for him, 
 the said J. A. Reynolds, and during the time the said 
 Ed. Rivers was so working for said J. A. Reynolds as 
 aforesaid, the said J. A. Reynolds did threaten the said 
 Ed. Rivers that of he, the said Ed. Rivers, refused to per- 
 form work and labor for said J. A. Reynolds and to work 
 out the said debt, he, the said J. A. Reynolds, would have 
 the said Ed. Rivers arrested and put in jail; and that the 
 said Ed. Rivers did not, after said threats were so made, 
 voluntarily perform work and labor for said J. A. Rey- 
 nolds, but, coerced and intimidated by the said threats 
 of the said J. A. Reynolds, as aforesaid, said Ed. Rivers 
 did against his free will continue to perform work and 
 labor for said J. A. Reynolds under the said contract 
 until a later date, to wit, on or about the sixth day of 
 June, in the year of our Lord nineteen hundred and ten; 
 and the grand jurors aforesaid do charge and present 
 that the said J. A. Reynolds did, in the manner afore- 
 said, hold the said Ed. Rivers in a condition of peonage, 
 contrary to the form of the statute in such case made 
 and provided and against the peace and dignity of the 
 United States of America. 
 
 Third Count. 
 
 And the grand jurors aforesaid, upon their oath afore- 
 said, do further find and present that on, to wit, ^he
 
 Foem of Indictment 725 
 
 eighth day of May, in the year of our Lord one thousand 
 nine hundred and eleven, within the Southern Division 
 of the Southern District of Alabama, and within the 
 jurisdiction of this Court, and before the rinding of this 
 indictment, J. A. Reynolds, whose name other than as 
 herein stated is unknown to this grand jury, did then 
 and there arrest and cause to be arrested one Ed. Rivers, 
 whose name other than as herein stated is unknown to 
 this grand jury, for the purpose of compelling the said 
 Ed Rivers, to, by involuntary servitude, pay a debt which 
 the said J. A. Reynolds claimed that the said Ed Rivers 
 owed him, the said J. A. Reynolds; that is to say, the 
 said J. A. Reynolds did, after the happening of the mat- 
 ters and things set forth in the second count of this in- 
 dictment, which is here referred to, appear before one 
 I. B. Slaughter, who was then and there the judge of the 
 county Court of Monroe County, within said division 
 and district, on, to wit, the sixth day of June, nineteen 
 hundred and ten, and did make and swear to an affidavit 
 substantially in words and figures as follows, to-wit: 
 
 "Affidavit and Complaint. — Violating Criminal Con- 
 tract. 
 
 "The State of Alabama, Monroe County, County Court: 
 
 "Before me, I. B. Slaughter, judge of the county Court 
 of said county, personally appeared J. A. Reynolds who, 
 being duly sworn, says that he has probable cause for 
 believing and does believe that Ed Rivers on whom a 
 fine of fifteen dollars was imposed in the county Court 
 of Monroe County, Alabama, at the May Term, 1910, of 
 said Court, for the offense of petit larceny, who in open 
 Court signed a written contract approved by the judge 
 of said Court, whereby in consideration of J. A. Rey- 
 nolds and A. C. Hixon becoming his sureties on a con- 
 fession of judgment for the fine and cost, agreed to per- 
 form farm labor for the said J. A. Reynolds at the rate 
 of six dollars per month for 9 months and 24 days, and 
 who after being released on such confession of judgment, 
 failed or refused, without a good and sufficient excuse, 
 to perform said labor for said J. A. Reynolds, which in
 
 726 Federal Criminal Law Procedure. 
 
 said contract he promised and agreed to perform in said 
 county within the past twelve said months, against the 
 peace and dignity of the State of Alabama. 
 
 "J. A. Reynolds. 
 
 " Sworn to before me 6 dav of Jnne, 1910. 
 
 "LB. Slaughter, 
 'Judge of the County Court." 
 
 < i 
 
 And thereupon a warrant was issued by the said I. 
 B. Slaughter, judge as aforesaid, for the arrest of the 
 said Ed. Rivers, which warrant was duly executed; and 
 thereupon at the June nineteen hundred and ten term 
 of said county Court the said Ed Rivers was convicted 
 of the offense of violating a criminal contract and was 
 by the said Court fined the sum of 1 cent and judgment 
 was by the said Court rendered against him, the said 
 Ed Rivers, for the amount of said fine and also for the 
 further and additional sum of eighty-seven dollars and 
 5 cents cost, and thereupon one G. W. Broughton, alias 
 Gideon W. Broughton, whose name other than as herein 
 stated is unknown to the grand jury, confessed judg- 
 ment with the said Ed Rivers for the amount of said 
 judgment; and thereupon the said G. W. Broughton, at 
 the request of the said Ed Rivers, paid the amount of 
 said judgment, out of which amount so paid by the said 
 G. W. Broughton, alias Gideon W. Broughton, the said 
 J. A. Reynolds was paid the amount which he claimed 
 the said Ed Rivers then owed him; and the said Ed 
 Rivers did then and there agree to work and labor for 
 said G. W. Broughton, alias Gideon W. Broughton, on 
 his plantation in Monroe County and under his direction 
 as a farm hand, to pay said sum, for the term of fourteen 
 months and fifteen days at the rate of six dollars per 
 month, together with board, lodging, and clothing dur- 
 ing the time of said hire, said time of hire commencing 
 on the seventh day of June, nineteen hundred and ten, 
 and ending on the twenty-second day of August, nineteen 
 hundred and eleven; and the grand jurors aforesaid, up- 
 on their oath aforesaid, do further charge and present 
 that the object and purpose of the said J. A. Reynolds
 
 Form of Indictment 727 
 
 in making said affidavit and causing the arrest of the 
 said Ed Rivers was, by means of said proceedings, to 
 cause and compel the said Ed Rivers to, by involuntary 
 servitude, work out the debt which the said J. A. Rey- 
 nolds then and there claimed that the said Ed Rivers 
 owed him, the said J. A. Reynolds; and that the said 
 agreement, entered into by the said Ed. Rivers to work 
 for said G. W. Broughton, alias Gideon W. Broughton, 
 was not a voluntary agreement, but that the said Ed 
 Rivers made said agreement under the constraint of the 
 said proceedings in the said county Court; wherefore the 
 grand jurors aforesaid, upon their oath aforesaid, do find 
 and present that the said J. A. Reynolds did, in the man- 
 ner aforesaid, arrest the said Ed. Rivers and did cause 
 the said Ed Rivers to be arrested, and did aid in the 
 arrest of the said Ed Rivers, to be held in a condition of 
 involuntary servitude, to work out a debt which the said 
 J. A. Reynolds then and there claimed that the said Ed 
 Rivers owed him, the said J. A. Reynolds, contrary to 
 the form of the statute in such case made and provided, 
 and against the peace and dignity of the United States 
 of America. 
 
 Form of Indictment Approved in U. S. vs. Lewis, 235, 
 U. S., page 282, Under Meat Inspection Law 
 of 1906, Against Alteration or Destruc- 
 tion of Tags and Labels, Etc. 
 
 United States of America, 
 
 District of Kansas, First Division, ss: 
 
 In the District Court of the United States in and for 
 the district aforesaid, at the October Term thereof, A. 
 D. 1913. 
 
 The grand jurors of the United States, impaneled, 
 sworn, and charged at the term aforesaid, of the Court 
 aforesaid, on their oath present that Charles Lewis, 
 Lewis Howard, Fred Withers, and James McBee on or 
 about the 23rd day of January, in the year 1913 in the 
 said division of said district, and within the jurisdiction 
 of said Court, in the county of Wyandotte and State of
 
 728 Federal Criminal Law Procedure. 
 
 Kansas, did then and there, without lawful authority, 
 knowingly, wrongfully, unlawfully, wilfully, and felon- 
 iously alter, deface, break, and destroy a certain mark, 
 tag, or label, in words and figures follows, to-wit : ' ' Gov- 
 ernment Seal No. 4451074," then and there being upon 
 a certain railroad freight car designated as Car S. R. L. 
 No. 4422, containing meat and meat products then and 
 there under Government supervision for inspection and 
 offered for transportation from the State of Kansas to 
 the State of New Jersey; said mark, tag, or label having 
 theretofore been affixed to and upon said car containing 
 said meat and meat products in accordance with the 
 rules and regulations issued by the Secretary of Agri- 
 culture under authority of the act of Congress approved 
 June 30, 1906, entitled: "An act making appropriations 
 for the Department of Agriculture for the fiscal year 
 ending June 30, 1907," which said rules and regulations 
 were then and there in full force and effect. 
 
 And the grand jurors aforesaid, on their oath afore- 
 said, do further present that the said Charles Lewis, 
 Lewis Howard, Fred Withers, and James McBee on or 
 about the 23rd day of January, in the year 1913, in the 
 said division of said district, and within the jurisdiction 
 of said Court, in the county of Wyandotte and State of 
 Kansas, did then and there, without lawful authority, 
 knowingly, wrongfully, unlawfully, wilfully, and feloni- 
 ously alter, deface, break, and destroy a certain seal, 
 label or identification device in words and figures as fol- 
 lows to wit: 
 
 I. D. Form 109 E. 
 
 U. S. Department of Agriculture, 
 
 Bureau of Animal Industry. 
 
 WARNING. 
 
 Meat product — Do not break this seal 
 under penalty of the law.
 
 Form of Indictment 729 
 
 PENALTY. 
 
 Fine not exceeding $10,000 or imprison- 
 ment for a period of not more than two 
 years, or both. 
 
 James Wilson, 
 
 Secretary. 
 
 then and there affixed to and being upon a certain freight 
 car designated as Car S. E. L. No. 4422, containing meat 
 and meat products then and there under Government 
 supervision for inspection and offered for transportation 
 from the State of Kansas to the State of New Jersey; said 
 seal, label, or identification device having theretofore 
 been affixed to and upon said car containing said meat 
 and meat products in accordance with the rules and reg- 
 ulations issued by the Secretary of Agriculture under 
 authority of the act of Congress approved June 30, 1906, 
 entitled "an act making appropriations for the Depart- 
 ment of Agriculture for the fiscal year ending June 30, 
 1907," which said rules and regulations were then and 
 there in full force and effect, contrary to the form of 
 the statute in such case made and provided, and against 
 the peace and dignity of the United States. 
 
 Form of Indictment for Harboring Prostitutes, Ap- 
 proved in U. S. vs. Portale et al, 235 U. S., page 
 27, Under White Slave Act of June 25, 
 1910; Not Confined to Those 
 Who Were Concerned in 
 Bringing into this 
 Country. 
 
 The grand jurors of the United States of America, 
 within and for the district of Colorado, good and lawful 
 men, duly selected, empaneled, sworn, and charged, on 
 their oaths present : 
 
 That one Louise Richar, alias Louise Alexander, an 
 alien woman, did, on, to wit, the first day of January, 
 nineteen hundred and thirteen, enter the United States 
 from Great Britain, Great Britain being then and there 
 and at all times mentioned in this indictment a party to
 
 730 Federal Criminal Law Procedure. 
 
 an agreement and arrangement for the suppression of 
 the white slave traffic, adopted July twenty-fifth, nine- 
 teen hundred and two, as shown by the proclamation of 
 the President of the United States, dated June fifteenth, 
 nineteen hundred and eight; and that one Elie Portale 
 and one Juliette Portale, alias Juliette Puppet, alias 
 Madame Juliette, did knowingly, within three years 
 after the entry of said alien woman into the United 
 States, keep, maintain, control, and harbor her, said 
 alien woman, at a certain house and place, to wit, at the 
 premises known as nineteen thirty-five Larimer Street, 
 in the city and county of Denver, State of Colorado, for 
 the purpose of prostitution, for the period, to wit, from 
 the twenty-eight day of July, nineteen hundred and thir- 
 teen, to the eighth day of September, nineteen hundred 
 and thirteen. 
 
 That said Elie Portale and Juliette Portale, alias as 
 aforesaid, and each of them, so knowingly keeping, main- 
 taining, controlling, and harboring said Louise Richar, 
 as aforesaid, at said city and county of Denver, State 
 and district of Colorado, and within the jurisdiction of 
 this Court, at said house and place, for the purpose of 
 prostitution, as aforesaid, did willfully, unlawfully, and 
 feloniously fail to file, within thirty days after said 
 twenty-eight day of July, nineteen hundred and thir- 
 teen, the date of the commencement of said keeping, 
 maintaining, controlling, and harboring of said alien 
 woman, as aforesaid, with the Commissioner General of 
 Immigration of the United States, as required by law so 
 to do, a statement in writing, setting forth the name of 
 said alien woman, the place at which she was then and 
 there kept, and the facts as to the date of her entry into 
 the United States, the port through which she entered, 
 her age, nationality, and parentage, and concerning her 
 procuration to come to this country within the knowl- 
 edge of said Elie Portale and said Juliette Portale, alias 
 as aforesaid; contrary to the form of the statute in such 
 case made and provided, and against the peace and dig- 
 nity of the United States of America.
 
 Form of Indictment 731 
 
 Form of indictment for Violation of Quarantine Act of 
 
 March 3, 1905, 33 Stat. 1264, as Amended March 
 
 4, 1913, Applying to Receivers Etc., 
 
 as Approved in U. S. vs. Nixon 
 
 et al., 235 U. S. 
 
 231. 
 
 The grand jurors of the United States of America, 
 duly and legally chosen, selected, summoned and drawn 
 from the body of the Western Division of the Western 
 District of Missouri, and duly and legally examined, em- 
 paneled, sworn and charged to inquire of and concern- 
 ing crimes and offenses against the United States in the 
 Western Division of the Western District of Missouri, 
 on their oaths present and charge that on or about the 
 16th day of August, A. D. 1913, and at all times herein- 
 after mentioned, one William C. Nixon and one William 
 B. Biddle, and one Thomas H. West, were the duly ap- 
 pointed, qualified and acting receivers of the St. Louis 
 and San Francisco Railroad Company, a corporation 
 duly organized and incorporated according to law, and 
 that as such receivers the said William C. Nixon and 
 the said William B. Biddle and the said Thomas H. West 
 on the 16th day of August, A. D. 1913, had charge of and 
 were managing, conducting, and operating the property 
 and business of said corporation as a common carrier 
 of freight, live stock, cattle, and other animals for hire 
 in interstate commerce from Hugo, Choctaw County in 
 the State of Oklahoma, to Kansas City, Jackson County, 
 in the State of Missouri; that on or about the 16th day 
 of August, 1913, at Hugo, Choctaw County, Oklahoma, 
 a certain shipment of thirty-eight head of cattle, con- 
 signed by H. L. Sanguin to the Clay-Robinson Live Stock 
 Commission Company, Kansas City, Missouri, was de- 
 livered to the St. Louis and San Francisco Railroad 
 Company, and said receivers for transportation from 
 Hugo, Choctaw County, Oklahoma, to Kansas City, Jack- 
 son County, Missouri, and which said shipment was by 
 said Railroad Company and said receivers transported 
 in M. K. & T. car number 40669, in interstate commerce 
 from Hugo, Choctaw County, Oklahoma, to Kansas City,
 
 732 Federal Criminal Law Procedure. 
 
 Jackson County, Missouri, and delivered to the Clay- 
 Eobinson Live Stock Commission Company as aforesaid. 
 And the grand jurors aforesaid, on their oaths afore- 
 said, do further present and charge that the Secretary 
 of Agriculture of the United States, pursuant to and by 
 virtue of the power and authority in him vested by the 
 act of Congress, of the United States approved March 3, 
 1905, did on or about the 7th day of February, 1913, 
 determine the fact to be that within certain portions of 
 the State of Oklahoma, and more particularly within and 
 including the county of Choctaw, in the State of Okla- 
 homa, there existed among the cattle a contagious and 
 infectious disease known as splenetic, southern, or Texas 
 fever, and did on or about the 7th day of February, 1913, 
 in accordance with the law in such cases made and pro- 
 vided, make, issue, and promulgate an order quarantin- 
 ing certain portions of the State of Oklahoma, and more 
 particularly and including the county of Choctaw, in the 
 State of Oklahoma, and did forbid the removal or trans- 
 portation of cattle from said county of Choctaw, in the 
 State of Oklahoma, into any other State or Territory in 
 the United States not within the quarantined district so 
 established by the said Secretary of Agriculture of the 
 United States, except in accordance with the rules and 
 regulations made and promulgated by the Secretary of 
 Agriculture of the United States and then in full 
 force and effect; that the said order and regu- 
 lation of said Secretary of Agriculture was duly 
 published, in accordance with law, in The Daily 
 Oklahoma, a newspaper duly and regularly pub- 
 lished in Oklahoma City, Oklahoma, in its issue of 
 February 25, 1913; that notice of said order made, is- 
 sued, and promulgated by the Secretary of Agriculture 
 as aforesaid was duly and legally served upon said de- 
 fendant, St. Louis and San Francisco Railroad Com- 
 pany, by service upon F. C. Reilly, assistant freight traf- 
 fic manager of said railroad company, at St. Louis, Mis- 
 souri, a duly and legally qualified agent of said railroad 
 company, and service thereof was duly acknowledged on 
 March 10, 1913.
 
 Form of Indictment 733 
 
 That the Secretary of Agriculture of the United States, 
 pursuant to and by virtue of the power and authority 
 in him vested by the act of Congress of the United States 
 approved March 3, 1905, did on or about the 17th day of 
 March, 1909, make, issue, and promulgate the following- 
 rule and regulation governing the transportation of cat- 
 tle and other live stock from the territory quarantined 
 under the law hereinbefore referred to, and made, issued, 
 and promulgated by the said Secretary of Agriculture 
 of the United States as aforesaid, as follows: 
 
 "The proper officers of the transportation companies 
 shall securely affix to both sides of all cars carryng in- 
 terstate shipments of cattle from the quarantined area 
 (except those accompanied by certificates of inspection 
 issued by inspectors of the Bureau of Animal Industry, 
 covering shipments of cattle dipped as provided in Reg- 
 ulation 17 hereof, and shipments of cattle from certain 
 areas described in the 'Rule to prevent the spread of 
 splenetic fever in cattle,' which rule should be construed 
 in connection with these regulations) durable placards 
 not less than 5 1-2 by 8 inches in size, on which shall be 
 printed with permanent black ink and in boldface letters 
 not less than 1 1-2 inches in height the words 'Southern 
 Cattle.' These placards shall also show the name of the 
 place from which the shipment was made, the date of the 
 shipment (which must correspond with the date of the 
 waybills and other papers), the name of the transpor- 
 tation company, and the name of the place of destina- 
 tion. Each of the waybills, conductors' manifests, mem- 
 oranda, and bills of lading pertaining to such shipments 
 by cars or boats shall have the words 'Southern Cattle' 
 plainly written or stamped upon its face. Whenever 
 such shipments are transferred to another transporta- 
 tion company or into other cars or boats, or are rebilled 
 or reconsigned from any point not in the quarantined 
 area to a point other than the original destination, the 
 cars into which said cattle are transferred and the new 
 waybills, conductors' manifests, memoranda, and bills 
 of lading covering said shipments by cars or boats shall 
 be marked as herein specified for cars carrying said
 
 73-4 Federal Criminal Law Procedure. 
 
 cattle from the quarantined area, and for the billing, 
 etc., covering the same. If for any reason the placards 
 required by this regulation are removed from the cars 
 or are destroyed or rendered illegible, they shall be im- 
 mediately replaced by the transportation company or its 
 agents, the intention being that legible placards desig- 
 nating the shipment as 'Southern Cattle' shall be main- 
 tained on the car from the time such shipments leave the 
 quarantined area until they are unloaded at final des- 
 tination and the cars are treated as hereinafter speci- 
 fied." 
 
 That notice of said order and regulation of said Secre- 
 tary of Agriculture was published in accordance with 
 law in The Daily Oklahoman, a newspaper duly and reg- 
 ularly published in Oklahoma City, Oklahoma, in its is- 
 sue of March 24, 1909, and that notice of said order, 
 made, issued and promulgated by the Secretary of Ag- 
 riculture as aforesaid, was served upon the defendant 
 by service upon E. K. Voorhees, general freight agent, 
 of said railroad company at St. Louis, Missouri, and a 
 duly authorized agent of said Company, and ' service 
 thereof duly acknowledged on March 30, 1909; that said 
 Hugo, Choctaw County, Oklahoma, is within the quar- 
 antined district, and within the territory established and 
 declared by the said order regulation of the Secretary of 
 Agriculture of the United States as territory within 
 which there existed among the cattle a contagious and 
 infectious disease known as splenetic, southern, or Texas 
 fever. 
 
 And the grand jurors aforesaid, on their oaths afore- 
 said, do further present and charge that on or about 
 the 16th day of August, A. D. 1913, the said St. Louis 
 and San Francisco Railroad Company, common carrier 
 as aforesaid, and William C. Nixon and William B. Bid- 
 die and Thomas H. West, receivers as aforesaid, did un- 
 lawfully, wilfully, and feloniously receive for transpor- 
 tation the said thirty-eight head of cattle consigned by 
 H. L. Sanguin to the Clay -Robinson Live Stock Com- 
 mission Company, and did then and there unlawfully, 
 wilfully, and feloniously transport said shipment of cat- 
 tle as aforesaid from Hugo, Choctaw County, Oklahoma,
 
 Form of Indictment 735 
 
 a point within that portion of the State of Oklahoma 
 quarantined by order of the Secretary of Agriculture of 
 the United States as aforesaid into Kansas Citv, Jackson 
 County, Missouri, in the division and district aforesaid, 
 the same being a point in an area and portion of the of 
 the United States beyond and without the quarantined 
 district theretofore established by the said Secretary of 
 Agriculture as aforesaid beyond and outside of Choc- 
 taw County, Oklahoma; that the said defendants, the 
 said St. Louis and San Francisco Railroad Company and 
 said receivers as aforesaid received said cattle for trans- 
 portation as aforesaid, and transported and delivered the 
 same to the consignee at Kansas City, Missouri, as afore- 
 said, when the cars in which said cattle were transported 
 by said defendants as aforesaid did not have securely 
 affixed to both sides thereof durable placards of not less 
 than five and one-half inches by eight inches in size, on 
 which was printed with permanent black ink, in bold- 
 face letters of not less than one and one-half inches in 
 height, the words, "Southern Cattle," or any other in- 
 formation concerning or pertaining to said shipment, as 
 required by the statutes and regulations of the said Sec- 
 retary of Agriculture, as hereinbefore set forth, and 
 when the waybills, conductors' manifests and memo- 
 randa, and bills of lading pertaining to said shipment 
 did not have the words, "Southern Cattle" plainly writ- 
 ten or stamped upon their face, as required by the stat- 
 utes, rules, and regulations made and promulgated by 
 the Secretary of Agriculture as aforesaid, contrary to 
 the form of the statute in such cases made and provided 
 and against the peace and dignity of the United States. 
 
 Form of Indictment for Fraudulent Use of the Mail, 
 
 Section 215, Approved in Belden vs. 
 
 United States, Fed. 223, 726. 
 
 The indictment charges Russell G. Belden and A. Eu- 
 gene Wayland with having, prior to January 18, 1911, 
 devised, and intended to devise, a scheme and artifice to 
 defraud one John Neiderer, and divers other persons to 
 the grand jury unknown, which said scheme and artifice 
 to defraud was to be effected by the use and misuse of
 
 736 Federal Criminal Law Procedure. 
 
 the United States postoffice establishment, with intent 
 to incite and induce such persons so intended to be de- 
 frauded to open correspondence with them, by means of 
 printed circulars, letters, and reports distributed through 
 the mail, deposited and caused to be deposited in said 
 United States mail for mailing and delivery to such di- 
 vers persons intended to be defrauded, which said scheme 
 and artifice to defraud so devised and intended to be 
 devised by said defendants, and each of them, was sub- 
 stantially as follows: 
 
 That defendants would cause to be organized a cor- 
 poration to be styled the International Development Com- 
 pany, to be controlled and managed by defendants, and 
 each of them, the purpose of the corporation being to 
 act as the fiscal agent for certain other corporations and 
 firms thereafter to be incorporated and organized by 
 said defendants as a part of their scheme to defraud; 
 that defendants would, by themselves and through the 
 Development Company, cause to be procured and ob- 
 tained certain coal claims, having little or no value, situ- 
 ated in British Columbia, Dominion of Canada, and 
 would cause to be organized a corporation to be styled 
 the Michel Coal Mines, Limited, with a capital stock of 
 1,500,000 shares, of the par value of $1 each, said claims 
 to be transferred to said Michel Coal Mines, Limited, in 
 consideration that the said Michel Company would issue 
 to defendants and the Development Company a large 
 
 majority of its capital stock, fully paid up; that defend- 
 ants would thereafter procure and cause to be procured 
 other claims adjoining the aforesaid claims, and would 
 thereafter cause to be organized another corporation to 
 be styled the Crown Coal & Coke Company, with a cap- 
 ital stock of 2,000,000 shares, of the par value of $1 each, 
 for the purpose of taking over said coal claims, and that 
 in consideration therefor the Crown Coal & Coke Com- 
 pany would issue to defendants and the Development 
 ( ornpany a large amount of the capital stock of said 
 Crown Company, fully paid up; that defendants would 
 cause to be procured other claims, and cause to be organ- 
 ized another corporation, to be styled the Empire Coal 
 & Coke Company, with a capital stock of 1,500,000 shares
 
 Foem of Indictment 737 
 
 of the par value of $1 each, for the purpose of taking 
 over said claims, in consideration that said Empire Com- 
 pany would transfer to defendants and the Development 
 Company a large majority of the stock of said corpora- 
 tion, fully paid up; that defendants would cause to be 
 procured a charter for the construction and operation 
 of a railroad, ostensibly to furnish transportation facili- 
 ties for the product of the alleged coal mines, and to be 
 operated in connection therewith, and would cause to 
 be organized a corporation to be styled the Crows' Nest 
 & Northern Railway Company, with a capital stock of 
 20,000 shares, of the par value of $100 each, the said 
 charter to be transferred to the said Railway Company 
 in consideration of the transfer by said Railway Com- 
 pany to defendants and the Development Company of 
 a large amount of its capital stock; that the balance of 
 the capital stock of each of the aforesaid corporations, 
 namely, the Michel Company, the Crown Company, the 
 Empire Company, and the Railroad Company should and 
 would become the treasury stock of each of said corpora- 
 tions, respectively; that defendants would from time to 
 time dispose of large amounts of the capital stock of the 
 various corporations which had been transferred to them 
 and the Development Company; that by means of stock 
 ownership in the Development Company defendants 
 would procure and maintain the management and control 
 of the Development Company, and through said owner- 
 ship, and by manipulation of the stock and books on ac- 
 count of the various corporations, said defendants would 
 obtain and maintain control of all such corporations with 
 intent and purpose to defraud said divers persons. 
 
 It was further a part of the scheme that defendants, 
 in their own names and in the names of the Development 
 Company, by means of letters, notices, reports, circulars, 
 and a prospectus sent and to be sent through the United 
 States post-office establishment, would induce persons 
 to purchase shares of the capital stock of the aforesaid 
 various corporations; and, in pursuance of such scheme, 
 defendants did represent and state that the properties 
 owned by said corporations, and the capital stock there- 
 of, were and would become of great value, whereas in 
 
 47
 
 738 Federal Criminal Law Procedure. 
 
 truth and in fact, as defendants well knew, the properties 
 had no value, except that the claims of the Crown Coal 
 & Coke Company contained valuable deposits of coal, 
 which fact was fraudulently used by the defendants and 
 the Development Company to aid them in the sale of the 
 worthless stock of the aforesaid various corporations so 
 held individually by defendants and the Development 
 Company, and did falsely and fraudulently represent and 
 pretend that the claims of the Michel Company and the 
 Empire Company contained valuable deposits of a very 
 high quality of coal, all of which was false, as defend- 
 ants well knew, and did further falsely represent that 
 the Railway Company had acquired a right of way for 
 the construction of a railroad a distance of 15 miles, that 
 they would construct and operate said road in connec- 
 tion with the mines, and that the proceeds to be derived 
 from sales of stock would be used to build and equip said 
 railroad and develop and equip said coal mines, where- 
 as in truth and in fact, as defendants well knew, the 
 Railway Company had not acquired a right of way, and 
 proceeds derived from the sale of said stock would not 
 be, and the same were not, used to equip and develop 
 the respective properties of said corporation, or to build 
 said railroad, but that a large sum realized from such 
 stock was diverted to the use of the defendants, all with 
 the intent and purpose to defraud said divers persons. 
 
 And it was further a part of the scheme to represent 
 to intending purchasers of stock in the Empire Company 
 that with each $500 purchase there would be given a share 
 of stock in the Railway Company, that of the proceeds 
 received by the Empire Company $100 would be used by 
 that company in the purchase of one share in the Rail- 
 way Company, and that the $100 so expended would be 
 placed in the treasury of the Railway Company to be used 
 in the construction of said road, whereas in truth and in 
 fact, as the defendants well knew, no part of said $100 
 would be used for the equipment and development of the 
 pany, or used for the construction of said railroad, but 
 would be and was appropriated by defendants to their 
 own use and benefit. And it was a further part of the 
 scheme that defendants would represent and pretend that
 
 Form of Indictment 739 
 
 the stock of the various corporations to be offered for 
 sale would be treasury stock of the various corporations, 
 and that the proceeds derived from the sale of such stock 
 would be used for the equipment and development of the 
 properties, whereas, in truth and in fact, as defendants 
 well knew, the stock so sold was not treasury stock, but 
 was, with but few exceptins, the individual stock of de- 
 fendants and the Development Company, and all the 
 real property and a large amount of the money derived 
 from the sales of such stock were appropriated by de- 
 fendants and the Development Company to their own 
 use and benefit, it being the intent and purpose of the de- 
 fendants thus to divert the vast amount of property and 
 large amount of money so obtained to their own use and 
 benefit and that of the Development Company, with in- 
 tent and purpose to defraud the said John Neiderer and 
 said divers other persons. 
 
 And the said defendants, on or about January 21, 1911, 
 for the purpose of executing said scheme and artifice, 
 and attempting so to do, knowingly, willfully and feloni- 
 ously placed and caused to be placed in the post-office 
 of the United States at Spokane, Wash., for mailing and 
 delivery a certain letter addressed to Mr. John Neiderer, 
 Summerville, Ore. Then follows a copy of the letter, 
 signed "International Development Co., per R. G. Bel- 
 den." 
 
 Form for Indictment for Conspiracy to Violate White 
 Slave Act, Approved in Linton vs. U. S., 223 
 Federal, 677. 
 
 "at Vancouver, in the province of British Columbia, in the Dominion 
 of Canada, on the first day of January, A. D. one thousand nine hun- 
 dred and thirteen, then and there being, did willfully, knowingly, 
 feloniously, unlawfully, wickedly, and maliciously conspire, combine, 
 confederate, and agree together, and together and with divers other 
 persons to said grand jurors unknown, to commit an offense against 
 the United States, to wit, to violate the 'White Slave Traffic Act' of 
 June 25, 1910 (36 Statutes at Large, 825), in the following manner 
 and particulars; that is to say: It was the purpose and object of the 
 said conspirators, and each of them to willfully, knowingly, and felo- 
 niously transport and cause to be transported, and aid and assist in 
 obtaining transportation for, and in transporting, a woman, to wit, 
 the said Alta Smith, alias as aforesaid, in foreign commerce from the
 
 740 Federal Criminal Law Procedure. 
 
 city of Vancouver, in the said province of British Columbia, to the 
 City of Seattle, in the Northern division of the Western District of 
 Washington, in the United States of America, for the purpose of 
 prostitution, debauchery, concubinage, and other immoral purposes, 
 all in violation of the White Slave Traffic Act. as aforesaid. * * *" 
 
 Form of Indictment in U. S. vs. Jack Johnson, White 
 
 Slave Violation. 
 
 NORTHERN DISTRICT OF ILLINOIS { gt 
 Eastern Division. \ 
 
 The grand jurors of the United States of America, in- 
 quiring for the Eastern Division of the Northern Dis- 
 trict of Illinois, upon their oaths present that JOHN 
 ARTHUR JOHNSON, otherwise known as Jack John- 
 son, late of the city of Chicago, on, to wit, the 15th day 
 of October, in the year of our Lord nineteen hundred 
 and ten, unlawfully and knowingly did cause to be trans- 
 ported in interstate commerce, that is to say from Pitts- 
 burgh, in the state of Pennsylvania, to Chicago, in the 
 state of Illinois, through the said Eastern Division of 
 the said Northern District of Illinois, over the railway 
 routes of certain corporation common carriers, to wit, 
 Pennsylvania Company, a corporation under the laws of 
 the State of Pennsylvania, and Pittsburgh, Ft. "Wayne 
 and Chicago Railway Company, a corporation under the 
 laws of the State of Illinois, which corporation common 
 carriers were then and there engaged in the transporta- 
 tion of persons by railroad over their railway routes from 
 Pittsburgh, in the State of Pennsylvania, to Chicago, in 
 the State of Illinois, a certain girl, to wit, Belle Schreiber, 
 otherwise known as Mrs. J. Johnson, for the purpose of 
 prostitution; against the peace and dignity of the said 
 United States, and contrary to the form of the statute 
 of the same in such case made and provided. 
 
 2. And the grand jurors aforesaid, upon their oaths 
 aforesaid, do further present that the said John Arthur 
 Johnson, otherwise known as Jack Johnson, late of the 
 city of Chicago, on, to wit, the 15th day of October, in 
 the year of our Lord nineteen hundred ten, unlawfully 
 and knowingly did cause to be transported in interstate 
 commerce, that is to say from Pittsburgh, in the state
 
 Form of Indictment 741 
 
 of Pennsylvania, to Chicago, in the state of Illinois, 
 through the said Eastern Division of the said Northern 
 District of Illinois, over the railway routes of certain cor- 
 poration common carriers, to wit, Pennsylvania Com- 
 pany, corporation under the laws of the state of Penn- 
 sylvania, and Pittsburgh, Ft. Wayne and Chicago Rail- 
 way Company, a corporation under the laws of the state 
 of Illinois, which corporation common carriers were then 
 and there engaged in the transportation of persons by 
 railroad over their railway routes from Pittsburgh, in 
 the state of Pennsylvania, to Chicago, in the state of 
 Illinois, a certain girl, to wit, Belle Schreiber, otherwise 
 known as Mrs. J. Johnson, for the purpose of debauchery; 
 against the peace and dignity of the said United States, 
 and contracy to the form of the statute of the same in such 
 case made and provided. 
 
 3. And the grand jurors aforesaid, upon their oaths 
 aforesaid, do further present that the said John Arthur 
 Johnson, otherwise known as Jack Johnson, late of the 
 city of Chicago, on, to wit, the 15th day of October, in 
 the year of our Lord nineteen hundred ten, within the 
 division and district aforesaid, unlawfully, knowingly 
 and feloniously did cause to be transported in interstate 
 commerce, that is to say, from Pittsburgh, in the state of 
 Pennsylvania, to Chicago, in the state of Illinois, through 
 the said Eastern Division of the said Northern District 
 of Illinois, over the railway routes of certain corporation 
 common carriers, to wit, Pennsylvania Company, a cor- 
 poration under the laws of the state of Pennsylvania, 
 and Pittsburgh, Ft. Wayne and Chicago Railway Com- 
 pany, a corporation under the laws of the sate Illinois, 
 which corporation common carriers were then and there 
 engaged in the transportation of persons by railroad 
 over their railway routes from Pittsburgh, in the state 
 of Pennsylvania, to Chicago, in the state of Illinois, a 
 certain girl, to wit, Belle Schreiber, otherwise known as 
 Mrs. J. Johnson, for the purpose of prostitution; against 
 the peace and dignity of the said United States, and con- 
 trary to the form of the statute of the same in such case 
 made and provided.
 
 742 Federal Criminal Law Procedure. 
 
 4. And the grand jurors aforesaid, upon their oaths 
 aforesaid, do further present that the said John Arthur 
 Johnson, otherwise known as Jack Johnson, late of the 
 city of Chicago, on, to wit, the 15th day of October, in 
 the year of our Lord nineteen hundred ten, within the 
 division and district aforesaid, unlawfully, knowingly 
 and feloniously did cause to be transported in interstate 
 commerce, that is to say, from Pittsburgh, in the state 
 of Pennsylvania, to Chicago, in the state of Illinois, 
 through the said Eastern Division of the said Northern 
 District of Illinois, over the railway routes of certain 
 corporation common carriers, to wit, Pennsylvania Com- 
 pany, a corporation under the laws of the state of Penn- 
 sylvania, and Pittsburgh, Ft. Wayne and Chicago Rail- 
 way Company, a corporation under the laws of the state 
 of Illinois, which corporation common carriers were then 
 and there engaged in the transportation of persons by 
 railroad over their railway routes from Pittsburgh, in the 
 state of Pennsylvania, to Chicago, in the state of Illinois, 
 a certain girl, to wit, Belle Schreiber, otherwise known 
 as Mrs. J. Johnson, for the purpose of debauchery; ag- 
 ainst the peace and dignity of the said United States, 
 and contrary to the form of the statute of hast enmie 
 and contrary to the form of the statute of the same in 
 such case made and provided. 
 
 5. And the grand jurors aforesaid, upon their oaths 
 aforesaid, do further present that the said John Arthur 
 Johnson, otherwise known as Jack Johnson, late of the 
 city of Chicago, on, to wit, the 15th day of October, in 
 the vear of our Lord nineteen hundred and ten, unlaw- 
 fully, knowingly and feloniously did aid in obtaining 
 transportation for a certain girl, to wit, Belle Schreiber, 
 otherwise known as Mrs. Jack Johnson, in interstate 
 commerce, that is to say, from Pittsburgh, in the state 
 of Pennsylvania, to Chicago, in the state of Illinois, 
 through the said Eastern Division of the said Northern 
 District of Illinois, over the railway route of certain com- 
 mon carriers, to wit, Pennsylvania Company, a corpora- 
 tion under the laws of the state of Pennsylvania and 
 Pittsburgh, Ft. Wayne & Chicago Railway Company, a 
 corporation under the laws of the state of Illinois, which
 
 Form of Indictment 743 
 
 corporation common carriers were then and there en- 
 gaged in the transportation of persons by railroad over 
 their railway route from Pittsburgh aforesaid to Chicago 
 aforesaid, for a certain immoral purpose, to wit, for the 
 purpose of having unlawful sexual intercourse with her, 
 the said Belle Schreiber, otherwise known as Mrs. Jack 
 Johnson; against the peace and dignity of the said United 
 States, and contrary to the form of the statute of the 
 same in such case made and provided. 
 
 6. And the grand jurors aforesaid, upon their oaths 
 aforesaid, do further present that the said John Arthur 
 Johnson, otherwise known as Jack Johnson, late of the 
 city of Chicago, on, to wit, the 15th day of October, in 
 the year of our Lord nineteen hundred and ten, unlaw- 
 fully, knowingly and feloniously did assist in obtaining 
 transportation for a certain girl, to wit, Belle Schreiber, 
 otherwise known as Mrs. Jack Johnson, in interstate 
 commerce, that is to say, from Pittsburgh in the state of 
 Pennsylvania, to Chicago, in the state of Illinois, through 
 the said Eastern Division of the said Northern District 
 of Illinois, over the railway routes of certain common 
 carriers, to wit, Pennsylvania Company, a corporation 
 under the laws of the state of Pennsylvania and Pitts- 
 burgh, Ft. Wayne Chicago Railway Company, a cor- 
 poration under the laws of the state of Illinois, which 
 corporation common carries were then and there engaged 
 in the transporation of persons by railroad over their 
 railway routes from Pittsburgh aforesaid to Chicago 
 aforesaid, for a certain immoral purpose, to wit, for the 
 purpose of committing the crime against nature with 
 her the said Belle Schreiber, otherwise known as Mrs. 
 Jack Johnson; against the peace and dignity of the 
 said United States, and contrary to the form of the stat- 
 ute of the same in such case made and provided. 
 
 7. And the grand jurors aforesaid, upon their oaths 
 aforesaid, do further present that the said John Arthur 
 Johnson, otherwise known as Jack Johnson, late of the 
 city of Chicago, on, to wit, the 15th day of October, in 
 the year of our Lord nineteen hundred and ten, unlaw- 
 fully, knowingly and feloniously did cause to be procur- 
 ed a certain railroad ticket, the exact nature and descrip-
 
 744 Federal Criminal Law Procedure. 
 
 tion of which is to the said grand jurors unknown (which 
 said railroad ticket entitled in the holder thereof to be 
 transported from Pittsburgh, Pennsylvania, to Chicago, 
 Illinois, over the railway routes of certain common car- 
 riers hereafter mentioned) to be used by a certain girl, 
 to wit, Belle Schreiber, otherwise known as Mrs. Jack 
 Johnson, in interstate commerce, that is to say, in going 
 from Pittsburgh in the state of Pennsylvania to Chicago 
 in the state of Illinois, over the railway routes of certain 
 corporation common carriers, to wit, Pennsylvania Com- 
 pany, a corporation under the laws of the state of Penn- 
 sylvania, and Pittsburgh, Ft. Wayne and Chicago Rail- 
 way Company, a corporation under the laws of Illinois, 
 which corporation common carriers were then and there 
 engaged in the transportation of persons by railroad over 
 their railway routes from Pittsburgh, in the state of 
 Pennsylvania, to Chicago, in the state of Illinois, for the 
 purpose of prostitution, whereby said girl Belle Schrei- 
 ber, otherwise known as Mrs. Jack Johnson, was then and 
 there transported in interstate commerce from Pittsburgh 
 aforesaid to Chicago aforesaid, over the railway routes 
 of said corporation common carriers; against the peace 
 and dignity of the said United States and contrary to the 
 form of the statute of the same in such case made and 
 provided. 
 
 8. And the grand jurors aforesaid, upon their oaths 
 aforesaid, do further present that the said John Arthur 
 Johnson, otherwise known as Jack Johnson, late of the 
 city of Chicago, on, to wit, the 15th day of October, in 
 the year of our Lord nineteen hundred and ten, unlaw- 
 fully, knowingly and feloniously did aid in procuring 
 a certain railroad ticket, the exact nature and descrip- 
 tion of which is to the said grand jurors unknown (which 
 said railroad ticket entitled the holder thereof to be trans- 
 ported from Pittsburgh, Pennsylvania, to Chicago, Illi- 
 nois, over the railway route of certain common carriers 
 hereafter mentioned) to be used by a certain girl, to wit, 
 Belle Schreiber, otherwise known as Mrs. Jack Johnson, 
 in interstate commerce, that is to say, in going from Pitts- 
 burgh in the state of Pennsylvania to Chicago in the 
 state of Illinois, over the railway route of certain corpora-
 
 Form of Indictment 745 
 
 tion common carriers, to wit, Pennsylvania Company, a 
 corporation under the laws of the state of Pennsylvania, 
 and Pittsburgh, Ft. Wayne and Chicago Raailway Com- 
 pany, a corporation under the laws of Illinois, which 
 corporation common carriers were then and there en- 
 gaged in the transportation of persons by railroad over 
 their railway route from Pittsburgh, in the state of Penn- 
 sylvania, to Chicago in the state of Illinois, for a certain 
 immoral purpose, to wit, for the purpose of having un- 
 lawful sexual intercourse with her, the said Belle Schrei- 
 ber, otherwise known as Mrs. Jack Johnson, whereby 
 said girl, Belle Schreiber, otherwise known as Mrs. Jack 
 Johnson, was then and there transported in interstate 
 commerce from Pittsburgh aforesaid to Chicago afore- 
 said, over the railway route of said corporation common 
 carriers; against the peace and dignity of the said United 
 States and contrary to the form of the statute of the 
 same in such case made and provided. 
 
 9. And the grand jurors aforesaid, upon their oaths 
 aforesaid, do further present that the said John Arthur 
 Johnson, otherwise known as Jack Johnson, late of the 
 city of Chicago, on, to wit, the 15th day of October, in 
 the year of our Lord nineteen hundred and ten, unlaw- 
 fully, knowingly and feloniously did aid in procuring a 
 certain railroad ticket, the exact nature and description 
 of which is to the said grand jurors unknown (which said 
 railroad ticket entitled the holder thereof to be trans- 
 ported from Pittsburgh, Pennsylvania, to Chicago Ill- 
 inois, over the railroad routes of certain common carriers 
 hereafter mentioned) to be used by a certain girl to wit, 
 Belle Schreiber, otherwise known as Mrs. Jack Johnson, 
 in intrstate commerce, that is to say, in going from Pitts- 
 burgh in the state of Pennsylvania to Chicago in the 
 state of Illinois, over the railway routes of certain cor- 
 poration common carriers, to wit, Pennsylvania Com- 
 pany, a corporation under the laws of the state of Pen- 
 nsylvania, and Pittsburgh, Ft, Wayne and Chicago 
 Railway Company, a corporation under the laws of Illi- 
 nois, which corporation common carriers were then and 
 there engaged in the transporation of persons by railroad 
 over their railwav routes from Pittsburgh, in the state
 
 746 Federal Criminal Law Procedure. 
 
 of Pennsylvania, to Chicago, in the state of Illinois, with 
 the intent on the part of said John Arthur Johnson, other- 
 wise known as Jack Johnson, to induce the said Belle 
 Schreiber to give herself up to the practice of prostitu- 
 tion, whereby said girl, Belle Schrieber, otherwise known 
 as Mrs. Jack Johnson, was then and there transported in 
 interstate commerce from Pittsburgh aforesaid to Chi- 
 cago aforesaid, over the railway routes of said corpora- 
 tion common carriers; against the peace and dignity of 
 the said United States, and contrary to the form of the 
 statute of the same in such case made and provided. 
 
 10. And the grand jurors aforesaid, upon their oaths 
 aforesaid, do further present that the said John Arthur 
 Johnson, otherwise known as Jack Johnson, late of the 
 city of Chicago, on, to wit, the 15th day of October, in 
 the year of our Lord nineteen hundred and ten, unlaw 
 fully did knowingly cause to be transported in interstate 
 commerce, that is to say from Pittsburgh, in the state of 
 Pennsylvania, to Chicago, in the state of Illinois, through 
 the said Eastern Division of the said Northern District 
 of Illinois, over the railway route of certain corporation 
 common carriers, to wit, Pennsylvania Company, a cor- 
 poration under the laws of the state of Pennsylvania, 
 and Pittsburgh, Ft. Wayne and Chicago Railway Com- 
 pany, a corporation under the laws of the state of Illi- 
 nois, which corporation common carriers were then and 
 there engaged in the transportation of persons by rail- 
 road over their railway route from Pittsburgh, in the 
 state of Pennsylvania, to Chicago, in the state of Illinois, 
 a certain girl, to wit, Belle Schreiber, otherwise known 
 as Mrs. J. Johnson, for a certain immoral purpose, to wit, 
 for the purpose of having unlawful sexual intercourse 
 with her, the said Belle Schreiber; against the peace and 
 dignity of the said United States, and contrary to the 
 from of the statute of the same in such case made and 
 provided. 
 
 11. And the grand jurors aforesaid, upon their oath 
 aforesaid, do further present that the said John Arthur 
 Johnson, otherwise known as Jack Johnson, late of the 
 city of Chicago, on, to wit, the 15th day of October, in 
 the year of our Lord nineteen hundred and ten, unlaw-
 
 Form of Indictment 747 
 
 fully did knowingly cause to be transported in interstate 
 commerce, that is to say from Pittsburgh, in the state of 
 Pennsylvania, to Chicago, in the state of Illinois, through 
 the said Eastern Division of the said Northern District 
 of Illinois, over the railway route of certain corporation 
 common carriers, to wit, Pennsylvania Company, a cor- 
 poration under the laws of the state of Pennsylvania, 
 and Pittsburgh, Ft. Wayne and Chicago Railway Com- 
 pany, a corporation under the laws of the state of Illi- 
 nois, which corporation common carriers were then and 
 there engaged in the transporation of persons by rail- 
 road over their railway route from Pittsburgh, in the 
 state of Pennsylvania, to Chicago, in the state of Illinois, 
 a certain girl, to wit, Belle Schreiber, otherwise known 
 as Mrs. J. Johnson, for a certain immoral purpose, to 
 wit, for the purpose of committing the crime against 
 nature with and upon her, the said Belle Schreiber, other- 
 wise known as Mrs. J. Johnson; against the peace and 
 dignity of the said United States, and contrary to the 
 form of the statute of the same in such case made and 
 provided. 
 
 United States Attorney. 
 PETITION FOR WRIT OF ERROR. 
 
 No. 
 
 UNITED STATES OF AMERICA 
 
 vs. 
 JOHN DOE. 
 
 J 
 
 In the District 
 "Court of the Unit- 
 ed States for the 
 Northern District 
 of Texas. 
 
 John Doe, the defendant, in the above-numbered and 
 entitled cause, feeling himself aggrieved by the verdict 
 
 of the jury returned herein on the day of 
 
 . .A. D. 1915, and judgment rendered thereon on the 
 
 day of A. D. 1915, comes by Lilian B. 
 
 Aveilhe, his attorney, and petitions the Court for an or- 
 der allowing the defendant to prosecute a writ of error
 
 748 Federal Criminal Law Procedure. 
 
 to the Honorable United States Circuit Court of Appeals 
 for the Fifth Circuit under and according to the laws 01 
 the United States in that behalf provided, and your peti- 
 tioner will ever pray. 
 
 Lilian B. Aveilhe, 
 Attorney for Defendant. 
 
 ORDER ALLOWING WRIT OF ERROR. 
 
 No. 
 
 UNITED STATES OF AMERICA 
 
 vs. 
 JOHN DOE. 
 
 In the United 
 States District 
 Court for the North- 
 ern District of Tex- 
 as, at Dallas. 
 
 This the 15th day of April, 1915, came the defendant, 
 by his attorney, and filed herein and presented to the 
 Court his petition praying for the allowance of a writ 
 of error intended to be urged by him, praying also that 
 a transcript of the records and proceedings and papers 
 upon which the judgment herein was rendered, duly au- 
 thenticated, may be sent to the United States Circuit 
 Court of Appeals for the Fifth Judicial Circuit, and that 
 such other and further proceedings may be had as may 
 be proper in the premises. 
 
 On consideration whereof the Court does allow the 
 writ of error upon the defendant giving bond according 
 to law in the sum of dollars, which shall oper- 
 ate as a supersedeas bond. 
 
 United States District Judge 
 
 3' 
 
 WRIT OF ERROR. 
 
 The United States Circuit Court of Appeals for the Fifth 
 
 Circuit. 
 The United States of America 
 Fifth Judicial Circuit
 
 Form of Indictment 749 
 
 The President of the. United States, to the Honorable 
 Judge of the District Court of the United States for 
 the Northern District of Texas, Greeting: 
 Because in the record and proceedings, as also in the 
 rendition of the judgment, of a plea which is in the said 
 District Court, before you, between the United States of 
 America, plaintiffs, and John Doe, defendant, a manifest 
 error hath happened, to the great damage of the said 
 John Doe, defendant, as by his complaint appears, we 
 being willing that error, if any hath been, should be duly 
 corrected, and full and complete justice done to the par- 
 ties aforesaid, in this behalf, do command you, if judg- 
 ment be therein given, that then, under your seal, dis 
 tinctly and openly, you send the record and proceedings 
 aforesaid, with all concerning the same, to the United 
 States Circuit Court of Appeals for the Fifth Circuit, 
 together with this writ, so that you have the same at New 
 Orleans in said circuit within thirty days from the date 
 hereof, in the said Circuit Court of Appeals, to be then 
 and there held, that the record and proceedings afore- 
 said, being inspected, the said Circuit Court of Appeals 
 may cause further to be done therein to correct that er- 
 ror, what of right, and according to the laws and cus- 
 toms of the United States should be done. 
 
 United States District Judge. 
 WITNESS THE HONORABLE 
 
 Judge of the District Court of the 
 
 United States, this the 
 
 day of , 1915, and 
 
 the year of the in- 
 dependence of the United 
 States of America. 
 
 ATTEST: 
 
 Clerk.
 
 750 Federal Criminal Law Procedure. 
 
 CITATION • 
 
 The United States Circuit Court of Appeals for the Fifth 
 
 Circuit. 
 The United States of America 
 Fifth Judicial Circuit 
 To the United States of America, Greeting: 
 
 You are hereby cited and admonished to be and ap- 
 pear at session of the United States Circuit of Ap- 
 peals for the Fifth Circuit to be held at the city of New 
 Orleans in said Circuit on the .... day of next pur- 
 suant to a writ of error filed in the Clerk's office of the 
 District Court of the United States for the Northern Dis- 
 trict of Texas, wherein John Doe is plaintiff in error and 
 you are the defendants in error, to show cause, if any 
 there be, why the judgment rendered against the said 
 plaintiff in error, as in the said writ of error mentioned, 
 should not be corrected, and why speed justice should 
 not be done to the parties in that behalf. 
 
 WITNESS THE HONORABLE EDWARD M. 
 WHITE, CHIEF JUSTICE OF THE UNITED STATES, 
 
 this the day of in the year of our Lord 
 
 one thousand nine hundred and , and of the 
 
 independence of the United States of America the One 
 Hundred and 
 
 United States District Judge, 
 or 
 
 Clerk of the United States District Court of the Northern 
 
 District of Texas. 
 
 WRIT OF ERROR BOND. 
 No. 
 
 UNITED STATES OF AMERICA 1 In the District 
 
 Court of the United 
 vs. ,> States for the North- 
 
 ern District of Tex- 
 as. 
 
 JOHN DOE.
 
 Form of Indictment 751 
 
 We, John Doe, and the other subscribers hereto, joint- 
 ly and severally, acknowledge ourselves indebted to the 
 United States of America in the sum of one thousand 
 dollars lawful money of the United States of America, 
 to be levied on our and each of our goods, chattels, lands 
 and tenements, upon this condition: 
 
 Whereas, the said John Doe, has sued out a writ of 
 error from the judgment of the United States District 
 Court for the Northern District of Texas, in Cause No. 
 
 in said Court, wherein the United States of 
 
 America are plaintiffs and John Doe is defendant, for 
 a review of the judgment in the United States Circuit 
 Court of Appeals for the Fifth Circuit : 
 
 Now, if the said John Doe shall appear and surrender 
 in the District Court of the United States for the North- 
 ern District of Texas on and after the filing in said Dis- 
 trict Court of the mandate of the United States Circuit 
 Court of Appeals for the Fifth Circuit, and from time to 
 time thereafter as he may be required to answer any 
 further proceedings, and abide by and perform any judg- 
 ment or order which may be had or rendered therein in 
 this case, and shall abide by and perforin any judgment 
 or order which may be rendered in said United States 
 Circuit Court of Appeals for the Fifth Circuit, and not 
 depart from said District Court without leave thereof, 
 then this obligation shall be void; otherwise to remain in 
 full force and virtue. 
 
 WITNESS our hands and seals on this the day 
 
 of A. D. 1915. 
 
 Taken and approved this the 
 
 day of A. D. 1915, be- 
 fore me. 
 
 United States District Judge.
 
 752 Federal Criminal Law Procedure. 
 
 PRAECIPE FOR RECORD. 
 UNITED STATES OF AMERICA 
 
 vs. 
 JOHN DOE. 
 To L. C. Maynard, 
 Clerk. 
 
 >- 
 
 In the United States 
 District Court for the 
 Northern District of 
 Texas, at Dallas. 
 
 SIR: Please prepare a transcript of the record in the 
 case of United States vs. John Doe and include therein 
 the following papers: Indictment; defendant's motion 
 to abate; defendant's motion to quash; judgment; sen- 
 tence; defendant's motion for a new trial; defendant's 
 amended motion in arrest cf judgment; bill of exceptions; 
 charge of the Court; (if the Court orders the same sent 
 up) assignments of error; petition for writ of error; order 
 allowing writ of error and fixing bail; writ of error bond; 
 writ of error; citation in error, 
 
 Respectfully, 
 
 Lilian B. Aveilhe, 
 Attorney for the Defendant.
 
 CRIMINAL STATUTES. 
 
 Complete Penal Code, Together with an Appendix, 
 which Contains a Reference to all Laws of a General 
 Nature in force on December 1, 1909, which have Penal 
 Provisions, and which are not Contained in the 1910 
 Criminal Code. 
 
 EXPLANATIONS— All criminal statutes were re- 
 vised and collated into what is called the Revised Stat- 
 utes of 1878. Between that time and 1910 there was, of 
 course, much important criminal legislation and the 1910 
 Code, therefore, became necessary. That cede, however, "^ 
 does not include all of the federal criminal statutes, many 
 still remaining alive in the 1878 revision. There are also 
 many laws having criminal provisions which are not 
 included in either the Code or the Revised Statutes. 
 
 The government prepared, at its printing office, in 1911, 
 a pamphlet which is supposed to contain all of the crim- 
 inal stautes up to the date of such printing, or to at least 
 point where such statute may be found. In order that 
 this volume may be as complete as possible, I secured 
 a copy of this government publication, and have includ- 
 ed it herein. The information that comes under the head 
 of appendix is valuable since the general headings thereof 
 will enable one to trace and find quickly any criminal 
 provision, which is not included in the 1910 act. The 
 reference is to the 1878 statutes and also to the statutes- 
 at-large. 
 
 The most important laws, enacted since 1910 are to be 
 found in the preceding chapters. While the 1910 Code 
 is in this chapter, the most important laws up to De- 
 cember 1st, 1921, will be found in this volume. With 
 the preceding chapters and the Penal Code which fol- 
 lows this word practically every criminal statute or a 
 reference to it, will be found. 
 
 For additional reference books I ' gladly commend 
 Federal Statutes Annotated, U. S. Complied Statutes and 
 Barnes Federal Code, the latter, though without annota- 
 
 (753) 
 
 48
 
 754 Federal Criminal Law Procedure. 
 
 tions, being the most portable. At the date of this writing 
 it is composed of an original edition and of a 1921 sup- 
 plement which, however, only covers the years 1919 and 
 1920, and does not embrace any of the legislation of 1921. 
 
 [Act of March 4, 1909; 35 Stat., 1088.] 
 An Act To codify, revise, and amend the penal laws of the United States 
 
 Be it enacted by the Senate and House of Representa- 
 tives of the United States of America in Congress as- 
 sembled, That the penal laws of the United States be, 
 and they hereby are, codified, revised, and amended, with 
 title, chapters, headnotes, and sections, entitled, num- 
 bered, and to read as follows:
 
 CRIMES 
 
 CHAPTER ONE. 
 
 OFFENSES AGAINST THE EXISTENCE OF THE GOVERNMENT. 
 
 § 1. Treason. 
 
 2. Punishment of treason. 
 
 3. Misprision of treason. 
 
 4. Inciting or engaging in rebellion or insurrection. 
 
 5. Criminal correspondence with foreign governments. 
 
 6. Seditious Conspiracy. 
 
 7. Recruiting soldiers or sailors to serve against the United States. 
 
 8. Enlistment to serve against the United States. 
 
 § 1. Treason. — Whoever, owing allegiance to the 
 United States, levies war against them or adheres to their 
 enemies, giving them aid and comfort within the United 
 States or elsewhere, is guilty of treason. (R. S., s. 5331.) 
 
 U. S. v. Vilato, 2 Dall., 370; The 
 Insurgents, 2 Dall., 385; Ex Parte Bol 
 man & Swartout, 4 Cranch, 75; U. S. v. 
 Burr, 4 Cranch, 469; Hanauer v. Doane, 
 12 Wall., 342; Carlisle v. U. S., 16 
 Wall., 147; Case of Fries, Wharton St. 
 Tr., 458, 610, 9 Fed. Cas., 826, 924; 
 Shortridge v. Macon, Chase, 136. 22 
 Fed. Cas., 20; U. S. v. Burr, 1 Burr's 
 Trial, 14, 16, 2 Burr's Trial, 402, 405, 
 417, 25 Fed. Cas., 2, 52, 55. 210; U. S. 
 v. Cathcart, 1 Bond, 556, 25 Fed. Cas., 
 344; U. S. v. Greathouse, 2 Ab. C. C. 
 364, 26 Fed. Cas., 18; U. S. v. Hodges, 
 
 Brun. Col. Cas., 465, 26 Fed. Cas., 332, 
 U. S. v. Hoxie, 1 Paine, 265, 26 Fed. 
 Cas., 397; U. S. v. Mitchell, 2 Dall., 348, 
 26 Fed. Cas., 1277; U. S. v. Vigol, 2 Dall., 
 346, 28 Fed. Cas., 376; U. S. v. Pryor, 3 
 Wash., 234, 27 Fed. Cas., 628; Charges to 
 Grand Jury, 2 Curt., 630. 30 Fed. Cas., 
 1024; 4 Blatch., 518, 30 Fed. Cas., 1032; 
 5 Blatch., 549, 30 Fed. Cas., 1034; 1 Bond. 
 609, 30 Fed. Cas. 1036; 1 Spr., 602, 30 
 Fed. Cas., 1039; 2 Spr., 292, 30 Fed. 
 Cas., 1042; 1 story, 614, 30 Fed. Cas. 
 1046; 2 Wall., jr., 134, 30 Fed. Cas., 
 1047; 2 Spr. 285, 30 Fed. Cas., 1049. 
 
 § 2. Punishment of treason. — Whoever is convicted 
 of treason shall suffer death; or, at the discretion of the 
 court, shall be imprisoned not less than five years and 
 fined not less than ten thousand dollars, to be levied on 
 and collected out of any or all of his property, real and 
 personal of which he was the owner at the time of com- 
 mitting such treason, any sale or conveyance to the con- 
 trary notwithstanding; and every person so convicted of 
 treason shall, moreover, be incapable of holding any 
 office under the United States. (R. S., s. 5332.) 
 
 Confiscation Cases, 20 Wall., 92; Wal- 202; Windsor v. McVeigh, 93 U. S., 
 lack et al. v. Van Riswick, 92 V. S., 274. 
 
 § 3. Misprision of treason. — Whoever, owing alle- 
 giance to the United States and having knowledge of 
 
 (755)
 
 756 Federal Criminal Law Procedure. 
 
 the commission of any treason against them, conceals, 
 and does not, as soon as may be, disclose and make known 
 the same to the President or to some judge of the United 
 States, or to the governor or to some judge or justice of 
 a particular State, is guilty of misprision of treason and 
 shall be imprisoned not more than seven years and fined 
 not more than one thousand dollars. (E. S., s. 5333.) 
 
 U. S. v. Wiltberger, 5 Wheat, 97; Fed. Cas., 270; U. S. v. Tract of Land, 
 Confiscation Cases, 1 Woods, 221, 6 1 Woods, 475, 28 Fed. Cas., 203. 
 
 § 4. Inciting or engaging in rebellion or insurrection. 
 — Whoever incites, sets on foot, assists, or engages in 
 any rebellion or insurrection against the authority of the 
 United States or the laws thereof, or gives aid or comfort 
 thereto, shall be imprisoned not more than ten years, or 
 fined not more than ten thousand dollars, or both; and 
 shall, moreover, be incapable of holding any office under 
 the United States. (R. S., s. 5334.) 
 
 § 5. Criminal correspondence with foreign govern- 
 ments.— Every citizen of the United States, whether 
 actually resident or abiding within the same, or in any 
 place subject to the jurisdiction thereof, or in any foreign 
 country, without the permission or authority of the Gov- 
 ernment, directly or indirectly, commences or carries on 
 any verbal or written correspondence or intercourse with 
 any foreign government or any officer or agent thereof, 
 with an intent to influence the measures or conduct of 
 any foreign government or of any officer or agent there- 
 of, in relation to any disputes or controversies with the 
 United States, or to defeat the measures of the Govern- 
 ment of the United States, and every person, being a 
 citizen of or resident within the United States or in any 
 place subject to the jurisdiction thereof, and not duly 
 authorized, counsels, advises, or assists in any such cor- 
 respondence with such intent, shall be fined not more 
 than five thousand dollars and imprisoned not more than 
 three years; but nothing in this section shall be con- 
 strued to abridge the right of a citizen to apply, himself 
 or his agent, to any foreign government or the agents 
 thereof for redress of any injury which he may have sus-
 
 Offenses Against Government. 757 
 
 tainecl from such government or any of its agents or sub- 
 jects. (R. S., s. 5335.) 
 
 § 6. Seditious conspiracy. — If two or more persons in 
 any State or Territory, or in any place subject to the 
 jurisdiction of the United States, conspire to overthrow, 
 put down, or to destroy by force the Government of the 
 United States, or to levy war against them, or to oppose 
 by force the authority thereof, or by force to prevent, 
 hinder, or delay the execution of any law of the United 
 States, or by force to seize, take, or possess any property 
 of the United States contrary to the authority thereof, 
 they shall each be fined not more than five thousand dol- 
 lars, or imprisoned not more than six years, or both. (R. 
 S., s. 5336.) 
 
 Ex parte Lange, 18 Wall., 163. 
 
 § 7. Recruiting soldiers or sailors to serve against the 
 United States. — Whoever recruits soldiers or sailors with- 
 in the United States, or in any place subject to the juris- 
 diction thereof, to engage in armed hostility against the 
 same, or opens within the United States, or in any place 
 subject to the jurisdiction thereof, a recruiting station 
 for the enlistment of such soldiers or sailors to serve in 
 any manner in armed hostility against the United States, 
 shall be fined not more than one thousand dollars and 
 imprisoned not more than five years. (R. S., s. 5337.) 
 
 § 8. Enlistment to serve against the United States. — 
 Every person enlisted or engaged within the United 
 States or in any place subject to the jurisdiction thereof, 
 with intent to serve in armed hostility against the United 
 States, shall be fined one hundred dollars and imprisoned 
 not more than three years. (R. S., s. 5338.)
 
 CHAPTER TWO. 
 
 OFFENSES AGAINST NEUTRALITY. 
 
 § 9. Accepting a foreign commission. 
 
 10. Enlisting in foreign service. 
 
 11. Arming vessels against people at peace with the United States. 
 
 12. Augmenting force of foreign vessel of war. 
 
 13. Military expeditions against people at peace with the United 
 
 States. 
 
 14. Enforcement of foregoing provisions. 
 
 15. Compelling foreign vessels to depart. 
 
 16. Armed vessels to give bond on clearance. 
 
 17. Detention by collectors of customs. 
 
 18. Construction of this chapter. 
 
 § 9. Accepting a foreign commission. — Every citizen 
 of the United States who, within the territory or juris- 
 diction thereof, accepts and exercises a commission to 
 serve a foreign prince, state, colony, district, or people, 
 in war, by land or by sea, against any prince, state, col- 
 ony, district, or people, with whom the United States are 
 at peace, shall be fined not more than two thousand dol- 
 lars and imprisoned not more than three years. (R. S. s. 
 5281.) 
 
 U. S. v. Williams, 3 Cranch, 83; Ker of the Salvadorean Refugees, 29 Am. 
 
 v. Illinois, 119 U. S., 436; Wiborg v. L. Rev., 1; The Ambrose Light, 5 Fed. 
 
 U. S., 163 U. S., 632, 73 Fed. Rep., Rep., 408. 
 159; John Bassett Moore upon The Case 
 
 § 10. Enlisting in foreign service. — Whoever, within 
 the territory or jurisdiction of the United States, enlists, 
 or enters himself, or hires or retains another person to 
 enlist or enter himself, or to go beyond the limits or juris- 
 diction of the United States with intent to be enlisted or 
 entered in the service of any foreign prince, state, colony, 
 district, or people, as a soldier, or as a marine or seaman, 
 on board of any vessel of war, letter of marque, or priva- 
 teer, shall be fined not more than one thousand dollars 
 and imprisoned not more than three years. (R. S. s. 
 5282.) 
 
 Chacon v. Bales of Cochineal, 1 Brock., Pitts.. L. J.. 194, 26 Fed. Cas., 293; 
 
 478, 5 Fed. Cas., 390; Stoughton v. U. S. v. Kazinski, 2 Sprague, 7, 26 
 
 Taylor, 2 Paine, 665, 13 Fed. Cas., 1179; Fed. Cas., 682; 4 A. G. Op., 336; 7 
 
 Ex parte Needham, Pet. C. C; 487. A. G. Op., 367. 
 17 Fed. Cas., 1274, U. S. v. Hertz, 3 
 
 (758)
 
 Offenses Against Neutrality, 
 
 759 
 
 § 11. Arming vessels against people at peace with the 
 United States. — Whoever, within the territory or juris- 
 diction of the United States, fits out and arms, or at- 
 tempts to fit out and arm, or procures to be fitted out and 
 armed, or knowingly is concerned in the furnishing, 
 fitting out, or arming of any vessel, with intent that such 
 vessel shall be employed in the service of any foreign 
 prince or state, or of any colony, district, or people, to 
 cruise or commit hostilities against the subjects, citizens, 
 or property of any foreign prince or state, or of any 
 colony, district, or people, with whom the United States 
 are at peace, or whoever issues or delivers a commission 
 within the territory or jurisdiction of the United States 
 for any vessel, to the intent that she may be so employed, 
 shall be fined not more than ten thousand dollars and 
 imprisoned not more than three years. And every such 
 vessel, her tackle, apparel, and furniture, together with 
 all materials, arms, ammunition, and stores which may 
 have been procured for the building and equipment 
 thereof, shall be forfeited; one-half to the use of the in- 
 former and the other half to the use of the United States. 
 (R. S. s. 5283.) 
 
 U. S. v. Guinet, 2 Dall., 321; Moodie 
 v. The Alfred, 3 Dal!., 307; Gelston v. 
 Hoyt, 3 Wheat., 246; The Estrella, 4 
 Wheat., 298; La Conception, 6 Wheat., 
 235; The Santissima Trinidad, 7 Wheat., 
 283; The Gran Para, 7 Wheat., 471; 
 The Santa Maria, 7 Wheat., 490; The 
 Arrogante Barcelones, 7 Wheat., 496; 
 The Monta Allegre, 7 Wheat., 520; U. 
 S. v. Reyburn, 6 Pet., 352; U. S. v. 
 Quincy, 6 Pet., 445; The Bermuda, 3 
 Wall., 551: U. S. v. Weed, 72 U. S. 
 62; The Watchful, 7i U. S., 91; The 
 Three Friends, 166 U. S., 1, 52, 78 Fed. 
 Rep., 175. The Chapman, 4 Sawyer. 
 501, S Fed. Cas., 471; The Florida, 4 
 Ben., 452, 9 Fed. Cas., 321; Tuando v. 
 Taylor, 2 Paine, 652, 13 Fed. Cas., 1179; 
 The Meteor, 1 Am. L. Rev., 401, 17 Fed. 
 Cas., 178; Moodie v. The Brothers, Bee, 
 76, 17 Fed. Cas., 653; Sawyer v. Steele, 
 
 § 12. Augmenting force of foreign vessel of war. — 
 Whoever, within the territory or jurisdiction of the 
 United States, increases or augments, or procures to be 
 increased or augmented, or knowingly is concerned in 
 increasing or augmenting, the force of any ship of war, 
 cruiser, or other armed vessel which, at the time of her 
 arrival within the United States, was a ship of war, or 
 cruiser or armed vessel, in the service of any foreign 
 
 3 Wash., 464, 21 Fed. Cas., 583; U. 
 S. v. Skinner, 1 Brun. Col. Cas., 446; 
 2 Wheeler's Crim. Cases, 232, 27 Fed. 
 Cas., 1123; U. S. v. The Mary Hogan, 
 18 Fed. Rep., 529; U. S. v. Two 
 Hundred and Fourteen Boxes. 20 Fed. 
 Rep., 50; Stannick v. The Friendship, 
 Bee, 40, 22 Fed. Cas., 1056; The City 
 of Mexico, 24 Fed. Rep. 33, 25 Fed. 
 Rep., 925; The City of Mexico, 28 
 Fed. Rep., 148, 32 Fed. Rep., 105; 
 The Carondolet, 37 Fed. Rep., 799; 
 The Conserva, 38 Fed. Rep., 431; U. 
 S. v. The Resolute, 40 Fed. Rep.. 543: 
 U. S. v. The Robert and Minnie, 47 
 Fed. Rep., 84; U. S. v. Trumbull. 48 
 Fed. Rep., 99; The Itata, 56 Fed. Rep.. 
 505. 49 Fed. Rep.. 646: The Laurada. 
 85 Fed. Rep., 760, The Huascar, 3 Whar- 
 ton's Dig., 474.
 
 760 
 
 Federal Criminal Law Procedure. 
 
 prince or state, or of any colony, district, or people, or be- 
 longing to the subjects or citizens of any such prince or 
 state, colony, district, or people, the same being at war 
 with any foreign prince or state, or of any colony, district, 
 or people, with whom the United States are at peace, by 
 adding to the number of the guns of such vessel, or by 
 changing those on board of her for guns of a larger cali- 
 ber, or by adding thereto any equipment solely applica- 
 ble to war, shall be fined not more than one thousand dol- 
 lars and imprisoned not more than one year. (R. S. s. 
 5285.) 
 
 The Alerta v. Moran, 9 Cranch, 359; 
 U. S. v. Grassin, 3 Wash., 65, 26 Fed. 
 Cas., 10. 
 
 § 13. Military expeditions against people at peace 
 with the United States. — Whoever, within the territory 
 or jurisdiction of the United States, begins, or sets on 
 foot, or provides_or prepares the means for, any military 
 expedition or enterprise, to be carried on from thence 
 against the territory or dominions of any foreign prince 
 or state, or of any colony, district, or people, with whom 
 the United States are at peace, shall be fined not more 
 than three thousand dollars and imprisoned not more 
 than three years. (R. S. s. 5286.) 
 
 U. S. v. Pirates, 5 Wheat., 184; U. 
 S. v. Hallock, 154 U. S., 537; Duvall v. 
 U. S., 154 U. S., 548; U. S. v. Wiborg, 
 163 U. S., 632; The Three Friends, 166 
 U. S., 1, 78; The Chapman, 4 Sawyer, 
 501, 5 Fed. Cas., 471; Ex parte Needham, 
 1 Pet. C C, 487, 17 Fed. Cas., 1275; 
 U. S. v. Lumsden, 1 Bond, 5, 26 Fed. 
 Cas.. 1012; Charges to Grand Jury, 5 
 Blatch., 556, 30 Fed. Cas., 1017;" 2 Mc- 
 Lean, 1, 30 Fed. Cas., 1018; 5 McLean, 
 249, 30 Fed. Cas., 1020; 5 McLean, 306, 
 30 Fed. Cas., 1021; 4 Wkly. L. Gaz., 
 214, 30 Fed. Cas., 1023; 2 Curt., 630, 
 30 Fed. Cas., 1024; U. S. v. Rand, 17 
 Fed. Rep., 142; City of Mexico, 32 Fed. 
 Rep., 105; The Cardondelet, 37 Fed. Rep., 
 
 § 14. Enforcement of foreign provisions. — The dis- 
 trict courts shall take cognizance of all complaints, by 
 whomsoever instituted, in cases of captures made within 
 the waters of the United States, or within a marine 
 league of the coasts or shores thereof. In every case in 
 which a vessel is fitted out and armed, or attempted to be 
 fitted out and armed or in which the force of any vessel 
 of war, cruiser, or other armed vessel is increased or 
 augmented, or in which any military expedition or enter- 
 
 799; U. S. v. The Resolute, 40 Fed 
 Rep., 543; U. S. v. The Robert and Min 
 nie. 47 Fed. Rep., 84 U. S. v. Trumbull 
 48 Fed. Rep., 99; The Itata, 46 Fed 
 Rep., 646; U. S. v. Ybanez. 53 Fed 
 Rep., 536; Hendrick v. Gonzales, 67 
 Fed. Rep., 351; U. S. v. Pena, 69 Fed 
 Rep., 983; U. S. v. Hughes, 70 Fed 
 Rep. 972, 75 Fed. Rep., 267; U. S. v 
 O'Brien, 75 Fed. Rep., 900; U. S. v 
 Hart, 78 Fed. Rep., 868, 74 Fed. Rep. 
 724; U. S. v. Nunez. 82 Fed. Rep. 599 
 Hart v. U. S.. 84 Fed. Rep., 799; U 
 S. v. Murphy, 84 Fed. Rep., 609. The 
 Madagascar Expedition, 29 Am. L. Rev., 
 539.
 
 Offenses Against Neutrality. 761 
 
 prise is begun or set on foot, contrary to the provisions 
 and prohibitions of this chapter; and in every case of 
 the capture of a vessel within the jurisdiction or protec- 
 tion of the United States as before defined ; and in every 
 case in which any process issuing out of any court of 
 the United States is disobeyed or resisted by any person 
 having the custody of any vessel of war, cruiser, or 
 other armed vessel of any foreign prince or state, or of 
 any colony, district, or people, or of any subjects or citi- 
 zens of any foreign prince or state, or of any colony, dis- 
 trict, or people, it shall be lawful for the- President, or 
 such other person as he shall have empowered for that 
 purpose, to employ such part of the land or naval forces 
 of the United States, or the militia thereof, for the pur- 
 pose of taking possession of and detaining any such ves- 
 sel, with her prizes, if any, in order to enforce the exe- 
 cution of the prohibitions and penalties of this chapter, 
 and the restoring of such prizes in the cases in which 
 restoration shall be adjudged; and also for the purpose 
 of preventing the carrying on of any such expedition or 
 enterprise from the territory or jurisdiction of the Unit- 
 ed States against the territory or dominion of any for- 
 eign prince or state, or of any colony, district, or people 
 with whom the United States are at peace. (R. S. s. 
 5287.) 
 
 Stoughton v. Dimick, 3 Blatch., 356; 
 29 Vt., 535, 23 Fed. Cas., 77. 
 
 § 15. Compelling foreign vessels, to depart. — It shall 
 be lawful for the President, or such person as he shall 
 empower for that purpose, to employ such part of the 
 land or naval forces of the United States, or of the mili- 
 tia thereof, as shall be necessary to compel any foreign 
 vessel to depart the United States in all cases in which, 
 by the laws of nations or the treaties of the United 
 States, she ought not to remain within the United States. 
 (R. S. s. 5288.) 
 
 § 16. Armed vessels to give bond on clearance. — 
 The owners or consignees of every armed vessel sailing 
 out of the ports of, or under the jurisdiction of, the Unit- 
 ed States, belonging wholly or in part to citizens thereof, 
 shall, before clearing out the same, give bond to the Unit- 
 ed States, with sufficient sureties, in double the amount 
 of the value of the vessel and cargo on board, including
 
 762 Federal Criminal Law Procedure. 
 
 her armament, conditioned that the vessel shall not be 
 employed by such owners to cruise or commit hostilities 
 against the subjects, citizens, or property of any foreign 
 prince or state, or of any colony, district, or people with 
 whom the United States are at peace. (R. S. s. 5289.) 
 
 U. S. v. Quincy, 6 Pet., 445; U. S. 
 v. Quitman, 2 Am. L. Rev., 645, 27 Fed. 
 Cas., 680. 
 
 § 17. Detention by collector of customs. — The several 
 collectors of the customs shall detain any vessel mani- 
 festly built for warlike purposes, and about to depart 
 the United States, or any place subject to the jurisdic- 
 tion thereof, the cargo of which principally consists of 
 arms and munitions of war, when the number of men 
 shipped on board, or other circumstances, render it prob- 
 able that such vessel is intended to be employed by the 
 owners to cruise or commit hostilities upon the subjects, 
 citizens, or property of any foreign prince or state, or of 
 any colony, district, or people with whom the United 
 States are at peace, until the decision of the President 
 is had thereon, or until the owner gives such bond and 
 security as is required of the owners of armed vessels by 
 the preceding section. (R. S., s. 5290.) 
 
 Hendricks v. Gonzales, 67 Fed. Rep., 
 659. 
 
 § 18. Construction of this chapter. — The provisions 
 of this chapter shall not be construed to extend to any 
 subject or citizen of any foreign prince, state, colony, dis- 
 trict, or people who is transiently within the United States 
 and enlists or enters himself on board of any vessel of 
 war, letter of marque, or privateer, which at the time of 
 its arrival within the United States was fitted and equip- 
 ped as such, or hires or retains another subject or citi- 
 zen of the same foreign prince, state, colony, district, or 
 people who is transiently within the United States to en- 
 list or enter himself to serve such foreign prince, state, col- 
 ony, district, or people on board such vessel of war, let- 
 ter of marque, or privateer, if the United States shall 
 then be at peace with such foreign prince, state, colony, 
 district, or people. Nor shall they be construed to pre- 
 vent the prosecution or punishment of treason, or of 
 anv piracy defined by the laws of the United States. (R. 
 S., s. 5291.)
 
 CHAPTER THREE. 
 
 OFFENSES AGAINST THE ELECTIVE FRANCHISE AND CIVIL 
 
 RIGHTS OF CITIZENS. 
 
 19. Conspiracy to injure, etc., citizens in the exercise of civil 
 
 rights. 
 
 20. Depriving persons of civil rights under color of State laws. 
 
 21. Conspiring to prevent officer from performing duties. 
 
 22. Unlawful presence of troops at elections. 
 
 23. Intimidation of voters by officers, etc., of Army or Navy. 
 
 24. Officers of Army or Navy prescribing qualifications of voters. 
 
 25. Officers, etc., of Army or Navy interfering with officers of 
 
 election, etc. 
 
 26. Persons disqualified from holding office; when soldiers, etc., 
 
 may vote. 
 
 § 19. Conspiracy to injure, etc., citizens in the exer- 
 cise of civil rights. — If two or more persons conspire 
 to injure, oppress, threaten, or intimidate any citizen in 
 the free exercise or enjoyment of any right or privilege 
 secured to him by the Constitution or laws of the United 
 States, or because of his having so exercised the same, 
 or if two or more persons go in disguise on the high- 
 way, or on the premises of another, with intent to pre- 
 vent or hinder his free exercise or enjoyment of any 
 right or privilege so secured, they shall be fined not more 
 than five thousand dollars and imprisoned not more than 
 ten years, and shall, moreover, be thereafter ineligible 
 to any office, or place of honor, profit, or trust created 
 by the Constitution or laws of the United States. (R. S., 
 s. 5508.) 
 
 U. S. v. Reese, 92 U. S., 214; U. S. 
 v. Cruikshank et al., 92 U. S. 542, 1 
 Woods, 308, 25 Fed. Cas., 707; Strau- 
 der v. W. Va., 100 U. S., 303; Va. v. 
 Reeves, 100 U. S., 313; Ex parte 
 Virginia, 100 U. S., 339; Ex parte Sie- 
 bold, 100 U. S., 371; Ex parte Clark, 
 100 U. S., 399; Neal v. Delaware. 103 
 U. S., 370; U. S. v. Harris, 106 U. S., 
 629; Civil Rights Cases, 109 U. S., 17; 
 Ex parte Yarbrough, 110 U. S., 651; U. 
 S. v. Waddell, 16 Fed. Rep., 221, 112 
 U. S., 76; Baldwin v. Frank, 120 U. S., 
 678; In re Coy, 127 U. S.. 731; In 
 re Neagle. 135 U. S., 1; In re Lan- 
 caster, 137 U. S., 393; Logan v. U. S., 
 144 U. S., 263; Brown v. U. S., 150 U. S., 
 93; In re Quarles, 158 U. S., 532; Motes 
 v. U. S., 178 U. S., 458; Hodges v. 
 
 U. S.. 203 U. S.. 1; Rakes v. U. S., 
 212 U. S., 55; Slaughter House Case, 
 1 Woods, 21, 15 Fed. Cas., 649, 16 Wall.. 
 36; Seeley v. Knox, 2 Woods, 368, 21 
 Fed. Cas., 1014; U. S. v. Butler, 1 
 Hughes, 457, 25 Fed. Cas., 213; U. S. 
 v. Butler, 4 Hughes, 512, 25 Fed. Cas.. 
 226 U. S. v. Degrieff, 16 Blatch., 20, 
 25 Fed. Cas., 799; U. S. v. Mitchel, 1 
 Hughes, 439; 26 Fed. Cas., 1283; Le 
 Grand v. U. S., 12 Fed. Rep.. 577; In 
 re Baldwin, 27 Fed. Rep., 187; U. S. 
 v. Lancaster, 44 Fed. Rep.. 885; U. S. 
 v. Sanges, 48 Fed. Rep., 78; U. S. v. 
 Patrick, 53 Fed. Rep., 356; U. S. v. Pat- 
 rick, 54 Fed. Rep., 338; Haynes v. U. 
 S., 101 Fed. Rep., 817; U. S. v. Davis, 
 103 Fed. Rep.. 457; Mullen v. U. S., 106 
 Fed. Rep., 892; Davis v. U. S., 107 Fed. 
 
 (763)
 
 764 Federal Criminal Law Procedure. 
 
 Rep., 753: Karem v. U. S., 121 Fed. Rep., 254; U. S. v. Moore, 129 Fed. Rep., 630; 
 
 250; Morris v. U. S., 125 Fed. Rep., U. S. v. Powell, 151 Fed. Rep., 648; 
 
 322; McKenna v. U. S., 127 Fed. Rep., Smith v. U. S., 157 Fed. Rep., 721; U. 
 
 S8; U. S. v. Eberhart, 127 Fed. Rep., S. v. Mason, 213 U. S., 115. 
 
 § 20. Depriving persons of civil rights under color 
 of State law. — Whoever, under color of any law, statute, 
 ordinance, regulation, or custom, wilfully subjects, or 
 causes to be subjected, any inhabitant of any State, Ter- 
 ritory, or District to the deprivation of any rights, priv- 
 ileges, or immunities secured or protected by the Con- 
 stitution and laws of the United States, or to different 
 punishments, pains, or penalties, on account of such in- 
 habitant being an alien, or by reason of his color, or 
 race, than are prescribed for the punishment of citizens, 
 shall be fined not more than one thousand dollars, or 
 imprisoned not more than one year, or both. (R. S., s. 
 
 Civil Rights Cases, 109 U. S., 16; U. 481; U. S. -v. Buntin, 10 Fed. Rep., 730; 
 S. v. Blackburn, 8 Chi. L. N., 26, 24 he Grand v. U. S., 12 Fed. Rep., 577; 
 Fed. Cas., 1158; Re Parrott, 1 Fed. Rep., U. S., v. Washington, 20 Fed. Rep., 630. 
 
 5510.) 
 
 § 21. Conspiracy to prevent person from holding of- 
 fice or officer from performing duty under United States, 
 etc. — If two or more persons in any State, Territory, or 
 District conspire to prevent, by force, intimidation, or 
 threat, any person from accepting or holding any office, 
 trust, or place of confidence under the United States, or 
 from discharging any duties thereof; or to induce by 
 like means any officer of the United States to leave any 
 State, Territory, District, or place, where his duties as 
 an officer are required to be performed, or to injure him 
 in his person or property on account of his lawful dis- 
 charge of the duties of his office, or while engaged in 
 the lawful discharge thereof, or to injure his property 
 so as to molest, interrupt, hinder, or impede him in the 
 discharge of his official duties, each of such persons shall 
 be fined not more than five thouand dollars, or imprison- 
 ed not more than six years, or both. (R. S., s. 5518.) 
 
 Clune v. U. S., 159 U. S., 590. 
 U. S. v. Johnson, 2 Fed. Rep., 682. 
 
 § 22. Unlawful presence of troops at elections. — 
 Every officer of the Army or Navy, or other person in 
 the civil, military, or naval service of the United States, 
 who orders, brings, keeps, or has under his authority or 
 control any troops or armed men at any place where a
 
 Offenses Against Rights of Citizens. 765 
 
 general or special election is held in any State, unless 
 such force be necessary to repel armed enemies of the 
 United States, shall be fined not more than five thousand 
 dollars and imprisoned not more than five years. (R. S., 
 s. 5528.) 
 
 § 23. Intimidation of voters by officers, etc., of Army 
 and Navy. — Every officer or other person in the military 
 or naval service of the United States who, by force, 
 threat, intimidation, order, advice, or otherwise, pre- 
 vents or attempts to prevent, any qualified voter of any 
 State from freely exercising the right of suffrage at any 
 general or special election in such State shall be fined 
 not more than five thousand dollars and imprisoned not 
 more than five years. (R. S., s. 5529.) 
 
 § 24. Officers of Army or Navy prescribing qualifica- 
 tions of voters. — Every officer of the Army or Navv who 
 prescribes or fixes, or attempts to prescribe or fix, wheth- 
 er by proclamation, order, or otherwise, the qualifica- 
 tions of voters at any election in any State shall be pun- 
 ished as provided in the preceding section. (R. S., s. 
 5530.) 
 
 § 25. Officers, etc., of Army or Navy interfering with 
 officers of election, etc. — Every officer or other person in 
 the military or naval service of the United States who, 
 by force, threat, intimidation, order, or otherwise, com- 
 pels, or attempts to compel, any officer holding an elec- 
 tion in any State to receive a vote from a person not 
 legally qualified to vote, or who imposes, or attempts 
 to impose, any regulations for conducting any general 
 or special election in a State different from those pre- 
 scribed by law, or who interferes in any manner with any 
 officer of an election in the discharge of his duty, shall 
 be punished as provided in section twenty-three. (R. S., 
 s. 5531.) 
 
 § 26. Persons disqualified from holding office; when 
 soldiers, etc., may vote. — Every person convicted of any 
 offense defined in the four preceding sections shall, in 
 addition to the punishment therein prescribed, be disquali- 
 fied from holding any office of honor, profit, or trust
 
 766 Federal Criminal Law Procedure. 
 
 under the United States; but nothing therein shall be 
 construed to prevent any officer, soldier, sailor, or ma- 
 rine from exercising the right of suffrage in any elec- 
 tion district to which he may belong, if otherwise quali- 
 fied according to the laws of the State in which he offers 
 to vote. (R. S., 5532.)
 
 CHAPTEE FOUR. 
 
 OFFENSES AGAINST THE OPERATIONS OF THE 
 GOVERNMENT. 
 
 § 27. Forgery of letters patent. 
 
 28. Forging bids, public records, etc. 
 
 29. Forging deeds, powers of attorney, etc. 
 
 30. Having forged papers in possession. 
 
 31. False acknowledgments. 
 
 32. Falsely pretending to be United States officer. 
 
 33. False personation of holder of public stock. 
 
 34. False demand on fraudulent power of attorney. 
 
 35. Making or presenting false claims. 
 
 36. Embezzling arms, stores, etc. 
 
 37. Conspiracy to commit offense against the United States; all 
 
 parties liable for acts of one. 
 
 38. Delaying or defrauding captor or claimant, etc., of prize prop- 
 
 erty. 
 
 39. Bribery of United States officer. 
 
 40. Unlawfully taking or using papers relating to claims. 
 
 41 Persons interested not to act as agents of the Government. 
 
 42. Enticing desertions from the military or naval service. 
 
 43. Enticing away workmen. 
 
 44. Injuries to fortfications, harbor defenses, etc. 
 
 45. Unlawfully entering upon military reservation, fort, etc. 
 
 46. Robbery or larceny of person property of the United Stats. 
 
 47. Embezzling, stealing, etc., public property. 
 
 48. Receivers, etc., of stolen public property. 
 
 49. Timber depredations on public lands. 
 
 50. Timber, etc., depredations on Indian and other reservations. 
 
 51. Boxing, etc., timber on public lands for turpentine, etc. 
 
 52. Setting fire to timber on public lands. 
 
 53. Failing to extinguish fires. 
 
 54. Fines to be paid into school funds. 
 
 55. Trespassing on Bull Run National Forest, Oregon. 
 
 56. Breaking fence or gate inclosing reserved lands, or driving 
 
 or permitting live stock to enter upon. 
 
 57. Injuring or removing posts or momuments. 
 
 58. Interrupting surveys. 
 
 59. Agreement to prevent bids at sale of lands. 
 
 60. Injuries to United States telegraph, etc., lines. 
 
 61. Counterfeiting weather forecast. 
 
 62. Interfering with employees of Bureau of Animal Industry. 
 
 63. Forgery of certificate of entry. 
 
 64. Concealment or destruction of invoices, etc. 
 
 (767)
 
 768 Federal Criminal Law Procedure. 
 
 65. Resisting revenue officer; rescuing or destroying seized prop- 
 
 erty, etc. 
 
 66. Falsely assuming to be a revenue officer. 
 
 67. Offering presents to revenue officer. 
 
 68. Admitting merchandise to entry for less than legal duty. 
 
 69. Securing entry of merchandise by false samples, etc. 
 
 70. False certification by consular officer. 
 
 71. Taking seized property from custody of revenue officer. 
 
 72. Forging or altering ship's papers or custom-house documents. 
 
 73. Forging military bounty-land warrants, etc. 
 
 74. Forging, etc., certificate of citizenship. 
 
 75. Engraving, etc., plate for printing, or photographing, selling, 
 
 or bringing into United States, etc., certificate of citizenship. 
 
 76. False personation, etc., in procuring naturalization. 
 
 77. Using false certificate of citizenship, or denying citizenship, 
 
 etc. 
 
 78. Using false certificate, etc., as evidence of right to vote, etc. 
 
 79. Falsely claiming citizenship. 
 
 80. Taking false oath in naturalization proceedings. 
 
 81. Provisions applicable to all courts of naturalization. 
 
 82. Shanghaiing and falsely inducing person intoxicated to go on 
 
 vessel prohibited. 
 
 83. Corporations, etc., not to contribute money for political elec- 
 
 tions, etc. 
 
 84. Hunting birds or taking their eggs from breeding grounds, 
 
 prohibited. 
 
 § 27. Forgery of letters patent.— Whoever shall false- 
 ly make forge, counterfeit, or alter any letters patent 
 granted or purported to have been granted by the Presi- 
 dent of the United States; or whoever shall pass, utter, 
 or publish, or attempt to pass, utter, or publish as gen- 
 uine, any such forged, counterfeited, or falsely altered 
 letters patent, knowing the same to be forged, counter- 
 feited, or falsely altered, shall be fined not more than five 
 thousand dollars and imprisoned not more than ten 
 years. (R. S., s. 5416.) 
 
 U. S. v. Irwin, 5 McLean, 178, 26 
 Fed. Cas., 544. 
 
 § 28. Forging bond, bid, public record, etc. — Who- 
 ever shall falsely make, alter, forge, or counterfeit, or 
 cause or procure to be falsely made, altered, forged, or 
 counterfeited, or willingly aid, or assist in the false mak- 
 ing, altering, forging, or counterfeiting, any bond, bid, 
 proposal, contract, guarantee, security, official bond, pub-
 
 Offenses Against the Operation of Government. 769 
 
 lie record, affidavit, or other writing for the purpose of 
 defrauding the United States; or shall utter or publish 
 as true, or cause to be uttered or published as true, or 
 have in his possession with the intent to utter or pub- 
 lish as true, any such false, forged, altered or counter- 
 feited bond, bid, proposal, contract, guarantee, security, 
 official bond, public record, affidavit or other writing, for 
 the purpose of defrauding the United States; knowing the 
 same to be false, forged, altered, or counterfeited; or 
 shall transmit to, or present, at, or cause or procure to 
 be transmitted to, or presented at, the office of any offi- 
 cer of the United States, any such false, forged, altered, 
 or couterfeited bond, bid, proposal, contract, guarantee, 
 security, official bond, public record, affidavit, or other 
 writing, knowing the same to be false, forged, altered or 
 counterfeited, for the purpose of defrauding the United 
 States, shall be fined not more than one thousand dol- 
 lars, or imprisoned not more than ten years, or both. (R. 
 S., ss. 5418, 5479.) 
 
 U. S. v. Hall, 131 U. S., 50; Cross Lehman, 39 Fed. Rep., 768; U. S. v. 
 
 v. North Carolina, 132 U. S., 131; U. Albert, 45 Fed. Rep. 552; U. S. v. 
 
 S. v. Barney, 5 Blatch., 294, 24 Fed. Van Leuven, 62 Fed. Rep.. 69: Staton 
 
 Cas., 1011; U. S. v. Lawrence, 13 v. U. S., 88 Fed. Rep., 253; U. S. v. 
 
 Blatch., 211, 26 Fed. Cas., 878; U. S. Bunting, 82 Fed. Rep., 883; U. S. v. 
 
 v. Wentworth, 11 Fed. Rep., 52; U. S. McKinley, 127 Fed. Rep., 166. 168; 
 
 v. Houghton, 14 Fed. Rep., 544; U. Neff v. U. S., 165 Fed. Rep., 274; U. 
 
 S. v. Tod, 25 Fed. Rep., 815; U. S. v. S. v. Cameron, 13 N. W. Rep., 561; 
 
 Barnhart, 33 Fed. Rep., 459; U. S. v. State v. White, 71 S. W. Rep., 715; 
 
 Crecilius, 34 Fed. Rep., 30; U. S. v. 19 A. G. Op., 649. 
 Gowdy, 37 Fed. Rep. 332; U. S. v. 
 
 § 29. Forging deeds, powers of attorney, etc. — Who- 
 ever shall falsely make, alter, forge, or counterfeit, or 
 cause or procure to be falsely made, altered, forged, or 
 counterfeited, or willingly aid or assist in the false mak- 
 ing, altering, forging, or counterfeiting, any deed, power 
 of attorney, order, certificate, receipt, contract, or other 
 writing, for the purpose of obaining or receiving, or of 
 enabling any other person, either directly or indirectly, 
 to obtain or receive from the United States, or any of 
 their officers or agents, any sum of money; or whoever 
 shall utter or publish as true, or cause to be uttered or 
 published as true, any such false, forged, altered, or 
 counterfeited deed, power of attorney, order, certificate, 
 receipt, contract, or other writing, with intent to defraud 
 the United States knowing the same to be false altered, 
 forged, or counterfeited; or whoever shall transmit to, 
 
 49
 
 770 Federal Criminal Law Procedure. 
 
 or present at, or cause or procure to be transmitted to, 
 or presented at, any office or officer of the Government 
 of the United States, any deed, power of attorney, order, 
 certificate, receipt, contract, or other writing, in support 
 of, or in relation to, any account or claim, with intent to 
 defraud the United States, knowing the same to be false, 
 altered, forged, or counterfeited, shall be fined not more 
 than one thousand dollars and imprisoned not more than 
 ten years. (R. S., s. 5421.) 
 
 U. S. v. Staats, 8 How., 41; U. S. v. Rep., 490; U. S. v. Kuentsler, 74 Fed. 
 
 Barney, 5 Blatch., 294, 24 Fed. Cas., Rep., 220; U. S. v. Hansee, 79 Fed. 
 
 1011; U. S. v. Bickford, 4 Blatch., 337, Rep., 303; U. S. v. Glaesener, 81' Fed. 
 
 24 Fed. Cas., 1144; U. S. v. Kohn- Rep., 566; Staton v. U. S., 88 Fed. 
 
 stamm, 5 Blatch., 222, 26 Fed. Cas., Rep., 253; De Lemos v. U. S., 91 
 
 SI 3; U. S. v. Reese, 4 Sawver, 629, 27 Fed. Rep., 497; Kellog v. U. S., 103 
 
 Fed. Cas., 746; U. S. v. Corbin. 11 Fed. Fed. Rep., 200; U. S. v. Fout, 123 Fed. 
 
 Rep., 238; U. S. v. Albert, 45 Fed. Rep., 625; U. S. v. Swan, 131 Fed. 
 
 R f p., 552; U. S. v. Moore, 60 Fed. Rep., 140; Sena v. U. S.. 147 Fed. 
 
 Rep., 738; U. S. v. Kessel, 62 Fed. Rep., 485; U. S. v. Spaulding, 13 N. 
 
 Rep., 59; U. S. v. Hartman, 65 Fed. \Y. Rep., 357. 
 
 § 30. Having forged papers in possession. — Whoever, 
 knowingly and with intent to defraud the United States, 
 shall have in his possession any false, altered, forged, 
 or counterfeited deed, power of attorney, order, certifi- 
 cate, receipt, contract, or other writing, for the purpose 
 of enabling another to obtain from the United States, or 
 from any officer or agent thereof, any sum of money, 
 shall be fined not more than five hundred dollars, or im- 
 prisoned not more than five vears, or both. (R. S., s. 
 5422.) 
 
 § 31. False acknowledgments. — Whoever, being an 
 officer authorized to administer oaths or to take and cer- 
 tify acknowledgments shall knowingly make any false ac- 
 knowledgment, certificate, or statement concerning the 
 appearance before him or the taking of an oath or affirma- 
 tion by any person with respect to any proposal, con- 
 tract, bond, undertaking, or other matter, submitted to, 
 made with, or taken on behalf of, the United States, and 
 concerning which an oath or affirmation is required by 
 law or regulation made in pursuance of law, or with re- 
 spect to the financial standing of any principal, surety, 
 or other party to any such proposal, contract, bond, un- 
 dertaking, or other instrument, shall be fined not more 
 than two thousand dollars, or imprisoned not more than 
 two years, or both.
 
 Offenses Against the Operation of Government. 771 
 
 § 32. Falsely pretending to be United States officer. 
 — Whoever, with intent to defraud either the United 
 States or any person, shall falsely assume or pretend to 
 be an officer or employee acting under the authority of 
 the United States, or any department, or any officer of 
 the Government thereof, and shall take upon himself to 
 act as such, or shall in such pretended character demand 
 or obtain from any person or from the United States, or 
 any department, or any officer of the Government there- 
 of, any money, paper, document, or other valuable thing, 
 shall be fined not more than one thousand dollars, or im- 
 prisoned not more than three years, or both. (R. S., s. 
 5448. 18 Apr., 1884, 23 Stat. L. 11, c. 26; 1 Supp., 425.) 
 
 U. S. v. Curtain, 43 Fed. Rep., 433: U. S. v. Ballard, 118 Fed. Rep., 757; 
 U. S. v. Bradford, 53 Fed. Rep., 542; U. S. v. Farnham, 127 Fed. Rep., 478; 
 U. S. v. Taylor, 108 Fed. Rep., 621; Uttel v. U. S., 169 Fed. Rep., 620. 
 
 § 33. False personation of holder of public stocks. — 
 Whoever shall falsely personate any true and lawful 
 holder of any share or sum in the public stocks or debt 
 of the United States, or any person entitled to any an- 
 nuity, dividend', pension, prize money, wages, or other 
 debt due from the United States, and, under color of 
 such false personation, shall transfer or endeavor to 
 transfer such public stock or any part thereof, or shall 
 receive or endeavor to receive the money of such true 
 and lawful holder thereof, or the money of any person 
 really entitled to receive such annuity, dividend, pen- 
 sion, prize money, wages, or other debt, shall be fined 
 not more than five thousand dollars and imprisoned not 
 more than ten years. (R. S. s. 5435.) 
 
 § 34. False demand or fraudulent power of attorney. 
 — Whoever shall knowingly or fraudulently demand or 
 endeavor to obtain any share or sum in the public stocks 
 of the United States, or to have any part thereof trans- 
 ferred, assigned, sold, or conveyed, or to have any an- 
 nuity, dividend, pension, prize money, wages, or other 
 debt due from the United States, or any part thereof, 
 received, or paid by virtue of any false, forged, or coun- 
 terfeited power of attorney, authority, or instrument, shall 
 be fined not more than five thousand dollars and imprison- 
 ed not more than ten years. (R, S., s. 5436.) 
 
 U. S. v. Logan, 105 Fed. Rep., 240,
 
 772 Federal, Criminal Law Procedure. 
 
 § 35. Making or presenting false claims. — Whoever 
 shall make or cause to be made, or present or cause 
 to be presented, for payment or approval, to or by any 
 person or officer in the civil, military, or naval service 
 of the United States, any claim upon or against the 
 Government of the United States, or any department or 
 officer thereof, knowing such claim to be false, ficti- 
 tious, or fraudulent; or whoever, for the purpose of ob- 
 taining or aiding to obtain the payment or approval of 
 such claim, shall make or use, or cause to be made or 
 used, any false bill, receipt, voucher, roll, account, claim, 
 certificate, affidavit, or deposition, knowing the same to 
 contain any fraudulent or fictitious statement or entry; 
 or whoever shall enter into any agreement, combination, 
 or conspiracy to defraud the Government of the United 
 States, or any department or officer thereof by obtaining 
 or aiding to obtain the payment or. allowance of 
 any false or fraudulent claim; or whoever, having 
 charge, possession, custody, or control of any money or 
 other public property used or to be used in the military 
 or naval service, with intent to defraud the United States 
 or willfully to conceal such money or other property, 
 shall deliver or cause to be delivered, to any other person 
 having authority to receive the same, any amount of 
 such money or other property less than that for which he 
 received a certificate or took a receipt; or whoever, being 
 authorized to make or deliver any certificate, voucher, 
 receipt, or other paper certifying the receipt of arms, 
 ammunition, provisions, clothing, or other property so 
 used or to be used, shall make or deliver the same to any 
 other person without a full knowledge of the truth of 
 the facts stated therein, and with intent to defraud the 
 United States, shall be fined not more than five thousand 
 dollars, or imprisoned not more than five years, or both. 
 And whoever shall knowingly purchase or receive in 
 pledge for any obligation or indebtedness from any 
 soldier, officer, sailor, or other person called into or em- 
 ployed in the military or naval service, any arms, equip- 
 ments, ammunition, clothes military stores, or other 
 public property, whether furnished to the soldier, sail- 
 or officer, or person, under a clothing allowance or other-
 
 Offenses Against the Operation of Government. 773 
 
 wise, such soldier, sailor, officer, or other person not 
 having the lawful right to pledge or sell the same, shall 
 be fined not more than five hundred dollars, and im- 
 prisoned not more than two years. (R. S., s. 5438. 30 
 May, 1908, 35 Stat. L., 555, c. 235.) 
 
 U. S. v. Perrin, 131 U. S., 55; In 
 re I,uis Oteiza v. Cortes, 136 U. S., 
 330; Ingraham v. U. S. 155 U. S., 434, 
 49 Fed. Rep., 155; Lalone v. U. S., 
 164 U. S., 255; Edington v. U. S., 164 
 U. S., 361; Ex parte Shaffenburg, 4 
 Dillon, 271, 21 Fed. Cas., 1144; U. 
 S. v. Bittinger, 21 Int. Rev. Rec.. 342, 
 24 Fed. Cas., 1150; U. S. v. Wright, 
 2 Cranch C. C, 296, 28 Fed. Cas. 790; 
 U. S. v. Ambrose, 2 Fed. Rep., 764; 
 U. S. v. Coggin, 3 Fed. Rep., 492; U. 
 S. v. Murphy, 9 Fed. Rep., 27; U. S. 
 v. Wentworth, 11 Fed. Rep., 52; U. S. 
 v. Corbin. 11 Fed. Rep., 238; U. S. 
 v. Griswold, 11 Fed. Rep., 807; U. S. 
 v. Hull, 14 Fed. Rep., 324; U. S. v. 
 Houghton, 14 Fed. Rep., 544; U. S. v. 
 Miskell, 15 Fed. Rep., 369; U. S. v. 
 Daubner, 17 Fed. Rep., 793; U. S. v. 
 Russell, 19 Fed. Rep., 591; U. S. v. 
 Griswold, 24 Fed. Rep., 361; U. S. v. 
 Frisbie, 28 Fed. Rep., 808; U. S. v. 
 Rhodes, 30 Fed. Rep., 431; U. S. v. 
 
 Griswold 30 Fed. Rep., 604; U. S. v. 
 Griswold, 30 Fed. Rep., 762; U. S. v. 
 Reichert, 32 Fed. Rep., 142; U. S. 
 v. Jones, 32 Fed. Rep., 482; U. S. v. 
 Route, 33 Fed. Rep., 246; U. S. v. 
 Gowdy, 37 Fed. Rep., 332; U. S. v. 
 Wallace, 40 Fed. Rep., 144; U. S. v. 
 Newton, 48 Fed. Rep., 218; U. S. v. 
 Strobach, 48 Fed. Rep., 902; U. S. 
 v. Adler, 49 Fed. Rep., 733; U. S. v. 
 Van Eeuven, 62 Fed. Rep., 62; U. S. 
 v. Hartman, 65 Fed. Rep., 490; Rhodes 
 v. U. S., 79 Fed. Rep., 740; Dimmick 
 v. U. S., 116 Fed. Rep., 825; U. S. v. 
 Lair, 118 Fed. Rep., 98; Pooler v. G. 
 S., 127 Fed. Rep., 509; Bridgeman v. 
 U. S., 140 Fed. Rep., 577; U. S. v. 
 Hart, 146 Fed. Rep., 202; U. S. v. 
 Michael, 153 Fed. Rep., 609; Greene 
 v. U. S., 154 Fed. Rep., 401; U. S. 
 v. Koplik, 155 Fed. Rep., 919; U. S. 
 v. Smith, 156 Fed. Rep., 859; In re 
 Peraltareavis, 41 Pac. Rep., 538; 18 A. 
 G. Op., 72. 
 
 § 36. Embezzling arms, stores, etc. — Whoever shall 
 seal, embezzel, or knowingly apply to his own use, or 
 unlawfully sell, convey, or dispose of, any ordinance, 
 arms, ammunition, clothing, subsistence, stores, money, 
 or other property of the United States, furnished or to 
 be used for the military or naval service, shall be punish- 
 ed as prescribed in the preceding section. (R. S., s. 5439.) 
 
 Johnson v. Sayre, 158 U. S., 109; U. 1184; U. S. v. Murphy, 9 Fed. Rep., 
 S. v. Bogart, 3 Ben., 257, 24 Fed. Cas., 26. 
 
 § 37. Conspiracy to commit offense against the United 
 States; all liable for acts of one. — If two or more persons 
 conspire either to commit any offense against the United 
 States, or to defraud the United States in any manner 
 or for any purpose, and one or more of such parties do 
 any act to effect the object of the conspiracy, each of the 
 parties to such conspiracy shall be fined not more than 
 ten thousand dollars, or imprisoned not more than two 
 years, or both. (R. S., s. 5440. 17 May, 1879, 21 Stat. L., 
 4, c. 8; 1 Supp., 264.) 
 
 y 
 
 Ex parte Carstendick, 93 U. S., 396; 
 U. S. v. Hirsch, 100 U. S., 33; U. S. v. 
 Chouteau, 102 U. S. 603; U. S. v. Brit- 
 ton, 108 U. S., 192; Mackin v. U. S., 
 117 U. S., 348; U. S. v. Hess, 124 U. 
 S., 483; Re Coy, 31 Fed. Rep., 794, 127 
 U. S., 731; U. S. v. Perrin, 131 U. S.. 
 
 U. S., 148 U. S., 197; Ex parte Eenon 
 150 U. S., 393; Dealy v. U. S., 152 U. 
 S., 539; Vannon v. U. S., 156 U. S., 464; 
 Stokes v. U. S., 157 U. S., 187; Clune v. 
 U. S., 159 U. S., 590; France v. U. S., 
 164 U. S., 676; Williamson v. U. S., 207 
 U. S., 425; U. S. v. Keitel, 211 U. S. 
 
 55; U. S. v. Barber, 140 U. S., 177, U. 370; U. S. v. Biggs, 211 U. S., 507; 
 S. v. Logan, 144 U. S., 263, Pettibone v. Crawford v. U. S., 212 U. S., 183; Re
 
 774 
 
 Federal Criminal Law Procedure. 
 
 Callicot, 8 Int. Rev. Rec, 169, 4 Fed. 
 Cas., 1075; U. S., v. Bayer, 4 Dillon, 407,. 
 24 Fed. Cas. 1046; U. S. v. Boyden, 1 
 Lowell, 266, 24 Fed. Cas., 1213; U. S. 
 v. Crafton, 4 Dillon, 145, 25 Fed. Cas., 
 681, U. S. v. DeGrieff, 16 Blatch., 20, 25 
 Fed. Cas., 799; U. S. v. Denee, 3 Woods, 
 47, 25 Fed. Cas., 818; U. S. v. Donau, 
 11 Blatch, 168, 25 Fed. Cas., 890; U. S. 
 v. Goldberg, 7 Biss., 175, 25 Fed. Cas., 
 1342; U. S. v. Hammond, 2 Woods, 197, 
 26 Fed. Cas., 99; U. S. v. McDonald, 3 
 Dillon, 543, 26 Fed. Cas., 1085; U. S. v. 
 McKee, 4 Dillon, 128, 26 Fed. Cas., -1116; 
 U. S. v. Martin, 4 Cliff, 156, 26 Fed. 
 Cas., 1175; U. S. v. Bindskopf, 6 Biss, 
 259, 27 Fed. Cas., 813; U. S. v. Nunne- 
 macher, 7 Biss., Ill, 27 Fed. Cas., 197; 
 U. S. v. Smith, 2 Bond, 323, 27 Fed. Cas.. 
 1144; U. S. v. Stevens, 2 Haskell, 164, 21 
 Fed. Cas., 1312; U. S. v. Walsh, 5 Dillon, 
 58, 28 Fed. Cas., 394; U. S. v. Sacia, 2 
 Fed. Rep., 754; Mussel Slough case, 5 
 Fed. Rep., 680; U. S. v. Sanche, 7 Fed. 
 Rep., 715; U. S. v. Burgess, 9 Fed. Rep., 
 896; U. S. v. Watson, 17 Fed. Rep.. 145; 
 U. S. v. Gordon, 22 Fed. Rep., 250; U. S. 
 v. Payne, 22 Fed. Rep., 426; U. S. v. 
 Kane, 23 Fed. Rep., 748; U. S. v. John- 
 son, 26 Fed. Rep., 682: Re Wolf, 27 Fed. 
 Rep., 606; U. S. v. Frisbie, 28 Fed. Rep., 
 808; U. S. v. Thompson, 29 Fed. Rep., 86; 
 U. S. v. Wooten, 29 Fed. Rep.. 702; U. 
 S. v. Thompson, 31 Fed. Rep., 331; U. S. 
 v. Reichert, 32 Fed. Rep., 142; U. S. v. 
 Owen, 32 Fed. Rep., 534; U. S. v. Jo- 
 hannesen. 35 Fed. Rep., 411; U. S. v. 
 Milner, 36 Fed. Rep., 890; U. S. v. Smith, 
 40 Fed. Rep., 755; U. S. v. Stevens, 44 
 Fed. Rep., 132; U. S. v. Gardner, 42 
 Fed. Rep., 829; U. S. v. Lancaster, 44 
 Fed. Rep., 896; Re Newton, 48 Fed. Rep., 
 218; U. S. v. Adler, 49 Fed. Rep., 736; 
 U. S. v. Newton, 52 Fed. Rep., 275; 
 Toledo, &c, R. Co., v. Penn. Co., 54 Fed. 
 Rep., 730; Waterhouse v. Conner, 55 Fed. 
 Rep., 150; U. S. v. Howell, 56 Fed. Rep., 
 21; In re Benson, 58 Fed. Rep., 962: U. 
 S. v. Wilson, 60 Fed. Rep., 890; U. S. v. 
 Van Leuven, 62 Fed. Rep., 62: Thomas 
 v. Ry. Co., 62 Fed. Rep., 803; Re Phelan, 
 62 Fed. Rep., 803; Charge to Grand Jury. 
 62 Fed. Rep., 828, 840; U. S. v. Debs. 63 
 Fed. Rep.. 436; U. S. v. Barrett, 65 Fed. 
 Rep., 62; U. S. v. Cassidv, 67 Fed. Rep.. 
 698; U. S. v. Benson, 70 Fed. Rep.. 591; 
 U. S. v. McCord, 72 Fed. Rep., 159; U. 
 
 S. v. Bunting, 82 Fed. Rep., 883; U. S. v. 
 Taffe, 86 Fed. Rep., 113; Berkowitz v. 
 U. S., 93 Fed. Rep., 452; U. S. v. 
 Sweeney, 95 Fed. Rep., 434; Reilley v. 
 U. S. 106 Fed. Rep., 896; Gantt v. U. S., 
 108, Fed. Rep., 61; Wright v. U. S. 108 
 Fed. Rep., 805; U. S. v. Greene, 113 Fed. 
 Rep. 683; 115 Fed. Rep., 343; McKnight 
 v. U. S., 115 Fed. Rep., 972; U. S. v. 
 Teuschel, 116 Fed. Rep., 642; U. S. v. 
 Clark, 121 Fed. Rep., 190; U. S. v. Cur- 
 ley, 122 Fed. Rep., 316; U. S. v. Marx, 
 122 Fed. Rep., 964; U. S. v. McKinley, 
 126 Fed. Rep., 242; U. S. v. Dietrich, 
 
 126 Fed. Rep., 664; Lehman v. U. S.. 
 
 127 Fed. Rep., 42; Conrad v. U. S., 127 
 Fed. Rep., 798; Radford v. U. S., 129 
 Fed. Rep., 49; Curley v. U. S., 130 Fed. 
 Rep., 1; Scott v. U. S., 130 Fed. Rep., 
 429; U. S. v. Grunberg, 131 Fed. Rep.. 
 137; U. S. v. Radford, 131 Fed. Rep., 
 378; U. S. v. Hyde, 132 Fed. Rep.. 545; 
 Olson v. U. S., 133 Fed. Rep.. 849; 
 M'Gregor v. U. S., 134 Fed. Rep., 187; 
 U. S. v. Stone, 135 Fed. Rep., 392; U. S. 
 v. Scott, 139 Fed. Rep., 697; U. S. v. 
 Mitchell, 141 Fed. Rep., 666; U. S. v. 
 Cohn, 142 Fed. Rep., 983; Wilder v. U. 
 S.. 143 Fed. Rep., 433; U. S. v. Thomas. 
 145 Fed. Rep., 74; Grumberg v. U. S., 
 145 Fed. Rep., 81; U. S. v. Greene, 146 
 Fed. Rep., 803; Robens v. U. S. 146 Fed. 
 Rep., 978; U. S. v. Bradford, 148 Fed. 
 Rep., 413; U. S. v. Brace, 149 Fed. Rep., 
 874; U. S. v. Richards, 149 Fed. Rep., 
 443; U. S. v. Burkett, 150 Fed. Rep., 
 208; Bradford v. U. S., 152 Fed. Rep., 
 617; Stearns v. U. S., 152 U. S., 900; 
 U. S. v. Peeke, 153 Fed. Rep., 166; 
 Greene v. U. S.. 154 Fed. Rep., 401; 
 Ware v. U. S., 154 Fed. Rep., 577; 
 Thomas v. U. S., 156 Fed. Rep., 897; 
 U. S. v. Biggs, 157 Fed. Rep., 264; U. S. 
 v. Keitel, 157 Fed. Rep., 396; \J. S. v. 
 Robbins, 157 Fed. Rep.. 999; Tohnson v. 
 U. S., 158 Fed. Rep., 69; U. S. v. Lona- 
 baugh, 158 Fed. Rep., 314; U. S. v. 
 Black, 160 Fed. Rep., 431; U. S. v. Corn- 
 stock, 162 Fed. Rep., 415: Jones v. U. S.. 
 162 Fed. Rep., 417; U. S. v. Wells, 163 
 Fed. Rep., 313: U. S. v. Haas, 163 Fed. 
 Rep., 908; U. S. v. Clark, 164 Fed. Rep., 
 75; U. S. v. Grodson. 164 Fed. Rep.. 157; 
 LT. S. v. Stamatonoulos. 164 Fed. Rep., 
 524: Scott v. U. S., 165 Fed. Rep., 172; 
 14 A. G. Op., 43. 
 
 § 38. Delaying or defrauding captor or claimant, etc., 
 of prize property. — Whoever shall willfully do, or aid 
 or advise in the doing, of any act relating to the bring- 
 ing in, custody, preservation, sale, or other disposition 
 of any property captured as prize, or relating to and docu- 
 ments or papers connected with the property, or to any 
 deposition or other document or paper connected with 
 the proceedings, with intent to defraud, delay, or injure 
 the United States or any captor or claimant of such prop- 
 erty, shall be fined not more than ten thousand dollars, 
 or imprisoned not more than five years, or both. (R. 
 S., s. 5441.)
 
 Offenses Against the Operation of Goveenment. 775 
 
 § 39. Bribery of United States officer. — Whoever 
 shall promise, offer, or give, or cause or procure to be 
 promised, offered, or given, any money or other thing 
 of value, or shall make or tender any contract, under- 
 taking, obligation, gratuity, or security for the payment 
 of money, or for the delivery or conveyance of anything 
 of value, to any officer of the United States, or to any 
 person acting for or on behalf of the United States in 
 any official function, under or by authority of any de- 
 partment or office of the Government thereof, or to any 
 officer or person acting for or on behalf of either House 
 of Congress, or of any committee of either House, or 
 both Houses thereof, with intent to influence his decision 
 or action on any question, matter, cause, or proceeding 
 which may at any time be pending, or which may by 
 law be brought before him in his official capacity, or in 
 his place of trust or profit, or with intent to influence 
 liim to commit or aid in committing, or to collude in, 
 or allow, any fraud, or make opportunity for the com- 
 mission of any fraud, on the United States, or to induce 
 him to do or omit to do any act in violation of his law- 
 ful duty, shall be fined not more than three times the 
 amount of money or value of the thing so offered, pro- 
 mised, given, made, or tendered, or caused or procured 
 to be so offered, promised, given, made, or tendered, and 
 imprisoned not more than three years. (E. S., s. 5451.) 
 
 Rep., 145; U. S. v. Boyer, 85 Fed. Rep.. 
 425; U. S. v. Ingham, 97 Fed. Rep., 935; 
 U. S. v. Green, 136 Fed. Rep.. 618; 
 Vernon v. U. S., 146 Fed. Rep., 121. 
 
 U. S. v. Worrall, 2 Dall., 388; In re 
 Paliser, 136 U. S., 257; U. S. v. Gibson, 
 47 Fed. Rep., 833; U. S. v. Kissel, 62 
 Fed. Rep., 57; U. S. v. Van Leuven, 62 
 Fed. Rep., 62; In re Yee Gee, 83 Fed. 
 
 § 40. Unlawfully taking or using papers relating to 
 claims. — Whoever shall take and carry away, without 
 authority from the United States, from the place where 
 it has been filed, lodged, or deposited, or where it may 
 for the time being actually be kept by authority of the 
 United States, any certificate, affidavit, deposition, written 
 statement of facts, power of attorney, receipt, voucher, 
 assignment, or other document, record, file, or paper, 
 prepared, fitted, or intended to be used or presented in 
 order to procure the payment of money from or by the 
 United States, or any officer or agent thereof, or the allow- 
 ance or payment of the whole or any part of any claim,
 
 776 Federal Criminal Law Procedure. 
 
 account, or demand against the United States, whether 
 the same has or has not already been so used or present- 
 ed, and whether such claim, account, or demand, or any 
 part thereof, has or has not already been allowed or 
 paid; or whoever shall present, use, or attempt to use, 
 any such document, record, file, or paper so taken and 
 carried away, in order to procure the payment of any 
 money from or by the United States, or any officer or 
 agent thereof, or the allowance or payment of the whole 
 or any part of any claim, account, or demand against the 
 United States, shall be fined not more than five thousand 
 dollars, or imprisoned not more than ten years, or both. 
 (E. S., s. 5454.) 
 
 § 41. Persons interested not to act as agents of the 
 Government. — No officer or agent of any corporation, 
 joint stock company, or association, and no member or 
 agent of any firm, or person directly or indirectly inter- 
 ested in the pecuniary profits or contracts of such cor- 
 poration, joint stock company, association, or firm, shall 
 be employed or shall act as an officer or agent of the 
 United States for the transaction of business with such 
 corporation, joint stock company, association, or firm. 
 Whoever shall violate the provision of this section shall 
 be fined not more than two thousand dollars and im- 
 prisoned not more than two years. (R. S., s. 1783.) 
 
 § 42. Enticing desertions from the military or naval 
 service. — Whoever shall entice or procure, or attempt 
 or endeavor to entice or procure, any soldier in the mili- 
 tary service, or any seaman or other person in the naval 
 service of the United States, or who has been recruited 
 for such service, to desert therefrom, or shall aid any 
 such soldier, seaman, or other person in deserting or in 
 attempting to desert from such service; or whoever shall 
 harbor, conceal, protect, or assist any such soldier, sea- 
 man, or other person who may have deserted from such 
 service, knowing him to have deserted therefrom, or 
 shall refuse to give up and deliver such soldier, seaman, 
 or other person on the demand of any officer authorized 
 to receive him, shall be imprisoned not more than three
 
 Offenses Against the Operation of Government. 777 
 
 years and lined not more than two thousand dollars. (R. 
 S., ss. 1553, 5455. 27 Feb., 1877, 19 Stat. L., 253, c. 69.) 
 
 Kurtz v. Moffitt, IIS U. S. 487; U. 
 S. v. Clark, 25 Fed. Cas., 452. 
 
 § 43. Enticing away workmen. — Whoever shall pro- 
 cure or entice any artificer or workman retained or em- 
 ployed in any arsenal or armory, to depart from the same 
 during the continuance of his engagement, or to avoid 
 or break his contract with the United States; or who- 
 ever, after due notice of the engagement of such work- 
 man or artificer, during the continuance of such engage- 
 ment, shall retain, hire, or in anywise employ, harbor, 
 or conceal such artificer or workman, shall be fined not 
 more than fifty dollars, or imprisoned not more than three 
 months, or both. (R. S., s. 1668.) 
 
 § 44 Injuries to fortifications, harbor defenses, etc. 
 — Whoever shall willfully trespass upon, injure, or des- 
 troy any of the works or property or material of any 
 submarine mine or torpedo, or fortification or harbor- 
 defense system owned or constructed or in process of 
 construction by the United States, or shall willfully inter- 
 fere with the operation or use of any such submarine 
 mine, torpedo, fortification, or harbor-defense system, 
 shall be fined not more than five thousand dollars, or im- 
 prisoned not more than five years, or both. (7 July, 
 1898, 30 Stat. L., 717, c. 576, s. 1; 2 Supp. 885.) 
 
 § 45. Unlawfully entering upon military reservation, 
 fort, etc. — Whoever shall go upon any military reserva- 
 tion, army post, fort, or arsenal, for any purpose pro- 
 hibited by law or military regulation made in pursuance 
 of law, or whoever shall reenter or ue found within any 
 such reservation, post, fort, or arsenal, after having been 
 removed therefrom or ordered not to reenter by any of- 
 ficer or person in command or charge thereof, shall be 
 fined not more than five hundred dollars, or imprisoned 
 not more than six months, or both. 
 
 § 46. Robbery or larceny of personal property of the 
 United States. — Whoever shall rob another of any kind 
 or description of personal property belonging to the 
 United States, or shall feloniously take and carry away 
 the same, shall be fined not more than five thousand dol-
 
 778 Federal Criminal Law Procedure. 
 
 lars, or imprisoned not more than ten years, or both. (R. 
 S., s. 5456.) 
 
 Jolly v. U. S., 170 U. S., 402; U. S. 
 v. Jones, 69 Fed. Rep., 973; Keller v. 
 U. S., 168 Fed. Rep., 697. 
 
 §. 47. Embezzling, stealing, etc., public property. — 
 Whoever shall embezzle, steal, or purloin any money, 
 property, record, voucher, or valuable thing whatever, 
 of the moneys, goods, chattels, records, or property of the 
 United States, shall be fined not more than five thousand 
 dollars, or imprisoned not more than five years or both. 
 (3 Mar., 1875, 18 Stat. L., 479, c. 144, s. 1; 1 Supp., 88.) 
 
 Moore v. U. S., 160 U. S., 268; Faust 764; U. S. v. Borneman, 26 Fed. Rep., 
 
 v. U. S., 163 U. S. 452; U. S. v. Gil- 257; U. S. v. Jones, 69 Fed. Rep., 973; 
 
 bert, 17 Int. Rev. Rec., 54, 25 Fed. Cas., Dimmick v. U. S., 135 Fed. Rep., 25/. 
 1318; U. S. v. DeGroat, 30 Fed. Rep., 
 
 § 48. Receivers, etc., of stolen public property. — Who- 
 ever shall receive, conceal, or aid in concealing, or shall 
 have or retain in his possession with intent to convert 
 to his own use or gain, any money, property, record, 
 voucher, or valuable thing whatever, of the moneys, 
 goods, chattels, records, or property of the United States, 
 which has theretofore been embezzled, stolden, or pur- 
 loined by any other person, knowing the same to have 
 been so embezzled, stolen, or purloined, shall be fined not 
 more than five thousand dollars, or imprisoned not more 
 than five years or both; and such person may be tried 
 either before or after the conviction of the principal of- 
 fender. (3 Mar., 1875, 18 Stat. L., 479, c. 144, s. 2; 1 
 Supp., 88.) 
 
 Kerby v. U. S., 174 U. S., 47; U. S. 796; U. S. v. Montgomery, 3 Sawy., 544, 
 v. De Bare, 6 Biss, 358, 25 Fed. Cas., 26 Fed. Cas., 1296. 
 
 § 49. Timber depredations on public lands. — Who- 
 ever shall cut, or cause or procure to be cut, or shall 
 wantonly destroy, or cause to be wantonly destroyed, any 
 timber growing on the public lands of the United States; 
 or whoever shall remove, or cause to be removed, any 
 timber from said public lands, with intent to export or 
 to dispose of the same; or whoever, being the owner, 
 master, or consignee of any vessel, or the owner, director, 
 or agent of any railroad, shall knowingly transport any 
 timber so cut or removed from said lands, or lumber 
 manufactured therefrom, shall be fined not more than 
 one thousand dollars, or imprisoned not more than one
 
 Offenses Against the Operation of Government. 779 
 
 year, or both. Nothing in this section shall prevent any 
 miner or agriculturalist from clearing his land in the 
 ordinary working of his mining claim, or in the pre- 
 paration of his farm for tillage, or from taking the timber 
 necessary to support his improvements, or the taking of 
 timber for the use of the United States. And nothing 
 in this section shall interfere with or take away any 
 right or privilege under any existing law of the United 
 States to cut or remove timber from any public land. 
 (3 June, 1878, 20 Stat. L., 90, c. 151, s. 4; 1 Supp., 168. 
 4 Aug., 1892, 27 Stat. L., 348, c. 375, s. 2; 2 Supp., 65.) 
 
 Railroad Co. v. U. S., 40 Fed. Rep., 419; 
 U. S. v. Garretson, 42 Fed. Rep., 22; U. 
 S. v. Kankapot, 43 Fed. Rep., 64; U. S. 
 v. Reder, 69 Fed. Rep., 965; U. S. v. 
 Hacker, 73 Fed. Rep., 292; Pine River 
 L. Co., v. Improvement Co., 89 Fed. Rep., 
 907; Grubbs v. U. S., 105 Fed. Rep., 
 314; Bryant v. U. S., 105 Fed. Rep., 941; 
 Teller v. IT. S.. 113 Fed. Rep., 273; 
 Morgan v. U. S., 148 Fed. Rep., 189; 
 Nickell v. U. S., 167 Fed. Rep., 741; 
 Robnett v. U. S., 169 Fed. Rep., 778; 18 
 A. G. Op., 555. 
 
 Railroad Co. v. U. S., 149 U. S., 733 
 Stone v. U. S., 159 U. S., 491 
 U. S. v. Nelson, 27 Fed. Cas., 86 
 The Timber Cases, 11 Fed. Rep., 81 
 U. S. v. Smith, 11 Fed. Rep., 487; U 
 S. v. Stores, 14 Fed. Rep., 824; U. S 
 v. Yoder, 18 Fed. Rep., 372; U. S. v 
 Williams, 18 Fed. Rep., 475; U. S. v 
 Lane, 19 Fed. Rep., 910; U. S. v. Ben 
 jamin, 21 Fed. Rep., 285; U. S. v 
 T.eatherbury. 27 Fed. Rep., 606; 32 Fed 
 Rep., 780; U. S. v. Ball, 31 Fed. Rep. 
 667; U. S. v. Murphy, 32 Fed. Rep., 376 
 U. S. v. Edwards, 38 Fed. Rep., 812 
 
 § 50. Timber, etc., depredations on Indian and other 
 reservations. — Whoever shall unlawfully cut, or aid in 
 unlawfully cutting, or shall wantonly injure or destroy, 
 or procure to be wantonly injured or destroyed, any tree, 
 growing, standing, or being upon any land of the United 
 States which, in pursuance of law, has been reserved or 
 purchased by the United States for any public use, or 
 upon any Indian reservation or lands belonging to or 
 occupied by any tribe of Indians under the authority of 
 the United States, or any Indian allotment while the 
 title to the same shall be held in trust by the Government, 
 or while the same shall remain inalienable by the allottee 
 without the consent of the United States, shall be fined 
 not more than five hundred dollars, or imprisoned not 
 more than one year, or both. (R. S., s. 5388. 3 Mar., 1875, 
 18 Stat. L., 381, c. 451, s. 1; Supp., 91. 4 June, 1888, 25 
 'Stat. v. L., 166, c. 340; 1 Supp., 588. 25 June, 1910, 36 
 Stat. L., 857, c. 431, s. 6.) 
 
 § 51. Boxing, etc., timber on public lands for turpen- 
 tine, etc. — Whoever shall cut, chip, chop, or box any tree 
 upon any lands belonging to the United States, or upon 
 any lands covered by or embraced in any unperfected
 
 780 Federal Criminal Law Procedure. 
 
 settlement, application, filing, entry, selection, or loca- 
 tion, made under any law of the United States, for the 
 purpose of obtaining from such tree any pitch, turpen- 
 tine, or other substance, or shall knowingly encourage, 
 cause, procure, or aid in the cutting, chipping, chopping, 
 or boxing of any such tree, or shall buy, trade for, or in 
 any manner acquire any pitch, turpentine, or other sub- 
 stance, or any article or commodity made from any such 
 pitch turpentine, or other substance, when he has knowl- 
 edge that the same has been so unlawfully obtained from 
 such trees, shall be fined not more than five hundred 
 dollars, or imprisoned not more than one year, or both. 
 (4 June, 1906, 34 Stat. L., 208, c. 2571.) 
 
 § 52. Setting fire to timber on public lands. — Who- 
 ever shall wilfully set on fire, or cause to be set on fire, 
 any timber, underbrush, or grass upon the public do- 
 main, or shall leave or suffer fire to burn unattended 
 near any timber or other inflammable material, shall be 
 fined not more than five thousand dollars, or imprisoned 
 not more than two years, or both. ( 24 Feb., 1897, 29 
 Stat. L., 594, c. 313, s. 1; 2 Supp., 562, 5 Mav, 1900, 31 
 Stat. L., 169 c. 349; 2 Supp., 1163.) 
 
 § 53. Failing to extinguish fires. — Whoever shall build 
 a fire in or near any forest, timber, or other inflammable 
 material upon the public domain, or upon any Indian 
 reservation, or lands belonging to or occupied by any 
 tribe of Indians under the authority of the United States, 
 or upon any Indian allotment while the title to the 
 same shall be held in trust by the Government, or while 
 the same shall remain inalienable by the allottee without 
 the consent of the United States, shall, before leaving 
 said fire, totally extinguish the same; and whoever shall 
 fail to do so shall be fined not more than one thousand 
 dollars, or imprisoned not more than one year, or both. 
 (24 Feb., 1897, 29 Stat. L., 594, c. 313, s. 2; 2 Supp., 562. 
 5 May, 1900, 31 Stat. L., 170, c. 349, s. 2; 2 Supp., 1163. 
 25 June, 1910, 36 Stat. L., 857, c. 431, s. 6.) 
 
 § 54. Fines to be paid into school fund. — In all cases 
 arising under the two preceding sections the fines col- 
 lected shall be paid into the public school fund of the 
 county in which the lands where the offense was commit-
 
 Offenses Against the Operation of Goveenment. 781 
 
 ted are situated. (24 Feb., 1897, 29 Stat. L., 594, c. 313, 
 s. 3; 2 Supp., 562, 5 May, 1900, 31 Stat. L., 170, c. 349, s. 
 3, 2 Supp., 1163.) 
 
 § 55. Trespassing on Bull Run National Forest, Ore- 
 gon. — Whoever, except forest rangers, and other persons 
 employed by the United States to protect the forest, 
 federal and state officers in the discharge of their duties, 
 and the employees of the water board of the city of Port- 
 land, State of Oregon, shall knowingly trespass upon any 
 part of the reserve known as Bull Run National Forest, 
 in the Cascade Mountains, in the State of Oregon, or shall 
 enter thereon for the purpose of grazing stock, or shall 
 engage in grazing stock thereon, or shall permit stock 
 of any kind to graze thereon, shall be fined not more than 
 five hundred dollars, or imprisoned not more than six 
 months or both. (28 Apr., 1904, 33 Stat. L., 526, c. 1774.) 
 
 § 56. Breaking fence or gate inclosing reserved lands, 
 or driving or permitting live stock to enter upon. — Who- 
 ever shall knowingly and unlawfully break, open, or 
 destroy any gate, fence, hedge, or wall inclosing any lands 
 of the United States which, in pursuance of any law, have 
 been reserved or purchased by the United States for any 
 public use; or whoever shall drive any cattle, horses, 
 hogs, or other live stock upon any such lands for the 
 purpose of destroying the grass or trees on said lands, 
 or where they may destroy the said grass or trees; or 
 whoever shall knowingly permit his cattle, horses, hogs, 
 or other live stock, to enter through any such inclosure 
 upon any such lands of the United States, where such 
 cattle, horses, hogs, or other live stock may or can destroy 
 the grass or trees or other property of the United States 
 on the said lands shall be fined not more than five hun- 
 dred dollars or imprisoned not more than one year, or 
 both: Provided, That nothing in this section shall be con- 
 strued to apply to unreserved public lands. (3 Mar., 
 1875, 18 Stat. L., 481, c. 151, ss. 2, 3; 1 Supp., 91.) 
 
 § 57. Injuring or removing posts or monuments. — 
 Whoever shall willfully destroy, deface, change, or re- 
 move to another place any section corner, quarter-section 
 corner, or meander post, on any Government line of sur- 
 vey, or shall willfully cut down any witness tree or any
 
 782 Federal Criminal Law Procedure. 
 
 tree blazed to bark the line of a Government survey, or 
 shall willfully deface change, or remove any monument 
 or bench mark of any Government survey, shall be fined 
 not more than two hundred and fifty dollars, or impris- 
 oned not more than six months, or both. (10 June, 1896, 
 29 Stat. L., 343, c. 398; 2 Supp., 516.) 
 
 § 58. Interrupting surveys. — Whoever in any manner, 
 by threats or force, shall interrupt, hinder, or prevent 
 the surveying of the public lands, or of any private land 
 claim which has been or may be confirmed by the United 
 States, by the persons authorized to survey the same, in 
 conformity with the instructions of the Commissioner of 
 the General Land Office, shall be fined not more than three 
 thousand dollars and imprisoned not more than three 
 years. (R. S., s. 2412.) 
 
 § 59. Agreement to prevent bids at sale of lands. — 
 Whoever, before or at the time of the public sale of any 
 of the lands of the United States, shall bargain, contract, 
 or agree, or attempt to bargain, contract, or agree with 
 any other person, that the last-named person shall not 
 bid upon or purchase the land so offered for sale, or 
 any parcel thereof; or whoever by intimidation, combina- 
 tion, or unfair management shall hinder or prevent, or 
 attempt to hinder or prevent, any person from bidding 
 upon or purchasing any tract of land so offered for sale , 
 shall be fined not more than one thousand dollars, or im- 
 prisoned not more than two years, or both. (R. S., s. 
 2373.) 
 
 § 60. Injuries to United States telegraph, etc., lines. 
 — Whoever shall willfully or or maliciously injure or 
 destroy any of the works, property, or material of any 
 telegraph, telephone, or cable line, or system, operated 
 or controlled by the United States, whether constructed, 
 or in process of construction, or shall willfully or malici- 
 ously interfere in any way with the working or use of 
 any such line, or system, or shall willfully or malicious- 
 ly obstruct, hinder, or delay the transmission of any com- 
 munication over any such line, or system, shall be fined 
 not more than one thousand dollars, or imprisoned not 
 more than three years, or both. (23 June, 1874, 18 
 Stat. L., 250 c. 461; 1 Supp., 46.)
 
 Offenses Against the Operation of Government. 783 
 
 § 61. Counterfeiting weather forecast. — Whoever shall 
 knowingly issue or publish any counterfeit weather fore- 
 cast or warning of weather conditions falsely represent- 
 ing such forecast or warning to have been issued or 
 published by the Weather Bureau, United States Signal 
 Service, or other branch of the Government service, shall 
 be fined not more than five hundred dollars, or impris- 
 oned not more than ninety days, or both. (8 Aug., 1894, 
 28 Stat. L., 274, c. 238; 2 Supp., 233. 2 Mar., 1895, 28 
 Stat. L., 737, c. 169; 2 Supp., 406. 25 Apr., 1896, 29 Stat. 
 L., 108, c. 140; 2 Supp., 459.) 
 
 § 62. Interfering with employees of Bureau of Animal 
 Industry; penalty. — Whoever shall forcibly assault, re- 
 sist, oppose, prevent, impede, or interfere with any of- 
 ficer or employee of the Bureau of Animal Industry of 
 the Department of Agriculture in the execution of his 
 duties, or on account of the execution of his duties, shall 
 be fined not more than one thousand dollars, or impris- 
 oned not more than one year, or both; and whoever shall 
 use any deadly or dangerous weapon in resisting any of- 
 ficer or employee of the Bureau of Animal Industry of the 
 Department of Agriculture in the execution of his duties, 
 with intent to commit a bodily injury upon him or to 
 deter or prevent him from discharging his duties, or on 
 account of the performance of his duties, shall be fined 
 not more than one thousand dolars, or imprisoned not 
 more than five years, or both. (3 Mar., 1905, 33 Stat. 
 L., 1265, c. 1496, s. 5.) 
 
 § 63. Forgery of certificate of entry. — Whoever shall 
 forge, counterfeit, or falsely alter any certificate of entry 
 made or required to be made in pursuance of law by 
 an officer of the customs, or shall use any such forged, 
 counterfeited, or falsely altered certificate, knowing the 
 same to be forged, counterfeited, or falsely altered, shall 
 be fined not more than ten thousand dollars and impris- 
 oned not more than three years. (R. S., s. 5417.) 
 
 § 64. Concealment of destruction or invoices, etc. — 
 
 Whoever shall willfully conceal or destroy any invoice, 
 
 ,book, or paper relating to any merchandise liable to 
 
 .duty, which has been or may be imported into the United 
 
 States from any foreign port or country, after an in-
 
 
 784 Federal Criminal Law Procedure. 
 
 spection thereof has been demanded by the collector of 
 any collection district, or shall at any time conceal or dis- 
 troy any such invoice, book, or paper for the purpose of 
 suppressing any evidence of fraud therein contained, 
 shall be fined not more than five thousand dollars, or im- 
 prisoned not more than two years, or both. (R. S., s. 
 5443.) 
 
 § 65. Resisting revenue officers; rescuing or destroy- 
 ing seized property, etc. — Whoever shall forcibly assault, 
 resist, oppose, prevent, impede, or interfere with any of- 
 ficer of the customs or of the internal revenue or his 
 deputy, or any person assisting him in the execution of 
 his duties, or any person authorized to make searches 
 and seizures, in the execution of his duty, or shall res- 
 cue, attempt to rescue, or cause to be rescued, any prop- 
 erty which has been seized by any person so authorized; 
 or whoever before, at, or after such seizure, in order to 
 prevent the seizure or securing of any goods, wares, 
 or merchandise by any person so authorized, shall 
 stave, break, throw overboard, destroy, or remove 
 the same, shall be fined not more than two thou- 
 sand dollars, or imprisoned not more than one year, 
 or both; and whoever shall use any deadly or 
 dangerous weapon in resisting any person authorized 
 to make searches or seizures, in the execution of his duty, 
 with intent to commit a bodily injury upon him or to 
 deter or prevent him from discharging his duty, shall 
 be imprisoned not more than ten years. (R. S., s. 5447.) 
 
 5 66. Falsely assuming to be a revenue officer. — Who- 
 ever shall falsely represent himself to be a revenue officer, 
 and, in such assumed character, demand or receive any 
 money or other article of value from any person for any 
 duty or tax due to the United States, or for any violation 
 or pretended violation of any revenue law of the United 
 States, shall be fined not more than five hundred dollars 
 and imprisoned not more than two years. (R. S., s. 5448. 
 U. S. v. Brown, 119 Fed. Rep., 482, U. S. v. Farnham, 
 127 Fed.' Rep., 478.) 
 
 § 67. Offering presents to revenue officers. — Whoever, 
 being engaged in the importation into the United States 
 of any goods, wares, or merchandise, or being interested
 
 Offenses Against the Operation of Government. 785 
 
 as principal, clerk, or agent in the entry of any goods, 
 wares, or merchandise, shall at any time make, or offer 
 to make, to any officer of the revenue, any gratutity or 
 present of money or other thing of value, shall be fined 
 not more than five thousand dollars, or imprisoned not 
 more than two years, or both. (R. S., s. 5452.) 
 
 § 68. Admitting merchandise to entry for less than 
 legal duty. — Whoever, being an officer of the revenue, 
 shall, by any means whatever, knowingly admit or aid 
 in admitting to entry, any goods, wares, or merchandise, 
 upon payment of less than the amount of duty legally 
 due thereon, shall be removed from office and fined not 
 more than five thousand dollars, or imprisoned not more 
 than two years, or both. (E. S., s. 5444.) 
 
 U. S. v. Mescall, 164 Fed. Rep., 584. 
 
 § 69. Securing entry of merchandise by false 
 samples, etc. — Whoever, by any means whatever, shall 
 knowingly effect, or aid in effecting, any entry of goods, 
 wares, or merchandise, at less than the true weight or 
 measure thereof, or upon a false classification thereof 
 as to quality or value, or by the payment of less than the 
 amount of duty legally due thereon, shall be fined not 
 more than five thousand dollars, or imprisoned not more 
 than two years, or both. (R. S., s. 5445.) 
 
 U. S. v. Rosenthal, 126 Fed. Rep., 766. 
 
 § 70. False certification by consular officers. — Who- 
 ever, being a consul, or vice-consul, or other person em- 
 ployed in the consular service of the United States, shall 
 knowingly certify falsely to any invoice, or other paper, 
 to which his certificate is by law authorized or required, 
 shall be fined not more than ten thousand dollars and im- 
 prisoned not more than three years. (R. S., s. 5442.) 
 
 § 71. Taking seized property from custody of revenue 
 officer. — Whoever shall dispossess or rescue, or attempt 
 to dispossess or rescue, any property taken or detained 
 by any officer or other person under the authority of any 
 revenue law of the United States, or shall aid or assist 
 therein, shall be fined not more than three hundred dol- 
 lars and imprisoned not more than one year. (R. S., s. 
 5446.) 
 
 50
 
 786 Federal Criminal Law Procedure. 
 
 § 72. Forging or altering ship's papers or custom- 
 house documents. — Whoever shall falsely make, forge, 
 counterfeit, or alter any instrument in imitation of, or 
 purporting to be, an abstract or official copy or certificate 
 of the recording, registry or enrollment of any vessel, 
 in the office of any collector of the customs, or a license 
 to any vessel for carrying on the coasting trade or fish- 
 eries of the United States, or a certificate of ownership, 
 pass, passport, sea letter, or clearance, granted for any 
 vessel, under the authority of the United States, or a 
 permit, debenture, or other official document granted 
 by any collector or other officer of the customs by virtue 
 of his office; or whoever shall utter, publish, or pass, or 
 attempt to utter, publish, or pass, as true, any such false, 
 forged, counterfeited, or falsely altered instrument, ad- 
 stract, official copy, certificate, license, pass, passport, sea 
 letter, clearance, permit, debenture or other official docu- 
 ment herein specified, knowing the same to be false, forged, 
 counterfeited, or falsely altered, with an intent to de- 
 fraud, shall be fined not more than one thousand dollars 
 and imprisoned not more than three years. (R. S., s. 
 5423.) 
 
 § 73. Forging military bounty-land warrant, etc. — 
 Whoever shall falsely make, alter, forge, or counter- 
 feit any military bounty-land warrant, or military bounty- 
 land warrant certificate, issued or purporting to have 
 been issued by the Commissioner of Pensions under any 
 law of Congress, or any certificate or duplicate certificate 
 of location of any military bounty-land warrant, or mili- 
 tary bounty-land warrant certificate upon any of the 
 lands of the United States, or any certificate or duplicate 
 certificate of the purchase of any of the lands of the 
 United States, or any receipt or duplicate receipt for 
 the purchase money of any of the lands of the United 
 States, issued or purporting to have been issued by the 
 register and receiver at any land office of the United 
 States or by either of them; or whoever shall utter, pub- 
 lish, or pass as true, any such false, forged, or counter- 
 feited military bounty-land warrant, military bounty- 
 land warrant certificate, certificate or duplicate certificate 
 of location, certificate or duplicate certificate of purchase.
 
 Offenses Against the Operation of Government. 787 
 
 receipt or duplicate receipt for the purchase money of 
 any of the lands of the United States, knowing the same 
 to be false, forged, or counterfeited, shall be imprisoned 
 not more than ten years. (R. S., s. 5420.) 
 
 § 74. Forging, etc., certificate of citizenship. — Who- 
 ever shall falsely make, forge, or counterfeit, or cause or 
 procure to be falsely made, forged, or counterfeited, or 
 shall knowingly aid or assist in falsely making, forging, 
 or counterfeiting any certificate of citizenship, with in- 
 tent to use the same, or with the intent that the same may 
 be used by some other person, shall be fined not more than 
 ten thousand dollars, or imprisoned not more than ten 
 years, or both. (29 June, 1906, 34 Stat. L., 602, c. 3592, 
 s. 16.) 
 
 § 75. Engraving, etc., plate for printing, or photo- 
 graphing, selling, or bringing into United States, etc., 
 certificate of citizenship, etc. — Whoever shall engrave, or 
 cause or procure to be engraved, or assist in engraving, 
 any plate in the likeness of any plate designed for the 
 printing of a certificate of citizenship; or whoever shall 
 sell any such plate, or shall bring into the United States 
 from any foreign place any such plate, except under the 
 direction of the Secretary of Commerce and Labor or 
 other proper officer ; or whoever shall have in his control, 
 custody, or possession any metallic plate engraved after 
 the similitude of any plate from which any such certifi- 
 cate has been printed, with intent to use or to suffer such 
 plate to be used in forging or counterfeiting any such 
 certificate or any part thereof; or whoever shall print, 
 photograph, or in any manner cause to be printed, photo- 
 graphed, made, or executed, any print or impression in 
 the likeness of any such certificate, or any part thereof; 
 or whoever shall sell any such certificate, or shall bring 
 the same into the United States from any foreign place, 
 except by direction of some proper officer of the United 
 States; or whoever shall have in his possession a dis- 
 tinctive paper which has been adopted by the proper 
 officer of the United States for the printing of such 
 certificate, with intent unlawfully to use the same, shall 
 be fined not more than ten thousand dollars, or imprisoned 
 not more than ten years, or both. (29 June, 1906, 34 
 Stat. L., 602, c. 3592, s. 17.)
 
 788 Federal Criminal Law Procedure. 
 
 § 76. False personation, etc., in procuring naturali- 
 zation. — Whoever, when applying to be admitted a citi- 
 zen, or when appearing as a witness for any such person, 
 shall knowingly personate any person other than him- 
 self, or shall falsely appear in the name of a deceased 
 person, or in an assumed or fictitious name; or whoever 
 shall falsely make, forge, or counterfeit any oath, notice, 
 affidavit, certificate, order, record, signature, or other 
 instrument, paper, or proceeding required or authorized 
 by any law relating to or providing for the naturalization 
 of aliens; or whoever shall utter, sell, dispose of, or shall 
 use as true or genuine, for any unlawful purpose, any 
 false, forged, antedated, or counterfeit oath, notice, cer- 
 tificate, order, record, signature, instrument, paper, or 
 proceeding above specified; or whoever shall sell or dis- 
 pose of to any person other than the person for whom 
 it was originally issued any certificate of citizenship or 
 certificate showing any person to be admitted a citizen, 
 shall be fined not more than one thousand dollars, or im- 
 prisoned not more than five years, or both. (R. S.,s. 
 5424.) 
 
 U. S. v. York, 131 Fed. Rep., 323; U. 
 S. v. Raisch, 144 Fed. Rep., 486. 
 
 § 77. Using false certificate of citizenship, or deny- 
 ing citizenship, etc. — Whoever shall use or attempt to 
 use, or shall aid, assist, or participate in the use of any 
 certificate of citizenship, knowing the same to be forged, 
 counterfeit, or antedated, or knowing the same to have 
 been procured by fraud or otherwise unlawfully ob- 
 tained; or whoever, without lawful excuse, shall know- 
 ingly possess any false, forged, antedated, or counter- 
 feit certificate of citizenship purporting to have been 
 issued under any law of the United States relating to 
 naturalization, knowing such certificate to be false, 
 forged, antedated, or counterfeit, with the intent un- 
 lawfully to use the same; or whoever shall obtain, ac- 
 cept, or receive any certificate of citizenship, knowing 
 the same to have been procured by fraud or by the use 
 or means of any false name or statement given or made 
 with the intent to procure, or to aid in procuring, the 
 issuance of such certificate, or knowing the same to have
 
 Offenses Against the Operation of Government,, 789 
 
 been fraudulently altered or antedated; or whoever, 
 without lawful excuse, shall have in his possession any 
 blank certificate of citizenship provided "by the Bureau 
 of Immigration and Naturalization with the intent un- 
 lawfully to use the same; or whoever, after having been 
 admitted to be a citizen, shall, on oath or by affidavit, 
 knowingly deny that he has been so admitted, with the in- 
 tent to evade or avoid any duty or liability imposed 
 or required by law, shall be fined not more than one 
 thousand dollars, or imprisoned not more than five N years, 
 or both. (R. S., s. 5425. 29 June, 1906, 34 Stat. L., 602, 
 c. 3592, s. 19.) 
 
 U. S. v. Melfi, 118 Fed. Rep., 899. 
 
 § 78. Using false certificate, etc., as evidence of right 
 to vote, etc. — Whoever shall in any manner use, for the 
 purpose of registering as a voter, or as evidence of a 
 right to vote, or otherwise unlawfully, any order, cer- 
 tificate of citizenship, or certificate, judgment, or ex- 
 emplification, showing any person to be admitted to be 
 a citizen, whether heretofore or hereafter issued or made, 
 knowing that such order, certificate, judgment, or ex- 
 emplification has been unlawfully issued or made; or 
 whoever shall unlawfully use, or attempt to use, any 
 such order or certificate, issued to or in the name of any 
 other person, or in a fictitious name or the name of a 
 deceased person, shall be fined not more than one thou- 
 sand dollars, or imprisoned not more than five years, or 
 both. (R. S., s. 5426.) 
 
 U. S. v. Burley, 14 Blatch, 91, 24 Feci. 
 Cas., 1.101; U. S. v. Lehman, 39 Fed. 
 Rep.. 768. 
 
 § 79. Falsely claiming citizenship. — Whoever shall 
 knowingly use any certificate or naturalization hereto- 
 fore or which hereafter may be granted by any court, 
 which has been or may be procured through fraud 
 by false evidence, or which has been or may hereafter 
 be issued by the clerk of any other officer of the court 
 without any appearance and hearing of the applicant 
 in court and without lawfull authority; or whoever, for 
 any fraudulent purpose whatever, shall falsely represent 
 himself to be a citizen of the United States without hav- 
 ing been duly admitted to citizenship, shall be fined not
 
 790 Federal Criminal Law Procedure. 
 
 more than one thousand dollars, or imprisoned not more 
 than two years, or both. (R. S., s. 5428.) 
 
 Green, v. U. S., ISO Fed. Rep., 560. 
 U. S. v. Hamilton, 157 Fed. Rep., 569. 
 
 § 80. Taking false oath in naturalization. — Whoever, 
 in any proceeding under or by virtue of any law relat- 
 ing to the naturalization of aliens, shall knowingly swear 
 falsely in any case where an oath is made or affidavit 
 taken, shall be fined not more than one thousand dollars 
 and imprisoned not more than five years. (R. S., s. 5395.) 
 
 Schmidt v. U. S., 133 Fed. Rep., 257; 
 Boren v. U. S., 144 Fed. Rep., 801; 
 Moon v. U. S., 144 Fed. Rep., 962. 
 
 § 81. Provisions applicable to all courts of naturali- 
 zation. — The provisions of the five sections last preced- 
 ing shall apply to all proceedings had or taken, or attempt- 
 ed to be had or taken, before any court in which any pro- 
 ceeding for naturalization may be commenced or at- 
 tempted to be commenced, and whether sucli court was 
 vested by law with jurisdiction in naturalization pro- 
 ceedings or not. (R. S., s. 5429.) 
 
 § 82. Shanghaiing, and falsely inducing persons in- 
 toxicated to go on vessel prohibited. — Whoever, with in- 
 tent that any person shall perform service or labor of 
 any kind on board of any vessel engaged in trade and 
 commerce among tlie several States or with foreign na- 
 tions, or on board of any vessel of the United States 
 engaged in navigating the high seas or any navigable 
 water of the United States, shall procure or induce, or 
 attempt to procure or induce, another, by force or 
 threats, or by representation which he knows or believes 
 to be untrue, or while the person so procured or induced 
 is intoxicated or under the influence of any drug, to go 
 on board of any such vessel, or to sign or in any wise enter 
 into any agreement to go on board of any such vessel 
 to perform service or labor thereon; or whoever shall 
 knowingly detain on board of any such vessel any per- 
 son so procured or induced to go on board thereof, or 
 to enter into any agreement to go on board thereof, by 
 any means herein defined; or whoever shall knowingly 
 aid or abet in the doing of any of the things herein made 
 unlawful, shall be fined not more than one thousand dol-
 
 Offenses Against the Operation of Government. 791 
 
 lars, or imprisoned not more than one year, or both. (28 
 June 1906, 34 Stat. L., 551, c. 3583. 2 Mar., 1907, 34 Stat. 
 L., 1233, c. 2539.) 
 
 § 83. Corporations, etc., not to contribute money for 
 political elections, etc. — It shall be unlawful for any 
 national bank, or any corporation organized by author- 
 ity of any law of Congress, to make a money contribu- 
 tion in connection with any election to any political of- 
 fice. It shall also be unlawful for any corporation what- 
 ever to make a money contribution in connection with 
 any election at which Presidential and Vice-Presidential 
 electors or a Representative in Congress is to be voted 
 for, or any election by any state legislature of a United 
 States Senator. Every corporation which shall make 
 any contribution in violation of the foregoing provisions 
 shall be fined not more than five thousand dollars; and 
 every officer or director of any corporation who shall 
 consent to any contribution by the corporation in viola- 
 tion of the foregoing provisions shall be fined not more 
 than one thousand dollars, or imprisoned not more than 
 one year, or both. (26 Jan., 1907, 34 Stat. L., 864, c. 420.) 
 
 § 84. Hunting birds, or taking their eggs from breed- 
 ing grounds prohibited. — Whoever shall hunt, trap cap- 
 ture, wilfully disturb, or kill any bird of any kind what- 
 ever, or take the eggs of any such bird, on any lands 
 of the United States which have been set apart or re- 
 served as breeding grounds for birds, by any law, proc- 
 lamation, or Executive order, except under such rules 
 and regulations as the Secretary of Agriculture may, 
 from time to time, prescribe, shall be fined not more than 
 five hundred dollars, or imprisoned not more than six 
 months, or both. (28 June, 1906, 34 Stat. L., 536, c. 3565.)
 
 CHAPTER FIVE. 
 
 OFFENSES RELATING TO OFFICIAL DUTIES. 
 
 § 85. Officer, etc., of the United States guilty of extortion. 
 
 86. Receipting for larger suras than are paid. 
 
 87. Disbursing officer unlawfully converting, etc., public money. 
 
 88. Failure of treasurer, etc., to safely keep public money. 
 
 89. Custodian of public money failing to safely keep, etc. 
 
 90. Failure of officer to render accounts, etc. 
 
 91. Failure to deposit as required. 
 
 92. Provisions of the five preceding sections, to whom applicable. 
 ■93. Record evidence of embezzlement. 
 
 '94. Prima facie evidence. 
 
 95. Evidence of conversion. 
 
 96. Banker, etc., receiving deposit from disbursing officer. 
 
 97. Embezzlement by Internal Revenue officer, etc. 
 
 98. Officer contracting beyond specific appropriation. 
 
 99. Officer of United States court failing to deposit moneys, etc. 
 
 100. Receiving loan or deposit from officer of court. 
 
 101. Failure to make returns or reports. 
 
 102. Aiding in trading in obscene literature, etc. 
 
 103. Collecting and disbursing officers forbidden to trade in public 
 
 property. 
 
 104. Certain officers forbidden to purchase, etc., witness, etc., fees. 
 
 105. Falsely certifying, etc., as to record of deeds, etc. 
 
 106. Other false certificates. 
 
 107. Inspector of steamboats receiving illegal fees. 
 
 108. Pension agent taking fee, etc. 
 
 109. Officer not to be interested in claims against United States. 
 
 110. Members of Congress, etc., solicting or accepting bribe, etc. 
 
 111. Offering, etc., Member of Congress bribe, etc. 
 
 112. Member of Congress taking consideration for procuring con- 
 tract, office, etc.; offering Member consideration, etc. 
 
 113. Member of Congress, etc., taking compensation in matters to 
 
 which United States is a party. 
 
 111. Members of Congress not to be interested in contract. 
 
 115. Officer making contract with Member of Congress. 
 
 116. Contracts to which two preceding sections do not apply. 
 
 117. United States officer accepting bribe. 
 
 118. Political contributions not to be solicted by certain officers. 
 
 119. Political contributions not to be received in public offices. 
 
 120. immunity from official proscription. 
 
 121. Giving money to officials for political purposes prohibited. 
 l-_ Penalty for violating provisions of four preceding sections. 
 
 (792)
 
 Offenses Eelating to Official Duties. 793 
 
 123. Government officer, etc., giving out advance information re- 
 
 specting crop reports. 
 
 124. Government officer, etc., knowingly compiling or issuing false 
 
 statistics respecting crops. 
 
 § 85. Officer, etc., of the United States guilty of ex- 
 tortion. — Every officer, clerk, agent, or employe of the 
 United States, and every person representing himself 
 to be or assuming to act as such officer, clerk, agent, or 
 employee, who, under color of his office, clerkship, agen- 
 cy, or employment, or under color of his pretended or 
 assumed office, clerkship, agency, or employment, is 
 guilty of extortion, and every person who shall attempt 
 any act which if performed would make him guilty of 
 extortion, shall be fined not more than five hundred dol- 
 lars, imprisoned not more than one year, or both. (R. 
 S., s. 5481. 28 June, 1906, 34 Stat. L., 546, c. 3574.) 
 
 Williams v. U. S., 168 U. S., 382; v. Harned, 3 Fed. Rep., 376; U. S. v. 
 
 Ogden v. Maxwell, 3 Blatch. 319, 18 Deaver, 14 Fed. Rep., 595; U. S. v. More, 
 
 Fed. Cas., 613; U. S. v. Carr, 3 Sawyer, 18 Fed. Rep., 696; U. S. v. Schlierholz, 
 
 302, 25 Fed. Cas., 3U3. U. S. v. Waitz, 133 Fed. Rep., 333; 137 Fed. Rep., 616. 
 3 Sawyer, 473, 28 Fed. Cas., 386; U. S. 
 
 § 86. Receipting for larger sums than are paid.- 
 Whoever, being an officer, clerk, agent, employee, or 
 other person charged with the payment of any appro- 
 priation made by Congress, shall pay to any clerk or 
 other employee of the United States a sum less than that 
 provided by law, and require such employee to receipt 
 or give voucher for an amount greater that that actually 
 paid to and received by him, is guilty of embezzlement, 
 and shall be fined in double the amount so withheld 
 from any employee of the Government and imprisoned 
 not more than two years. (R. S., s. 5483.) 
 
 U. S. v. Mayers, Fed. Rep., 159. 
 
 § 87. Disbursing officer unlawfully converting, etc., 
 public money. — Whoever, being a disbursing officer of 
 the United States, or a person acting as such, shall in 
 any manner convert to his own use, or loan, with or 
 without interest, or deposit in any place or in any man- 
 ner, except as authorized by law, any public money in- 
 trusted to him; or shall, for any purpose not prescribed 
 by law, withdraw from the Treasurer or any assistant 
 treasurer, or any authorized depositary, or transfer, or
 
 7:»4 Federal Criminal Law Procedure. 
 
 apply, any portion of the public money intrusted to him, 
 shall be deemed guilty of an embezzlement of the moneys 
 so converted, loaned, deposited, withdrawn, transferred, 
 or applied, and shall be fined not more than the amount 
 embezzled, or imprisoned not more than ten years, or 
 both. (R. S., s. 5488.) 
 
 15 A. G. Op., 288. 
 
 § 88. Failure of Treasurer to safely keep public 
 moneys. — If the Treasurer of the United States or any 
 assistant treasure!', or any public depositary, fails safely 
 to keep all moneys deposited by any disbursing officer 
 or disbursing agent, as well as all moneys deposited by 
 any receiver, collector, or other person having money 
 of the United States, he shall be deemed guilty of em- 
 bezzlement of the moneys not so safely kept, and shall 
 be fined in a sum equal to the amount of money so em- 
 bezzled and imprisoned not more than ten years. (R. S., 
 s. 5489. 31 Mar., 1886, 24 Stat. L., 9, c. 41, s. 1; 1 Supp., 
 489.) 
 
 15 A. G. Op., 288. 
 
 § 89. Cusodians of public money failing to safely 
 keep, etc. — Every officer or other person charged by any 
 act of Congress with the safekeeping of the public 
 moneys, who shall loan, use, or convert to his own use, 
 or shall deposit in any bank or exchange for other funds, 
 except as specially allowed by law, any portion of the 
 public moneys intrusted to him for safe-keeping, shall 
 be guilty of embezzlement of the moneys so loaned, used, 
 coverted, deposited, or exchanged, and shall be fined in 
 a sum equal to the amount of money so embezzled and 
 imprisoned not more than ten years. (R. S., s. 5490.) 
 
 I'. S. v. Cook, 17 Wall, 168; U. S. v. 
 Forsythe, 6 McLean, 584, 25 Fed. Cas., 
 1152 7 A. G. Op., 82, 257. 
 
 '0. Failure of officer to render accounts, etc. — Every 
 officer or agent of the United States who, having re- 
 ceived pubic money which he is not auhorized to retain 
 ;i- salary, pay, or emolument, fails to render his ac- 
 count-; I'm- the same as provided by law shall be deemed 
 guilty <>!' embezzlement, and shall be fined in a sum equal
 
 Offenses Relating to Official Duties. 795 
 
 to the amount of the money embezzled and imprisoned 
 not more than ten years. (R. S., s. 5491.) 
 
 U. S. v. Hutchison, 4 Pa. L. T. Rep., 
 211, 26 Fed. Cas., 452; 5 A. G. Op., 
 685. 
 
 § 91. Failure to deposit as required. — Whoever, hav- 
 ing money of the United States in his possession or 
 under his control, shall fail to deposit it with the Treas- 
 urer, or some assistant treasurer, or some public deposi- 
 tary of the United States, when required so to do by the 
 Secretary of the Treasury, or the head of any other 
 proper department, or by the accounting officers of the 
 Treasury, shall be deemed guilty of embezzlement there- 
 of, and shall be fined in a sum equal to the amount of 
 money embezzled and imprisoned not more than ten 
 years. (R. S., s. 5492.) 
 
 U. S. v. Dimmick, 112 Fed. Rep., 350. 
 352; Dimmick v. U. S., 121 Fed. Rep., 
 638; 15 A. G. Op., 280. 
 
 § 92. Provisions of the five preceding sections, how 
 applied. — The provisions of the five preceding sections 
 shall be construed to apply to all persons charged with 
 the safe-keeping, transfer, or disbursement of the public 
 money, whether such persons be indicted as receivers or 
 depositaries of the same. (R. S., s. 5493.) 
 
 § 93. Record evidence of embezzlement. — Upon the 
 trial of any indictment against any person for embez- 
 zling public money under any provision of the six pre- 
 ceding sections, it shall be sufficient evidence, prima 
 facie, for the purpose of showing a balance against such 
 person, to produce a transcript from the books and pro- 
 ceedings of the Treasury, as required in civil cases, un- 
 der the provisions for the settlement of accounts be- 
 tween the United States and receivers of public money. 
 (R, S., s. 5494.) 
 
 § 94. Prima facie evidence. — The refusal of any per- 
 son, whether in or out of office, charged with the safe- 
 keeping, transfer, or disbursement of the public money 
 to pay any draft, order, or warrant, drawn upon him by 
 the proper accounting officer of the Treasury, for any 
 public money in his hands belonging to the United 
 States, no matter in what capacity the same may have 
 been received, or may be held, or to transfer or disburse
 
 796 Federal. Criminal. Law Procedure. 
 
 any such money, promptly, upon the legal requirement 
 of any authorized officer, shall be deemed, upon the trial 
 of any indictment against such person for embezzle- 
 ment, prima facie evidence of such embezzlement. (R. S., 
 s. 5495.) 
 
 § 95. Evidence of conversion. — If any officer charged 
 with the disbursement of the public moneys accepts, re- 
 ceives, or transmits to the Treasury Department to be 
 allowed in his favor any receipt or voucher from a cred- 
 itor of the United States without having paid to such 
 creditor in such funds as the officer received for disburse- 
 ment, or in such funds as he may be authorized by law 
 to take in exchange, the full amount specified in such re- 
 ceipt or voucher, every such act is an act of conversion by 
 such officer to his own use of the amount specified in such 
 receipt or voucher. (R. S., s. 5496.) 
 
 § 96. Banker, etc., receiving deposit from disbursing 
 officer. — Every banker, broker, or other person not an 
 authorized depositary of public moneys, who shall know- 
 ingly receive from any disbursing officer, or collector of 
 internal revenue, or other agent of the United States, 
 any public money on deposit, or by way of loan or ac- 
 commodation, with or without interest, or otherwise 
 than in payment of a debt against the United States, or 
 shall use, transfer, convert, appropriate, or apply any 
 portion of the public money for any purpose not pre- 
 scribed by law; and every president, cashier, teller, di- 
 rector, or other officer of any bank or banking associa- 
 tion who shall violate any provision of this section is 
 guilty of embezzlement of the public money so deposited, 
 loaned, transferred, used, converted, appropriated, or 
 applied, and shall be fined not more than the amount 
 embezzled, or imprisoned not more than ten years, or 
 both. (R.'S., s. 5497. 3 Feb., 1879, 20 Stat. L., 280, c. 
 42, s. 1; 1 Supp, 213.) 
 
 Ciink Count v National Hank v. U. S., 
 107 U. S., 445; 15 A. G. Op. 288. 
 
 97. Embezzlement by internal-revenue officers, etc. 
 -Any officer connected with, or employed in, the Inter- 
 nal Revenue Service of the United States, and any as- 
 sistant of such officer, who shall embezzle or wrongfully
 
 Offenses Relating to Official Duties. 797 
 
 convert to his own use any money or other property of 
 the United States, and any officer of the United States, 
 or any assistant of such officer, who shall embezzle or 
 wrongfully convert to his own use any money or prop- 
 erty which may have come into his possession or under 
 his control in the execution of such office or employment, 
 or under color or claim of authority as such officer or 
 assistant, whether the same shall be the money or prop- 
 erty of the United States or of some other person or 
 party, shall, where the offense is not otherwise punish- 
 able by some statute of the United States, be fined not 
 more than the value of the money and property thus 
 embezzled or converted, or imprisoned not more than 
 ten years, or both. (R. S., s. 5497. 3 Feb., 1879, 20 
 Stat. L., 280, c. 42, s. 1; 1 Supp., 213. 
 
 § 98. Officer contracting beyond specific appropria- 
 tion. — Whoever, being an officer of the United States, 
 shall knowingly contract for the erection, repair, or 
 furnishing of any public building, or for any public im- 
 provement, to pay a larger amount than the specific sum 
 appropriated for such purpose, shall be fined not more 
 than two thousand dollars and imprisoned not more 
 than two years. (R. S., s. 5503.) 
 
 § 99. Officer of United States court failing to deposit 
 money, etc. — Whoever, being a clerk or other officer of 
 a court of the United States, shall fail forthwith to de- 
 posit any money belonging in the registry of the court, 
 or hereafter paid into court or received by the officers 
 thereof, with the Treasurer, assistant treasurer, or a 
 designated depositary of the United States, in the name 
 and to the credit of such court, or shall retain or con- 
 vert to his own use or to the use of another any such 
 money, is guilty of embezzlement, and shall be fined not 
 more than the amount embezzled, or imprisoned not more 
 than ten years, or both; but nothing herein shall be held 
 to prevent the delivery of any such money upon secur- 
 ity, according to agreement of parties, under the direc- 
 tion of the court. (R. S., s. 5504.) 
 
 Henry v. Sowles, 28 Fed. Rep., 481; 
 U. S. v. Bixby, 10 Biss, 238. 
 
 § 100. Receiving loan or deposit from officer of court. 
 — Whoever shall knowingly receive, from a clerk or
 
 798 Federal Criminal Law Procedure. 
 
 other officer of a court of the United States, as a deposit, 
 loan, or otherwise, any money belonging in the registry 
 of such court, is guilty of embezzlement, and shall be 
 punished as prescribed in the preceding section. (R. S., 
 s. 5505.) 
 
 § 101. Failure to make returns or reports. — Every 
 officer who neglects or refuses to make any return or re- 
 port which he is required to make at stated times by 
 any act of Congress or regulation of the Department of 
 the Treasury, other than his accounts, within the time 
 prescribed by such act or regulation, shall be fined not 
 more than one thousand dollars. (E. S., s. 1780.) 
 
 § 102. Aiding in trading in obscene literature, etc. — 
 Whoever, being an officer, agent, or employee of the Gov- 
 ernment of the United States shall knowingly aid or abet 
 any person engaged in violating any provision of law 
 prohibiting importing, advertising, dealing in, exhibit- 
 ing, or sending or receiving by mail, obscene or indecent 
 publications or representations, or means for prevent- 
 ing conception or producing abortion, or other article of 
 indecent or immoral use or tendency, shall be fined not 
 more than five thousand dollars, or imprisoned not more 
 than ten years, or both. (R. S., s. 1785, 1 Oct., 1890, 26 
 Stat. L., 615, c. 1244, s. 12; 1 Supp., 860. 27 Aug., 1894, 
 28 Stat. L., 549, c. 3494, s. 11; 2 Supp., 311. 24 July, 
 1879, 30 Stat. L., 209, c. 11, s. 17; 2 Supp., 708.) 
 
 U. S. v. Williams, 3 Fed. Rep., 489; 
 see cases under R. S., 3893, Fed. Rep., 
 Dig., 7446, 7451. 
 
 § 103. Collecting and disbursing officers forbidden to 
 trade in public funds, etc.— Whoever, being an officer of 
 the United States concerned in the collection or the dis- 
 bursement of the revenues thereof, shall carry on any 
 trade or business in the funds or debts of the United 
 SI ales, or of any State, or in any public property of 
 either, shall lie fined not more than three thousand dol- 
 lar-, or imprisoned not more than one year, or both, and 
 be removed from office, and thereafter be incapable of 
 holding any office under the United States. (R. S., ss. 
 1788, 1789.) 
 
 14 A. G. Op., 352.
 
 Offenses Eelating to Official Duties. 799 
 
 § 104. Certain officers forbidden to purchase, etc., 
 witness, etc., fees. — Whoever, being a judge, clerk, or 
 deputy clerk of any court of the United States, or of 
 any Territory thereof, or a United States district attor- 
 ney, assistant attorney, marshal, deputy marshal, com- 
 missioner, or other person holding any office or employ- 
 ment, or position of trust or profit under the Govern- 
 ment of the United States shall, either directly or in- 
 directly, purchase at less than the full face value there- 
 of, any claim against the United States for the fee, mile- 
 age, or expenses of any witness, juror, deputy marshal, 
 or any other officer of the court whatsoever, shall be 
 fined not more than one thousand dollars. (25 Feb., 
 1897, 29 Stat. L., 595, c. 316; 2 Supp., 563.) 
 
 § 105. Falsely certifying, etc., as to record of deeds. 
 — Whoever, being an officer or other person authorized 
 by any law of the United States to record a conveyance 
 of real property or any other instrument which by such 
 law may be recorded, shall knowingly certify falsely that 
 such conveyance or instrument has or has not been record- 
 ed, shall be fined not more than one thousand dollars, or 
 imprisoned not more than seven years, or both. 
 
 § 106. Other false certificates. — Whoever being a 
 public officer or other person authorized by any law of 
 the United States to make or give a certificate or other 
 writing, shall knowingly make and deliver as true such 
 a certificate or writing, containing any statement which 
 he knows to be false, in a case where the punishment 
 thereof is not elsewhere expressly provided by law, shall 
 be fined not more than five hundred dollars, or imprisoned 
 not more than one year, or both. 
 
 § 107. Inspector of steamboats receiving illegal fees. 
 — Every inspector of steamboats who, upon any pre- 
 tense, receives any fee or reward for his services, ex- 
 cept what is allowed to him by law, shall forfeit his 
 office, and be fined not more than five hundred dollars, 
 or imprisoned not more than six months, or both. (R. 
 S., s. 5482.) 
 
 § 108. Pension agent taking fee, etc. — Every pension 
 agent, or other person employed or appointed by him, 
 who takes, receives, or demands any fee or reward from
 
 800 Federal Criminal Law Procedure. 
 
 any pensioner for any service in connection with the pay- 
 ment of his pension, shall be fined not more than five 
 hundred dollars. (R, S., s. 5487.) 
 
 § 109. Officer not to be interested in claims against 
 United States. — Whoever, being an officer of the United 
 States, or a person holding any place of trust or profit, 
 or discharging any official function under, or in connec- 
 tion with, any Executive Department of the Government 
 of the United States, or under the Senate or House of 
 Representatives of the United States, shall act as an 
 agent or attorney for prosecuting any claim against the 
 United States, or in any manner, or by any means, other- 
 wise than in discharge of his proper official duties, shall 
 aid or assist in the prosecution or support of any such 
 claim, or receive any gratuity, or any share of or interest 
 in any claim from any claimant against the United States, 
 with intent to aid or assist, or in consideration of having 
 aided or assisted, in the prosecution of such claim, shall 
 be fined not more than five thousand dollars, or im- 
 prisoned not more than one year, or both. (R. S. s. 5498.) 
 
 Ex parte Curtis, 106 U. S., 371; Tyler's 31 Ct. CI., 35; People v. Duane, 121 N. 
 Motion, 18 Ct. CI., 25; In re Winthrop, Y., 373; 16 A. G. Op., 478. 
 
 § 110. Member of Congress, etc., soliciting or accept- 
 ing bribe. — Whoever, being elected or appointed a Mem- 
 ber of or Delegate to Congress, or a Resident Commis- 
 sioner shall, after his election or appointment, and either 
 before or after he has qualified, and during his con- 
 tinuance in office, directly or indirectly ask, accept, re- 
 ceive, or agree to receive, any money, property, or other 
 valuable consideration, or any promise, contract, under- 
 taking, obligation, gratuity, or security for the payment 
 of money or for the delivery or conveyance of anything 
 of value to him or to any person with his consent, con- 
 nivance, or concurrence, for his attention to, or services, 
 or with the intent to have his action, vote, or decision 
 influenced on any question, matter, cause, or proceeding, 
 which may at any time be pending in either House of 
 Congress or before any committee thereof, or which by 
 law or under the Constitution may be brought before 
 him in his official capacity, or in his place as such Mem- 
 Imt, Delegate, or Resident Commissioner, shall be fined
 
 Offenses Relating to Official Duties. 801 
 
 not more than three times the amount asked, accepted, 
 or received, and imprisoned not more than three years; 
 and shall, moreover, forfeit his office or place, and there- 
 after be forever disqualified from holding any office of 
 honor, trust, or profit under the Government of the Unit- 
 ed States. (R. S., ss. 1781, 5500, 5502.) 
 
 U. S. v. Kessel, 62 Fed. Rep., 57; U. 
 S. v. Van Leuven, 62 Fed. Rep., 62. 
 
 § 111. Offering, etc., Member of Congress bribe, etc. 
 — Whoever shall promise, offer, or give, or cause to be 
 promised, offered, or given, any money or other thing 
 of value, or shall make or tender any contract, under- 
 taking, obligation, gratuity, or security for the payment 
 of money or for the delivery or conveyance of anything 
 of value, to any Member of either House of Congress, or 
 Delegate to Congress, or Resident Commissioner, after 
 his election or appointment and either before or after he 
 has qualified, and during his continuance in office, or to 
 any person with his consent, connivance, or concurrence, 
 with intent to influence his action, vote, or decision, on 
 any question, matter, cause, or proceeding which may 
 at any time be pending in either House of Congress, or 
 before any committee thereof, or which by law or under 
 the Constitution may be brought before him in his offi- 
 cial capacity or in his place as such Member, Delegate, 
 or Resident Commissioner, shall be fined not more than 
 three times the amount of money or value of the thing 
 so promised, offered, given, made, or tendered, and im- 
 prisoned not more than three years. (R. S., s. 5450.) 
 
 § 112. Member of Congress taking consideration for 
 procuring contracts, offices, etc., offering Member consid- 
 eration, etc. — Whoever, being elected or appointed a 
 Member of or Delegate to Congress, or a Resident Com- 
 missioner, shall after his election or appointment and 
 either before or after he has qualified and during his con- 
 tinuance in office, or being an officer or agent of the United 
 States, shall directly or indirectly take, receive, or agree 
 to receive, from any person, any money, property, or other 
 valuable consideration whatever, for procuring, or aid- 
 ing to procure, any contract, appointive office, or place 
 from the United States or from any officer or Depart- 
 ment thereof, for any person whatever, or for giving any 
 
 51
 
 802 Federal Criminal Law Procedure. 
 
 such contract, appointive office, or place to any person 
 whomsoever; or whoever, directly or indirectly, shall 
 offer, or agree to give, or shall give or bestow, any money, 
 property, or other valuable consideration whatever, for 
 the procuring, or aiding to procure, any such contract, ap- 
 pointive office, or place, shall be fined not more than ten 
 thousand dollars and imprisoned not more than two 
 years; and shall, moreover, be disqualified from holding 
 any office of honor, profit, or trust under the Government 
 of the United States. Any such contract or agreement 
 may, at the option of the President, be declared void. 
 (R. S., s. 1781.) 
 
 Ex parte Curtis, 106 U. S., 371; U. v. Dietrich, 126 Fed. Rep., 664, 676; 1 
 S. v. Driggs, 125 Fed. Rep., 520; U. S. Comp. Dec., 859; 14 A. G. Op., 482. 
 
 § 113. Member of Congress taking compensation in 
 matters to which United States is a party. — Whoever, 
 being elected or appointed a Senator, Member of or Dele- 
 gate to Congress, or a Resident Commissioner, shall, 
 after his election or appointment and either before or 
 after he has qualified, and during his continuance in of- 
 fice, or being the head of a department, or other officer 
 or clerk in the employ of the United States, shall, direct- 
 ly or indirectly, receive, or agree to receive, any com- 
 pensation whatever for any services rendered or to be 
 rendered to any person either by himself or another, in 
 relation to any proceeding, contract, claim, controversy, 
 charge, accusation, arrest or other matter or thing in 
 which the United States is a party or directly or indi- 
 rectly interested, before any department, court-martial, 
 bureau, officer, or any civil, military, or naval commis- 
 sion whatever, shall be fined not more than ten thou- 
 sand dollars and imprisoned not more than two years; 
 and shall, moreover, thereafter be incapable of holding 
 any office of honor, trust, or profit under the Government 
 of *the United States. (R. S., s. 1782.) 
 
 Ex parte Curtis, 106 U. S. 371; Bur- 552; U. S. v. Booth, 148 Fed. Rep., 112; 
 
 ton v. U. S. 196 U. S., 283; 202 U. S., 14 A. G. Op., 482; 17 A. G. Op., 420; 
 
 344; U. S. v. Driggs, 125 Fed. Rep., 18 A. G. Op., 161; 1 Comp. Dec. 859. 
 520; Burton v. U. S., 131 Fed. Rep., 
 
 § 1 14. Member of Congress not to be interested in 
 contract. — Whoever, being elected or appointed a Mem- 
 ber of or Delegate to Congress, or a Resident Commis- 
 sioner, shall, after his election or appointment and either
 
 Offenses Relating to Official Duties. 803 
 
 before or after he lias qualified, and during his con- 
 tinuance in office, directly or indirectly, himself, or bv 
 
 7 %/ %/ 7 */ 
 
 any other person in trust for him, or for his use or bene- 
 fit, or on his account, undertake, execute, hold, or enjoy, 
 in whole or in part, any contract or agreement, made 
 or entered into in behalf of the United States by any 
 officer or person authorized to make contracts on its be- 
 half, shall be fined not more than three thousand dollars. 
 All contracts or agreements made in violation of this 
 section shall be void; and whenever any sum of money 
 is advanced by the United States, in consideration of any 
 such contract or agreement, it shall forthwith be repaid; 
 and in case of failure or refusal to repay the same when 
 demanded b} r the proper officer of the Department under 
 whose authority such contract or agreement shall have 
 been made or entered into, suit shall at once be brought 
 against the person so failing or refusing and his sure- 
 ties, for the recovery of the money so advanced. (R. S., 
 s. 3739.) 
 
 U. S. v. Dietrich, 126 Fed. Rep., 671. 
 2 A. G. Op., 38; 5 A. G. Op., 697; IS 
 A. G. Op., 280. 
 
 § 115. Officer making contract with Member of Con- 
 gress. — Whoever, being an officer of the United States, 
 shall on behalf of the United States, directly or indirect- 
 ly make or enter into any contract, bargain, or agree- 
 ment, in writing or otherwise, with any Member of or 
 Delegate to Congress, or any Resident Commissioner, 
 after his election or appointment as such Member, Dele- 
 gate, or Resident Commissioner, and either before or 
 after he has qualified, and during his continuance in 
 office, shall be fined not more than three thousand dol- 
 lars. (R. S., s. 3742.) 
 
 4 A. G. Op., 47; 15 A. G. Op., 151, 
 
 280. 
 
 § 116. Contracts to which two preceding sections do 
 not apply. — Nothing contained in the two preceding sec- 
 tions shall extend, or be construed to extend, to any con- 
 tract or agreement made or entered into, or accepted, 
 by any incorporated company, where such contract or 
 agreement is made for the general benefit of such incor- 
 poration or company; nor to the purchase or sale of bills 
 of exchange or other property by any Member of or
 
 804 Federal Criminal Law Procedure. 
 
 Delegate to Congress, or Resident Commissioner, where 
 the same are ready for delivery, and payment therefor 
 is made, at the time of making or entering into the con- 
 tract or agreement. (R. S., s. 3740.) 
 
 § 117. United States officer accepting bribe. — Who- 
 ever, being an officer of the United States, or a person 
 acting for or on behalf of the United States, in any offi- 
 cial capacity, under or by virtue of the authority of any 
 department or office of the Government thereof; or who- 
 ever, being an officer or person acting for or on behalf 
 of either House of Congress, or of any committee of 
 either House, or of both Houses thereof, shall ask, ac- 
 cept, or receive any money, or any contract, promise, 
 undertaking, obligation , gratuity, or security for the 
 payment of money, or for the delivery or conveyance of 
 anything of value, with intent to have his decision or 
 action on any question, matter, cause, or proceeding 
 which may at any time be pending, or which may by 
 law be brought before him in his official capacity, or in 
 his place of trust or profit, influenced thereby, shall be 
 fined not more than three times the amount of money or 
 value of the thing so asked, accepted, or received, and 
 imprisoned not more than three years; and shall, more- 
 over, forfeit his office or place and thereafter be forever 
 disqualified from holding any office of honor, trust, or 
 profit under the Government of the United States. (R. S., 
 ss. 5501, 5502.) 
 
 U. S. v. Kessel, 62 Fed. Rep., 57; U. v. Ingham, 97 Fed. Rep., 935; King v. 
 S. v. Van Leuven, 62 Fed. Rep., 62; U. S., 112 Fed. Rep., 988; Sharp v. U. 
 U. S. v. Boyer, 85 Fed. Rep., 425; U. S. S., 138 Fed. Rep., 878. 
 
 § 118. Political contributions not to be solicited by 
 certain officers. — No Senator or Representative in, or 
 Delegate or Resident Commissioner to Congress, or Sen- 
 ator, Representative, Delegate, or Resident Commission- 
 er elect, or officer or employee of either House of Con- 
 gress, and no executive, judicial, military, or naval offi- 
 cer of the United States, and no clerk or employee of 
 any department, branch, or bureau of the executive, 
 judicial, or military or naval service of the United States, 
 shall, directly, or indirectly, solicit or receive, or be in 
 any manner concerned in soliciting or receiving, any 
 nient, subscription, or contribution for any politi-
 
 Offenses Relating to Official, Duties. 805 
 
 cal purpose whatever, from any officer, clerk, or em- 
 ployee of the United State, or any department, branch, 
 or bureau thereof, or from any person receiving any sal- 
 ary or compensation from moneys derived from the 
 Treasury of the United States. (16 Jan., 1883, 22 Staty 
 L., 406, c. 27, s. 11; 1 Supp., 395.) 
 
 § 119. Political contributions not to be received in 
 public offices. — No person shall, in any room or building 
 occupied in the discharge of official duties by any officer 
 or employee of the United States mentioned in the pre- 
 ceding section, or in any navy-yard, fort, or arsenal, so- 
 licit in any manner whatever or receive any contribution 
 of money or other thing of value for any political pur- 
 pose whatever. (16 Jan., 1883, 22 Stat. L., 407, c. 27, s. 
 12; 1 Supp., 396; U. S. v. Thayer, 209 U, S., 39; U. S. v. 
 Thayer, 154 Fed. Rep., 508; U. S. v. Smith, 163 Fed. 
 Rep., 926.) 
 
 § 120. Immunity from official proscription, etc. — No 
 officer or employee of the United States mentioned in sec- 
 tion one hundred and eighteen, shall discharge, or pro- 
 mote or degrade, or in any manner change the official 
 rank or compensation of any other officer or employee, 
 or promise or threaten so to do, for giving or withhold- 
 ing or neglecting to make any contribution of money or 
 other valuable thing for any political purpose. (16 Jan., 
 1883, 22 Stat. L., 407, c. 27, s. 13; 1 Supp., 396.) 
 
 § 121. Giving money, etc., to officials for political \ 
 purposes prohibited. — No officer, clerk, or other person 
 in the service of the United States shall, directly or in- 
 directly, give or hand over to any other officer, clerk, or 
 person in the service of the United States, or to any Sen- 
 ator or Member of or Delegate to Congress, or Resident 
 Commissioner, any money or other valuable thing on ac- 
 count of or to be applied to the promotion of any politi- 
 cal object whatever. (16 Jan., 1883, 22 Stat. L., 407, c. 
 27, s. 14; 1 Supp., 396.) 
 
 § 122. Penalty for violating provinsions of four 
 preceding sections. — Whoever shall violate any provi- 
 sion of the four preceding sections shall be fined not more 
 than five thousand dollars, or imprisoned not more than 
 three years, or both. (16 Jan. 1883, 22 Stat. L., 407 c. 
 27, s. 15; 1 Supp., 396.)
 
 806 Federal Criminal Law Procedure. 
 
 L23. Government officer, etc., giving out advance 
 information respecting crop reports. — Whoever, being an 
 officer or employee of the United States or a person act- 
 ing for or on behalf of the United States in any capacity 
 tinder or by virtue of the authority of any Department 
 or office thereof, and while holding such office, employ- 
 ment or position shall, by virtue of the office, employment, 
 or position held by him, become possessed of any in- 
 formation which might exert an influence upon or affect 
 the markel value of any product of the soil grown within 
 the United States, which information is by law or by the 
 rules of the Department or office required to be withheld 
 from publication until a fixed time, and shall willfully im- 
 part, directly or indirectly, such information, or any part 
 thereof, to any person not entitled under the law or the 
 rules of the Department or office to receive the same; 
 or shall, before such information is made public through 
 regular official channels, directly or indirectly speculate 
 in any such producl respecting which he has thus become 
 po- e ed of such information, by buying or selling the 
 .Hue in ;ni\ quantity, shall be fined not more 
 than ten thousand dollars, or imprisoned not more 
 than ten years, or both: Provided, That no per- 
 son shall be deemed guilty of a violation of any 
 iich rule unless prior to such alleged violation be 
 shall have had actual knowledge thereof. 
 
 L24. Government officer, e'tc, knowingly compiling 
 or issuing false statistics respecting crops. — Whoever, be 
 ing .in officer or employee of the United States, and whose 
 duties require the compilation or report of statistics or 
 information relative l<» the products of the soil, shall 
 knowingly compile for issuance, <>r issue, any false statis- 
 tic or information as a report of the United Slates, shall 
 he fined not more than five thousand dollars, or im- 
 pn oned not more than five years, or both.
 
 CHAPTER SIX. 
 
 OFFENSES AGAINST PUBLIC JUSTICE. 
 
 § 125. Perjury. 
 
 126. Subornation of perjury. 
 
 127. Stealing or altering process; procuring false bail, etc. 
 
 128. Destroying, etc., public records. 
 
 129. Destroying records by officer in charge. 
 
 130. Forging signature of judge, etc. 
 
 131. Bribery of a judge or judicial officer. 
 
 132. Judge or judicial officer accepting a bribe, etc. 
 
 133. Juror, referee, master, etc., or judicial officer, etc., accepting 
 
 bribe. 
 
 134. Witness accepting bribe. 
 
 135. Intimidation or corruption of witness, or grand or petit juror, 
 
 or officer. 
 
 136. Conspiring to intimidate party, witness, or juror. 
 
 137. Attempt to influence juror. 
 
 138. Allowing prisoner to escape. 
 
 139. Application of preceding section. 
 
 140. Obstructing process or assaulting an officer. 
 
 141. Rescuing, etc., prisoner; concealing, etc., person for whom 
 
 warrant has issued. 
 
 142. Rescue at execution. 
 
 143. Recue of prisoner. 
 
 144. Rescue of body of executed offender. 
 
 145. Extortion by informer. 
 
 146. Misprision of felony. 
 
 § 125. Perjury. — Whoever, having taken an oath be- 
 fore a competent tribunal, officer, or person, in any case 
 in which a law of the United States authorizes an oath 
 to be administered, that he will testify, declare, depose, 
 or certify truly, or that any written testimony, declara- 
 tion, deposition, or certificate by him subscribed, is true, 
 shall willfully and contrary to such oath state or sub- 
 scribe any material matter which he does not believe to 
 be true, is guilty of perjury, and shall be fined not more 
 than two thousand dollars and imprisoned not more than 
 five years. (R. S., s. 5392.) . 
 
 U. S. v. Passmore. 4 Dull. 392; U. S. S., 177; Logan v. U. S.. 144 U. S., 263, 
 
 v. Bailey, 9 Pet., 238; U. S. v. Wood. 302; U. S. v. Eaton, 144 U. S., 677; Caha 
 
 14 Pet., 430; U. S. v. Nickersen. 17 v. U. S., 152 U. S., 211, 215. 220; 
 
 How.. 204: U. S. v. Curtis, 107 U. S., New York v. Eno, 155 U. S., 89, 97; 
 
 671; U. S. v. Ambrose, 108 U. S.. 336, 2 Dunbar v. U. S.. 156 U. S., 185, 192; 
 
 Fed. Rep., 556; U. S. v. Barber, 140 U. Todd v. U. S., 158 U. S., 278. 284; 
 
 (807)
 
 808 
 
 Fedebal Ckiminal Law Procedure. 
 
 Bucklin v. U. S., 159 U. S., 680, 682; 
 Markham v. U. S., 160 U. S. 319, 
 323; In re Pollock, 165 U. S., 526, 
 533; U. S. v. Atkins, 1 Sprague, 558, 
 24 Fed. Cas., 885; U. S. v. Babcock, 
 4 McLean, 113, 24 Fed. Cas., 928, 
 U. S. v. Clark, 1 Gall., 497, 25 Fed. 
 Cas., 411; U. S. v. Conner, 3 McLean, 
 25 Fed. Cas., 595; U. S. v. 
 Deming, 4 McLean, 3 25 Fed. Cas., 816; 
 l . S. v. Kendrick, 2 Mas., 60, 26 Fed. 
 Cas., 758; Ex. parte Bridges, 2 Woods, 
 428, 4 Fed. Cas., 99; U. S. v. Nich- 
 ois, 4 McLean, 23, 27 Fed. Cas., 151; 
 
 . v. Smith. 1 Saw., 277, 27 Fed. 
 Cas., 1175; U. S. v. Sonachall, 4 Biss., 
 425, 11 Fed. Cas., 1259; U. S. v. Volz, 
 14 match., 15, 28 Fed. Cas., 384; U. 
 S. v. Jones, 14 Blatch., 90, 26 Fed. 
 Cas.. 638; U. S. v. Baer, 18 Blatch., 
 
 6 Fed. Cas., 42; U. S. v. Bartow, 
 10 Fed. Rep., 873; U. S. v. Neal, 14 
 Fed. Rep., 767; U. S. v. Madison, 21 
 Fed. Rep., 628; U. S. v. Walsh, 22 
 Fed. Rep., 644; U. S. v. Landsberg, 
 23 Fed. Rep., 585; U. S. v. Hearing, 
 26 Fed. Rep., 744; U. S. v. Grottkau, 
 
 30 Fed. Rep., 672; U. S. v. Burkhardt, 
 
 31 Fed. Rep., 141; U. S. v. Boggs, 31 
 fed. Rep., 337; U. S. v. McConaughy, 33 
 
 Fed. Rep., 168; Babcock v. U. S., 34 
 Fed. Rep., 873; U. S. v. Howard, 37 
 Fed. Rep., 666; U. S. v. Cuddy, 39 
 Fed. Rep., 696; U. S. v. Edwards, 43 
 Fed. Rep., 67; U. S. v. Wood, 44 Fed. 
 Rep., 753; U. S. v. Manion, 44 Fed. 
 Rep., 800; U. S. v. Hall, 44 Fed. Rep., 
 864; U. S. v. Bedford, 49 Fed. Rep., 
 54; U. S. v. Law, 50 Fed. Rep., 915; 
 U. S. v. Singleton, 54 Fed. Rep., 488; 
 U. S. v. Wood, 70 Fed. Rep., 485; U. 
 S. v. Pettus, 84 Fed. Rep., 791; U. 
 S. v. Maid, 116 Fed. Rep., 650; Noah 
 v. U. S., 128 Fed. Rep., 270; U. S. v. 
 Hardison, 135 Fed. Rep., 419; Van 
 Gesner v. U. S., 153 Fed. Rep., 46; 
 U. S. v. Williamson, 153 Fed. Rep., 
 46; Nurnberger v. U. S., 156 Fed. Rep., 
 721; O'Leary v. U. S., 158 Fed. Rep., 
 176; WechsTer v. U. S., 158 Fed. Rep., 
 579; Nickell v. U. S., 161 Fed. Rep., 
 702; Sullivan v. U. S., 161 Fed. Rep., 
 254; Barnard v. U. S., 162 Fed. Rep., 
 622; U. S. v. Lamson, 165 Fed. Rep., 
 80; Hashagen v. U. S., 169 Fed. Rep., 
 396; U. S. v. Patterson, 171 Fed. Rep., 
 241; U. S. v. Ammerman, 176 Fed. 
 Rep., 635; 2 A. G. Op., 700; 2 Comp. 
 Dec, 2583. 
 
 Babcock v. U. S., 34 Fed. Rep., 873: 
 U. S. v. Howard, 132 Fed. Rep., 325; 
 U. S. v. Cobban, 134 Fed. Rep., 290; 
 U. S. v. Brace, 144 Fed. Rep., 869. 
 
 § 126. Subordination of perjury. — Whoever shall pro- 
 cure another to commit any perjury is guilty of suborna- 
 tion or perjury, and punishable as in the preceding sec- 
 tion prescribed. (R. S., s. 5393.) 
 
 I". S. v. Donnee, 3 Woods, 39, 25 
 Fed. Cas., 817; U. S. v. Wilcox, 4 
 Blatch., 393, 28 Fed. Cas., 600; U. 
 S. v. Evans, 19 Fed. Rep.. 912; U. 
 S. v. Thompson, 31 Fed. Rep., 331; 
 
 § 127. Stealing or altering process; procuring false 
 bail, etc. — Whoever shall feloniously steal, take away, 
 «i iter, falsify, or otherwise avoid any record, writ, pro- 
 cess, or oilier proceeding, in any court of the United 
 States, by means whereof any judgment is reversed, 
 made void, or does not take effect; or whoever shall 
 acknowledge, or procure to be acknowledged, in any such 
 court, any recognizance, bail, or judgment, in the name 
 of any other person not privy or consenting to the same, 
 shall be fined not more than five thousand dollars, or im- 
 prisoned not more than seven years or both; but this 
 provision shall not extend to the acknowledgment of any 
 judgment by an attorney, duly admitted for any person 
 againsl whom such judgment is had or given. (R. S., s. 
 5394.) 
 
 I'. S. v. Crecilius, 34 Fed. Rep., 30; 
 Barbel v. I'. S.. 35 Fed. Rep., 886; 5 
 A. O. Op., 523.
 
 Offences Against Public Justice. 809 
 
 § 128. Destroying, etc., public records. — Whoever 
 shall wilfully and unlawfully conceal, remove, mutilate, 
 obliterate, or destroy, or attempt to conceal, remove, 
 mutilate, obliterate, or destroy, or, with intent to con- 
 ceal, remove, mutilate, obliterate, destroy, or steal, shall 
 take and carry away any record, proceeding, map, book, 
 paper, document, or other thing, filed or deposited with 
 any clerk or officer of any court of the United States, or 
 in any public office, or with any judicial or public officer 
 of the United States, shall be fined not more than two 
 thousand dollars, or imprisoned not more than three 
 years, or both. (E. S., s. 5403.) 
 
 U. S. v. Goldberg, 7 Biss., 175, 178, Groat, 30 Fed. Rep., 764; Mc Inerney 
 
 25 Fed. Cas., 1342; Mackin v. U. v. U. S., 143 Fed. Rep., 729; People 
 
 S., 23 Fed. Rep., 334; Ex parte Porkins, v. Wise, 2 How. (N. S.), 92; Ayres 
 
 29 Fed. Rep., 900, 912; U. S. v. De v. Covill, 18 Barb., 263. 
 
 § 129. Destroying records by officer in charge. — Who- 
 ever, having the custody of any record, proceeding, map, 
 book, document, paper, or other thing specified in the 
 preceding section, shall wilfully and unlawfully conceal, 
 remove, mutilate, obliterate, falsify, or destroy any such 
 record, proceeding, map, book, document, paper, or thing, 
 shall be fined not more than two thousand dollars, or 
 imprisoned not more than three years, or both; and shall 
 moreover forfeit his office and be forever afterward dis- 
 qualified from holding any office under the Government 
 of the United States. (R.* S., s. 5408.) 
 
 § 130. Forging signature of judge, etc. — Whoever 
 shall forge the signature of any judge, register, or other 
 officer of any court of the United States, or of any Ter- 
 ritory thereof, or shall forge or counterfeit the seal of 
 any such court, or shall knowingly concur in using any 
 such forged or counterfeit signature or seal, for the pur- 
 pose of authenticating any proceeding or document, or 
 shall tender in evidence any such proceeding or document 
 with a false or counterfeit signature of any such judge, 
 register, or other officer, or a false or counterfeit seal 
 of the court, subscribed or attached thereto, knowing such 
 signature or seal to be false or counterfeit, shall be fined 
 not more than five thousand dollars and imprisoned not 
 more than five years. (R. S., s. 5419.) 
 
 § 131. Bribery of a judge or judicial officer. — Who- 
 ever, directly or indirectly, shall give or offer, or cause to
 
 810 Federal Criminal Law Procedure. 
 
 be given or offered, any money, property, or value of any 
 kind, or any promise or agreement therefor, or any other 
 bribe, to any judge, judicial officer, or other person au- 
 thorized by any law of the United States to hear or deter- 
 mine any question, matter, cause, proceeding, or contro- 
 versy, with intent to influense his action, vote, opinion, or 
 decision thereon, or because of any such action, vote, 
 opinion, or decision, shall be fined not more than twenty 
 thousand dollars, or imprisoned not more than fifteen 
 years, or both; and shall forever be disqualified to hold 
 anv office of honor, trust, or profit under the United 
 States. (R. S., s. 5449.) 
 
 § 132. Judge or judicial officer accepting a bribe, etc. 
 — Whoever, being a judge of the United States, shall in 
 any wise accept or receive any sum of money, or other 
 bribe, present, or reward, or any promise, contract, obli- 
 gation, gift, or security for the payment of money, or 
 for the delivery or conveyance of anything of value, 
 with the intent to be influenced thereby in any opinion, 
 judgment, or decree in any suit, controversy, matter, or 
 cause depending before him, or because of any such 
 opinion, ruling, decision, judgment, or decree, shall be 
 fined not more than twenty thousand dollars, or im- 
 prisoned not more than fifteen years, or both; and shall 
 be forever disqualified to hold any office of honor, trust, 
 or profit under the United States. (R. S., s. 5499.) 
 
 § 133. Juror, referee, master, etc., or judicial officer, 
 etc., accepting bribe. — Whoever, being a juror, referee, 
 arbitrator, appraiser, assessor, auditor, master, receiver, 
 United States commissioner, or other person authorized 
 by any law of the United States to hear or dotejinine any 
 (|iiestion, matter, cause, controversy, or proceeding, shall 
 ask, receive, or agree to receive, any money, property, or 
 value of any kind, or any promise or agreement therefor, 
 upon any agreement or understanding that his vote, 
 opinion, action, judgment, or decision, shall be influenced 
 thereby, or because of any such vote, opinion, action, 
 judgment, or decision, shall be fined not more than two 
 thousand dollars, or imprisoned not more than two years, 
 or both.
 
 Offenses Against Public Justice. 811 
 
 § 134. Witness accepting bribe. — Whoever, being, or 
 about to be, a witness upon a trial, bearing, or other pro- 
 ceeding, before any court or any officer authorized by 
 the laws of the United States to hear evidence or take 
 testimony, shall receive, or agree or offer to receive, a 
 bribe, upon any agreement or understanding that his 
 testimony shall be influenced thereby, or that he will 
 absent himself from the trial, hearing, or other proceed- 
 ing, or because of such testimony, or such absence, shall 
 be fined not more than two thousand dollars, or im- 
 prisoned not more than two years or both. 
 
 § 135. Intimidation or corruption of witness, or grand 
 or petit juror, or officer. — Whoever corruptly, or by 
 threats or force, or by any threatening letter- or com- 
 munication, shall endeavor to influence, intimidate, or 
 impede any witness, in any court of the United States 
 or before any United States commissioner or officer act- 
 ing as such commissioner, or any grand or petit juror, 
 or officer in or of any court of the United States, or officer 
 who may be serving at any examination or other pro- 
 ceeding before any United States commissioner or officer 
 acting as such commissioner, in the discharge of his duty, 
 or who corruptly or by threats or force, or by any threat- 
 ening letter or threatening communication, shall influence, 
 obstruct, or impede, or endeavor to influence, obstruct, or 
 impede, the due administration of justice therein, shall 
 be fined not more than one thousand dollars, or impris- 
 oned not more than one year or both. (R. S., ss. 5399, 
 5404.) 
 
 Fx parte Robinson, 19 Wall., 505; 39 Fed. Rep.. 603; In re Neagle, 39 
 
 In re Savin, 131 U. S., 267; In re Fed. Rep., 833; U. S. v. Thomas, 47 
 
 Neagle, 135 U. S., 63; Petibone v. Fed. Rep., 807; U. S. v. Armstrong 59 
 
 U. S., 148 U. S., 197; U. S. v. Memphis Fed. Rep., 568; In re Brule, 71 ^ert. 
 
 R. Co., 6 Fed. Rep., 237; U. S. v. Kil- Rep., 943; U. S. v. McLeod, 119 Fed. 
 
 Patrick, 16 Fed. Rep., 765; Sharon v. Rep., 416; U. S. v. Bittmger, 15 Am. 
 
 Hill, 24 Fed. Rep., 726; U. S. v. L. Reg. (N. S.), 49. 
 Polite. 35 Fed. Rep., 58; U. S. v. Kee, 
 
 § 136. Conspiracy to intimidate party, witness, or 
 juror. — If two or more persons conspire to deter by force, 
 intimidation, or threat, any party or witness in any court 
 of the United States, or in any examination before United 
 States commissioner or officer acting as such commis- 
 sioner, from attending such court or examination, or from 
 testifying to any matter pending therein, freely, fully,
 
 812 Federal Criminal Law Procedure. 
 
 and truthfully, or to injure such party or witness in his 
 person or property on account of his having so attended 
 or testified, or to* influence the verdict, presentment, or 
 indictment of any grand or petit juror in any such court, 
 or to injure such juror in his person or property on ac- 
 count of any verdict, presentment, or indictment lawfully 
 assented to by him, or on account of his being or having 
 been such juror, each of such persons shall be fined not 
 more than five thousand dollars, or imprisoned not more 
 than six years, or both. (R. S., s. 5406.) 
 
 Todd v. U. S., 158 U. S., 278; U. 
 S. v. Price, 96 Fed. Rep., 960. 
 
 § 137. Attempt to influence juror.— Whoever shall at- 
 tempt to influence the action or decision of any grand or 
 petit juror of any court of the United States upon any 
 issue or matter pending before such juror, or before the 
 jury of which he is a member, or pertaining to his duties, 
 by "writing or sending to him any letter or any com- 
 munication, in print or writing, in relation to such issue 
 or matter, shall be fined not more than one thousand dol- 
 lars, or imprisoned not more than six months, or both. (R. 
 S., s. 5405.) 
 
 U. S. v. Kilpatrick, 16 Fed. Rep.. 
 765. 
 
 § 138. Allowing prisoner to escape. — Whenever any 
 marshal, deputy marshal, ministerial officer, or other per- 
 son has in his custody any prisoner by virtue of process 
 issued under the laws of the United States by any court, 
 judge, or commissioner, and such marshal, deputy mar- 
 shal ministerial, or other person voluntarily suffers such 
 prisoner to escape, he shall be fined not more than two 
 thousand dollars, or imprisoned not more than two years, 
 or both. (R. S., s. 5409.) 
 
 ^ 139. Application of preceding section. — The pre- 
 ceding section shall be construed to apply not only to 
 cases in which the prisoner who escaped was charged 
 or found guilty of an offense against the laws of the 
 United States, and to cases in which the prisoner may 
 be in custody charged with offenses against any foreign 
 government with which the United States have treaties 
 dt' extradition, but also to cases in which the prisoner 
 may l»c held in custody for removal to or from the Philip-
 
 Offenses Against Public Justice. 813 
 
 pine Islands as provided by law. (R. S., s. 5410. 6 Feb., 
 1905, 33 Stat., L., 698, c. 454, s. 2.) 
 
 § 140. Obstructing process or assaulting officer. — 
 Whoever shall knowingly and willfully obstruct, resist, or 
 oppose any officer of the United States, or other 
 person duly authorized, in serving, or attempting 
 to serve or execute, any mesne process or war- 
 rant, or any rule or order, or any other legal 
 or judicial writ or process of any court of the 
 United States, or United States commissioner, or shall 
 assault, beat, or wound any officer or other person duly 
 authorized, knowing him to be such officer, or other per- 
 son so duly authorized, in serving or executing any such 
 writ, rule, order, process, warrant, or other legal or judi- 
 cial writ or process, shall be fined not more than three 
 hundred dollars and imprisoned not more than one year. 
 (R. S., s. 5398.) 
 
 U. S. v. Bachelder, 2 Gall., 15, 24 Dill., 212, 27 Fed. Cas., 1161; U. S. 
 
 Fed. Cas., 931; U. S. v. Fears, 3 Wood, v. Slaymaker, 4 Wash., 169, 27 Fed. 
 
 510, 25 Fed. Cas., 1053; U. b. \ Cas., 1127; U. S. v. Stowell, Curt., 153, 
 
 Hudson, 1 Haskell, 527, 28 Fed. Cas.. 27 Fed. Cas., 1350; U. S. v. Tinkle- 
 
 406; U. S. v. Keen, 5 Mason, 453, 26 paugh, 3 Blatch., 425, 28 Fed. Cas., 
 
 Fed. Cas., 693; U. S. v. Lowery, 2 193; U. S. v. Huff, 13 Fed. Rep., 630, 
 
 Wash., 169, 26 Fed. Cas., 1008; U. S. 639; U. S. v. Martin, 17 Fed. Rep., 150; 
 
 v. Lukins, 3 Wash., 335, 26 Fed. Cas.. U. S. v. Terry, 41 Fed. Rep., 771; 
 
 1011; U. S. v. McDonald, S Biss., 439. Blake v. U. S., 71 Fed. Rep., 286; 
 
 26 Fed. Cas., 1074; U. S. v. Smith, 1 U. S. v. Mullin, 71 Fed. Rep., 682. 
 
 § 141. Rescuing, etc., prisoner; concealing, etc., per- 
 son for whom warrant has issued. — Whoever shall res- 
 cue or attempt to rescue, from the custody of any officer 
 or person lawfully assisting him, any person arrested 
 upon a warrant or other process issued under the pro- 
 visions of any law of the United States, or shall, directly 
 or indirectly, aid, abet, or assist any person so arrested 
 to escape from the custody of such officer or other per- 
 son, or shall harbor or conceal any person for whose 
 arrest a warrant or process has been so issued, so as to 
 prevent his discovery and arrest, after notice or knowl- 
 edge of the fact that a warrant or process has been issued 
 for the apprehension of such person, shall be fined not 
 more than one thousand dollars, or imprisoned not more 
 than six months, or both. (R. S., ss. 5401, 5516.) 
 
 § 142. Rescue at execution. — Whoever, by force, shall 
 set at liberty or rescue any person found guilty in any 
 court of the United States of any capital crime, while
 
 
 814 Federal Criminal Law Procedure. 
 
 going to execution or during execution, shall be fined 
 not more than twenty-five thousand dollars and impris- 
 oned not more than twenty-five years. (R. S., s. 5400.) 
 
 § 143. Rescue of prisoner. — Whoever, by force, shall 
 set at liberty or rescue any person who, before conviction, 
 stands committed for any capital crime; or whoever, by 
 force, shall set at liberty or rescue any person committed 
 for or convicted of any offense other than capital, shall be 
 fined not less than five hundred dollars and imprisoned 
 not more than one year. (R. S., s. 5401.) 
 
 § 144. Rescue of body of executed offender. — Who- 
 ever, by force, shall rescue or attempt to rescue, from 
 the custodv of any marshal or his officer, the dead bodv 
 of an executed offender, while it is being conveyed to a 
 place of dissection, as provided by section three hundred 
 and thirty-one hereof, or by force shall rescue or attempt 
 to rescue such body from the place where it has been de- 
 posited for dissection in pursuance of that section, shall 
 be fined not more than one hundred dollars, or imprisoned 
 not more than one year, or both. (R. S., s. 5402.) 
 
 § 145. Extortion by internal-revenue informers. — 
 Whoever shall, under a threat of informing, or as a 
 consideration for not informing, against any violation 
 of any law of the United States, demand or receive any 
 money or other valuable thing, shall be fined not more 
 than two thousand dollars, or imprisoned not more than 
 one year, or both. (R. S., s. 5484.) 
 
 § 146. Misprision of felony. — Whoever, having knowl- 
 edge of the actual commission of the crime of murder 
 or other felony cognizable by the courts of the United 
 States, conceals and does not as soon as may be disclose 
 and make known the same to some one of the judges or 
 other persons in civil or military authority under the 
 dollars, or imprisoned not more than three years, or both. 
 United States, shall be fined not more than five hundred 
 (R. S., s. 5390.)
 
 CHAPTER SEVEN. 
 
 OFFENSES AGAINST THE CURRENCY, COINAGE, ETC. 
 
 § 147. "Obligation or other security of the United States" defined. 
 
 148. Forging or counterfeiting United States securities. 
 
 149. Counterfeiting national-bank notes. 
 
 150. Using plates to print notes without authority, etc. 
 
 151. Passing, selling, concealing, etc., Gorged obligations. 
 
 152. Taking impressions of tools, implements, etc. 
 
 153. Having in possession unlawfully such impressions. 
 
 154. Buying, selling, or dealing in forged bonds, notes, etc. 
 
 155. Secreting or removing tools or material used for printing 
 
 bonds, notes, stamps, etc. 
 
 156. Counterfeiting notes, bonds, etc., of foreign governments. 
 
 157. Passing such forged notes, bonds, etc. 
 
 158. Counterfeiting notes of foreign banks. 
 
 159. Passing such counterfeit bank notes. 
 
 160. Having in possession such forged notes, bonds, etc. 
 
 161. Having unlawfully in possession or using plates for such notes, 
 
 bonds, etc. 
 
 162. Connecting parts of different instruments. 
 
 163. Counterfeiting gold or silver coins or bars. 
 
 164. Counterfeiting minor coins. 
 
 165. Falsifying, mutilating, or lightening coinage. 
 
 166. Debasement of coinage by officers of the mint. 
 
 167. Making or uttering coins in resemblance of money. 
 
 168. Making or issuing devices of minor coins. 
 
 169. Counterfeiting, etc., dies for coins of United States 
 
 170. Counterfeiting, etc., dies for foreign coins. 
 
 171. Making, importing, or having in possession tokens, prints, 
 
 etc., similar to United States or foreign coins. 
 
 172. Counterfeit obligating securities, coins, or material for counter- 
 
 feiting, to be forfeited. 
 
 173. Issuance of search warrant for suspected counterfeits, etc., 
 
 forfeiture. 
 
 174. Circulating bills of expired corporations. 
 
 175. Imitating national-bank notes with printed advertisements 
 
 thereon. 
 
 176. Mutilating or defacing national-bank notes. 
 
 177. Imitating United States securities or printing business cards 
 
 on them. 
 
 178. Notes of less than one dollar not to be issued. 
 
 § 147. "Obligation or other security of the United 
 States." denned. — The words "obligation or other se- 
 
 (815)
 
 816 Federal Criminal Law Procedure. 
 
 curity of the United States" shall be held to mean all 
 bonds, certificates of indebtedness, national bank cur- 
 rency, coupons, United States notes, Treasury notes, gold 
 certificates, silver certificates, fractional notes, certifi- 
 cates of deposit, bills, checks, or drafts for money, drawn 
 by or upon authorized officers of the United States, 
 stamps and other representatives of value, of whatever 
 denomination, which have been or may be issued under 
 any act of Congress. (R. S., s. 5413. 28 Feb., 1878, 20 
 Stat. L., 26 c. 20, s. 3; 1 Supp., 152. 
 
 U. S. v. Bennett, 17 Blatch., 357, Houghton, 7 Fed. Rep., 657, 8 Fed. 
 24 Fed. Cas., 1107; U. S. v. Trout, 4 Rep., 897; U. S. v. Albert, 45 Feu. 
 Biss., 105, 28 Fed. Cas., 223; Ex parte Rep., 552. 
 
 § 148. Forging or counterfeiting United States secu- 
 rities. — Whoever, with intent to defraud, shall falsely 
 make, forge, counterfeit, or alter any obligation or other 
 security of the United States shall be fined not more than 
 five thousand dollars and imprisoned not more than fif- 
 teen years. (R. S., s. 5414.) 
 
 U. S. v. Coppersmith 4 Fed. Rep.. S. v. Owens, 37 Fed. Rep., 112; U. 
 
 198; U. S. v. Field, 16 Fed. Rep., 778; S. v. Albert, 45 Fed. Rep., 552; Neall 
 
 U. S. v. Crecilius, 34 Fed. Rep., 30; v. U. S., 118 Fed. Rep. 699. 
 U. S. v. Jolly, 37 Fed. Rep., 108; U. 
 
 § 149. Counterfeiting national-bank notes. — Whoever 
 shall falsely make, forge, or counterfeit, or cause or pro- 
 cure to be made, forged, or counterfeited, or shall will- 
 ingly aid or assist in falsely making, forging, or counter- 
 feiting, any note in imitation of, or purporting to be an 
 imitation of, the circulating notes issued by any bank- 
 ing association now or hereafter authorized and acting 
 under the laws of the United States; or whoever shall 
 pass, utter, or publish, or attempt to pass, utter, or pub- 
 lish, any false, forged, or counterfeited note, purporting 
 to be issued by any such association doing a banking 
 business, knowing the same to be falsely made, forged, or 
 counterfeited; or whoever shall falsely alter, or cause or 
 procure to be falsely altered, or shall willingly aid or as- 
 sist in falsely altering, any such circulating notes, or shall 
 pass, utter, or publish, or attempt to pass, utter or pub- 
 lish as true, any falsely altered or spurious circulating 
 note issued, or purporting to have been issued, by any 
 such hanking association, knowing the same to be falsely 
 altered or spurious, shall be fined not more than one
 
 Offenses Against the Currency, Coinage, Etc. 817 
 
 thousand dollars and imprisoned not more than fifteen 
 years. (R. S., s. 5415.) 
 
 U. S. v. Bennett, 17 Blatch., 357, 24 Fed. Rep., 751; Logan v. U. S., 123 
 
 Fed. Cas., 1107; Ex parte Houghton, Fed. Rep., 291; Thompson v. U. S., 
 
 7 Fed. Rep., 657; U. S. v. Crecilius. 144 Fed. Rep., 14; Gallagher v. U. 
 
 34 Fed. Rep., 30; U. S. v. Owens, 37 S., 144 Fed. Rep., 87. 
 Fed. Rep., 112; U. S. v. Wilson, 44 
 
 § 150. Using plates to print notes without authority, 
 etc. — Whoever, having control, custody, or possession of 
 any plate, stone, or other thing, or any part thereof, from 
 which has been printed, or which may be prepared by di- 
 rection of the Secretary of the Treasury for the purpose 
 of printing, any obligation or other security of the Unit- 
 ed States, shall use such plate, stone, or other thing, or 
 any part thereof, or knowingly suffer- the same to be used 
 for the purpose of printing any such or similar obliga- 
 tion or other security, or any part thereof, except as may 
 be printed for the use of the United States by order of 
 the proper officer thereof; or whoever by any way, art, 
 or means shall make or execute, or cause or procure to 
 be made or executed, or shall assist in making or execut- 
 ing any plate, stone, or other thing in the likeness of any 
 plate designated for the printing of such obligation or 
 other security; or whoever shall sell any such plate, 
 stone, or other thing, or bring into the United States or 
 any place subject to the jurisdiction thereof, from any 
 foreign place, any such plate, stone, or other thing, ex- 
 cept under the direction of the Secretary of the Treasury 
 or other proper officer, or with any other intent, in either 
 case, than that such plate, stone, or other thing be used 
 for the printing of the obligations or other securities of 
 the United States; or whoever shall have in his control, 
 custody, or possession any plate, stone, or other thing in 
 any manner made after or in the similitude of any plate, 
 stone, or other thing, from which any such obligation or 
 other security has been printed, with intent to use such 
 plate, stone, or other thing, or to suffer the same to be 
 used in forging or counterfeiting any such obligation or 
 other security, or any part thereof; or whoever shall have 
 in his possession or custody, except under authority from 
 the Secretary of the Treasury or other proper officer, any 
 obligation or other security made or executed, in whole 
 or in part, after the similitude of any obligation or other 
 
 52
 
 818 Fedeeal. Ceiminal Law Peocedube. 
 
 security issued under the authority of the United States, 
 with intent to sell or otherwise use the same; or whoever 
 shall print, photograph, or in any other manner makes or 
 execute, or cause to be printed, photographed, made, or 
 executed, or shall aid in printing, photographing, mak- 
 ing, or executing any engraving, photograph, print, or 
 impression in the likeness of any such obligation or other 
 security, or any part thereof, or shall sell any such en- 
 graving, photograph, print, or impression, except to the 
 United States, or shall bring into the United States or 
 any place subject to the jurisdiction thereof, from any 
 foreign place any such engraving, photograph, print, or 
 impression, except by direction of some proper officer of 
 the United States; or whoever shall have or obtain in his 
 control or possession, after a distinctive paper has been 
 adopted by the Secretary of the Treasury for the obliga- 
 tions and other securities of the United States, any simi- 
 lar paper adapted to the making of any such obligation 
 or other security, except under the authority of the Sec- 
 retary of the Treasury or some other proper officer of the 
 United States, shall be fined not more than five thousand 
 dollars, or imprisoned not more than fifteen vears, or 
 both. (R. S., s. 5430.) 
 
 Rx parte Holcomb, 2 Dill., 392, 12 Fed. Rep., 624; U. S. v. Fitzgerald, 91 
 
 Fed. Cas., 328; U. S. v. Williams, 14 Fed. Rep., 374; U. S. v. Barnett, 111 
 
 Fed. Rep., 550; Re Wilson, 18 Fed. Fed. Rep., 369; U. S. v. Conners, 111 
 
 Rep., 33; U. S. v. Smith, 40 Fed. Rep., Fed. Rep., 734; U. S. v. Pitts., 112 
 
 755; U. S. v. Sprague, 11 Biss., 376, Fed. Rep., 522; Krakowski v. U. S., 
 
 48 Fed. Rep., 828; U. S. v. Stevens, 161 Fed. Rep., 88. 
 52 Fed. Rep., 120; U. S. v. Kuhl, 85 
 
 § 151. Passing, selling, concealing, etc., forged obli- 
 gations. — "Whoever, with intent to defraud, shall pass, 
 utter, publish, or sell, or attempt to pass, utter, publish, 
 or sell, or shall bring into the United States or any place 
 subject to the jurisdiction thereof, with intent to pass, 
 publish, utter, or sell, or shall keep in possession or con- 
 ceal with like intent, any falsely made, forged, counter- 
 feited, or altered obligation or other security of the Unit- 
 ed States, shall be fined not more than five thousand dol- 
 lars and imprisoned not more than fifteen vears. (R. S. 
 - 5431.) 
 
 U. S. v. Marcus, 53 U. S., 784; U. Cas., 80; U. S. v. Trout, 4 Biss., 105, 
 
 S. v. Carll, 105, U. S., 611: Dunbar 28 Fed. Cas., 223; U. S. v. Williams, 
 
 v. U. S., 156 U. S.. 185; U. S. v. 4 Biss., 302, 28 Fed. Cas., 635; U. S. 
 
 Nelson, 1 Abb. U. S., 135, 27 Fed. v. Jolly, 37 Fed. Rep., 108; U. S. v.
 
 Offenses Against the Currency, Coinage, Etc. 819 
 
 Owens, 37 Fed. Rep., 112, U. S. v. Howell, 64 Fed. Rep., 110; U. S. v. 
 
 Clarke, 38 Fed. Rep., 500; U. S. v. Tarants, 74 Fed. Rep., 219; U. S. v. 
 
 Holmes, 40 Fed. Rep., 750; U. S. v. Beebe, 149 Fed. Rep., 618. 
 
 Albert, 45 Fed. Rep., 552; U. S. v. 
 
 § 152. Taking impressions of tools, implements, etc. 
 Whoever, without authority from the United States, shall 
 take, procure, or make, upon lead, foil, wax, plaster, 
 paper, or any other substance or material, an impression, 
 stamp, or imprint of, from, or by the use of any bedplate, 
 bedpiece, die, roll, plate, seal, type or other, tool, imple- 
 ment, instrument, or thing used or fitted or intended to 
 be used in printing, stamping, or impressing, or in mak- 
 ing other tools, implements, instruments, or things to be 
 used or fitted or intended to be used in printing, stamp- 
 ing, or impressing any kind or description of obligation 
 or other security of the United States now authorized or 
 hereafter to be authorized by the United States, or cir- 
 culating note or evidence of debt of any banking associa- 
 tion under the laws thereof, shall be fined not more than 
 five thousand dollars or imprisoned not more than ten 
 years, or both. (R. S., s. 5432.) 
 
 U. S. v. Bennett, 17 Blatch., 357, 24 
 Fed. Cas., 1107. 
 
 § 153. Having in possession unlawfully such impres- 
 sions. — Whoever, with intent to defraud, shall have in his 
 possession, keeping, custody, or control, without author- 
 ity from the United States, any imprint, stamp, or im- 
 pression, taken or made upon any substance or material 
 whatsoever, of any tool, implement, instrument, or thing, 
 used, or fitted or intended to be used, for any of the pur- 
 poses mentioned in the preceding section; or whoever, 
 with intent to defraud, shall sell, give, or deliver any such 
 imprint, stamp, or impression to any other person, shall 
 be fined not more than five thousand dollars, or imprison- 
 ed not more than ten years, or both. (R. S., s. 5433.) 
 
 § 154. Buying, selling, or dealing in forged bonds, 
 notes, etc. — Whoever shall buy, sell, exchange, transfer, 
 receive, or deliver, any false, forged, counterfeited, or 
 altered obligation or other security of the United States, 
 or circulating note of any banking association organized 
 or acting under the laws thereof, which has been or may 
 hereafter be issued by virtue of any act of Congress, with 
 the intent that the same be passed, published, or used as
 
 820 Federal Criminal Law Procedure. 
 
 true and genuine, shall be fined not more than five thous- 
 and dollars, or imprisoned not more than ten years, or 
 both. (R. S., s. 5434.) 
 
 § 155. Secreting or removing tools or material used 
 for printing bonds, notes, stamps, etc. — Whoever, without 
 authority from the United States, shall secrete within, 
 embezzle, or take and carry away from any building, 
 room, office, apartment, vault, safe, or other place where 
 the same is kept, used, employed, placed, lodged, or de- 
 posited by authority of the United States, any bedpiece, 
 bedplate, roll, plate, die, seal, type, or other tool, imple- 
 ment or thing used or fitted to be used in stamping or 
 printing or in making some other tool or implement used 
 or fitted to be used in stamping or printing, any kind or 
 description of bond, bill, note, certificate, coupon, post- 
 tage stamp, revenue stamp, fractional currency note, 
 or other paper, instrument, obligation, devise, or doc- 
 ument, now or hereafter authorized by law to be 
 printed, stamped, sealed, prepared, issued, uttered, or 
 put in circulation on behalf of the United States; or 
 whoever, without such authority, shall so secrete, em- 
 bezzle, or take and carry away any paper, parchment, 
 or other material prepared and intended to be used in 
 the making of any such papers, instruments, obliga- 
 tions, devices, or documents; or whoever, without such 
 authority, shall so secrete, embezzle, or take and carry 
 away any paper, parchment, or other material printed 
 or stamped, in whole or part, and intended to be pre- 
 pared, issued, or put in circulation on behalf of the 
 United States as one of the' papers, instruments, or ob- 
 ligations hereinbefore named, or printed or stamped, in 
 whole or part, in the similitude of any such paper, instru- 
 ment, or obligation, whether intended to issue or put the 
 same in circulation or not, shall be fined not more than 
 five thousand dollars, or imprisoned not more than ten 
 years, or both. (R. S., s. 5453.) 
 
 .: L56. Counterfeiting notes, bonds, etc., of foreign 
 governments. — Whoever, within the United States or any 
 place subject to the jurisdiction thereof, with intent to 
 defraud, shall falsely make, alter, forge, or counterfeit 
 any bond, certificate, obligation, or other security in imi-
 
 Offenses Against the Currency, Coinage, Etc. 821 
 
 tation of, or purporting to be an imitation of, any bond, 
 certificate, obligation, or other security of any foreign 
 government, issued or put fourth under the authority of 
 such foreign government, or any treasury note, bill or 
 promise to pay issued by such foreign government, and 
 intended to circulate as money, either by law, order, or de- 
 cree of such foreign government; or whoever shall cause 
 or procure to be so falsely made, altered, forged, or count- 
 erfeited, or shall knowingly aid or assist in making, al- 
 tering, forging, or counterfeit ig, any such bond, certifi- 
 cate, obligation, or other security, or any such treasury 
 note, bill, or promise to pay, intended as aforesaid to cir- 
 culate as money, shall be fined not more than five thou- 
 sand dollars and imprisoned not more than five years. 
 (16 May, 1884, 23 Stat. L., 22, c. 52, s. 1; 1 Supp., 429.) 
 
 U. S. v. Arjona, 120 U. S., 479; U. Rep., 200; Bliss v. U. S. 105 Fed. 
 S. v. White, 25 Fed. Rep., 716, 27 Fed. Rep., 508. 
 
 § 157. Passing such forged notes, bonds, etc. — Who- 
 ever, within the United States or any place subject to 
 the jurisdiction thereof, knowingly and with intent to de- 
 fraud, shall utter, pass, or put off, in payment or negotia- 
 tion, any false, forged, or counterfeited bond, certificate, 
 obligation, security, treasury note, bill, or promise to pay, 
 mentioned in the section last preceding, whether the same 
 was made, altered, forged, or counterfeited within the 
 United States or not, shall be fined not more than three 
 thousand dollars and imprisoned not more than three 
 years. (16 May 1884, 23 Stat. L., 23, c. 52, s. 2; 1 Supp. 
 429.) 
 
 § 158. Counterfeiting notes on foreign banks. — Who- 
 ever, within the United States or any place subject to the 
 jurisdiction thereof, with intent to defraud, shall false- 
 ly make, alter, forge or counterfeit, or cause or procure 
 to be so falsely made, altered, forged, or counterfeited, 
 or shall knowingly aid and assist in the false making, al- 
 tering, forging, or counterfeiting of any bank note or bill 
 issued by a bank or corporation of any foreign country, 
 and intended by the law or usage of such foreign country 
 to circulate as money, such bank or corporation being 
 authorized by the laws of such country, shall be fined not 
 more than two thousand dollars and imprisoned not more
 
 822 Federal Criminal Law Procedure. 
 
 than two years. (16 May, 1884, 23 Stat. L., 23, c. 52, s. 3; 
 1 Supp., 429.) 
 
 U. S. v. Arjona, 120 U. S., 479. 
 
 § 159. Passing such counterfeit bank notes. — Who- 
 ever, within the United States or any place subject to the 
 jurisdiction thereof, shall utter, pass, put off, or tender 
 in payment, with intent to defraud, any such false, forged 
 altered, or counterfeited bank note or bill, as mentioned in 
 the preceding section, knowing the same to be so false, 
 forged, altered, and [or] counterfeited, whether the same 
 was made, forged, altered, or counterfeited within the 
 United States or not, shall be fined not more than one 
 thousand dollars and imprisoned not more than one vear. 
 (16 May, 1884, 23 Stat, L., 23, c. 52, s. 4; 1 Supp., 429.) 
 
 § 160. Having in possession such forged notes, bonds, 
 etc. — Whoever, within the United States or any place 
 subject to the jurisdiction thereof, shall have in his pos- 
 session any false, forged, or counterfeit bond, certificate, 
 obligation, security. Treasury note, bill, promise to pay, 
 bank note, or bill issued by a bank or corporation of any 
 foreign country, with intent to utter, pass, or put off the 
 same, or to deliver the same to any other person with 
 intent that the same may thereafter be uttered, passed, 
 or put off as true, or shall knowingly deliver the same to 
 any other person with such intent, shall be fined not more 
 than one thousand dollars and imprisoned not more than 
 one year. (16 May, 1884, 23 Stat. L., 23, c. 52, s. 5; 1 
 Supp., 429.) 
 
 § 161. Having unlawfully in possession or using 
 plates for such notes, bonds, etc. — Whoever, within the 
 United States or any place subject to the jurisdiction 
 thereof, except by lawful authority, shall have control, 
 custody, or possession of any plate, stone, or other thing, 
 or any part thereof, from which has been printed or may 
 be printed any counterfeit note, bond, obligation, or other 
 security, in whole or in part of any foreign government, 
 bank, or corporation, or shall use such plate, stone, or 
 other thing, or knowingly permit or suffer the same to be 
 used in counterfeiting such foreign obligations, or any 
 pari thereof; or whoever shall make or engrave, or cause 
 or procure to be made or engraved, or shall assist in mak-
 
 Offenses Against the Currency, Coinage, Etc. 823 
 
 ing or engraving, any plate, stone, or other thing, in the 
 likeness or similitude of any plate, stone, or other thing 
 designated for the printing of the genuine issues of the 
 obligations of any foreign government, bank, or corpora- 
 tion; or whoever shall print, photograph, or in any other 
 manner make, execute, or sell, or cause to be printed, 
 photographed, made, executed, or sold, or shall aid in 
 printing, photographing, making, executing, or selling, 
 any engraving, photograph, print, or impression in the 
 likeness of any genuine note, bond, obligation, or other se- 
 curity, or any part thereof, of any foreign government, 
 bank or corporation; or whoever shall bring into the 
 United States or any place subject to the jurisdiction 
 thereof, any counterfeit plate, stone, or other thing, or 
 engraving, photograph, print, or other impressions of 
 the notes, bonds, obligations or other securities of any 
 foreign government, bank, or corporation, shall be fined 
 not more than five thousand dollars, or imprisoned not 
 more than five vears, or both. (16 May, 1884, 23 Stat. 
 L., 23, c. 52, s. 6; 1 Supp., 429.) 
 
 U. S. v. Arjona, 120 U. S., 479. 
 
 § 162. Connecting parts of different instruments. — 
 "Whoever shall so place or connect together different parts 
 of two or more notes, bills, or other genuine instruments 
 issued under the authority of the United States, or by any 
 foreign government, or corporation, as to produce one in- 
 strument with intent to defraud, shall be deemed guilty of 
 forgery in the same maimer as if the parts so put together 
 were falsely made or forged, and shall be fined net more 
 than one thousand dollars, or imprisoned not more than 
 five years, or both. 
 
 § 163. Counterfeiting gold or silver coins, or bars. — 
 Whoever shall falsely make, forge, or counterfeit, or cause 
 or procure to be falsely made, forged, or counterfeited, or 
 shall willingly aid or assist in falsely making, forging, or 
 counterfeiting any coin or bars in resemblance or simil- 
 tude of the gold or silver coins or bars which have been, 
 or hereafter may be, coined or stamped at the mints and. 
 assays offices of the United States, or in resemblance or 
 similitude of any foreign gold or silver coin which by law 
 is, or hereafter may be, current in the United States, or are
 
 824 Federal Criminal Law Procedure. 
 
 in actual use and circulation as money within the United 
 States; or whoever shall pass, utter, publish, or sell, or at- 
 tempt to pass, utter, publish, or sell or bring into the Unit- 
 ed States or any place suject to the jurisdiction thereof, 
 from any foreign place, knowing the same to be false, 
 forged, or counterfeit, with intent to defraud any body 
 politic or corporate, or any person or persons whomso- 
 ever, or shall have in his possession any such false, forged, 
 or counterfeited coin or bars, knowing the same to be 
 false, forged or counterfeited, with intent to defraud any 
 body politic or corporate or any person or persons whom- 
 soever, shall be fined not more than five thousand dollars 
 and imprisoned not more than ten years. (R. S., s. 5457. 
 16 Jan., 1877, 19 Stat. L., 223, c. 24; 1 Supp., 128.) 
 
 U. S. v. Gardner, 10 Pet., 618; U. v. Abrams, 18 Fed. Rep., 823; U. S., 
 
 S. v. Marigold, 9 How.. 560; U. S. v. Russell, 22 Fed. Rep., 390; U. S. 
 
 v. Petit. 114 U. S., 429; Statler v. v. Hopkins, 26 Fed. Rep., 443; U. S. 
 
 U. S., 157 U. S.. 277; U. S. v. Burns, v. Otey. 31 Fed. Rep., 68; Ex parte 
 
 5 McLean, 23, 24 Fed. Cas.. 1313; U. Waterman, 33 Fed. Rep., 29; U. S. 
 
 S. v. King. 5 McLean, 208, 26 Fed. v. Owens, 37 Fed. Rep., 112; U. S. v. 
 
 Cas.. 787; LT. S. v. Morrow, 4 Wash., Lehman, 39 Fed. Rep., 768; Ex parte 
 
 C. C, 733, 26 Fed. Cas.. 1352; U. S. Ceisler, 50 Fed. Rep., 411; U. S. v. 
 
 v. Coppersmith, 4 Fed. Rep., 198; U. Howell, 64 Fed. Rep., 110; U. S. v. 
 
 S. v. Yates, 6 Fed. Rep., 861; U. S. Bicksler, 1 Mackey, 341. 
 
 § 164. Counterfeiting minor coins. — Whoever shall 
 falsely make, forge, or counterfeit, or cause or procure to 
 be falsely made, forged, or counterfeited, or shall willing- 
 ly aid or assist in falsely making, forging, or counterfeit- 
 ing any coin in the resemblance or similitude of any of the 
 minor coins which have been, or hereafter may be, coined 
 at the mints of the United States; or whoever shall pass, 
 utter, publish, or sell, or bring into the United States or 
 any place subject to the jurisdiction thereof, from any for- 
 eign place, or have in his possession any such false, forg- 
 et 1, or counterfeited coin, with intent to defraud any per- 
 son whomsoever, shall be fined not more than one thou- 
 sand dollars and imprisoned not more than three years. 
 (R. S., s. 5458.) 
 
 Statler v. U. S., 157 U. S., 277; U. 
 S. v. Bicksler, 1 Mackey, 341. 
 
 !()•"). Falsifying, mutilating, or lightening coinage. — 
 Whoever, fraudulently, by any art, way, or means, shall 
 deface, mutilate, impair, diminish, falsify, scale, or light- 
 en, or cause or procure to be fraudulently defaced, muti- 
 lated, impaired, diminished, falsified, scaled, or lighten- 
 ed, or willingly nid of assist in fraudulently defacing, mu-
 
 Offenses Against the Currency, Coinage, Etc. 825 
 
 tilating, impairing, diminishing, falsifying, scaling, or 
 lightening, the gold or silver coins which have been, or 
 which may hereafter be, coined at the mints of the United 
 States, or any foreign gold or silver coins which are by 
 law made current or are in actual use or circulation 
 as money within the United States or in any place sub- 
 ject to the jurisdiction thereof; or whoever shall pass, ut- 
 ter, publish, or sell or attempt to pass, utter, publish, 
 or sell or bring into the United States or any place 
 subject to the jurisdiction thereof, from any foreign 
 place, knowing the same to be defaced, mutilated, im- 
 paired, diminished, falsified, scaled, or lightened, with in- 
 tent to defraud any person whomsoever, or shall have 
 in his possession any such defaced, mutilated, impaired, 
 diminished, falsified, scaled, or lightened coin, know- 
 ing the same to be defaced, mutilated, impaired, di- 
 minished, falsified, scaled, or lightened, with intent to 
 defraud any person whomsoever, shall be fined not more 
 than two thousand dollars and imprisoned not more 
 than five years. (R. S., s. 5459. 3 Mar., 1897, 29 Stat. L., 
 625, c. 377; 2 Supp., 579.) 
 
 U. S. v. Lissner, 12 Fed. Rep., 840. 
 
 § 166. Debasement of coinage by officers of the mint. 
 — If any of the gold or silver coins struck or coined at 
 any of the mints of the United States shall be debased, or 
 made worse as to the proportion of fine gold or fine silver 
 therein contained, or shall be of less weight or value than 
 the same ought to be, pursuant to law, or if any of the 
 scales or weights used at any of the mints or assay offices 
 of the United States shall be defaced, altered, increased, 
 or diminished through the fault or connivance of any offi- 
 cer or person employed at the said mints' or assay offices, 
 with a fraudulent intent; or if any such officer or person 
 shall embezzle any of the metals at any time committed to 
 his charge for the purpose of being coined, or any of the 
 coins struck or coined at the said mints, or any medals, 
 coins, or other moneys of said mints or assay offices at any 
 time committed to his charge, or of which he may have 
 assumed the charge, every such officer or person who com- 
 mits any of the said offenses shall be fined not more than 
 ten thousand dollars and imprisoned not more than ten 
 years. (R. S., s. 5460.)
 
 826 Federal Criminal Law Procedure. 
 
 § 167. Making or uttering coins in resemblance of 
 money. — Whoever, except as authorized by law, shall 
 make or cause to be made, or shall utter or pass, or at- 
 tempt to utter or pass, any coins of gold or silver or other 
 metal, or alloys of metals, intended for the use and pur- 
 pose of current money, whether in the resemblance of coins 
 of the United States or of foreign countries, or of original 
 design, shall be fined not more than three thousand dol- 
 lars, or imprisoned not more than five years, or both. (R. 
 S., s. 5461.) 
 
 Ex parte Holcomb 2 Dill., 392, 12 S. v. Bogart, 9 Ben., 314, 24 Fed. Cas., 
 Fed. Cas.. 328; U. S. v. Bejandio, I 1185. 
 Woods, 294, 24 Fed. Cas., 1076; U. 
 
 § 168. Making or issuing devices of minor coins. — 
 
 Whoever, not lawfully authorized, shall make, issue, or 
 pass, or cause to be made, issued or passed, any coin, card, 
 token, or device in metal, or its compounds, which may be 
 intended to be used as money for any one-cent, two-cent, 
 three-cent, or five-cent piece, now or hereafter authorized 
 by law, or for coins of equal value, shall be fined not more 
 than one thousand dollars and imprisoned not more than 
 five years. (R. S., s. 5462.) 
 
 U. S. v. Roussopulous, 95 Fed. Rep., 
 977. 
 
 § 169. Counterfeiting, etc., dies for coins of United 
 
 States. — Whoever, without lawful authority, shall make, 
 or cause or procure to be made, or shall willingly aid or 
 assist in making, any die, hub, or mould, or any part there- 
 of, either of steel or plaster, or any other substance what- 
 soever, in the likeness or similitude, as to the design or 
 the inscription thereon, of any die, hub, or mold desig- 
 nated for the coining or making of any of the genuine 
 gold, silver, nickle, bronze, copper, or other coins of the 
 United States, that have been or hereafter may be coined 
 at the mints of the United States; or whoever, without 
 lawful authority, shall have in his possession any such die, 
 lnil), or mold, or any part thereof, or shall permit the same 
 to be used for or in aid of the counterfeiting of any of 
 the coins of the United States hereinbefore mentioned, 
 shall be fined not more than five thousand dollars and 
 imprisoned not more than ten years. (10 Feb., 1891, 26 
 Stat. L., 742, c. 127, s. 1; 1 Supp., 889.) 
 
 U. S. v. Roussopulous, 95 Fed. Rep., 
 977.
 
 Offenses Against the Currency, Coinage, Etc. 827 
 
 § 170. Counterfeiting, etc., dies for foreign coins. — 
 Whoever, within the United States or any place subject to 
 the jurisdiction thereof, without 'lawful authority, shall 
 make, or cause or procure to be made, or shall willingly 
 aid or assist in making, any die, hub, or mold, or any part 
 thereof, either of steel or plaster, or of any other sub- 
 stance whatsoever, in the likeness or similitude, as to the 
 design or the inscription thereon, of any die, hub, or mold 
 designated for the coining of the genuine coin of any for- 
 eign government; or whoever, without lawful authority, 
 shall have in his possession any such die, hub, or mold, or 
 any part thereof, or shall conceal, or knowingly suffer the 
 same to be used for the counterfeiting of any foreign coin, 
 shall be fined not more than two thousand dollars, or im- 
 prisoned not more than five years, or both. (10 Feb., 1891, 
 26 Stat. L., 742, c. 127, s. 2; 1 Supp., 890.) 
 
 § 171. Making, importing, or having in possession 
 tokens, prints, etc., similar to United States or foreign 
 coins. — Whoever, within the United States or any place 
 subject to the jurisdiction thereof, shall make, or cause or 
 procure to be made, or shall bring therein, from any for- 
 eign country, or shall have in possession with intent to 
 sell, give away, or in any other manner, use the same, any 
 business or professional card, notice, placard, token, de- 
 vice, print, or impression, or any other thing whatsoever, 
 in the likeness or similitude as to desi gn, color, or the in- 
 scription thereon, of any of the coins of the United States 
 or of any foreign country that have been or hereafter may 
 be used as money, either under the authority of the Unit- 
 ed States or under the authority of any foreign govern- 
 ment, shall be fined not more than one hundred dollars. 
 But nothing in this section shall be construed to forbid or 
 prevent the printing and publishing of illustrations of 
 coins and medals, or the making of the necessary plates 
 for the same, to be used in illustrating numismatic and 
 historical books and journals and the circulars of legiti- 
 mate publishers and dealers in the same. (10 Feb., 1891 
 26 Stat. L., 742, c. 127, s. 3; 1 Supp., 890, 3 Mar., 1903, 32 
 Stat. L., 1223, c. 1015. 
 
 Kaye v. U. S., 177 Fed. Rep., 147.
 
 828 Federal Criminal Law Procedure. 
 
 § 172. Counterfeit obligations, securities, coins, or ma- 
 terial for counterfeiting, to be forfeited. — All counterfeits 
 of any obligation or other security of the United States or 
 of any foreign government, or counterfeits of any of the 
 coins of the United States or of any foreign government, 
 and all material or apparatus fitted or intended to be used, 
 or that shall have been used, in the making of any of such 
 counterfeit obligation or other security or coins hereinbe- 
 fore mentioned, that shall be found in the possession of 
 any person without authority from the Secretary of the 
 Treasury or other proper officer to have the same, shall be 
 taken possession of by any authorized agent of the Treas- 
 ury Department and forfeited to the United States, and 
 disposed of in any manner the Secretary of the Treasury 
 may- direct. Whoever having the custody or control of 
 any such counterfeits, material, or apparatus shall fail or 
 refuse to surrender possession thereof upon request by 
 any such authorized agent of the Treasury Department, 
 shall be fined not more than one hundred dollars, or im- 
 prisoned not more than one year, or both. (10 Feb., 1891, 
 26 Stat. L., 742, c. 127, s. 4; 1 Supp., 890.) 
 
 § 173. Issue of search warrants in certain cases for 
 suspected counterfeit obligations, securities, or coin, or 
 material for counterfeiting, forfeiture. — The several judg- 
 es of courts established under the laws of the United 
 States and United States commissionrs may upon proper 
 <>ath or affirmation, within their respective jurisdictions, 
 issue a search warrant authorizing any marshal of the 
 United States, or any other person specifically mentioned 
 in such warrant, to enter any house, store, building, boat, 
 or other place named in such warrant, in which there shall 
 appear probable cause for believeing that the manufac- 
 ture of counterfeit money, or the concealment of coun- 
 terfeit money, or the manufacture or concealment of 
 counterfeit obligations or coins of the United States or 
 of any foreign government, or the manufacture or con- 
 cealmenl of dies, hubs, molds, plates, or other things 
 fitted or intended to be used for the manufacture of 
 counterfeit money, coins, or obligations of the United 
 States or of any foreign government, or of any bank 
 doing business under the authority of the United States
 
 Offenses Against the Currency, Coinage, Etc. 829 
 
 or of any State or Territory thereof, or of any bank 
 doing business under the authority of any foreign gov- 
 ernment, or of any political division of any foreign 
 government, is being carried on or practiced, and there 
 search for any such counterfeit money, coins, dies, 
 hubs, molds, plates, and other things, and for any such ob- 
 ligations, and if any such be found, to seize and secure the 
 same and to make return thereof to the proper authority; 
 and all such counterfeit money, coins, dies, hubs, molds, 
 plates, and other things, and all such counterfeit obliga- 
 tions so seized shall be forfeited to the United States. (10 
 Feb., 1891, 26 Stat. L., 743, c. 127, s. 5; 1 Supp., 890.) 
 
 § 174. Circulating bills of expired corporations. — In 
 all cases where the charter of any corporation which has 
 been or may be created by act of Congress has expired or 
 may hereafter expire, if any director, officer, or agent of 
 the corporation, or any trustee thereof, or any agent of 
 such trustee, or any person having in his possession or 
 under his control the property of the corporation for the 
 purpose of paying or redeeming its notes and obligations, 
 shall knowingly issue, reissue, or utter as money, or in any 
 other way knowingly put in circulation any bill, note, 
 check, draft, or other security purporting to have been 
 made by any such corporation whose charter has expired, 
 or by any officer thereof, or purporting to have been made 
 under authority derived therefrom, or if any person shall 
 knowingly aid in any such act, he shall be fined not more 
 than ten thousand dollars, or imprisoned not more than five 
 years, or both. But nothing herein shall be construed to 
 make it unlawful for any person, not being such director, 
 officer, or agent of the corporation, or any trustee thereof, 
 or any agent of such trustee, or any person having in his 
 possession or under his control the property of the cor- 
 poration for the purpose hereinbefore set forth, who has 
 received or may hereafter receive such bill, note, check, 
 draft, or other security, bona fide and in the ordinarv 
 transactions of business, to utter as money or otherwise 
 circulate the same. (R. S., s. 5437.) 
 
 § 175. Imitating national banking notes with printed 
 advertisements, thereon. — It shall not be lawful to design, 
 engrave, print, or in any manner make or execute, or to
 
 830 Federal Criminal Law Procedure. 
 
 utter, issue, distribute, circulate, or use any business or 
 professional card, notice, placard, circular, handbill, or 
 advertisement in the likeness or similitude of any circu- 
 lating note or other obligation or security of any banking 
 association organized or acting under the laws of the Unit- 
 ed States which has been or may be issued under any act 
 of Congress, or to write, print, or otherwise impress upon 
 any such note, obligation, or security, any business or pro- 
 fessional card, notice or advertisement, or any notice or 
 advertisement of any matter or thing whatever. Whoever 
 shall violate any provision of this section shall be fined not 
 more than one hundred dollars or imprisoned not more 
 than six months, or both. (R. S., s. 5188.) 
 
 U. S. v. Laescki, 29 Fed. Rep., 699. 
 
 a 
 
 § 176. Mutilating or defacing national-bank note.— 
 "Whoever shall mutilate, cut, deface, disfigure, or perfo- 
 rate with holes, or unite or cement together, or do any 
 other thing to any bank bill, draft, note, or other evidence 
 of debt, issued by any national banking association, or 
 shall cause or procure the same to be done, with intent to 
 render such bank bill, draft, note, or other evidence of 
 debt unfit to be reissued by said association, shall be fined 
 not more than one hundred dollars, or imprisoned not 
 more than six months, or both. (R. S., s. 5189.) 
 
 § 177. Imitating United States securities or print- 
 ing business, cards on them. — It shall not be lawful to de- 
 sign, engrave, print, or in any manner make or execute or 
 to utter, issue, distribute, circulate, or use, any business 
 or professional card, notice, placard, circular, handbill, or 
 advertisement, in the likeness or similitude of any bond, 
 certificate of indebtedness, certificate of deposit, coupon, 
 United States note, Treasury note gold certificate, silver 
 certificate, fractional note, or other obligation or security 
 of the United Slates which has been or may be issued un- 
 der or authorized by any act of Congress heretofore passed 
 or which may hereafter be passed; or to write, print, or 
 otherwise impress upon any such instrument, obligation, 
 or security, any business or professional card, notice, or 
 advertisement, or any notice or advertisement, or any 
 matter or thing whatever Whoever shall violate any
 
 Offenses Against the Currency, Coinage, Etc. 831 
 
 provision of this section shall be fined not more than five 
 hundred dollars. (R. S., s. 3708.) 
 
 U. S. v. Laescki, 29 Fed. Rep., 699. 
 
 § 178. Notes of less than one dollar not to be issued. — 
 No person shall make, issue, circulate, or pay out any 
 note, check, memorandum, token, or other obligation for 
 a less sum than one dollar, intended to circulate as 
 money or to be received or used in lieu of" lawful money 
 of the United States; and every person so offending shall 
 be fined not more than five hundred dollars, or impris- 
 oned not more than six months, or both. (R. S., s. 3583.)
 
 CHAPTER EIGHT. 
 
 OFFENSES AGAINST THE POSTAL SERVICE. 
 
 § 179. Conducting post-office without authority. 
 
 180. Illegal carrying of mail by carriers and others. 
 
 181. Conveyance of mail by private express forbidden. 
 
 182. Transporting persons unlawfully conveying mail. 
 
 183. Sending letters by private express. 
 
 184. Conveying of letters over post routes. 
 
 185. Carrying letters out of the mail on board of vessel. 
 
 186. When conveying letters by private persons is lawful. 
 
 187. Wearing uniform of carrier without authority. 
 
 188. Vehicles, etc., claiming to be mail carriers. 
 
 189. Injuring mail bags, etc. 
 
 190. Stealing post-office property. 
 
 191. Stealing or forging mail locks or keys. 
 
 192. Breaking into and entering post-office. 
 
 193. Unlawfully entering postal car, etc. 
 
 194. Stealing, secreting, embezzlement, etc., mail matter or con. 
 
 tents. 
 
 195. Postmaster or employee of postal service detaining, destroying, 
 
 or embezzling letters, etc. 
 
 196. Postmaster, etc., detaining or destroying newspapers. 
 
 197. Assaulting mail carrier with intent to rob, and robbing mail. 
 
 198. Injuring letter boxes or mail matter, assaulting carrier, etc. 
 
 199. Deserting the mail. 
 
 200. Delivery of letters by master of vessel. 
 
 201. Obstructing the mail. 
 
 202. Ferryman delaying the mail. 
 
 203. Letters carried in a foreign vessel to be deposited in a post- 
 
 office. 
 
 204. Vessels to deliver letters at post-office; oath. 
 
 205. Using, selling, etc., cancelled stamps; removing cancellation 
 
 marks from stamps, etc. 
 
 206. False returns to increase compensation. 
 
 207. Collection of unlawful postage forbidden. 
 
 208. Unlawful pledging or sale of stamps. 
 
 209. Failure to account for postage and to cancel stamps, etc., by 
 
 officials. 
 
 210. Issuing money order without payment. 
 
 211. Obscene, etc., matter non-mailable. 
 
 212. Libelous and indecent wrappers and envelopes. 
 
 213. Lottery, gift enterprise, etc., circulars, etc., not mailable. 
 
 214. Postmasters not to be lottery agents. 
 21". Use of mails to promote frauds. 
 
 (832)
 
 Offenses Against the Postal Service. 833 
 
 216. Fraudulently assuming fictitious address. 
 
 217. Poisons and explosives non-mailable. 
 
 218. Counterfeiting money orders. 
 
 219. Counterfeiting postage stamps. 
 
 220. Counterfeiting, etc., foreign stamps. 
 
 221. Inclosing higher class in lower class matter. 
 
 222. Postmaster illegally approving bond, etc. 
 
 223. False evidence as to second-class matter. 
 
 224. Inducing or prosecuting false claims. 
 
 225. Misappropriation of postal funds or property. 
 
 226. Employees not to become interested in contracts. 
 
 227. Fraudulent use of official envelopes. 
 
 228. Fraudulent increase of weight of mail. 
 
 229. Offenses against foreign mail in transit. 
 
 230. Omission to take oath. 
 
 231. Definitions. 
 
 § 179. Conducting post-office without authority. — 
 Whoever, without authority from the Postmaster-General 
 shall set up or profess to keep any office or place of busi- 
 ness bearing the sign, name, or title of post-office, shall 
 be fined not more than five hundred dollars. (R. S., s. 
 3829.) 
 
 § 180. Illegal carrying by carriers and others. — Who- 
 ever, being concerned in carrying the mail, shall collect, 
 receive, or carry any letter or packet, or cause or pro- 
 cure the same to be done, contrary to law, shall be fined 
 not more than fifty dollars, or imprisoned not more than 
 thirty days, or both. (R. S., s. 3981.) 
 
 4 A. G., 276; Op. A. G. McVeagh, 
 June 29, 1881. 
 
 § 181. Conveyance of mail by private express forbid- 
 den. — Whoever shall establish any private express for 
 the conveyance of letters or packets, or in any manner 
 cause or provide for the conveyance of the same by regu- 
 lar trips or at stated periods over any post route which 
 is or may be established by law, or from any city, town, 
 or place, to any other city, town, or place, between which 
 the mail is regularly carried, or whoever shall aid or as- 
 sist therein shall be fined not more than five hundred 
 dollars, or imprisoned not more than six months, or both : 
 Provided, That nothing contained in this section shall be 
 construed as prohibiting any person from receiving and 
 
 53
 
 834 Federal Criminal Law Procedure. 
 
 delivering to the nearest post-office, postal car, or other 
 authorized depository for mail matter, any mail matter 
 properly stamped. 
 
 R. S., s. 3982. 782; U. S. v. Kochersparger, 9 Am. 
 
 3 Mar., 1879, 20 Stat. L., 356, c. 180, L. Reg., 145, 26 Fed. Cas., 803; U. 
 1; 1 Supp., 245. S. v. Pomeroy, 3 N. Y. Leg. Obs., 143, 
 
 1 Mar., 1884, 23 Stat. L., 3, c, 9 
 
 27 Fed. Cas., 588; U. S. v. Thompson, 
 
 1 Supp., 423 U. S. v. Bromley, 12 9 Law Rep., 451, 28 Fed. Cas., 97; 
 
 U. S. v. Express Co., 5 Biss., 91, 28 
 Fed. Cas., 352; Blackham v. Gresham. 
 16 Fed. Rep., 609; U. S. v. Easson. 
 18 Fed. Rep., 609; 4 A. G. Op., 349: 
 14 A. G. Oo., 152; 19 A. G. Op., 670. 
 
 How.. 88; U. S. v. Adams. 1 West, L 
 J., 315, 24 Fed. Cas., 761; U. S. v 
 Gray, 3 Hag, Reg. U. S., 227, 26 Fed 
 Cas., 18; U. S. v. Hal, 9 Am. L. Reg. 
 232, 26 Fled. Cas., 75; U. S. v. Kim 
 ball, 7 Law Rep., 32. 26 Fed. Cas. 
 
 § 182. Transporting persons unlawfully conveying 
 mail. — Whoever, being the owner, driver, conductor, 
 master, or other person having charge of any stagecoach, 
 railway car, steamboat, or other vehicle or vessel, shall 
 knowingly convey or knowingly permit the conveyance 
 of any person acting or employed as a private express for 
 the conveyance of letters or packets, and actually in pos- 
 session of the same for the purpose of conveying them, 
 contrarv to law, shall be fined not more than one hundred 
 and fifty dollars. (R. S., s. 3983.) 
 
 § 183. Sending letters by private express. — Whoever 
 shall transmit by private express or other unlawful 
 means, or deliver to any agent thereof, or deposit or cause 
 to be deposited at any appointed place, for the purpose 
 of being so transmitted, any letter or packet, shall be 
 fined not more than fifty dollars. (R. S., s. 3984.) 
 
 § 184. Conveying letters over post routes. — Whoever, 
 being the owner, driver, conductor, master, or other per- 
 son having charge of any stagecoach, railway car, steam- 
 boat, or conveyance of any kind which regularly performs 
 trips at stated periods on any post route, or from any 
 city, town, or place to any other city, town, or place be- 
 tween which the mail is regularly carried, and which 
 shall carry, otherwise than in the mail, any letters or 
 packets, except such as relate to some part of the cargo 
 of such steamboat or other vessel, to the current business 
 of the carrier, or to some article carried at the same time 
 by the same stage coach, railway car, or other vehicle, 
 except as otherwise provided by law, shall be fined not 
 more than fifty dollars. (R. S., s. 3985.) 
 
 I A. C,. Op., 159; ibid., 276; 21 A. 
 <■. Op., 94; U. S. v. U. S. Exp. Co.. 
 5 Hiss., 91; 28 Fed. Cas., 352.
 
 Offenses Against the Postal Service. 835 
 
 § 185. Carrying letters out of the mail on board ves- 
 sel. — Whoever shall carry any letter or packet on board 
 any vessel which carries the mail, otherwise than in such 
 mail, except as otherwise provided by law, shall be fined 
 not more than fifty dollars, or imprisoned not more than 
 one month, or both. (R. S., s. 3986.) 
 
 § 186. When conveying of letters by private persons 
 is lawful. — Nothing in this chapter shall be construed to 
 prohibit the conveyance or transmission of letters or 
 packets by private hands without compensation, or by 
 special messenger emploved for the particular occasion 
 only. (E. S., s. 3992.) 
 
 4 A. G. Op., 159. 
 
 § 187. Wearing uniform of carrier without authority. 
 — Whoever, not being connected with the letter-carrier 
 branch of the postal service, shall wear the uniform or 
 badge which may be prescribed by the Postmaster-Gen- 
 eral, to be worn by letter carriers, shall be fined not more 
 than one hundred dollars, or imprisoned not more than 
 six month, or both. (R. £}., s. 3867.) 
 
 § 188. Vehicles, etc., claiming to be mail carriers. — 
 It shall be unlawful to paint, print, or in any manner to 
 place upon or attach to any steamboat or other vessel, 
 or any car, stagecoach, vehicle, or other conveyance, not 
 actually used in carrying the mail, the words "United 
 States Mail," or any words, letters, or characters of like 
 import; or to give notice, by publishing in any newspaper 
 or otherwise, that any steamboat or other vessel, or any 
 car, stage-coach, vehicle, or other conveyance, is used in 
 carrying the mail, when the same is not actually so used; 
 and every person who shall violate, and every owner, re- 
 ceiver, lessee, or managing operator thereof, who shall 
 cause, suffer, or permit the violation of any provision of 
 this section, shall be liable, and shall be fined not more 
 than one thousand dollars, or imprisoned not more than 
 two years, or both. (R. S., s. 3979.) 
 
 § 189. Injuring mail bags, etc. — Whoever shall tear, 
 cut, or otherwise injure any mail bag, pouch, or other 
 thing used or designed for use in the conveyance of the 
 mail, or shall draw or break any staple or loosen any part 
 of any lock, chain, or strap attached thereto, with intent
 
 836 Federal Criminal Law Procedure. 
 
 to rob or steal any such mail, or to render the same inse- 
 cure, shall be fined not more than five hundred dollars, 
 or imprisoned not more than three years, or both. (R. 
 S., s. 5476.) 
 
 § 190. Stealing post-office property. — Whoever shall 
 steal, purloin, or embezzle any mail bag or other proper- 
 ty in use by or belonging to the Post-Office Department, 
 or shall appropriate any such property to his own or any 
 other than its proper use, or shall convey away any such 
 property to the hindrance or detriment of the public serv- 
 ice, shall be fined not more than two hundred dollars, or 
 imprisoned not more than three years, or both. (R. S., 
 s. 5475.) 
 
 U. S. v. Williams, 57 Fed. Rep., 201; 
 U. S. v. Yennie, 74 Fed. Rep., 211. 
 
 § 191. Stealing or forging mail locks or keys. — Who- 
 ever shall, steal, purloin, embezzle, or obtain by any false 
 pretense, or shall aid or assist in stealing, purloining, em- 
 bezzling, or obtaining by any false pretense, any key suit- 
 ed to any lock adopted by the Post-Office Department and 
 in use on any of the mails or bags thereof, or any key 
 to any lock box, lock drawer, or other authorized recep- 
 tacle for the deposit or delivery of mail matter; or who- 
 ever shall knowingly and unlawfully make, forge, or coun- 
 terfeit, or cause to be unlawfully made, forged, or coun- 
 terfeited, any such key, or shall have in his possession any 
 such mail lock or key with the intent unlawfully or im- 
 properly to use, sell, or otherwise dispose of the same, or 
 to cause the same to be unlawfully or improperly used, 
 sold, or otherwise disposed of; or whoever, being engaged 
 as a contractor or otherwise in the manufacture of any 
 such mail lock or key, shall deliver or cause to be de- 
 livered, any finished or unfinished lock or key used or 
 designed for use by the Department, or the interior part 
 of any such lock, to any person not duly authorized under 
 the hand of the Postmaster-General and the seal of the 
 Post-Office Department, to receive the same, unless the 
 person receiving it is the contractor for furnishing the 
 same or engaged in the manufacture thereof in the man- 
 ner authorized by the contract, or the agent of such man- 
 ufacturer, shall be fined not more than five hundred dol-
 
 Offenses Against the Postal Service. 837 
 
 lars and imprisoned not more than ten years. (R. S., s. 
 5477.) 
 
 § 192. Breaking into and entering post-office. — Who- 
 ever shall forcibly break into or attempt to break into 
 any post-office, or any building used in whole or in part 
 as a post-office, with intent to commit in such post-office, 
 or building, or part thereof, so used, any larceny or other 
 depredation, shall be fined not more than one thousand 
 dollars and imprisoned not more than five years. (R. S. 
 s. 5478.) 
 
 U. S. v. Campbell, 16 Fed. Rep., v. Shelton, 100 Fed. Rep., 381; Con- 
 
 233; Re Byron, 18 Fed. Rep., 722; U. sidine v. U. S., 112 Fed. Rep., 342; U. 
 
 S. v. Lantry, 30 Fed. Rep., 232; U. S. S. v. Martin, 140 Fed. Rep., 256; So- 
 
 v. Williams, 57 Fed. Rep., 210; U. S. renson v. U. S., 143 Fed. Rep., 820; 
 
 v. Yennie, 74 Fed. Rep., 221; U. S. 168 Fed. Rep., 785. 
 v. Saunders, 77 Fed. Rep., 170; U. S. 
 
 § 193. Unlawfully entering postal car, etc. — Who- 
 ever, by violence, shall enter a post-office car, or any 
 apartment in any car, steamboat, or vessel, assigned to 
 the use of the Mail Service, or shall wilfully or malicious- 
 ly assault or interfere with any postal clerk in the dis- 
 charge of his duties in connection with such car, steam- 
 boat, vessel, or apartment thereof, or shall wilfully aid 
 or assist therein, shall be fined not more than one thou- 
 sand dollars, or imprisoned not more than three years, or 
 both. (3 Mar., 1903, 32 Stat. L., 1176, c. 1009, s. 5.) 
 
 U. S. v. Yennie, 74 Fed. Rep., 221; 
 U. S. v. Shelton, 100 Fed. Rep., 831. 
 
 § 194. Stealing, secreting, embezzling, etc., mail mat- 
 ter or contents. — Whoever shall steal, take, or abstract, 
 or by fraud or deception obtain, from or out of any mail, 
 post-office, or station thereof, or other authorized deposi- 
 tory for mail matter, or from a letter or mail carrier, any 
 letter, postal card, package, bag, or mail, or shall ab- 
 stract or remove from any such letter, package, bag, or 
 mail, any article or thing contained therein, or shall se- 
 crete, embezzle, or destroy any such letter, postal card, 
 package, bag, or mail, or any article or thing contained 
 therein; or whoever shall buy, receive, or conceal, or aid 
 in buying, receiving, or concealing, or shall unlawfully 
 have in his possession, any letter, postal card, package, 
 bag, or mail, or any article or thing contained therein, 
 which has been so stolen, taken, embezzled, or abstract- 
 ed, as herein described, knowing the same to have been
 
 838 
 
 Federal Criminal Law Procedure. 
 
 so stolen, taken, embezzled, or abstracted; or whoevei 
 shall take any letter, postal card, or package, out of any 
 post-office or station thereof, or out of any authorized de- 
 pository for mail matter, or from any letter or mail car- 
 rier, or which has been in any post-office or station there- 
 of, or other authorized depository or in the custody of 
 any Id lor or mail carrier, before it has been delivered to 
 the person to whom it was directed, with a design to ob- 
 struct the correspondence, or to pry into the business or 
 secrets of another, or shall open, secrete, embezzle, or de- 
 stroy the same, shall be fined not more than two thousand 
 dollars, or imprisoned not more than five years, or both. 
 (R. S., ss. 3892, 5469, 5470.) 
 
 s. 
 
 s. 
 s. 
 
 u. 
 s. 
 s. 
 
 s. 
 s. 
 
 U. S. v. Hardyman, 13 Pet., 176; 
 Grimm v. U. S., 156 U. S., 604; Goode 
 v. U. S., 159 U. S., 663; Montgomery 
 v. U. S., 162 U. S., 410; Hall v. U. 
 S., 168 U. S.. 632; Scott v. U. S., 172 
 U. S., 343; U. S. v. Beaty, Hempst.. 
 487, 24 Fed. Cas., 1057; U. S. v. Bel- 
 lew. 2 Brock., 280, 24 Fed. Cas., 1079; 
 U. S. v. Bramham, 3 Hughes. 557, 24 
 Fed. Cas., 1220; U. S. v. Brent, 17 
 Int. Rev. Rec, 54, 24 Fed. Cas., 1225: 
 I'. S. v. Cottingham, 2 Blatch., 470, 
 
 25 Fed. Cas., 673; U. S. v. Driscoll, 1 
 Lowell, 303, 25 Fed. Cas.. 914; U. S. 
 v. Fisher, 5 McLean, 23, 25 Fed. Cas., 
 1086; U. S. v. Fove, 1 Curtis, 364, 25 
 Fed. Cas., 1198; U. S. v. Golding, 2 
 Cranch C. C, 212, 25 Fed. Cas., 1349; 
 U. S., v. Harmison, 3 Sawy., 556, 26 
 Fed. Cas., 156; U. S. v. Jenther, 13 
 Blatch., 335, 26 Fed. Cas., 610; U. 
 S. v. Keene, 5 McLean, 509, 26 Fed. 
 Cas., 694; U. S. v. Lancaster, 2 Mc- 
 Lean, 431, 26 Fed. Cas., 854; U. S. 
 v. Laws, 2 Lowell, 115, 26 Fed. Cas., 
 892: IT. S. v. Marselis, 2 Blatch.. 108, 
 
 26 Fed. Cas., 1167; U. S. v. Martin. 
 2 McLean, 256, 26 Fed. Cas., 1183; 
 U. S. v. Montgomery, 3 Sawv., 544, 26 
 Fed. Cas., 1296; U. S. v. Nott, 1 Mc- 
 Lean, 499. 27 Fed. Cas.. 189; U. S. 
 v. Okie, 5 Blatch., 516, 27 Fed. Cas., 
 231: U. S. r. Oliver, 4 L. Rep., 197, 
 
 27 Fed. Cas., 232; U. S. v. Parsons, 2 
 Blalch., 104, 27 Fed. Cas., 451; U. S. 
 v. Patterson, 6 McLean; 466, 27 Fed. 
 Cas.. \66\ U. S. v. Pearce, 2 McLean, 
 14, 27 Fed. Cas., 480; U. S. v. Pelle- 
 
 . 14 Blatch., 126, 27 Fed. Cas., 
 
 U. S. v. Pond. 2 Curtis, 265, 
 
 27 Fed. Cas., 590; U. S. v. Sander. 
 
 § 195. Postmaster or employee of pes'cal service de- 
 taining, destroying, or embezzling letter, etc.— Whoever, 
 being ;i postmaster or other person employed in any de- 
 partmenl of the postal service, shall unlawfully detain, 
 delay, or open any letter, postal card, package, bag,' or 
 mail intrusted to him or which shall come into his pos- 
 
 6 McLean, 598, 27 Fed. Cas., 949; 
 U. S. v. Tanner, 6 McLean, 128, 28 
 Fed. Cas., 12; U. S. v. Taylor, 1 Hughes, 
 514, 28 Fed. Cas., 19; U. S. v. Whit- 
 tier, 5 Dill., 35, 28 Fed. Cas., 591; U. 
 S. v. Baugh, 1 Fed. Rep., 784; U. S. 
 v. Hamilton, 9 Fed. Rep., 422; U. S. 
 v. Wynn, 9 Fed. Rep., 886; U. S. 
 v. McCready, 11 Fed. Rep., 225; U. 
 S. v. Blackman, 17 Fed. Rep., 837; New 
 Orleans Nat. Bank v. Merchant, 18 Fed. 
 Rep., 847; U. S. v. Hilbury, 29 Fed. 
 Rep., 705; U. S. v. Thompson, 29 Fed. 
 Rep., 706; U. S. v. Rapp, 30 Fed. Rep., 
 818; Re Burkhart, 33 Fed. Rep., 25: 
 U. S. v. Gruver, 35 Fed. Rep., 59; U. 
 
 v. Denicke, 35 Fed. Rep., 407; U. 
 
 v. Mathews, 35 Fed. Rep., 890; 
 
 v. Jolly, 37 Fed. Rep., 108; U. 
 v. Taylor, 37 Fed. Rep., 200; U. 
 v. Wight, 38 Fed. Rep., 106; U. 
 v. Clarke, 40 Fed. Rep., 325; U. 
 v. Holmes, 40 Fed. Rep.. 750; U. S. v. 
 Dorsey, 40 Fed. Rep., 752; Walster v. 
 U. S., 42 Fed. Rep., 891; U. S. v. 
 Byrne, 44 Fed. Rep., 188; U. S. v. 
 Wilson, 44 Fed. Rep., 593; U. S. v. 
 Bithea, 44 Fed. Rep., 802; U. S. v. 
 Mulhollond, 50 Fed. Rep., 413; U. S. 
 v. Delany, 55 Fed. Rep., 475; U. S. 
 v. Safford, 66 Fed. Rep., 942; U. S. v. 
 Thomas, 69 Fed. Rep., 588: U. S. v. 
 Hall, 76 Fed. Rep., 566; U. S. v. Tones, 
 SO Fed. Rep., 513; U. S. v. Lee, 90 
 Fed. Rep., 256; U. S. v. Huilsman, 94 
 Fed. Rep., 486; U. S. v. Trosper, 127 
 Fed. Rep., 476; U. S. v. Meyers, 142 
 Fed. Rep., 907; Brown v. U. S., 148 
 Fed. Rep., 379; U. S. v. Bullington, 170 
 Fed. Rep., 121.
 
 Offenses Against the Postal Service. 839 
 
 session, and which was intended to be conveyed by mail, 
 or carried or delivered by any carrier, messenger, agent, 
 or other person employed in any department of the pos- 
 tal service, or forwarded through or delivered from any 
 post-office or station thereof established by authority of 
 the Postmaster-General; or shall secrete, embezzle, or de- 
 stroy any such letter, postal card, package, bag, or mail; 
 or shall steal, abstract, or remove from any such letter, 
 package, bag, or mail, any article or thing contained 
 therein, shall be fined not more than five hundred dol- 
 lars, or imprisoned not more than five years, or both. 
 (R. S., ss. 3890, 2891, 5467.) 
 
 Bramberger v. U. S., 128 Fed. Rep., 551; Ennis v. U. S., 154 Fed. Rep., 
 346; Alexis v. U. S., 129 Fed. Rep., 842; U. S. v. Kerr, 159 Fed. Rep., 185; 
 60; Chitwood v. U. S., 153 Fed. Rep., Shaw v. U. S., 165 Fed. Rep., 174. 
 
 § 196. Postmaster, etc., detaining or destroying news- 
 papers. — Whoever, being a postmaster or other person 
 employed in any department of the postal service, shall 
 improperly detain delay, embezzle, or destroy any news- 
 paper, or permit any other person to detain, delay, em- 
 bezzle, or destroy the same, or open, or permit any other 
 person to open, any mail or package of newspapers not 
 directed to the office where he is employed; or whoever 
 shall open, embezzle, or destroy any mail or package of 
 newspapers not being directed to him, and he not being 
 authorized to open or receive the same; or whoever shall 
 take or steal any mail or package of newspapers from 
 any post-office or from any person having custody there- 
 of, shall be fined not more than one hundred dollars, or 
 imprisoned not more than one year, or both. (R. S., s. 
 5471.) 
 
 § 197. Assaulting mail carrier with interit to rob, and 
 robbing mail. — Whoever shall assault any person having 
 lawful charge, control, or custody of any mail matter, 
 with intent to rob, steal, or purloin such mail matter or 
 any part thereof, or shall rob any such person of such 
 mail or any part thereof, shall, for a first offense, be im- 
 prisoned not more than ten years; and if in effecting or 
 attempting to effect such robbery, he shall wound the 
 person having the custody of the mail, or put his life in 
 jeopardy by the use of a dangerous weapon, or for a sub-
 
 840 Federal, Criminal Law Procedure. 
 
 sequent offense, shall be imprisoned twenty-five years. 
 (R. S., ss. 5472, 5473.) 
 
 Harrison v. U. S., 163, U. S., 140; 78, 28 Fed. Cas., 699; U. S. v. Reeves, 
 38 Fed. Rep., 404; U. S. v. Bowman, U. S. v. Hare, 2 Wh. Cr. Cas., 283, 26 
 Fed. Cas., 148; U. S. v. Wilson, Baldw., 5 Pac. Rep., 333. 
 
 § 198. Injuring letter boxes or mail matter; assault- 
 ing carrier, etc. — Whoever shall wilfully injure, tear 
 down, or destroy any letter box, pillar box, lock box,' lock 
 drawer, or other receptacle established or approved by 
 the Postmaster-General for the safe deposit of matter for 
 the mail or for delivery, or any lock or similar device be- 
 longing or attached thereto, or any letter box or other 
 receptacle 'designated or approved by the Postmaster- 
 General for the receipt or delivery of mail matter on any 
 rural free delivery route, star route, or other mail route, 
 or shall break open the same; or shall wilfully injure, de- 
 face, or destroy any mail matter deposited in any letter 
 box, pillar box, lock box, lock drawer, or other recepta- 
 cle established or approved by the Postmaster-General 
 for the safe deposit of matter for the mail or for deliv- 
 ery; or shall willfully take or steal such matter from or 
 out of any such letter box, pillar box, lock box, lock 
 drawer, or other receptacle, or shall willfully and ma- 
 liciously assault any letter or mail carrier, knowing him 
 to be such, while engaged on his route in the discharge 
 of his duty as such carrier, or shall willfully aid or as- 
 sist in any offense defined in this section, shall be fined 
 not more than one thousand dollars, or imprisoned not 
 more than three years or both. (R. S., ss. 3869, 5466. 21 
 Apr., 1902, 32 Stat. L., 113 c. 563. 3 Mar., 1903, 32 Stat. 
 L., 1175, c. 1009, s. 3.) 
 
 § 199. Deserting the mail. — Whoever, having taken 
 charge of any mail, shall voluntarily quit or desert the 
 same before he has delivered it into the post office at 
 the termination of the route, or to some known mail car- 
 rier-messenger, agent, or other employee in the postal 
 service authorized to receive the same, shall be fined not 
 more than five hundred dollars, or imprisoned not more 
 than one year, or both. (R. S., s. 5474.) 
 
 15 A. G. Op., 70. 
 
 § 200. Delivery of letters by master of vessel. — The 
 master or other person having charge or control of any
 
 Offenses Against the Postal Service. 841 
 
 steamboat or other vessel passing between ports or places 
 in the United States, arriving at any such port or place 
 where there is a postoffice, shall deliver to the 
 postmaster or at the post-office within three hours 
 after his arrival, if in the daytime, and if at 
 night, within two hours after the next sunrise, all letters 
 and packages brought by him or within his power or 
 control and not relating to the cargo, addressed to or 
 destined for such port or place, for which he shall receive 
 from the postmaster two cents for each letter or package 
 so delivered, unless the same is carried under a contract 
 for carrying the mail; and for every failure so to deliver 
 such letters or packages, the master or other person hav- 
 ing charge or control of such steamboat or other vessel, 
 shall be fined not more than one hundred and fifty dol- 
 lars. (R. S., s. 3977.) 
 
 § 201. Obstructing the mail. — Whoever shall know- 
 ingly and willfully obstruct or retard the passage of the 
 mail, or any carriage, horse, driver, or carrier, or car, 
 steamboat or other conveyance or vessel carrying the 
 same, shall be fined not more than one hundred dollars, 
 or imprisoned not more than six months, or both. (R. S., 
 s. 3995.) 
 
 U. S. v. Kirby, 7 Wall., 482; Re 2 Haskell, 164, 27 Fed. Cas., 1312; U. 
 Debs, 158 U. S., 564; Clune v. U. S., S. v. De Mott, 3 Fed. Rep., 478; U. 
 159 U. S., 590; U. S. v. Barney, 3 S. v. Clavpool. 14 Fed. Rep., 127; U. 
 
 Hughes, 545, 24 Fed. Cas., 1014; U 
 S. v. Clark, 13 Phila., 476, 25 Fed 
 Cas., 443; U. S. v. Hart, Pet. C. C. 
 390; 26 Fed. Cas., 193; U. S. v. Har 
 vey, 1 Brunner, 540, 26 Fed. Cas., 206 
 U. S. v. McCracken. 3 Hughes, 544 
 26 Fed. Cas., 1049; U. S. v. Stevens 
 
 S. v. Kane, 19 Fed. Rep., 42; U. S. 
 
 v. Woodward, 44 Fed. Rep., 592; U. S. 
 
 v. Sears, 55 Fed. Rep., 268; U. S. v. 
 
 Thomas, 55 Fed. Rep.. 380; U. S. v. 
 
 Cassidy, 67 Fed. Rep.. 698: Salla v. U. 
 
 S., 104 Fed. Rep., 544; Conrad v. U. 
 S., 127 Fed. Rep., 798. 
 
 § 202. Ferryman delaying the mail. — Whoever, being 
 a ferryman, shall delay the passage of the mail by willful 
 neglect or refusal to transport the same across any ferry, 
 shall be fined not more than one hundred dollars. (R. S., 
 s. 3996.) 
 
 § 203. Letters carried in a Foreign vessel to be de- 
 posited in a post-office. — All letters or other mailable mat- 
 ter conveyed to or from any part of the United States by 
 any foreign vessel, except such sealed letters relating to 
 such vessel or any part of the cargo thereof as may be 
 directed to the owners or consignees of the vessel, shall 
 be subject to postage charge, whether addressed to any 
 person in the United States or elsewhere, provided they
 
 842 Federal Criminal Law Procedure. 
 
 are conveyed by the packet or other ship of a foreign 
 country imposing postage on letters or other mailable 
 matter conveyed to or from such country by any vessel 
 of the United States; and such letters or other mailable 
 matter carried in foreign vessels, except such sealed let- 
 ters relating to the vessel or any part of the cargo there- 
 of as may be directed to the owners or consignees, shall 
 be delivered into the United States post-office by the mas- 
 ter or other person having charge or control of such ves- 
 sel when arriving, and be taken from the United States, 
 post-office when departing, and the postage justly charge- 
 able by law paid thereon; and for refusing or failing to 
 do so, or for conveying such letters or other mailable 
 matter, or any letters or other mailable matter, intended 
 to be conveyed in any vessel of such foreign country, over 
 or across the United States, or any portion thereof, the 
 party offending shall be fined not more than one thou- 
 sand dollars. (R. S., s. 4016.) 
 
 § 204. Vessel's to deliver letters at post-office; oath. — 
 No vessel arriving within a port or collection district of 
 the United States shall be allowed to make entry or 
 break bulk until all letters on board are delivered to the 
 nearest post-office, and the master or other person hav- 
 ing charge or control thereof has signed and sworn to the 
 following declaration before the collector or other prop- 
 er customs officer: 
 
 I, A. B., master , of the , arriving 
 
 from , and now lying in the port of , do 
 
 solemnly swear (or affirm) that I have to the best of my 
 knowledge and belief delivered to the post-office at 
 
 every letter and every bag, packet, or parcel of 
 
 letters which was on board the said vessel during her 
 last voyage, or which were in my possession or under my 
 power or control. 
 
 And any master or other person having charge or con- 
 trol of such vessel who shall break bulk before he has de- 
 livered such letters shall be fined not more than one hun- 
 dred dollars. (R. S., s. 3988.) 
 
 205. Using, selling, etc., canceled stamps; removing 
 cancellation marks from stamps, etc. — Whoever shall use 
 or attempt to use in payment of postage, any
 
 Offenses Against the Postal, Seevice. 843 
 
 canceled postage stamp, whether the same has been 
 used or not; or shall remove, attempt to remove, 
 or assist in removing, the canceling or defacing 
 marks from any postage stamp, or the superscrip- 
 tion from any stamped envelope, or postal card, that 
 has once been used in payment of postage, with the in- 
 tent to use the same for a like purpose, or to sell or offer 
 to sell the same, or shall knowingly have in possession 
 any- such postage stamp envelope, or postal card, with in- 
 any such postage stamp, stamped envelope, or pos- 
 tal card, with intent to use the same, or shall 
 knowingly sell or offer to sell any such postage 
 stamp, stamped envelope, or postal card, or use 
 or attempt to use the same in payment of post- 
 age; or whoever unlawfully and willfully shall re- 
 move from any mail matter any stamp attached there- 
 to in payment of postage; or shall knowingly use or cause 
 to be used in payment of postage, any postage stamp, 
 postal card, or stamped envelope, issued in pursuance of 
 law, which has already been used for a like purpose; 
 shall, if he be a person employed in the postal service, be 
 fined not more than five hundred dollars, or imprisoned 
 not more than three years, or both; and if he be a per- 
 son not employed in the postal service, shall be fined not 
 more than five hundred dollars, or imprisoned not more 
 than one vear, or both. (R. S., ss. 3922, 3923, 3924, 3925. 
 .3 Mar., 1879, 20 Stat. L., 362, c. 180, s. 28; 1 Supp., 249.) 
 
 § 206. False returns to increase compensation.— Who- 
 ever, being a postmaster or other person employed in 
 any branch of the postal service, shall make, or assist 
 in making, or cause to be made, a false return, statement, 
 or account to any officer of the United States, or shall 
 make, assist in making, or cause to be made, a false en- 
 try in any record, book, or account, required by law or 
 the rules or regulations of the Post-Office Department to 
 be kept in respect of the business or operations of any 
 post-office or other branch of the postal service, for the 
 purpose of fraudulently increasing his compensation or 
 the compensation of the postmaster or any employee in 
 a post-office; or whoever, being a postmaster or other per- 
 son employed in any post-office or station thereof shall
 
 844 Federal Criminal Law Procedure. 
 
 induce, or attempt to induce, for the purpose of increas- 
 ing the emoluments or compensation of his office, any per- 
 son to deposit mail matter in, or forward in any manner 
 for mailing at, the office where such postmaster or other 
 person is employed, knowing such matter to be properly 
 mailable at another post-office, shall be fined not more 
 than five hundred dollars, or imprisoned not more than 
 two years, or both. (17 June, 1878, 20 Stat. L., 141, c. 
 259, s. 1; 1 Supp., 186. 4 Aug., 1886, 24 Stat. L., 221, c. 
 901, s. 3; lSupp., 512.) 
 
 U. S. v. Snyder, 14 Fed. Rep., 554. 
 
 § 207. Collection of unlawful postage forbidden.— 
 Whoever, being a postmaster or other person authorized 
 to receive the postage of mail matter, shall fraudulently 
 demand or receive any rate of postage or gratuity or re- 
 ward other than is provided by law for the postage of 
 such mail matter, shall be fined not more than one hun- 
 dred dollars, or imprisoned not more than six months, or 
 both. (R. S., s. 3899.) 
 
 § 208. Unlawful pledging or sale of stamps. — Who- 
 ever, being a postmaster or other person employed in any 
 branch of the postal service, and being intrusted with the 
 sale or custody of postage stamps, stamped envelopes, or 
 postal cards, shall use or dispose of them in the payment 
 of debts, or in the purchase of merchandise or other sala- 
 ble articles, or pledge or hypothecate the same, or sell or 
 dispose of them except for cash; or sell or dispose of post- 
 age stamps or postal cards for any larger or less sum than 
 the values indicated on their faces; or sell or dispose of 
 stamped envelopes for a larger or less sum than is 
 charged therefor by the Post-Office Department for like 
 quantities; or sell or dispose of, or cause to be sold or 
 disposed of, postage stamps, stamped envelopes, or pos- 
 tal cards at any point or place outside of the delivery of 
 the office where such postmaster or other person is em- 
 ployed; or induce or attempt to induce, for the purpose 
 of increasing the emoluments or compensation of such 
 postmaster, or the emoluments or compensation of any 
 other person employed in such post-office or any station 
 thereof, or the allowances or facilities provided therefor, 
 any person to purchase at such post-office or any station
 
 Offenses Against the Postal, Service. 845 
 
 thereof, or from any employee of such post-office, post- 
 age stamps, stamped envelopes, or postal cards; or sell or 
 dispose of postage stamps, stamped envelopes, or postal 
 cards, otherwise than as provided by law or the regula- 
 tions of the Post-Office Department, shall be fined not 
 more than five hundred dollars, or imprisoned not more 
 than one year, or both. (R. S., s. 3920. 17 June, 1878, 20 
 Stat. L., 141, c. 259, s. 1; 1 Supp., 186.) 
 
 Palliser v. U. S., 136 U. S., 257; U. U. S. v. Wa.ter Scott Stamp Co., b7 
 S. v. Williamson, 26 Fed. Rep., 690: Fed. Rep., 721. 
 U. S. v. Douglass, 33 Fed. Hep., 381; 
 
 § 209. Failure to account for postage and to cancel 
 stamps, etc., by officials. — Whoever, being a postmaster 
 or other person engaged in the postal service, shall col- 
 lect and fail to account for the postage due upon any ar- 
 ticle of mail matter which he may deliver, without hav- 
 ing previously affixed and canceled the special stamp pro- 
 vided by law, or shall fail to affix such stamp, shall be 
 fined not more than fifty dollars. (3 Mar., 1879, 20 Stat. 
 L. ; 362, c. 180, s. 27; 1 Supp., 249.) 
 
 § 210. Issuing money order without payment. — Who- 
 ever, being a postmaster or other person employed in any 
 branch of the postal service, shall issue a money order 
 without having previously received the money therefor, 
 shall be fined not more than five hundred dollars. (R. 
 S., s. 4030.) 
 
 § 211. Obscene, etc., matter nonmailable. — Every ob- 
 scene, lewd, or lascivious, and every filthy, book, pam- 
 phlet, picture, paper, letter writing, print or other publi- 
 cation of an indecent character, and every article or thing 
 designed, adapted, or intended for preventing concep- 
 tion or producing abortion, or for any indecent or immor- 
 al use; and every article, instrument, substance, drug, 
 medicine, or thing which is advertised or described in a 
 manner calculated to lead another to use or apply it for 
 preventing conception or producing abortion, or for any 
 indecent or immoral purpose ; and every written or print- 
 ed card, letter, circular, book, pamphlet, advertisement, 
 or notice of any kind giving information directly or in- 
 directly, where, or how, or from whom, or by what means 
 any of the hereinbefore-mentioned matters, articles, or 
 things may be obtained or made, or where or by whom
 
 846 Federal Criminal Law Procedure. 
 
 any act or operation of any kind for the procuring or pro- 
 ducing of abortion will be done or performed, or how or 
 by what means conception may be prevented or abortion 
 produced, whether sealed or unsealed; and every letter, 
 packet, or package, or other mail matter containing any 
 filthy, vile, or indecent thing, device, or substance; and 
 every paper, writing, advertisement, or representation 
 thai any article, instrument, substance, drug, medicine, 
 or thing may, or can be, used or applied for preventing 
 conception or producing abortion, or for any indecent or 
 immoral purpose; and every description calculated to in- 
 duce or incite a person to so use or apply any such arti- 
 cle, instrument, substance, drug, medicine, or thing, is 
 hereby declared to be non-mailable matter and shall not 
 be conveyed in the mails or delivered from any post-of- 
 fice or by any carrier. Whoever shall knowingly deposit, 
 or cause to be deposited for mailing or delivery, any- 
 thing declared by this section to be non-mailable, or shall 
 knowingly take, or cause the same to be taken, from the 
 mails for the purpose of circulating or disposing thereof, 
 or of aiding in the circulation or disposition thereof, shall 
 be fined not more than five thousand dollars, or impris- 
 oned not more than five years, or both. (R. S., s. 3893. 
 
 26 Sept., 1888, 25 Stat. L.', 496, c. 1039, s. 2; 1 Supp., 621. 
 
 27 May, 1908, 35 Stat. L., 416 c. 206.) 
 
 Ex parte Jackson, 96 U. S-, 727; Re Rep., 731; U. S. v. Morris, 18 Fed. 
 
 Rapier, 143 U. S., 110; U. S. v. Chase, Rep., 900; U. S. v. Moore, 19 Fed. 
 
 135 U. S., 255, 27 Fed. Rep., 807; Rep., 39; U. S. v. Chisman, 19 Fed. 
 
 Grimm v. U. S., 156 U. S., 604, 50 Rep., 497; U. S. v. Comerford, 25 Fed. 
 
 Fed. Rep.. 528; Rosen v. U. S., 161 U. Rep., 902; U. S. v. Thomas, 27 Fed. 
 
 S., 29; Swearingen v. U. S.. 161 U. Rep., 882; U. S. v. Bebout, 28 Fed. 
 
 S., 446; Andrews v. U. S., 162 U. S., Rep., 522; U. S. v. Wightman. 29 Fed. 
 
 420, 58 Fed. Rep., 768; Price v. U. S., Rep., 636; U. S. v. Rapp, 30 Fed. Rep., 
 
 165 U. S.. 311: Dunlop v. U. S., 165 818; Ex parte Doran. 32 Fed. Rep., 76; 
 
 U. S., 486; Re Tackson. 14 Blatch., U. S. v. Slenker, 32 Fed. Rep.. 691; 
 
 245, 13 Fed. Cas.. 194; U. S. v. Ben- U. S. v. Harmon, 34 Fed. Rep., 872, 45 
 
 nett. 16 Blatch., 338. 24 Fed. Cas., 1093; Fed. Rep.. 414, 50 Fed. Rep., 921; U. 
 
 U. S. v. Bott, 11 Blatch., 346, 24 Fed. S. v. Mathias. 36 Fed. Rep.. 892; U. S. 
 
 U. S. v. Cottingham, 2 v. Clark, 37 Fed. Rep., 106; U. S. v. 
 
 Blatch.. 470, 25 Fed. Cas.. 673; U. Davis, 38 Fed. Rep., 326; U. S. v. Clarke. 
 
 S. v. Foote, 13 Blatch., 418, 25 Fed. 38 Fed. Rep., 500, 732, 40 Fed. Rep., 
 
 Cas., 1140; U. S. v. Foye. 1 Curtis, 325; U. S. v. Harman, 38 Fed. Rep., 
 
 364. 25 Fed. Cas., 1198; U. S. v. Kelly, 827; I*. S. v. Huggitt, 40 Fed. Rep., 
 
 Sawy.. 566, 26 Fed. Cas., 695; U. 636; Re Wahll, 42 Fed. Rep., 822; U. 
 
 Pond, 2 Curtis, 265, 2 Fed. Cas.. S. v. Clark, 43 Fed. Rep., 574: U. 
 
 591; IT. S. v. Pratt. 2 Am. L. T. Rep. S. v. Smith, 45 Fed. Rep., 476; U. S. 
 
 (N. S.), 228, 27 Fed. Cas.. 611; U. v. Durant, 46 Fed. Rep., 753; U. S. 
 
 S. v. Whittier, 5 Dill. 35. 28 Fed. Cas.. v. Martin. 50 Fed. Rep.. 918: U. S. 
 
 591; l r . S. v. Williams. 3 Fed. Rep.. v. Males, 51 Fed. Rep.. 41; IT. S. v. 
 
 484: I . U. S.. 10 Fed. Rep., 92; Wilson, 58 Fed. Ren.. 768; T 1 . S. v. 
 
 S. v. Smith, 11 Fed. Rep.. 663: U. Warner, 59 Fed. Rep., 355; U. S. v. 
 
 S. v. Kaltmeycr. 16 Fed. Rep.. 760: Tarvis. 59 Fed. Rep.. 357; U. S. v. 
 
 T T . S. v. Hanover. 17 Fed. Rep.. 444: Nathan. 61 Fed. Rep.. 936; U. S. v. 
 
 U. S. v. Gaylord. 17 Fed. Rep., 438. 50 T,ing. 61 Fed. Ren., 1001: U. S. v. Fvd- 
 
 Fcd. Rep., HO; T T . S. v. Britton, 17 Fed. l er , 72 Fed. Rep.', 771; U. S. v. Reid,
 
 Offenses Against the Postal Service. 
 
 847 
 
 73 Fed. Rep., 289; U. S. v. Lamkin, 
 73 Fed. Rep., 459; U. S. v. Janes, 74 
 Fed. Rep., 545; U. S. v. Brazeau, 78 
 Fed. Rep., 464; Safter v. U. S., 87 Fed. 
 Rep., 329; U. S. v. Tubbs, 94 Fed. Rep.. 
 356; U. S. v. Moore, 104 Fed. Rep., 
 78; U. S. v. Clifford, 104 Fed. Rep., 
 296; De Gignac v. U. S., 113 Fed. Rep.. 
 197; U. S. v. Wyatt, 122 Fed. Rep., 
 316; U. S. v. Harris, 122 Fed. Rep., 
 551; Harvey v. U. S., 126 Fed. Rep., 
 357; U. S. v. Moore, 129 Fed. Rep., 
 159; U. S. v. Pupke, 133 Fed. Rep., 
 
 243; Burton v. U. S., 142 Fed. Rep.. 
 57; Demolli v. U. S., 144 Fed. Rep., 
 363; Rinker v. U. S., 151 Fed. Rep., 
 755; Lee v. U. S., 156 Fed. Rep., 948; 
 Hanson v. U. S., 157 Fed. Rep.. 749; 
 U. S. v. Musgrave, 160 Fed. Rep., 700; 
 Shepard v. U. S., 160 Fed. Rep., 584; 
 U. S. v. O'Donnell, 165 Fed. Rep., 21S; 
 U. S. v. Benedict, 165 Fed. Rep., 221; 
 Barnes v. U. S., 166 Fed. Rep., 113; 
 Knowles v. U. S., 170 Fed. Rep., 409. 
 U. S. v. Somers, 164 Fed. Rep., 259; 
 McFadden v. U. S., 165 Fed. Rep., 51; 
 
 § 212. Libelous and indecent envelopes and wrappers. 
 I — All matter otherwise mailable by law, upon the en- 
 velope or outside cover or wrapper of which, or any pos- 
 tal card upon which, any delineations, epithets, terms, or 
 language of an indecent, lewd, lascivious, obscene, libel- 
 ous, scurrilous, defamatory, or threatening character, or 
 calculated by the terms or manner or style of display and 
 obviously intended to reflect injuriously upon the char- 
 acter or conduct of another, may be written or printed or 
 otherwise impressed or apparent, are hereby declared 
 non-mailable matter, and shall not be conveyed in the 
 mails nor delivered from any post-office nor by any let- 
 ter carrier, and shall be withdrawn from the mails under 
 such regulations as the Postmaster-General shall pre- 
 scribe. Whoever shall knowingly deposit or cause to be 
 deposited, for mailing or delivery, anything declared by 
 this section to be non-mailable matter, or shall knowing- 
 ly take the same or cause the same to be taken from the 
 mails for the purpose of circulating or disposing of or 
 aiding in the circulation or disposition of the same, shall 
 be fined not more than five thousand dollars, or impris- 
 oned not more than five years, or both. (26 Sept., 1888, 
 25 Stat. L., 496, c. 1039, s. 1; 1 Supp., 621.) 
 
 U. S. v. Smith, 11 Fed. Rep., 663 
 Ex parte Doran, 32 Fed. Rep., 76; U 
 S. v. Barber, 37 Fed. Rep., 55; U 
 S. v. Davis, 38 Fed. Rep., 326; U. S 
 v. Bayle, 40 Fed. Rep., 664; U. S. v 
 Brown, 43 Fed. Rep., 135; U. S. v, 
 Gee, 45 Fed. Rep., 194; U. S. v. El- 
 
 liott, 51 Fed. Rep., 807; U. S. v. Jarvis, 
 59 Fed. Rep., 357; U. S. v. Simmons, 
 61 Fed. Rep., 640; U. S. v. Smith, 69 
 Fed. Rep., 971; U. S. v. Dodge, 70 
 Fed. Rep., 235; U. S. v. Burnell, 75 
 Fed. Rep., 824; Re Barber, 75 Fed. 
 Rep., 980. 
 
 § 213. Lottery, gift, enterprise etc., circulars, etc., not 
 mailable. — No letter, package, postal card, or circular 
 concerning any lottery, gift enterprise, or similar scheme 
 offering prizes dependent in whole or in part upon lot or 
 chance; and no lottery ticket or part thereof, or paper, 
 certificate, or instrument purporting to be or to repre- 
 sent a ticket, chance, share or interest in or dependent
 
 848 
 
 Fedeeal Ceiminal Law PeoceduEE. 
 
 upon the event of a lottery gift enterprise, or similar 
 scheme offering prizes dependent in whole or in part up- 
 on lot or chance; and no check, draft, bill, money, postal 
 note, or money order, for the purchase of any ticket or 
 part thereof or of any share or chance in any such lot- 
 tery, gift enterprise, or scheme; and no newspaper, cir- 
 cular, phampjet, or publication of any kind containing 
 any advertisement of any lottery, gift enterprise, or 
 scheme of any kind offering prizes dependent in whole 
 or in part upon lot or chance, or containing any list of the 
 prizes drawn or awarded by means of any such lottery, 
 gift enterprise, or scheme, whether said list contains any 
 part or all of such prizes, shall be deposited in or carried 
 by the mails of the United States or be delivered by any 
 postmaster or letter carrier. Whoever shall knowingly 
 deposit or cause to be deposited, or shall knowingly send 
 or cause to be sent anything to be conveyed or delivered 
 by mail in violation of the provisions of this section, or 
 shall knowingly deliver or cause to be delivered by mail 
 anything herein forbidden to be carried by mail, shall 
 be fined not more than one thousand dollars, or impris- 
 oned not more than two years, or both; and for any sub- 
 sequent offense shall be imprisoned not more than five 
 years. Any person violating any provision of this sec- 
 tion may be tried and punished either in the district in 
 which the unlawful matter or publication was mailed, or 
 to which it was carried by mail for delivery according to 
 the direction thereon, or in which it was caused to be de- 
 livered bv mail to the person to whom it was addressed. 
 (R. S., s. 3894. 19 Sept., 1890, 26 Stat. L., 465, c. 908, s. 
 1; 1 Supp., 803. 2 Mar., 1895, 28 Stat. L., 963, c. 191, s. 
 
 l;2Supp., 435.) 
 
 Ex parte Jackson, 96 U. S., 727; 
 Re Rapier, 143 U. S., 110; Horner v. 
 U. S., 143 U. S., 570, 147 U. S., 449 
 Mac Daniel v. U. S., 171 U. S., 68<» 
 87 Fed. Rep., 324; U. S. v. Parsons 
 2 Blatch., 107, 27 Fed. Cas., 451: U 
 S. v. Noelkc, 1 Fed. Rep., 426; U. S. v 
 Patty, 2 Fed. Rep., 664; U. S. v. Duff 
 6 Fed. Rep., 45; U. S. v. Moore, 19 
 Fed. Rep., 39; U. S. v. Dauphin, 20 
 Fed. Rep., 625; U. S. v. Mason, 22 
 Rep., 707; U. S. v. Clark, 22 
 Fed. Rep., 708; U. S. v.. Jackson, 29 
 I Rep., 503; U. S. v. Zeisler, 30 
 
 Fed. Rep., 499; U. S. v. Jones, 31 Fed. 
 
 Rep., 718; U. S. v. Horner, 44 Fed. 
 Rep., 677; U. S. v. Bailev, 47 Fed. 
 Rep., 117; U. S. v. Lynch, 49 Fed. 
 Rep., 851; U. S. v. Wallis, 58 Fed. 
 Rep., 942; U. S. v. Politzer, 59 Fed. 
 Rep., 273; U. S. v. Conrad, 59 Fed. 
 Rep., 458; MacDonald v. U. S., 63 Fed. 
 Rep., 426; U. S. v. McDonald, 65 Fed. 
 Rep., 486; U. S. v. Fulkerson, 74 Fed. 
 Rep., 619; Hoover v. McChesney, 81 
 Fed. Rep., 472; U. S. v. Rosenblum, 121 
 Fed. Rep., 180; U. S. v. Irvine. 156 
 Fed. Rep., 376; Fitzsimmons v. U. S.. 
 156 Fed. Rep., 439.
 
 Offenses Against the Postal, Service. 849 
 
 § 214. Postmasters not to be lottery agents. — Who- 
 ever, being a postmaster or other person employed in the 
 postal service, shall act as agent for any lottery office, or 
 under color of purchase or otherwise, vend lottery tick- 
 ets, or shall knowingly send by mail or delivery any let- 
 ter, package, postal card, circular, or pamphlet advertis- 
 ing any lottery, gift enterprise, or similar scheme offer- 
 ing prizes depending in whole or in part upon any lot or 
 chance, or any ticket, certificate, or instrument represent- 
 ing any chance, share, or interest in or dependent upon 
 the event of any lottery, gift, enterprise, or similar scheme 
 offering prizes dependent in whole or in part upon lot or 
 chance, or any list of the prizes awarded by means of any 
 scheme, shall be fined not more than one hundred dollars, 
 or imprisoned not more than one year, or both. (R. S., 
 s. 3851.) f!W| 
 
 § 215. Use of mails to promote frauds. — Whoever, 
 having devised or intending to devise any scheme or ar- 
 tifice to defraud, or for obtaining money or property by 
 means of false or fraudulent pretenses, representations, 
 or promises, or to sell, dispose of, loan, exchange, alter, 
 give away, distribute, supply, or furnish or procure for 
 unlawful use any counterfeit or spurious coin, bank note, 
 paper money, or any obligation or security of the United 
 States, or of any State, Territory, municipality, com- 
 pany, corporation, or person or anything represented to 
 be or intimated or held out to be such counterfeit or 
 spurious article, or any scheme or artifice to obtain mon- 
 ey by or through correspondence, by what is commonly 
 called the "saw-dust swindle," or "counterfeit-money 
 fraud," or by dealing or pretending to deal in what is 
 commonly called ' ' green articles, " " green coin, " " green 
 goods," "bills," "paper goods," "spurious Treasury 
 notes," "United States goods," "green cigars," or any 
 other names or terms intended to be understood as relat- 
 ing to such counterfeit or spurious articles, shall, for the 
 purpose of executing such scheme or artifice or attempt- 
 ing so to do, place, or cause to be placed any letter, pos- 
 tal card, package, writing, circular pamphlet, or adver- 
 tisement whether addressed to any person residing with- 
 in or outside the United States, in any post-office, or sta- 
 
 54
 
 850 
 
 Federal Criminal Law Procedure. 
 
 tion thereof, or street or other letter box of the United 
 States, or authorized depository for mail matter, to be 
 sent or delivered by the post-office establishment of the 
 United States, or shall take or receive any such therefrom 
 whether mailed within or without the United States, 
 or shall knowingly cause to be delivered by mail accord- 
 ing to the direction thereon, or at the place at which it 
 is directed to be delivered by the person to whom it is 
 addressed, any such letter, postal card, package, writ- 
 ing, circular, pamphlet, or advertisement, shall be fined 
 not more than one thousand dollars, or imprisoned not 
 more than five years, or both. (R. S., s. 5480. 2 Mar., 
 1889, 25 Stat. L., 873, c. 393 s. 1; 1 Supp., 694.) 
 
 Re Henry, 123 U. S., 372; U. S. 
 v. Hess, 124 U. S., 483; Stokes v. U. 
 S., 157 U. S., 187; Streep v. U. S. 
 160 U. S., 128; Durland v. U. S., 161 
 U. S., 306; Brand v. U. S., 4 Fed. 
 Rep., 394; U. S. v. Nye, 4 Fed. Rep., 
 888; U. S. v. Jones, 10 Fed. Rep., 469; 
 U. S. v. Stickle, 15 Fed. Rep., 798; 
 U. S. v. Owens, 17 Fed. Rep., 72; U. 
 S. v. Fleming, 18 Fed. Rep., 907; U. 
 S. v. Martin, 28 Fed. Rep., 812; U. 
 S. v. Wooten, 29 Fed. Rep., 702; Re 
 Haynes, 30 Fed. Hep., 767; U. S. v. 
 Hoeflinger, 33 Fed. Rep., 469; U. S. 
 v. Watson, 35 Fed. Rep., 358; U. S. 
 v. Mitchell, 36 Fed. Rep., 492; U. S. 
 v. Ried, 42 Fed. Rep., 134 U. S. v. 
 Finney, 45 Fed. Rep., 41; U. S. v. 
 Staples, 45 Fed. Rep., 195; U. S. v. 
 Smith, 45 Fed. Rep., 561; U. S. v. 
 Beatty, 60 Fed. Rep., 740; Weeber v. 
 U. S., 62 Fed. Rep., 740; U. S. v. 
 Harris, 68 Fed. Rep., 348; U. S. v. 
 Beach, 71 Fed. Rep., 160; U. S. v. 
 Charles, 74 Fed. Rep., 142; Howard 
 v. U. S., 75 Fed. Rep., 986; Culp v. U. 
 S., 82 Fed. Rep., 990; U. S. v. Fay, 83 
 Fed. Rep., 839; U. S. v. Bernard, 84 
 Fed. Rep., 634; Tingle v. U. S., 87 
 Fed. Rep., 320; U. S. v. Sauer, 88 
 Fed. Rep., 249; U. S. v. Loring, 91 
 Fed. Rep., 881; 14 A. G. Op., 18; 
 20 A. G. Op., 296; Milby v. U. S., 109 
 Fed. Rep., 638; Packer v. U. S., 106 
 Fed. Rep., 906: Larkin v. U. S., 107 
 Fed. Rep., 697; U. S. v. Post, 113 
 Fed. Rep., 852; Hume v. U. S., 118 
 Fed. Rep., 689; U. S. v. Horman, 118 
 Fed. Rep., 780; Stewart v. U. S., 119 
 Fed. Rep.,- 89; Milby v. U. S., 120 Fed. 
 
 Rep., 1; O'Neill v. U. S., 120 Fed. 
 Rep.. 236; Melton v. U. S., 120 Fed. 
 Rep., 504; U. S. v. Clark, 121 Fed. Rep., 
 190; U. S. v. Ryan, 123 Fed. Rep., 634; 
 Hawley v. U. S., 123 Fed. Rep., 849; 
 Kellogg v. U. S., 126 Fed. Rep., 323; 
 Dalton v. U. S., 127 Fed. Rep., 534; 
 Flachskamm v. U. S., 127 Fed. Rep.. 
 674; Hawley v. U. S., 127 Fed. Rep., 
 929; U. S. v. Post, 128 Fed. Rep., 950; 
 O'Hara v. U. S., 129 Fed. Rep., 551: 
 Balliet v. U. S., 129 Fed. Rep., 689; 
 Betts v. U. S., 132 Fed. Rep., 228; Mc- 
 Donnell v. U. S., 133 Fed. Rep., 293; 
 Miller v. U. S., 133 Fed. Rep., 337; 
 Post v. U. S., 135 Fed. Rep., 1; Ewing 
 v. U. S., 136 Fed. Rep., 53; Booth v. 
 U. S., 139 Fed. Rep., 252; U. S. v. 
 Etheredge, 140 Fed. Rep., 376; Brown 
 v. U. S., 143 Fed. Rep., 60; Runble v. 
 U. S., 143 Fed. Rep., 772; U. S. v. 
 Francis, 144 Fed. Rep., 520; Brown v. 
 U. S., 146 Fed. Rep., 219; Brooks v. 
 U. S., 146 Fed. Rep., 223; U. S. v. 
 White, 150 Fed. Rep., 379; Van Deusen 
 v. U. S.. 151 Fed. Rep., 989; Walker v. 
 U. S., 152 Fed. Rep., Ill; Francis v. 
 U. S.. 152 Fed. Rep., 155; Hall v. U. 
 S., 152 Fed. Rep., 420; Gourdain v. 
 U. S., 154 U. S., 453; Dalton v. U. 
 S., 154 Fed. Rep., 461; Booth v. U. S., 
 154 Fed. Rep., 836; U. S.. v. Dexter, 
 154 Fed. Rep., 890; Faulkner v. U. 
 S., 157 Fed. Rep., 840; U. S. v. Raish, 
 
 163 Fed. Rep., 911; U. S. v. McVicker, 
 
 164 Fed. Rep., 894; Lemon v. U. S.. 
 164 Fed. Rep., 953; U. S. v. Smith, 166 
 Fed. Rep., 958; U. S. v. McCrory, 175 
 Fed. Rep., 802. 
 
 § 216. Fraudulently assuming fictitious address. — 
 Whoever, for Ihe purpose of conducting, promoting, or 
 carrying on, in any manner, by means of the post-office 
 establishment of the United States any scheme or device 
 mentioned in the section last preceding, or any other un- 
 lawful business whatsoever, shall use or assume, or re- 
 quest to be addressed by, any fictitious, false, or assumed
 
 Offenses Against the Postal Service. 851 
 
 title, name or address, or name other than his own prop- 
 er name, or shall take or receive from any post-office of 
 the United States, or station thereof, or any other au- 
 thorized depository of mail matter, any letter, postal 
 card, package, or other mail matter addressed to any such 
 fictitious, false, or assumed title, name, or address or 
 name other than his own proper name, shall be punished 
 as provided in the section last preceding. (2 Mar., 1889, 
 25 Stat. L., 873, c. 393, s. 2; 1 Supp., 695.) 
 
 § 217. Poisons and explosives nonmailable. — All kinds 
 of poison, and all articles and compositions containing 
 poison, and all poisonous animals, insects, and reptiles, 
 and explositives of all kinds, and imnammable materials, 
 and infernal machines, and machanical, chemical, or 
 other devices or compositions which may ignite or ex- 
 plode, and all disease germs or scabs, and all other 
 natural or artificial articles, compositions, or materials 
 of whatever kind which may kill, or in anywise hurt, 
 harm, or injure another, or damage, deface, or other- 
 wise injure the mails or other property, whether sealed 
 as first-class matter or not, are hereby declared to be 
 non-mailable matter, and shall not be conveyed in 
 the mails or delivered from any post-office or station 
 thereof, ror by any letter carrier; but the Postmaster- 
 General may pemit the transmission in the mails, under 
 such rules and regulations as he shall prescribe as to 
 preparation and packing, of any articles hereinbefore de- 
 scribed which are not outwardly or of their own force dan- 
 gerous or injurious to life, health or property: Provided, 
 That all spirituous, yinous, malted, fermented, or other 
 intoxicating liquors of any kind, are hereby declared to 
 be non-mailable and shall not be deposited in or carried 
 through the mails. Whoever shall knowingly deposit or 
 cause to be deposited for mailing or delivery, or shall 
 knowingly cause to be delivered by mail according to the 
 direction thereon, or at any place at which it is directed 
 to be delivered by the person to whom it is addressed, any- 
 thing declared by this section to be non-mailable, unless 
 in accordance with the rules and regulations hereby au- 
 thorized to be prescribed by the Postmaster-General, shall 
 be fined not more than one thousand dollars, or impris-
 
 852 Federal Criminal Law Procedure. 
 
 oned not more than two years, or both ; and whoever shall 
 knowingly deposit or cause to be deposited for mailing or 
 delivery, or shall knowingly cause to be delivered by mail 
 according to the directions thereon, or at any place to 
 which it is directed to be delivered by the person to whom 
 it is addressed, anything declared by this section to be 
 non-mailable, whether transmitted in accordance with the 
 rules and regulations authorized to be prescribed by the 
 Postmaster-General or not, with the design, intent, or 
 purpose to kill, or in anywise hurt, harm, or injure an- 
 other or damage, deface, or otherwise injure the mails or 
 other property, shall be fined not more than five thou- 
 sand dollars, or imprisoned not more than ten years, or 
 both. (E. S., s. 3878. 3 Mar., 1879, 20 Stat. L., 360, c. 
 180, s. 20; 1 Supp. 247. 8 June, 1896, 29 Stat. L., 262, c. 
 370; 2 Supp., 507.) 
 
 § 218. Counterfeiting money orders. — Whoever, with 
 intent to defraud, shall falsely make, forge, counterfeit, 
 engrave, or print, or cause or procure to be falsely made, 
 forged, counterfeited, engraved, or printed or shall will- 
 ingly aid or assist in falsely making, forging, counter- 
 feiting, engraving, or printing, any order in imitation of 
 or purporting to be a money order issued by the Post- 
 Office Department or by any postmaster or agent thereof; 
 or whoever shall forge or counterfeit the signature of any 
 postmaster, assistant postmaster, chief clerk, or clerk, 
 upon or to any money order, or postal note, or blank 
 therefor provided or issued by or under the direction of 
 the Post-Office Department of the United States, or of 
 any foreign country, and payable in the United States, 
 or any material signature or indorsement thereon, 
 or any material signature to any receipt or certifi- 
 cate of identification thereon; or shall falsely alter, 
 or cause or procure to be falsely altered in any ma- 
 terial respect, or knowingly aid or assist in falsely so 
 altering any such money order or postal note; or shall, 
 with intent to defraud, pass, utter, or publish any such 
 forged or altered money order or postal note, knowing 
 any material signature or indorsement thereon to be 
 false, forged, or counterfeited, or any material altera- 
 tion therein to have been falsely made; or shall issue any
 
 Offenses Against the Postal Service. 85 
 
 o 
 
 money order or postal note without having previously 
 received or paid the full amount of money payable there- 
 for with the purpose of fraudulently obtaining, or re- 
 ceiving or fraudulently enabling any other person, either 
 directly or indirectly, to obtain or receive from the Unit- 
 ed States, or any officer, employee, or agent thereof, any 
 sum of money whatever; or shall, with intent to defraud 
 the United States, or any person, transmit or present to, 
 or cause or procure to be transmitted or presented to, any 
 officer or employee or at any office of the Government of 
 the United States, any money order or postal note, know- 
 ing the same to contain any forged or counterfeited sig- 
 nature to the same, or to any material indorsement, re- 
 ceipt, or certificate thereon, or material alteration there- 
 in unlawfully made, or to have been unlawfully issued 
 without previous payment of the amount required to be 
 paid upon such issue, shall be fined not more than five 
 thousand dollars, or imprisoned not more than five years, 
 or both. (R. S., s. 5463. 3 Jan., 1887, 24 Stat. L., 355, c. 
 13, s. 2; 1 Supp., 518. 18 June, 1888, 25 Stat. L., 187, c. 
 394, s. 2; 1 Supp., 593.) 
 
 U. S. v. Morris, 16 Blatch., 133, 26 678; Woodruff v. U. S., 58 Fed. Rep.. 
 Fed. Cas., 1321; Ex parte Hibbs, 26 Fed. 766; Vives v. U. S., 92 Fed. Rep., 355. 
 Rep., 421; U. S. v. Long, 30 Fed. Rep.. 
 
 § 219. Counterfeiting postage stamps. — Whoever 
 shall forge or counterfeit any postage stamp, or any 
 stamp printed upon any stamped envelope, or postal card, 
 or any die, plate, or engraving therefor ; or shall make or 
 print, or knowingly use or sell, or have in possession with 
 intent to use or sell, any such forged or counterfeited 
 postage stamp, stamped envelope, postal card, die, plate, 
 or engraving; or shall make, or knowingly use or sell, or 
 have in possession with intent to use or sell, any paper 
 bearing the watermark of any stamped envelope, or pos- 
 tal card, or any fraudulent imitation thereof; or shall 
 make or print, or authorize or procure to be made or 
 printed, any postage stamp, stamped envelope, or postal 
 card, of the kind authorized and provided by the Post- 
 Office Department, without the special authority and di- 
 rection of said Department; or shall, after such postage 
 stamp, stamped envelope, or postal card has been print- 
 ed, with intent to defraud, deliver the same to any per-
 
 854 Federal Criminal Law Procedure. 
 
 son not authorized by an instrument in writing, duly exe- 
 cuted under the hand of the Postmaster-General and the 
 seal of the Post-Office Department, to receive it, shall be 
 fined not more than five hundred dollars, or imprisoned 
 not more than five years, or both. (R. S., s. 5464.) 
 
 I'. S. v. Rellecreau, 14 Blatch., 126, 
 21 Fed. Cas., 126; U. S. v. Copper- 
 smith, 4 Fed. Rep., 198. 
 
 § 220. Counterfeiting, etc., foreign stamps. — Who 
 ever shall forge, or counterfeit, or knowingly utter or 
 use any forged or counterfeited postage stamp of any 
 foreign government, shall be fined not more than five 
 hundred dollars, or imprisoned not more than five years, 
 or both. (R. S., s. 5465.) 
 
 § 221. Inclosing higher-class in lower-class matter. — 
 Matter of the second, third, or fourth class containing 
 any writing or printing in addition to the original matter, 
 other than as authorized by law, shall not be admitted to 
 the mails, nor delivered, except upon payment of postage 
 for matter of the first class, deducting therefrom any a- 
 mount which may have been prepaid by stamps affixed, 
 unless by direction of the Postmaster-General such post- 
 age shall be remitted. Whoever shall knowingly conceal or 
 inclose any matter of a higher class in that of a lower 
 class, and deposit or cause the same to be deposited for 
 conveyance by mail, at a less rate than would be charged 
 for such higher class matter, shall be fined not more than 
 one hundred dollars. (R. S., s. 3887. 20 Jan., 1888, 25 
 Stat. L., 2 c. — s. 2; 1 Supp., 578.) 
 
 § 222. Postmaster illegally approving bond, etc. — 
 Whoever, being a postmaster, shall affix his signature to 
 the approval of any bond of a bidder, or to the certifi- 
 cate of sufficiency of sureties in any contract, before the 
 said bond or contract is signed by the bidder or contract- 
 or and his sureties, or shall knowingly, or without the 
 exercise of due diligence, approve any bond of a bidder 
 with insufficient sureties or shall knowingly make any 
 false or fraudulent certificate, shall be forthwith dis- 
 missed from office and be thereafter disqualified from 
 holding the office of postmaster; and shall also be fined 
 not more than five thousand dollars, or imprisoned not 
 more than one year, or both. (R. S., s. 3947. 23 June, 
 1874, 18 Slat. L. 235, c. 456, s. 12; 1 Supp., 45.)
 
 Offenses Against the Postal Service. 855 
 
 § 223. False evidence as to second-class matter. — 
 Whoever shall submit or cause to be submitted to any 
 postmaster or to the Post-Office Department or any of- 
 ficer of the postal service, any false evidence relative to 
 any publication for the purpose of securing the admis- 
 sion thereof at the second-class rate, for transportation 
 in the mails, shall be fined not more than five hundred 
 dollars. (18 June, 1888, 25 Stat. L., 187, c. 394, s. 1; 1 
 Supp., 593. 2 Mar., 1905, 33 Stat. L., 823, c. 1304.) 
 
 § 224. Inducing or prosecuting false claims. — Who- 
 ever shall make, allege, or present, or cause to be made, 
 alleged, or presented, or assist, aid, or abet in making, 
 alleging, or presenting, any claim or application for in- 
 demnity for the loss of any registered letter, parcel, pack- 
 age, or other article or matter, or the contents thereof, 
 knowing such claim or application to be false, fictitious, 
 or fraudulent; or whoever for the purpose of obtaining 
 or aiding to obtain the payment or approval of any such 
 claim or application, shall make or use, or cause to be 
 made or used, any false statement, certificate, affidavit, 
 or deposition; or whoever shall knowingly and willfully 
 misrepresent, or mis-state, or, for the purpose aforesaid 
 shall knowingly and willfully conceal any material fact 
 or circumstance in respect of any such claim or applica- 
 tion for indemnity, shall be fined not more than five hun- 
 dred dollars, or imprisoned not more than one year, or 
 both. 
 
 § 225. Misappropriation of postal funds or property. 
 — Whoever, being a postmaster or other person employed 
 in or connected with any branch of the postal service 
 shall loan, use, pledge, hypothecate, or convert to his own 
 use, or shall deposit in any bank, or exchange for other 
 funds or property, except as authorized by law, any 
 money or property coming into his hands or under his 
 control in any manner whatever, in the execution or un- 
 der color of his office, employment, or service, whether 
 the same shall be the money or property of the United 
 States or not; or shall fail or refuse to remit to or de- 
 posit in the Treasury of the United States or in a desig- 
 nated depository, or to account for or turn over to the 
 proper officer or agent, any such money or property, when
 
 856 Federal Criminal Law Procedure. 
 
 required so to do by law or the regulations of the Post- 
 Office Department, or upon demand or order of the Post- 
 master-General, either directly or through a duly author- 
 ized officer or agent, shall be deemed guilty of embezzle- 
 ment; and every such person, as well as every other per- 
 son advising or knowingly participating therein, shall be 
 fined in a sum equal to the amount or value of the money 
 or property embezzled, or imprisoned not more than ten 
 years, or both. Any failure to produce or to pay over 
 any such money or property, when required so to do as 
 above provided, shall be taken to be prima facie evidence 
 of such embezzlement; and upon the trial of any indict- 
 ment against any person for such embezzlement, it shall 
 be prima facie evidence of a balance against him to pro- 
 duce a transcript from the account books of the Auditor 
 for the Post-Office Department. But nothing herein shall 
 be construed to prohibit any postmaster depositing, un- 
 der the direction of the Postmaster-General, in a nation- 
 al bank designated by the Secretary of the Treasury for 
 that purpose, to his own credit as postmaster, any funds 
 in his charge nor prevent his negotiating drafts or other 
 evidences of debt through such bank or through United 
 States disbursing officers or otherwise when instructed or 
 required so to do by the Postmaster-General for the pur- 
 pose of remitting surplus funds from one post-office to 
 another. (R. S., ss. 4046, 4053.) 
 
 U. S. v. Young, 25 Fed. Rep., 710. 
 U. S. v. Royer, 122 Fed. Rep., 844; 
 U. S. v. Mann, 160 Fed. Rep., 552. 
 
 § 226. Employees not to become interested in con- 
 tracts. — Whoever, being a person employed in the postal 
 service, shall become interested in any contract for carry- 
 ing the mail, or act as agent, with or without compensa- 
 tion, for any contractor or person offering to become a 
 contractor in any business before the Department, shall 
 be immediately dismissed from office, and shall be fined 
 not more than five thousand dollars, or imprisoned not 
 more than 0110 year, or both. (R. S., s. 412.) 
 
 227. Fraudulent use of official envelopes. — Who- 
 ever shall make use of any official envelope, label, or in- 
 dorsemenl authorized by law, to avoid the payment of 
 postage <>r registry fee on his private letter, packet, pack-
 
 Offenses Against the Postal. Service. 857 
 
 age, or other matter in the mail, shall be fined not more 
 than three hundred dollars. (3 Mar., 1877, 19 Stat. L., 
 335, c. 103, s. 5; 1 Supp., 135. 3 Mar., 1879, 20 Stat. L., 
 362, c. 180, s. 29. 5 July 1884, 23 Stat. L., 158, c. 234, s. 
 3; 1 Supp., 467. 2 July 1886, 24 Stat. L., 1122, c. 611; 
 Supp., 500.) 
 
 § 228. Fraudulent increase of weight of mail. — Who- 
 ever shall place or cause to be placed any matter in the 
 mails during the regular weighing period, for the pur- 
 pose of increasing the weight of the mail with intent to 
 cause an increase in the compensation of the railroad 
 mail carrier over whose route such mail may pass, shall 
 be fined not more than twenty thousand dollars, or im- 
 prisoned not more than five years, or both. (13 June 
 1898, 30 Stat. L., 442, c. 446, s. 1; 2 Supp., 778.) 
 
 § 229. Offenses against foreign mail in transit.— 
 Every foreign mail shall, while being transported across 
 the territory of the United States, under authority of 
 law, be taken and deemed to be a mail of the United 
 States so far as to make any violation thereof, or depre- 
 dation thereon, or offense in respect thereto, or any part 
 thereof, an offense of the same grade, and punishable in 
 the same manner and to the same extent as though the 
 mail was a mail of the United States; and in any indict- 
 ment or information for any such offense, the mail, or 
 any part thereof, may be alleged to be, and on the trial of 
 any such indictment or information it shall be deemed 
 and held to be, a mail or part of a mail of the United 
 States. (R. S., s. 4013.) 
 
 § 230. Omission to take oath. — Every person employ- 
 ed in the postal service shall be subject to all penalties 
 and forfeitures for the violation of the laws relating to 
 such service, whether he has taken the oath of office or 
 not. (E. S., s. 3832.) 
 
 § 231. Definitions. — The words "postal service,' 1 
 wherever used in this chapter, shall be held and deemed 
 to include the "Post-Office Department."
 
 CHAPTEE NINE. 
 
 OFFENSES AGAINST FOREIGN AND INTERSTATE COMMERCE. 
 
 § 232. Dynamite, etc., not to be carried on vessels or vehicles carry- 
 ing passengers for hire. 
 
 233. Interstate Commerce Commission to make regulations for 
 
 transportation of explosives. 
 
 234. Liquid nitroglycerin, etc., not to be carried on certain vessels 
 
 and vehicles. 
 . 235. Marking of packages of explosives; deceptive marking. 
 
 236. Death or bodily injury caused by such transportation. 
 
 237. Importation and transportation of lottery tickets, etc., for- 
 
 bidden. 
 
 238. Interstate shipment of intoxicating liquors; delivery of to be 
 
 made only to bona fide consignee. 
 
 239. Common carrier, etc., not to collect purchase price of inter- 
 
 state shipment of intoxicating liquors. 
 
 240. Packages containing intoxicating liquors shipped in inter- 
 
 state commerce to be marked as such. 
 
 241. Importation of certain wild animals and birds forbidden. 
 
 242. Transportation of prohibited animals. 
 
 243. Marking of packages. 
 
 244. Penalty for violation of three preceding sections. 
 
 245. Importation and transportation of obscene, etc., books, etc. 
 
 § 232. Dynamite, etc., not to be carried on vessels or 
 vehicles carrying passengers, for hire. — It shall be unlaw- 
 ful to transport, carry, or convey, any dynamite, gun- 
 powder, or other explosive, between a place in a foreign 
 country and a place within or subject to the jurisdiction 
 of the United States, or between a place in any State, 
 Territory or District of the United States, or place non- 
 contiguous to but subject to the jurisdiction thereof, and 
 a place in any other State, Territory, or District of the 
 United States, or place noncontiguous to but subject to 
 the jurisdiction thereof, on any vessel or vehicle of any 
 description operated by a common carrier, which vessel 
 or vehicle is carrying passengers for hire: Provided, That 
 it shall be lawful to transport on any such vessel or vehic- 
 le small arms ammunition in any quantity, and such fuses, 
 torpedoes, rockets, or other signal devices, as may be es- 
 ential to promote safety in operation, and properly packed 
 and marked samples of explosives for laboratory exami- 
 
 (858)
 
 Offenses Against Foreign and Interstate Com 850 
 
 nation, not exceeding a net weight of one half pound each, 
 and not exceeding twenty samples at one time in a single 
 vessel or vehicle; but such samples not to be carried in 
 that part of a vessel or vehicle which is intended for 
 the transportation of passengers for hire ; Provided, fur- 
 ther, That nothing in this section shall be construed to 
 prevent the transportation of military or naval forces 
 with their accompanying munitions of war on passenger 
 equipment vessels or vehicles. (R. S., ss. 4278, 5353. 30 
 May, 1908, 35 Stat. L., 554, c. 234, s. 1.) 
 
 § 233. Interstate Commerce Commission to make 
 regulations for transportation of explosives. — The Inter- 
 state Commerce Commission shall formulate regulations 
 for the safe transportation of explosives, which shall be 
 binding upon all common carriers engaged in interstate 
 or foreign commerce which transport explosives by land. 
 Said commission, of its own motion, or upon application 
 made by any interested party, may make changes or 
 modifications in such regulations, made desirable by new 
 information or altered conditions. Such regulations shall 
 be in accord with the best known practicable means for 
 securing safety in transit, covering the packing, mark- 
 ing, loading, handling while in transit, and the precau- 
 tions necessary to determine whether the material when 
 offered is in proper condition to transport. Such regula- 
 tions, as well as all changes or modifications thereof, 
 shall take effect ninety days after their formulation and 
 publication by said commission and shall be in effect un- 
 til reversed, set aside, or modified. (R. S., ss. 4279, 5355. 
 30 May, 1908, 35 Stat. L., 555 c. 234, s. 2.) 
 
 § 234. Liquid nitroglycerin, etc., not to be carried on 
 certain vessels and vehicles. — It shall be unlawful to 
 transport, carry, or convey liquid nitroglycerin, fulmi- 
 nate in bulk in dry condition, or other like explosive, be- 
 tween a place in a foreign country and a place within or 
 subject to the jurisdiction of the United States, or be- 
 tween a place in one State, Territory, or District of the 
 United States, or place noncontiguous to but subject to 
 the jurisdiction thereof, and a place in any other State, 
 Territory, or District of the United States, or place non- 
 contiguous to but subject to the jurisdiction thereof, on
 
 860 Federal Criminal Law Procedure. 
 
 any vessel or vehicle of any description operated by a 
 common carrier in the transportation of passengers or 
 articles of commerce by land or water. (30 May, 1908, 
 35 Stat. L., 555, c, 234, s. 3.) 
 
 § 235. Marking of packages of explosives; deceptive 
 marking'. — Every package containing explosives or other 
 dangerous articles when presented to a common carrier 
 for shipment shall have plainly marked on the outside 
 thereof the contents thereof; and it shall be unlawful for 
 any person to deliver, or cause to be delivered, to any 
 common carrier engaged in interstate or foreign com- 
 merce by land or water, for interstate or foreign trans- 
 portation, or to carry upon any vessel or vehicle engaged 
 in interstate or foreign transportation, any explosive, or 
 other dangerous article, under any false or deceptive 
 marking, description, invoice, shipping order, or other 
 declaration, or without informing the agent of such car- 
 rier of the true character thereof, at or before the time 
 such delivery or carriage is made. Whoever shall know- 
 ingly violate, or cause to be violated, any provision of 
 this section, or of the three sections last preceding, or 
 any regulation made by the Interstate Commerce Com- 
 mission in pursuance thereof, shall be fined not more than 
 two thousand dollars, or imprisoned not more than eigh- 
 teen months, or both. (30 May, 1908, 35 Stat. L., 555, c. 
 234, ss. 4, 5.) 
 
 § 236. Death or bodily injury caused by such trans- 
 portation. — When the death or bodily injury of any per- 
 son is caused by the explosion of any article named in 
 the four sections last preceding while the same is being- 
 placed upon any vessel or vehicle to be transported in 
 violation thereof, or while the same is being so trans- 
 ported, or while the same is being removed from such 
 vessel or vehicle, the person knowingly placing, or aid- 
 ing or permitting the placing, of such articles upon any 
 such vessel or vehicle, to be so transported, shall be im- 
 prisoned not more than ten years, (R. S., s. 5354.) 
 
 237. Importation and transportation of lottery tick- 
 ets, etc. — Whoever shall bring or cause to be brought in- 
 to the United Stales or any place subject to the jurisdic- 
 tion thereof, from any foreign country, for the purpose
 
 Offenses Against Foreign and Interstate Com. 861. 
 
 of disposing of the same, any paper, certificate, or in- 
 strument purporting to be or to represent a ticket, 
 chance, share, or interest in or dependent upon the event 
 of a lottery, gift enterprise, or similar scheme, offering 
 jDrizes dependent in whole or in part upon lot or chance, 
 or any advertisement of, or list of the prizes drawn or 
 awarded by means of, any such lottery, gift enterprise, 
 or similar scheme; or shall therein knowingly deposit or 
 cause to be deposited with any express company or other 
 common carrier for carriage, or shall carry, from one 
 State, Territory, or District of the United States, or place 
 noncontiguous to but subject to the jurisdiction thereof, 
 to any other State, Territory, or District of the United 
 States, or place noncontiguous to but subject to the juris- 
 diction thereof, or from any place in or subject to the 
 jurisdiction of the United States through a foreign coun- 
 try to any place in or subject to the jurisdiction thereof 
 or from any place in or subject to the jurisdiction of the 
 United States to a foreign country, any paper, certificate, 
 or instrument purporting to be or to represent a ticket, 
 chance, share, or interest in or dependent upon, the event 
 of any such lottery, gift enterprise, or similar scheme, 
 or any advertisement of, or list of the prizes drawn or 
 awarded by means of, any such lottery, gift enterprise, 
 or similar scheme, or shall knowingly take or receive, 
 or cause to be taken or received, any such paper, certifi- 
 cate, instrument, advertisement, or list so brought, de- 
 posited, or transported, shall, for the first offense be fined 
 not more than one thousand dollars, or imprisoned not 
 more than two years, or both; and for any subsequent of- 
 fense shall.be imprisoned not more than two years. (2 
 Mar., 1895, 28 Stat. L., 963, c. 191, s. 1; 2 Supp., 435.) 
 
 France v. U. S., 164 U. S., 676; S. v. Ames, 95 Fed. Rep., 453; U. S. 
 Champion v. Ames, 188 U. S., 321; v. Whelpley, 125 Fed. Rep., 616. 
 Francis v. U. S., 188 U. S., 375; U. 
 
 § 238. Interstate shipment of intoxicating liquors; 
 delivery of to be made only to bona fide consignee. — Any 
 officer, agent, or employee of any railroad company, ex- 
 press company, or other common carrier, who shall know- 
 ingly deliver or cause to be delivered to any person other 
 than the person to whom it has been consigned, unless 
 upon the written order in each instance of the bona fide
 
 
 862 Federal Criminal Law Procedure. 
 
 consignee, or any fictitous person, or to any person under 
 a fictitous name, any spirituous, vinous, malted, fer- 
 mented, or other intoxicating liquor of any kind which 
 has been shipped from one State, Territory, or District 
 of the United States, or place noncontiguous to but sub- 
 ject to the jurisdiction thereof, into any other State, Ter- 
 ritory, or District of the United States, or place noncon- 
 tiguous to but subject to the jurisdiction thereof, or from 
 any foreign country into any State, Territory, or Dis- 
 trict of the United States, or place noncontiguous to but 
 subject to the jurisdiction thereof, shall be fined not more 
 than five thousand dollars, or imprisoned not more than 
 two years, or both. 
 
 § 239. Common carrier, etc., not to collect purchase 
 price of interstate shipment of intoxicating liquors. — Any 
 railroad company, express company, or other common 
 carrier, or any other person who, in connection with the 
 transportation of any spirituous, vinous, malted, ferment- 
 ed, or other intoxicating liquor of any kind, from one 
 State, Territory, or District of the United States, or place 
 noncontiguous to but subject to the jurisdiction thereof, 
 into any other State, Territory, or District of the United 
 States, or place noncontiguous to but subject to the ju- 
 risdiction thereof, or from any foreign country into any 
 State, Territory, or District of the United States, or place 
 noncontiguous to but subject to the jurisdiction thereof, 
 shall collect the purchase price or any part thereof, be- 
 fore, on, or after delivery, from the consignee, or from 
 any other fjerson, or shall in any manner act as the agent 
 of the buyer or seller of any such liquor, for the purpose 
 of buying or selling or completing the sale thereof, sav- 
 ing only in the actual transportation and delivery of the 
 same, shall be fined not more than five thousand dollars. 
 
 § 240. Packages containing intoxicating liquors 
 shipped in interstate commerce to be marked as such. — 
 Whoever shall knowingly ship or cause to be shipped, 
 from one Stale, Territory, or District of the United 
 Stales, or place noncontiguous to but subject to the ju- 
 risdiction thereof, into any other State, Territory, or Dis- 
 trict of the I'nitc.l States, or place noncontiguous to but 
 subjeel tn the jurisdiction thereof, or from any foreign
 
 Offenses Against Foreign and Interstate Com. 863 
 
 country into any State, Territory, or District of the Unit- 
 ed States, or place noncontiguous to but subject to the 
 jurisdiction thereof, any package of or package contain- 
 ing any spirituous, vinous, malted, fermented, or other 
 intoxicating liquor of any kind, unless such package be 
 so labeled on the outside cover as to plainly show the 
 name of the consignee, the nature of its contents, and 
 the quantity contained therein, shall be fined not more 
 than five thousand dollars ; and such liquor shall be for- 
 feited to the United States, and may be seized and con- 
 demned by like proceedings as those provided by law for 
 the seizure and forfeiture of property imported into the 
 United States contrary to law. 
 
 § 241. Importation of certain wild animals, birds, and 
 reptiles forbidden. — The importation into the United 
 States, or any Territory or District thereof, of the mon- 
 goose, the so-called "flying foxes" or fruit bats, the Eng- 
 lish sparrow, the starling, and such other birds and ani- 
 mals as the Secretary of Agriculture may from time to 
 time declare to be injurious to the interests of agricul- 
 ture or horticulture, is here prohibited; and all such birds 
 and animals shall, upon arrival at any port of the United 
 States, be destroyed or returned at the expense of the 
 owner. No person shall import into the United States 
 or into any Territory or District thereof, any foreign wild 
 animal or bird, except under special permit from the Sec- 
 retary of Agriculture : Provided, That nothing in this sec- 
 tion shall restrict the importation of natural history spec- 
 imens for museums or scientific collections, or of certain 
 cage birds, such as domesticated canaries, parrots, or 
 such other birds as the Secretary of Agriculture may 
 designate. The Secretary of the Treasury is hereby au- 
 thorized to make regulations for carrying into effect the 
 provisions of this section. (25 May, 1900, 31 Stat. L., 
 188, c. 553, s. 2; 2 Supp., 1174.) 
 
 § 242. Transportation of prohibited animals. — It shall 
 be unlawful for any person to deliver to any common car- 
 rier for transportation, or for any common carrier to 
 transport from any State, Territory, or District of the 
 United States, to any other State, Territory, or District 
 thereof, any foreign animals or birds, the importation of
 
 864 Federal Criminal Law Procedure. 
 
 which is prohibited, or the dead bodies or parts thereof 
 of any wild animals or birds, where such animals or birds 
 have been killed or shipped in violation of the laws of 
 the State, Territory, or district in which the same were 
 killed, or from which they were shipped: Provided, That 
 nothing herein shall prevent the transportation of any 
 dead birds or animals killed during the season when the 
 same may be lawfully captured, and the export of which 
 is not prohibited by law in the State, Territory, or Dis- 
 trict in which the same are captured or killed : Provided 
 further, That nothing herein shall prevent the importa- 
 tion, transportation, or sale of birds or bird plumage 
 manufactured from the feathers of barnyard fowls. (25 
 May, 1900, 31 Stat. L., 188, c, 553, s. 3; 2 Supp., 1174.) 
 
 U. S. v. Smith, 115 Fed. Rep., 423; 
 U. S. v. Thompson, 147 Fed. Rep., 637. 
 
 § 243. Marking of packages. — All packages contain- 
 ing the dead bodies, or the plumage, or parts thereof, of 
 game animals, or game or other wild birds, when shipped 
 in interstate or foreign commerce, shall be plainly and 
 clearly .marked, so that the name and address of the ship- 
 per, and the nature of the contents, may be readily as- 
 certained on an inspection of the outside of such package. 
 (25 May, 1900, 31 Stat. L., 188, c. 553, s. 4; 2 Supp., 1174.) 
 
 § 244. Penalty for violation of preceding sections. — 
 For each evasion or violation of any provision of the 
 three sections last preceding, the shipper shall be fined 
 not more than two hundred dollars; the consignee know- 
 ingly receiving such articles so shipped and transported 
 in violation of said section shall be fined not more than 
 two hundred dollars; and the carrier knowingly carrying 
 or transporting the same in violation of said sections 
 shall be fined not more than two hundred dollars. (25 
 May, 1900, 31 Stat. L., 188, c. 553, s. 4; 2 Supp., 1174.) 
 
 § 245. Depositing obscene books, etc., with common 
 carrier. — Whoever shall bring or cause to be brought in- 
 1o the United States or any place subject to the jurisdic- 
 tion thereof, from any foreign country, or shall therein 
 knowingly deposit or cause to be deposited with any ex- 
 press company or other common carrier, for carriage 
 from one State, Territory, or District of the United 
 S1;i1cs, of place noncontiguous to but subject to the ju-
 
 Offenses Against Foreign and Interstate Com. 865 
 
 risdiction thereof, to any other State, Territory, or Dis- 
 trict of the United States, or place noncontiguous to but 
 subject to the jurisdiction thereof, or from any place in 
 or subject to the jurisdiction of the United States through 
 a foreign country to any place in or subject to the juris- 
 diction thereof, or from any place in or subject to the ju- 
 risdiction of the United States to a foreign country, any 
 obscene, lewd, or lascivious, or filthy book, pamphlet, 
 picture paper, letter, writing, print, or other matter of in- 
 decent character or any drug medicine, article, or thing 
 designed, adapted, or intended for preventing concep- 
 tion, or producing abortion, or for any indecent or im- 
 moral use, or any written or printed card, letter, circular, 
 book, pamphlet, advertisement or notice of any kind giv- 
 ing information, directly or indirectly, where, how, or of 
 whom, or by what means any of the hereinbefore-men- 
 tioned articles, matters, or things may be obtained or 
 made; or whoever shall knowingly take or cause to be 
 taken from such express company or other common car- 
 rier any matter or thing the depositing of which for car- 
 riage is herein made unlawful, shall be fined not more 
 than five thousand dollars, or imprisoned not more than 
 five years, or both. (8 Feb., 1897, 29 Stat. L., 512, c. 172; 
 2 Supp., 547. 8 Feb., 1905, 33 Stat. L., 705, c. 550.) 
 
 55
 
 CHAPTER TEN. 
 
 THE SLAVE TRADE AND PEONAGE. 
 
 § 246. Confining or detaining slaves on board vessel. 
 
 247. Seizing slaves on foreign shore. 
 
 248. Bringing slaves into the United States. 
 
 249. Equipping vessels for slave trade. 
 
 250. Transporting persons to be held as slaves. 
 
 251. Hovering on coast with slaves on board. 
 
 252. Serving in vessels engaged in the slave trade. 
 
 253. Receiving or carrying away any person to be sold or held as 
 
 a slave. 
 
 254. Equipping, etc., vessel for slave trade. 
 
 255. Penalty on persons building, equipping, etc. 
 
 256. Forfeiture of vessel transporting slaves. 
 
 257. Receiving persons on board to be sold as slaves. 
 
 258. Vessels found hovering on coast. 
 
 259. Forfeiture of interest in vessels transporting slaves. 
 
 260. Seizure of vessels engaged in the slave trade. 
 
 261. Proceeds of condemned vessel, how distributed. 
 
 262. Disposal of persons found on board seized vessel. 
 
 263. Apprehension of officers and crew. 
 
 264. Removal of persons delivered from seized vessels. 
 
 265. To what port captured vessels sent. 
 
 266. When owners of foreign vessels shall give bond. 
 
 267. Instructions to commanders of armed vessels. 
 
 268. Kidnapping. 
 
 269. Holding or returning persons to peonage. 
 
 270. Obstructing enforcement of preceding section. ' 
 
 271. Bringing kidnapped persons into United States. 
 
 § 24fi. Confining or detaining slaves on board vessel. 
 
 Whoever being of the crew or ship's company of any 
 foreign vessel engaged in the slave trade, or being of the 
 crew or ship's company of any vessel owned wholly or in 
 part or navigated for or in behalf of any citizen of the 
 United SI ales, forcibly confines or detains on board such 
 vessel any person as a slave, or on board such vessel, of- 
 fers <»r attempts to sell as a slave any such person, or on 
 the high seas, or anywhere on tide water, transfers or de- 
 livers to any other vessel any such person with in- 
 tent to make sneh person a slave, or lands or de- 
 li vers on shore from on board such vessel any per- 
 son with intent to make sale of, or having previously sold 
 
 (866)
 
 The Slave Trade and Peonage. 867 
 
 such person as a slave, is a pirate, and shall be impris- 
 oned for life. (B. S., s. 5375. 15 Jan., 1897, 29 Stat. L., 
 487, c. 29, s. 2; 2 Supp., 538.) 
 
 U. S. v. Corrie, 23 L. R., 145, 25 v. Libby, 1 Wood & M., 221, 26 Fed. 
 Fed. Cas., 658; U. S. v. Gordon, 5 Cas., 928. 
 Blatch., 18, 25 Fed. Cas., 1364; U. S. 
 
 § 247. Seizing slaves on foreign shore. — Whoever, 
 being of the crew or ship's company of any foreign ves- 
 sel engaged in the slave trade, or being of the crew or 
 ship's company of any vessel owned in whole or part, or 
 navigated for, or in behalf of, any citizen of the United 
 States, lands from such vessel, and on any foreign shore, 
 seizes any person with intent to make such person a slave, 
 or decoys, or forcibly brings, or carries or receives such 
 person on board such vessel, with like intent, is a pirate, 
 and shall be imprisoned for life. (B. S., s. 5376. 15 Jan., 
 1897, 29 Stat. L., 487, c. 29, s. 2; 2 Supp., 538.) 
 
 U. S. v. Corrie, 23 L. R., 145, 25 
 Fed. Cas., 658. 
 
 § 248. Bringing slaves into the United States. — Who- 
 ever brings within the jurisdiction of the United States, 
 in any manner whatsoever, any person from any foreign 
 kingdom or country, or from sea, or holds, sells, or other- 
 wise disposes of, any person so brought in, as a slave, or 
 to be held to service or labor, shall be fined not more than 
 ten thousand dollars, one-half to the use of the United 
 States and the other half to the use of the party who 
 prosecutes the indictment to effect; and moreover, shall 
 be imprisoned not more than seven years. (B. S., s. 5377.) 
 
 U. S. v. Libby, 1 Wood & M., 221, 
 26 Fed. Cas., 928. 
 
 § 249. Equipping vessels for slave trade, — Whoever 
 builds, fits out, equips, loads, or otherwise prepares, or 
 sends away, either as master, factor, or owner, any ves- 
 sel, in any port or place within the jurisdiction of the 
 United States, or causes such vessel to sail from any port 
 or place whatsoever, within such jurisdiction, for the pur- 
 pose of procuring any person from any foreign kingdom 
 or country to be transported to any port or place whatso- 
 ever, to be held, sold, or otherwise disposed of as a slave, 
 or held to service or labor, shall be fined not more than 
 five thousand dollars one-half to the use of the United 
 States and the other half to the use of the person prose-
 
 868 Federal Criminal Law Procedure. 
 
 cuting the indictment to effect; and shall, moreover, be 
 imprisoned not more than seven years. (R. S., s. 5378.) 
 
 § 250. Transporting persons to be held as slaves. — 
 Whoever, within the jurisdiction of the United States, 
 lakes on board, receives or transports from any foreign 
 kingdom, or country or from sea, any person in any ves- 
 sel for the purpose of holding, selling, or otherwise dis- 
 posing of such person as a slave or to be held to service 
 or labor, shall be punished as prescribed in the section 
 last preceding. (R. S., s. 5379.) 
 
 § 251. Hovering on coast with slaves on board. — 
 Whoever, being the captain, master, or commander of 
 any vessel found in any river, port, bay, harbor, or on 
 the high seas within the jurisdiction of the United States, 
 or hovering on the coast thereof, having on board any 
 person, for the purpose of selling such person as a slave, 
 or with intent to land such person for any such purpose, 
 shall be fined not more than ten thousand dollars and 
 imprisoned not more than four years. (R. S., s. 5380.) 
 
 § 252. Serving in vessels engaged in slave trade. — 
 Whoever, being a citizen of the United States, or other 
 person residing therein, voluntarily serves on board of 
 any vessel employed or made use of in the transportation 
 of slaves from any foreign country or place to another, 
 shall be fined not more than two thousand dollars and im- 
 prisoned not more than two years. (R. S., ss. 5381, 5382.) 
 
 § 253. Receiving or carrying away any person to be 
 sold or held as a slave. — Whoever, being the master or 
 owner or person having charge of any vessel, receives on 
 board any other person, with the knowledge or intent 
 that such person is to be carried from any place subject 
 to the jurisdiction of the United States to any other 
 place, to be held or sold as a slave, or carries away from 
 any place subject to the jurisdiction of the United States 
 any such person, with the intent that he may be so held, 
 or sold as slave, shall be fined not more than five thou- 
 sand dollars, or imprisoned not more than five years, or 
 both. (R. S., s. 5524.) 
 
 § 254. Equipping, etc., vessel for slave trade. — No 
 person shall, for himself or for another, as master, fac- 
 tor, or owner, build, 5t, equip, load, or otherwise prepare
 
 The Slave Trade and Peonage. 869 
 
 any vessel in any port or place within the jurisdiction of 
 the United States, or cause any vessel to sail from any 
 port or ]3lace within the jurisdiction of the United States, 
 for the purpose of procuring any person from any foreign 
 kingdom, place, or country to be transported to any port 
 or place whatsoever, to be held, sold, or otherwise dis- 
 posed of, as a slave, or to be held to service or labor; and 
 every vessel so built, fitted out, equipped, laden, or other- 
 wise prepared, with her tackle, apparel, furniture, and 
 lading, shall be forfeited; one moiety to the use of the 
 United States and the other to the use of the person who 
 sues for the forfeiture and prosecutes the same to effect. 
 (R. S., s. 5551.) 
 
 The Emily, 9 Wheat., 281; U. S. v. jr., 264, 24 Fed. Cas., 1280; Re Sah 
 Gooding, 12 Wheat., 460; The Slavers. Quah, 31 Fed. Rep., 327. ■ 
 2 Wall., 350; U. S. v. Brune, 2 Wall.. 
 
 § 255. Penalty on persons building, equipping, etc. — 
 Whoever so builds, fits out, equips, loads, or otherwise 
 prepares or sends away any vessel, knowing or intending 
 that the same shall be employed in such trade or busi- 
 ness, contrary to the provisions of the section last pre- 
 ceding, or in any way aids or abets therein, shall, besides 
 the forfeiture of the vessel, pay the sum of two thousand 
 dollars; one moiety thereof to the use of the United States 
 and the other moiety thereof to the use of the person who 
 sues for and prosecutes the same to effect. (R. S., s. 
 5552.) 
 
 § 256. Forfeiture of vessel transporting slaves. — 
 Every vessel employed in carrying on the slave trade or 
 on which is received or transported any person from any 
 foreign kingdom or country, or from sea, for the purpose 
 of holding, selling, or otherwise disposing of such per- 
 son as a slave, or of holding such person to service or 
 labor, shall, together with her tackle, apparel, furniture, 
 and the goods and effects which may be found on board, 
 or which may have been imported thereon in the same 
 voyage, be forfeited ; one moiety to the use of the United 
 States and the other to the use of the person who sues 
 for and prosecutes the forfeiture to effect. (R. S. s. 5553.) 
 
 § 257. Receiving persons on board to be sold as slaves. 
 — Whoever, being a citizen of the United States, takes on 
 board, receives, or transports any person for the purpose
 
 870 Federal Criminal Law Procedure. 
 
 of selling such person as a slave shall, in addition to the 
 forfeiture of the vessel, pay for each person so received 
 on board or transported the sum of two hundred dollars, 
 to be recovered in any court of the United States; the one 
 moiety thereof to the use of the United States and the 
 other moiety to the use of the person who sues for and 
 prosecutes the same to effect. (R. S., s. 5554.) 
 
 § 258. Vessels found hovering on coast. — Every ves- 
 sel which is found in any river, port, bay, or harbor, or 
 on the high seas, within the jurisdiction of the United 
 States, or hovering on the coasts thereof, and having on 
 board any person, with intent to sell such person as a 
 slave, or with intent to land the same for that purpose, 
 either in the United States or elsewhere, shall, together 
 with her tackle, apparel, furniture, and the goods or ef- 
 fects on board of her, be forfeited to the United States. 
 (R. S., s. 5555.) 
 
 § 259. Forfeiture of interest in vessels transporting 
 slaves. — It shall be unlawful for any citizen of the United 
 States, or other person residing therein, or under the 
 jurisdiction thereof, directly or indirectly to hold or have 
 any right or property in any vessel employed or made 
 use of in the transportation or carrying of slaves from 
 one foreign country or place to another, and any such 
 right or property shall be forfeited, and may be libeled 
 and condemned for the use of the person suing for the 
 same. Whoever shall violate the prohibition of this sec- 
 tion shall also forfeit and pay a sum of money equal to 
 double the value of his right or property in such vessel ; 
 and shall also forfeit a sum of money equal to double 
 the value of the interest he had in the slaves which at 
 any time may be transported or carried in such vessels. 
 (R. S., s. 5556.) 
 
 § 260. Seizure of vessels engaged in the slave trade. 
 — The President is authorized, when he deems it expe- 
 dient, to man and employ any of the armed vessels of the 
 United States to cruise wherever he may judge attempts 
 are making to carry on the slave trade, by citizens or 
 residents of the United States, in contravention of laws 
 prohibitory of the same; and, in such case, he shall in- 
 struct the commanders of such armed vessels to seize,
 
 The Slave Trade and Peonage. 871 
 
 take, and bring into any port of the United States, to be 
 proceeded against according to law, all American ves- 
 sels, wheresoever found, which may have on board, or 
 which may be intended for the purpose of taking on 
 board, or of transporting, or may have transported any 
 person, in violation of the provisions of any act of Con- 
 gress prohibiting the traffic in slaves. (R. S., s. 5557.) 
 
 § 261. Proceeds of condemned vessels, how distribut- 
 ed. — The proceeds of all vessels, their tackle, apparel, and 
 furniture, and the goods and effects on board of them, 
 which are so seized, prosecuted, and condemned, shall be 
 paid into the Treasury of the United States. (R. S., s. 
 5558.) 
 
 § 262. Disposal of persons found on board seized ves- 
 sel. — The officers of the vessel making such seizure shall 
 safely keep every person found on board of any vessel 
 so seized, taken, or brought into port for condemnation, 
 and shall deliver every such person to the marshal of the 
 district into which he may be brought, if into a port of 
 the United States, or if elsewhere, to such person as may 
 unlawfully appointed by the President, in the manner di- 
 rected by law, transmitted to the President, as soon as 
 may be after such delivery, a descriptive list of such per- 
 sons, in order that he may give directions for the dispos- 
 al of them. (R. S., s. 5559.) 
 
 § 263. Apprehension of officers and crew. — The com- 
 manders of such commissioned vessels shall cause to be 
 apprehended and taken into custody every person found 
 on board of such offending vessel so seized and taken, be- 
 ing of the officers or crew thereof, and him convey, as soon 
 as conveniently may be, to the civil authority of the Unit- 
 ed States, to be proceeded against in due course of law. 
 (R. S., s. 5560.) 
 
 § 264. Removal of persons delivered from seized ves- 
 sels.. — The President is authorized to make such regula- 
 tions and arrangements as he may deem expedient for 
 the safe keeping, support, and removal beyond the limits 
 of the United States of all such persons as may be so de- 
 livered and brought within its jurisdiction. (R. S., s. 
 5561.)
 
 872 Federal Criminal Law Procedure. 
 
 § 265. To what port captured vessels sent. — It shall 
 be the duty of the commander of any armed vessel of 
 the United States, whenever he makes any capture un- 
 der the preceding provisions, to bring the vessel and her 
 cargo, for adjudication, into some port of the State, Ter- 
 ritory, or District to which such vessel so captured may 
 belong, if he can ascertain the same ; if not, then into any 
 convenient port of the United States. (R. S., s. 5563.) 
 
 § 266. When owners of foreign vessels shall give 
 bond. — Every owner, master, or factor of any foreign ves- 
 sel clearing from any port within the jurisdiction of the 
 United States, and suspected to be intended for the slave 
 trade, and the suspicion being declared to the officer of 
 the customs by any citizen, on oath, and such informa- 
 tion being to the satisfaction of the officer, shall first give 
 bond, with sufficient sureties, to the Treasurer of the 
 United States that none of the natives of any other for- 
 eign country or place shall be taken on board such vessel 
 to be transported or sold as slaves in any other foreign 
 port or place whatever, within nine months thereafter. 
 (R. S., s. 5564.) 
 
 § 267. Instructions to commanders of armed vessels. 
 — The President is authorized to issue instructions to the 
 commanders of the armed vessels of the United States, 
 directing them, whenever it is practicable, and under 
 such rules and regulations as he may prescribe, to pro- 
 ceed directly to the country from which they were taken, 
 and there hand over to the agent of the United States 
 all such persons, delivered from on board vessels seized 
 in the prosecution of the slave trade; and they shall 
 afterward bring the captured vessels and persons en- 
 gaged in prosecuting such trade to the United States for 
 trial and adjudication. R. S., s. 5567. 
 
 § 268. Kidnaping. — Whoever kidnaps or carries away 
 any other person, with the intent that such other 
 person be sold into involuntary servitude, or held as a 
 slave; or who entices, persuades, or induces any other 
 person to go on board any vessel or to any other place 
 with the intent that he may be made or held as a slave, 
 or sent out of the country to be so made or held ; or who 
 in any way knowingly aids in causing any other person
 
 The Slave Trade and Peonage. 873 
 
 to be held, sold, or carried away to be held or sold as a 
 slave, shall be fined not more than five thousand dollars, 
 or imprisoned not more than five years, or both. (R. S., 
 s. 5525.) 
 
 § 269. Holding or returning person to peonage. — 
 Whoever holds, arrests, returns, or causes to be held, 
 arrested, or returned, or in any manner aids in the arrest 
 or return of any person to a condition of peonage, shall 
 be fined not more than five thousand dollars, or impris- 
 oned not more than five years, or both. (R. S., s. 5526.) 
 
 Clyatt v. U. S.. 197 U. S., 207; 252; U. S. v. McClellan, 127 Fed. Rep., 
 
 Peonage; Cases, 123 Fed. Rep., 671; 971; U. S. v. Cole, 153 Fed. Rep., 801; 
 
 136 Fed. Rep., 707; 138 Fed. Rep., U. S. v. Clement, 171 Fed. Rep., 974. 
 
 686; U. S. v. Eberhart, 127 Fed. Rep., 
 
 § 270. Obstructing execution of above. — Whoever ob- 
 structs, or attempts to obstruct, or in any way interferes 
 with or prevents the enforcement of the section last pre- 
 ceding, shall be liable to the penalties therein prescribed. 
 (R. S. s. 5527). 
 
 § 271. Bringing kidnapped persons into United 
 States. — Whoever shall knowingly and willfully bring 
 into the United States or any place subject to the juris- 
 diction thereof, any person inveigled or forcibly kidnap- 
 ped in any other country, with intent to hold such person 
 so inveigled or kidnapped in confinement or to any in-, 
 voluntary servitude; or whoever shall knowingly and 
 willfully sell, or cause to be sold, into any condition of 
 involuntary servitude, any other person for any term 
 whatever; or whoever shall knowingly and willfully hold 
 to involuntary servitude any person so brought or sold, 
 shall be fined not more than five thousand dollars and 
 imprisoned not more than five years. (23 June, 1874, 18 
 Stat. L. 251, c. 464, s. 1; 1 Supp., 46).
 
 CHAPTER ELEVEN. 
 
 OFFENSES WITHIN THE ADMIRALTY AND MARITIME AND 
 
 THE TERRITORIAL JURISDICTION OF THE 
 
 UNITED STATES. 
 
 § 272. Places within or waters upon which sections of this chapter 
 shall apply. 
 
 273. Murder. 
 
 274. Manslaughter. 
 
 275. Punishment for murder; for manslaughter. 
 
 276. Assault with intent to commit murder, rape, robbery, etc. 
 
 277. Attempt to commit murder or manslaughter. 
 
 278. Rape. 
 
 279. Having carnal knowledge of female under sixteen. 
 
 280. Seduction of female passenger on vessel. 
 
 281. Payment of fine to female seduced; evidence required; limita- 
 
 tion on indictment. 
 
 282. Loss of life by misconduct of officers, etc., of vessels. 
 
 283. Maiming. 
 
 284. Robbery. 
 
 285. Arson of dwelling house. 
 
 286. Arson of other buildings, etc. 
 
 287. Larceny. 
 
 288. Receiving, etc., stolen goods. 
 
 289. Laws of States adopted for punishing wrongful acts, etc. 
 
 § 272. Maritime and territorial jurisdiction prescrib- 
 ed. — The crimes and offenses denned in this chapter 
 shall be punished as herein prescribed: 
 
 First. When committed upon the high seas, or on any 
 other waters within the admiralty and maritime juris- 
 diction of the United States and out of the jurisdiction 
 of any particular State, or when committed within the 
 admiralty and maritime jurisdiction of the United States 
 and out of the jurisdiction of any particular State on 
 board any vessel belonging in whole or in part to the 
 United States or any citizen thereof, or to any corpo-' 
 ration created by or under the laws of the United States, 
 or of any State, Territory, or District thereof. (R. S. s. 
 5339.) 
 
 Wynne v. U. S., 217 U. S., 234. 
 
 Second. When committed upon any vessel registered 
 licensed, or enrolled under the laws of the United States, 
 
 (874)
 
 Offenses, Etc., of the United States. 875 
 
 and being on a voyage upon the waters of any of the Great 
 Lakes, namely: Lake Superior, Lake Michigan, Lake 
 Huron, Lake Saint Clair, Lake Erie, Lake Ontario, or 
 any of the waters connecting any of said lakes, or upon 
 the River Saint Lawrence where the same constitutes the 
 International boundary line. (4 Sept., 1890, 26 Stat. L., 
 421, c. 874 s. 1; 1 Supp., 799.) 
 
 U. S. v. Rogers, ISO U. S., 249; Ex S. v. Rogers, 46 Fed. Rep., 1; U. S. 
 parte Byers, 32 Fed. Rep., 46, 404; U. v. Peterson, 64 Fed. Rep., 14S. 
 
 Third. "When committed within or on any lands re- 
 served or acquired for the exclusive use of the United 
 States, and under the exclusive jurisdiction thereof, or 
 any place purchased or otherwise acquired by the United 
 States by consent of the legislature of the State in which 
 the same shall be, for the erection of a fort, magazine, 
 arsenal, dockyard, or other needful building. (Const., 
 Art. 1, sec. 8, cl. 17.) 
 
 Fourth. On any island, rock, or key, containing de- 
 posits of guano, which may, at the discretion of the Pres- 
 ident, be considered as appertaining to the United States. 
 (R. S., s. 5570.) 
 
 Jones v. U. S., 137 U. S., 202. 
 
 § 273. Murder. — Murder is the unlawful killing of a 
 human being with malice aforethought. Every murder 
 perpetrated by poison, lying in wait, or any other kind of 
 willful, deliberate, malicious, and premeditated killing; 
 or committed in the perpetration of, or attempt to perpe- 
 trate any arson, rape, burglary, or robbery; or perpetrat- 
 ed from a premeditated design unlawfully and malicious- 
 ly to effect the death of any human being other than him 
 who is killed, is murder in the first degree. Any other 
 murder is murder in the second degree. (R. S., s. 5339.) 
 
 U. S. v. Cornell, 25 Fed. Cas., 646; v. Meagher, 37 Fed. Rep., 875; U. S 
 
 U. S. v. Holmes, 5 Wheat., 412; U. S. v. Clark, 46 Fed. Rep., 633; U. S. v 
 
 v. Rogers, 4 How., 567; Ex parte Crew Hewecker, 79 Fed. Rep., 59; U. S. v 
 
 Dog, 109 U. S., 556 Cook v. U. S., Carter, 84 Fed. Rep., 622; U. S. v, 
 
 138 U. S.. 157; Ball v. U. S., 140 U. Lewis, 111 Fed. Rep., 630; U. S. v 
 
 S., 118; St. Clair v. U. S., 154 U. S., Linnier, 125 Fed. Rep., 83; U. S. v 
 
 134; Sparf & Hansen v. U. S.. 156 U. Tully, 140 Fed. Rep., 899; U. S. v 
 
 S., 51; Winston v. U. S., 172 U. S., Newth, 149 Fed. Rep., 302; U. S. v 
 
 303; Battle v. U. S.. 209 U. S.. 36; U. Battle, 154 Fed. Rep., 540; U. S. v 
 
 S. v. Martin, 14 Fed. Rep., 817; U. S. Guiteau, 1 Mackey (D. C), 498. 
 
 § 274. Manslaughter. — Manslaughter is the unlawful 
 killing of a human being without malice. It is of two 
 kinds;
 
 876 Federal Criminal Law Procedure. 
 
 First. Voluntary — upon a sudden quarrel or heat of 
 passion. 
 
 Second. Involuntary — in the commission of an unlaw- 
 ful act not amounting to a felony, or in the commission 
 of a lawful act which might produce death, in an unlaw- 
 ful manner, or without due caution and circumspection. 
 (R. S., s. 5341.) 
 
 Roberts v. U. S., 126 Fed. Rep., S97. 
 
 § 275. Punishment for murder; for manslaughter, — 
 Every person guilt}^ of murder in the first degree shall 
 suffer death. Every person guilty of murder in the sec- 
 ond degree shall be imprisoned not less than ten years 
 and may be imprisoned for life. Every person guilty of 
 voluntary manslaughter shall be imprisoned not more 
 than ten years. Every person guilty of involuntary man- 
 slaughter shall be imprisoned not more than three years, 
 or fined not exceeding one thousand dollars, or both. 
 (R. S., ss. 5339, 5343.) 
 
 § 276. Assault with intent to commit murder, rape, 
 robbery, etc. — Whoever shall assault another with intent 
 (to commit murder, or rape, shall be imprisoned not more 
 than twenty years. Whoever shall assault another with 
 intent to commit any felony, except murder, or rape, shall 
 be fined not more than three thousand dollars, or impris- 
 oned not more than ten years, or both. Whoever, with 
 intent to do bodily harm, and without just cause or ex- 
 cuse, shall assault another with a dangerous weapon, in- 
 strument, or other thing, shall be fined not more than one 
 thousand dollars, or imprisoned not more than five years, 
 or both. Whoever shall unlawfully strike, beat, or wound 
 another, shall be fined not more than five hundred dol- 
 lars, or imprisoned not more than six months, or both. 
 Whoever shall unlawfully assault another, shall be fined 
 not more than three hundred dollars, or imprisoned not 
 more than three months, or both. (R. S., s. 5346.) 
 
 § 277. Attempt to commit murder or manslaughter. 
 • — Whoever shall attempt to commit murder or man- 
 slaughter, except as provided in the preceding section, 
 shall be fined not more than one thousand dollars and im- 
 prisoned not more than three years. (R. S., s. 5342.)
 
 Offenses, Etc., of the United States. 877 
 
 § 278. Rape. — Whoever shall commit the crime of 
 rape shall suffer death. (R. S., s. 5345. 9 Feb., 1889, 25 
 Stat. L., 658, c. 120; 1 Supp., 641.) 
 
 § 279. Having carnal knowledge of female under 16. 
 — Whoever shall carnally and unlawfully know any fe- 
 male under the age of sixteen years, or shall be accessory 
 to such carnal and unlawful knowledge before the fact, 
 shall, for a first offense, be imprisoned not more than fif- 
 teen years, and for a subsequent offense be imprisoned 
 not more than thirty years. (9 Feb., 1889, 25 Stat. L., 
 658, c. 120; 1 Supp./ 641.) 
 
 § 280. Seduction of female passenger on vessel. — 
 Every master, officer, seaman, or other person employed 
 on board of any American vessel who, during the voyage, 
 under promise of marriage, or by threats, or the exercise 
 of authority, or solicitation, or the making of gifts or 
 presents, seduces and has illicit connection with any fe- 
 male passenger, shall be fined not more than one thous- 
 and dollars or imprisoned not more than one year, or 
 both; but subsequent intermarriage of the parties may 
 be pleaded in bar of conviction. (R. S., s. 5349.) 
 
 § 281. Payment of fine to female seduced; evidence 
 required; limitation on indictment. — When a person is 
 convicted of a violation of the section last preceding, the 
 court may, in its discretion, direct that the amount of the 
 fine, when paid, be paid for the use of the female seduced, 
 or her child, if she have any ; but no conviction shall be 
 had on the testimony of the female seduced, without other 
 evidence, nor unless the indictment is found within one 
 year after the arrival of the vessel on which the offense 
 was committed at the port of its destination. (R. S., ss. 
 5350, 5351.) 
 
 § 282. Punishment for loss of life by misconduct of 
 officers, owners, charterers, inspectors, etc., of vessels.. — 
 Every captain, engineer, pilot, or other person employed 
 on any steamboat or vessel, by whose misconduct, neg- 
 ligence, or inattention to his duties on such vessel the life 
 of any person is destroyed, and every owner, charterer, 
 inspector, or other public officer, through whose fraud, 
 neglect, connivance, misconduct, or violation of law the 
 life of any person is destroyed, shall be fined not more
 
 878 Federal Criminal Law Procedure. 
 
 than ten thousand dollars, or imprisoned not more than 
 ten years, or both: Provided, That, when the owner or 
 charterer of any steamboat or vessel shall be a corpora- 
 tion, any executive officer of such corporation, for the 
 time being actually charged with the control and man- 
 agement of the operation, equipment, or navigation of 
 such steamboat or vessel, who has knowingly and will- 
 fully caused or allowed such fraud, neglect, connivance, 
 misconduct or violation of law by which the life of any 
 person is destroyed shall be fined not more than ten thou- 
 sand dollars or imprisoned not more than ten years, or 
 both. (R. S., s. 5344. 3 Mar., 1905, 33 Stat. L.', 1025, c. 
 1454, s. 5.) 
 
 U. S. v. Holmes, 104 Fed. Rep., 884; 592; Van Schaick v. U. S., 159 Fed. 
 U. S. v. Van Schaick, 134 Fed. Rep., Rep., 847. 
 
 § 283. Maiming. — Whoever with intent to maim or 
 disfigure, shall cut, bite, or slit, the nose, ear, or lip, or 
 cut out or disable the tongue, or put out or destroy an 
 eye or cut off or disable a limb or any member of another 
 person; or whoever, with like intent, shall throw or pour 
 upon another person, any scalding hot water, vitriol, or 
 other corrosive acid, or caustic substance whatever, shall 
 be fined not more than one thousand dollars, or impris- 
 oned not more than seven years, or both. (R. S., s. 5348.) 
 
 § 284. Robbery. — Whoever, by force and violence, or 
 by putting in fear, shall feloniously take from the person 
 or presence of another anything of value, shall be im- 
 prisoned not more than fifteen years. (R. S., s. 5370.) 
 
 § 285. Arson of dwelling house. — Whoever shall will- 
 fully and maliciously set fire to, burn, or attempt to burn, 
 or by means of a dangerous explosive destroy or attempt 
 to destroy, any dwelling house, or any store, barn, sta- 
 ble, or other building, parcel of a dwelling, house, shall 
 be imprisoned not more than twenty years. (R. S., s. 
 5385.) 
 
 14 A. G. Op., 559. 
 
 § 286. Arson of arsenal, etc.; other building, etc. — 
 Whoever shall maliciously set fire to, burn, or attempt 
 to burn, or by any means destroy or injure, or attempt to 
 destroy or injure, any arsenal, armory, magazine, rope- 
 walk, ship-house, warehouse blockhouse, or barrack, or
 
 Offenses, Etc., op the United States. 870 
 
 any store-house, barn, or stable not parcel of a dwelling 
 house or any other building not mentioned in the section 
 last preceding, or any vessel built, building, or undergo- 
 ing repair, or any light-house, or beacon, or any machin- 
 ery, timber, cables, rigging, or other materials or appli- 
 ances for building, repairing, or fitting out vessels, or any 
 pile of wood, boards, or other lumber, or any military, 
 naval, or victualing stores, arms or other munitions of 
 war, shall be fined not more than five thousand dollars 
 and imprisoned not more than twenty years. (R. S., s. 
 5386.) 
 
 U. S. v. Cardish, 143 Fed. Rep., 640. 
 
 § 287. Larceny. — Whoever shall take and carry 
 away, with intent to steal or purloin, any personal prop- 
 erty of another, shall be punished as follows : If the prop- 
 erty taken is of a value exceeding fifty dollars, or is taken 
 from the person of another, by a fine of not more than 
 ten thousand dollars, or imprisonment for not more than 
 ten years, or both; in all other cases, by a fine of not more 
 than one thousand dollars, or by imprisonment not more 
 than one year, or both. If the property stolen consists of 
 any evidence of debt, or other written instrument, the 
 amount of money due thereon, or secured to be paid 
 thereby, and remaining unsatisfied, or which in any con- 
 tingency might be collected thereon, or the value of the 
 property the title to which is shown thereby, or the sum 
 which might be recovered in the absence thereof, shall 
 be deemed to be the value of the property stolen. (R. S., 
 s. 5356.) 
 
 Ex parte Crow Dog 109 U. S., 556; Obs., 3, 26 Fed. Cas., 558; U. S. v. 
 
 U. S. v. Davis, 5 Mason. 356, 25 Fed. Maxon, 5 Blatch., 360, 26 Fed. Cas., 
 
 Cas., 781; U. S. v. Davis, 2 N. Y. Leg. 1220; U. S. v. Morel, 13 Am. Jurist, 
 
 Obs., 35, 25 Fed. Cas., 784; U. S. v. 279, 26 Fed. Cas., 1310; Cochran v. 
 
 Hamilton, 1 Mason, 152, 26 Fed. Cas., U. S., 147 Fed. Rep., 206. 
 93; U. S. v. Jackson, 2 N. V. he?. 
 
 § 288. Receiving, etc., stolen goods. — Whoever shall 
 buy, receive, or conceal, any money, goods, bank notes, 
 or other thing which may be the subject of larceny, which 
 has been feloniously taken, stolen, or embezzled, from any 
 other person, knowing the same to have been so taken, 
 stolen, or embezzled, shall be fined not more than one 
 thousand dollars and imprisoned not more than three 
 years; and such person may be tried either before or af-
 
 880 Fedeeal Criminal Law Procedure. 
 
 ter the conviction of the principal offender. (R. S., s. 
 5357.) 
 
 Ex parte Crow Dog, 109 U. S., 556. 
 Bise v. U. S., 144 Fed. Rep., 374. 
 
 § 289. Laws of States adopted for punishing wrong- 
 ful acts, etc. — Whoever, within the territorial limits of 
 any State, organized Territory, or district, but within or 
 upon any of the places now existing, or hereafter reserved 
 or acquired, described in section two hundred and seven- 
 ty-two of this act, shall do or omit the doing of any act 
 or thing which is not made penal by any law of Congress, 
 but which if committed or omitted within the jurisdic- 
 tion of the State, Territory, or District in which such 
 place is situated, by the laws thereof now in force would 
 be penal, shall be deemed guilty of a like offense and be 
 subject to a like punishment; and every such State, Ter- 
 ritorial, or District law shall, for the purposes of this sec- 
 tion continue in force, notwithstanding any subsequent 
 repeal or amendment thereof by any such State, Terri- 
 tory, or District. (R. S., s. 5391. 7 July, 1898, 30 Stat. 
 L., 717, s. 2; 2 Supp., 885.) 
 
 U. S. v. Hudson, 7 Cr„ 32; U. S. v. Cas., 791; U. S. v. Coppersmith, 4 Fed. 
 
 Paul, '6 Pet., 141; Ex parte Siebold, 100 Rep., 205; U. S. v. Barnaby, 51 Fed. 
 
 U. S., 388; Franklin v. U. S., 216 Rep., 23; In re Kelly, 71 Fed. Rep., 
 
 U. S., 559; U. S. v. Barney, 24 Fed. 545. 
 Cas., 1011; U. S. v. Wright, 28 Fed.
 
 CHAPTEE TWELVE. 
 
 PIRACY AND OTHER OFFENSES UPON THE SEAS. 
 
 § 290. Piracy under the law of nations. 
 
 291. Mal-treatment of crew by officers of vessel. 
 
 292. Inciting revolt or mutiny on shipboard. 
 
 293. Revolt and mutiny on shipboard. 
 
 294. Seaman laying violent hands on his commander. 
 
 295. Abandonment of mariners in foreign ports. 
 
 296. Conspiracy to cast away vessel. 
 
 297. Plundering vessel in distress, etc. 
 
 298. Attacking vessel with intent to plunder. 
 
 299. Breaking and entering vessel, etc. 
 
 300. Owner destroying vessel at sea. 
 
 301. Other persons destroying or attempting to destroy vessel 
 
 at sea. 
 
 302. Robbery on shore by crew of piratical vessel. 
 
 303. Arming vessel to cruise against citizens of the United States. 
 
 304. Piracy under color of a foreign commission. 
 
 305. Piracy by subjects or citizens of a foreign state. 
 
 306. Running away with or yielding up vessel or cargo. 
 
 307. Confederating, etc., with pirates. 
 
 308. Sale of arms and intoxicants forbidden in Pacific islands. 
 
 309. Offenses under preceding section deemed on high seas. 
 
 310. "Vessels of the United States" defined. 
 
 § 290. Piracy under the law of nations. — Whoever, on 
 the high seas, commits the crime of piracy as defined by 
 the law of nations, and is afterwards brought into or 
 found in the United States, shall be imprisoned for life. 
 (R. S., s. 5368. 15 Jan., 1897, 29 Stat. L., 487, c. 29, s. 2; 
 2 Supp., 538.) 
 
 U. S. v. Smith, 5 Wheat., 153, U. S. Friends, 166 U. S., 1; The Ambrose 
 v. Pirates, 5 Wheat., 184; The Three Light, 25 Fed. Rep., 408. 
 
 § 291. Mal-treatment of crew by officers of vessel. — 
 "Whoever, being the master or officer of a vessel of the 
 United States, on the high seas, or on any other waters 
 within the admiralty and maritime jurisdiction of the 
 United States, beats, wounds, or without justifiable 
 cause, imprisons any of the crew of such vessel, or with- 
 holds from them suitable food and nourishment, or in- 
 flicts upon them any cruel and unusual punishment, shall 
 be fined not more than one thousand dollars, or impris- 
 
 (881) 
 
 56
 
 882 
 
 Federal Criminal Law Procedure. 
 
 oned not more than five years or both. Nothing herein 
 contained shall be construed to repeal or modify section 
 forty-six hundred and eleven of the Revised Statutes. 
 (R. S., s. 5347. 3 Mar., 1897, 29 Stat. L., 691, c. 389, s. 
 18; 2 Supp., 609.) 
 
 U. S. v. Dauscher, 119 U. S., 407; U. 740; U. S. v. Freeman, 4 Mason, 505, 
 
 S. v. Alden, 1 Sprague, 95, 24 Fed. Cas., 25 Fed. Cas., 1208; U. S. v. Taylor, 2 
 
 768; U. S. v. Bennett, 3 Hughes, 466, 24 Sumn., 584, 28 Fed. Cas., 31; U. S. 
 
 Fed. Cas., 1111; U. S. v. Collins, 2 v. Winn, 3 Sumn., 209, 28 Fed. Cas., 
 
 Curtis, 194, 25 Fed. Cas., 545; U. S. 733; Re Smith, 13 Fed. Rep., 25; U. S. 
 
 v. Cutler, 1 Curtis, 501, 25 Fed. Cas., v. Trice, 30 Fed. Rep., 490. 
 
 § 292. Inciting revolt or mutiny on shipboard. — Who- 
 ever, being of the crew of a vessel of the United States, 
 on the high seas, or on any other waters within the ad- 
 miralty and maritime jurisdiction of the United States, 
 endeavors to make a revolt or mutiny on board such ves- 
 sel, on combines, conspires, or confederates with any 
 other person on board to make such revolt or mutiny, or 
 solicits, incites, or stirs up any other of the crew to dis- 
 obey or resist the lawful orders of the master or other 
 officer of such vessel, or to refuse or neglect their proper 
 duty on board thereof, or to betray their proper trust, or 
 assembles with others in a tumultuous and mutinous 
 manner, or makes a riot on board thereof, or unlawfully 
 confines the master or other commanding officer thereof, 
 shall be fined not more than one thousand dollars, or im- 
 prisoned not more than five vears, or both. (R. S., s. 
 5359.) 
 
 U. S. v. Kelly, 11 Wheat., 417; The 
 Hibernia, 1 Sprague, 78, 12 Fed. Cas., 
 112; U. S. v. Ashton, 2 Sumn., 13, 24 Fed. 
 Cas., 873; U. S. v. Barker, 5 Mason, 404, 
 24 Fed. Cas., 985; U. S. v. Bladen, Bet. 
 C. C, 213, 24 Fed. Cas., 1161: U. S. v. 
 Borden, 1 Sprague, 374, 24 Fed. Cas., 
 1202; U. S. v. Cassedy, 2 Sumn., 582, 15 
 Fed. Cas., 321; U. S. v. Gardner, 5 Ma- 
 son, 402, 25 Fed. Cas., 1259; U. S. v. 
 Civings, 1 Sprague, 75, 25 Fed. Cas., 
 1331; U. S. v. Haines, 5 Mason, 272, 26 
 Fed. Cas., 62; U. S. v. Hamilton, 1 
 Mason, 443, 26 Fed. Cas., 93; U. S. v. 
 Hemmer, 4 Mason, 105, 26 Fed. Cas., 
 259; U. S. v. Henry, 4 Wash., 428, 26 
 Fed. Cas., 276; U. S. v. Keefe, 3 Mason, 
 475, 26 Fed. Cas., 685; U. S. v. Law- 
 rence, 1 Cranch, C. C, 94, 26 Fed. Cas., 
 885; U. S. v. Lynch, 2 N. Y. Leg. Obs., 
 51, 26 Fed. Cas., 1033; U. S. v. Mat- 
 
 thews, 2 Sumn., 470, 26 Fed. Cas., 1207; 
 U. S. v. Morrison, 1 Sumn., 448, 26 Fed. 
 Cas., 1351; U. S. v. Nye, 2 Curtis, 225, 
 
 27 Fed. Cas., 210; U. S. v. Roberts, 2 N. 
 Y. Leg. Obs., 99, 27 Fed. Cas., 822; U. 
 S. v. Rogers, 3 Sumn., 342, 27 Fed. Cas.. 
 890; U. S. v. Savage, 5 Mason, 460, 27 
 Fed. Cas., 966; U. S. v. Seagrist, 4 
 Blatch., 420, 27 Fed. Cas., 1002; U. S. 
 v. Sharp, Pet. C. C, 118, 27 Fed. Cas.. 
 1041; U. S. v. Smith, 1 Mason. 147, 27 
 Fed. Cas., 1166; U. S. v. Smith, 3 Wash., 
 78, 27 Fed. Cas., 1246; U. S. v. Staly, 1 
 Wood & M., 338, 27 Fed. Cas., 1290; U. 
 S. v. Stevens, 4 Wash., 547, 27 Fed. Cas.. 
 1335, U. S. v. Thompson, 1 Sumn., 168, 
 
 28 Fed. Cas., 102; U. S. v. Winn, 3 
 Sumn., 209, 28 Fed. Cas., 733; U. S. v. 
 Stone, 8 Fed. Rep., 232; U. S. v. Huff, 
 13 Fed. Rep., 630. 
 
 § 293. Revolt and mutiny on shipboard. — Whoever, 
 being of the crew of a vessel of the United States, on the 
 high seas, or on any other waters within the admiralty 
 and maritime jurisdiction of the United States, unlaw-
 
 Piracy and other Offenses upon the Seas. 883 
 
 fully and with force, or by fraud, or intimidation, usurps 
 the command of such vessel from the master or other 
 lawful officer in command thereof, or deprives hirn of au- 
 thority and command on board, or resists or prevents him 
 in the free and lawful exercise thereof, or transfers such 
 authority and command to another not lawfully entitled 
 thereto, is guilty of a revolt and mutiny, and shall be 
 fined not more than two thousand dollars and imprisoned 
 not more than ten years. (R. S., s. 5360.) 
 
 U. S. v. Borden Sprague, 374, 24 Fed. v. Haskell, 4 Wash., 402, 26 Fed. Cas., 
 
 Cas., 1202; U. S. v. Forbes, Crabbe, S58, 207; U. S. v. Peterson, 1 Wood & M., 
 
 25 Fed. Cas., 1141; U. S. v. C.ivings, 1 305, 27 Fed. Cas., 515. 
 Sprague, 75, 25 Fed. Cas., 1331; U. S. 
 
 § 294. Seaman laying violent hands on his command- 
 er. — Whoever, being a seaman, lays violent hands upon 
 his commander, thereby to hinder and prevent his fight- 
 ing in defense of his vessel or the goods intrusted to him, 
 is a pirate, and shall be imprisoned for life. (R. S., s. 
 5369. 15 Jan., 1897, 29 Stat. L., 487, c. 29, s. 2; 2 Supp., 
 538.) 
 
 U. S. v. Kessler, 1 Baldw., 15, 26 Fed. 
 Cas., 766. 
 
 § 295. Abandonment of mariners in foreign ports. — 
 Whoever, being master or commander of a vessel of the 
 United States, while aboard, maliciously and without 
 justifiable cause forces any officer or mariner of such ves- 
 sel on shore, in order to leave him behind in any foreign 
 port or place, or refuses to bring home again all such offi- 
 cers and mariners of such vessel whom he carried out 
 with him, as are in a condition to return and willing to 
 return, when he is ready to proceed on his homeward voy- 
 age, shall be fined not more than five hundred dollars, 
 or imprisoned not more than six months, or both. (R, 
 S., s. 5363.) 
 
 Nieto v. Clark, 1 Cliff, 145, 18 Fed. Riddle, 4 Wash., 644, 27 Fed. Cas., 809; 
 
 Cas., 236; U. S. v. Coffin, 1 Sumn., 394, U. S. v. Ruggles, 5 Mason, 192, 27, Fed. 
 
 25 Fed. Cas., 485; U. S. v. Netcher, 1 Cas., 912; Chinise laborers, 13 Fed. Rep., 
 
 Story, 307, 27 Fed. Cas., 89; U. S. v. 291. 
 
 § 296. Conspiracy to cast away vessel. — Whoever, on 
 the high seas, or within the United States, wilfully and 
 corruptly conspires, combines, and confederates with any 
 other person, such other person being either within or 
 without the United States, to cast away or otherwise de- 
 stroy any vessel, with intent to injure any person that
 
 884 Federal Criminal Law Procedure. 
 
 may have underwritten or may thereafter underwrite any 
 policy of insurance thereon or on goods on board there- 
 of, or with intent to injure any person that has lent or ad- 
 vanced, or may lend or advance, any money on such ves- 
 sel on bottomry or respondentia; or whoever, within the 
 United States, builds, or fits out, or aids in building or 
 fitting out, any vessel with intent that the same be cast 
 away or destroyed, with the intent hereinbefore men- 
 tioned, shall be fined not more than ten thousand dollars 
 and imprisoned not more than ten years. (R. S., s. 5364.) 
 
 U. S. v. Cole, 5 McLean, 513, 25 Fed. 
 Cas., 493; U. S. v. Hand, 6 McLean, 274, 
 26 Fed. Cas., 102. 
 
 § 297. Plundering vessel in distress, etc. — Whoever 
 plunders, steals, or destroys any money, goods, merchan- 
 dise, or other effects, from or belonging to any vessel in 
 distress, or wrecked, lost, stranded, or cast away, upon 
 the sea, or upon any reef, shoal, bank or rocks of the sea, 
 or in any other place within the admiralty and maritime 
 jurisdiction of the United States, shall be fined not more 
 than five thousand dollars and imprisoned not more than 
 ten years; and whoever willfully obstructs the escape of 
 any person endeavoring to save his life from such ves- 
 sel, or the wreck thereof; or whoever holds out or shows 
 any false light, or extinguishes any true light, with in- 
 tent to bring any vessel sailing upon the sea into danger, 
 or distress, or shipwreck, shall be imprisoned not less 
 than ten years and may be imprisoned for life. (R. S., 
 s. 5358.) 
 
 U. S. v. Coombs, 12 Pet., 72; U. S. 640, 27 Fed. Cas., 1132; U. S. v. Lauche, 
 
 v. Kessler, Baldw., 15, 26 Fed. Cas., 766; 7 Fed. Rep., 715; U. S. v. Stone, 8 Fed. 
 
 U. S. v. Pitman. 1 Sprague, 196, 27 Fed. Rep., 232. 
 Cas., 540; U. S. v. Smiley, 6 Sawyer, 
 
 § 298. Attacking vessel with intent to plunder. — 
 Whoever, upon the high seas or on any other waters 
 within the admiralty and maritime jurisdiction of the 
 United States, by surprise or by open force, maliciously 
 attacks or sets upon any vessel belonging to another, with 
 an intent unlawfully to plunder the same, or to despoil 
 any owner thereof of any moneys, goods, or merchandise 
 laden on board thereof, shall be fined not more than five 
 thousand dollars and imprisoned not more than ten vears. 
 (R. S., s. 5361.) 
 
 U. S. v. Stone, 8 Fed. Rep., 232.
 
 Piracy and other Offenses upon the Seas. 885 
 
 § 299. Breaking and entering vessel, etc. — Whoever, 
 upon the high seas or on any other waters within the ad- 
 miralty and maritime jurisdiction of the United States, 
 and out of the jurisdiction of any particular State, breaks 
 or enters any vessel, with intent to commit any felony, or 
 maliciously cuts, spoils or destroys any cordage, cable, 
 buoys, buoy rope, head fast, or other fast, fixed to the 
 anchor or moorings belonging to any vessel, shall be fined 
 not more than one thousand dollars and imprisoned not 
 more than five years. (R. S., s. 5362.) 
 
 § 300. Owner destroying vessel at sea. — "Whoever, 
 upon the high seas or on any other waters within the ad- 
 miralty an maritime jurisdiction of the United States, 
 willfully and corruptly casts away or otherwise destroys 
 any vessel, of which he is owner, in whole or in part, with 
 intent to prejudice any person that may underwrite any 
 policy of insurance thereon, or any merchant that may 
 have goods threon, or any other owner of such vessel 
 shall be imprisoned for life or for any term of years. (R. 
 S., s. 5365. 6 Aug., 1894, 28 Stat. L.,*233, c. 227; 2 Supp., 
 225.) 
 
 U. S. v. Johns, 4 Dall, 412, 1 Wash.. 26 Fed. Cas.. 567; U. S. v. Vanranst, 
 363; U. S. v. Amedy, 11 Wheat., 329; 3 Wash., 146; U. S. v. Wilson, 3 Blatch., 
 U. S. v. Jacobson, 1 Brun. Col. Cas., 410, 435. 
 
 § 301. Other persons destroying or attempting to de- 
 stroy vessel at sea. — Whoever, not being an owner, upon 
 the high seas or on any other waters within the admiral- 
 ty and maritime jurisdiction of the United States, will- 
 fully and corruptly casts away or otherwise destroys any 
 vessel of the United States to which he belongs, or, will- 
 fully, with intent to destroy the same, sets fire to any 
 such vessel, or otherwise, attempts the destruction there- 
 of, shall be imprisoned not more than ten vears. (R. S., 
 ss. 5366, 5367. 6 Aug., 1894, 28 Stat. L., 233, c. 227, s. 2; 
 2 Supp., 225.) 
 
 U. S. v. Vanranst, 3 Wash., 146, 28 435. 28 Fed. Cas.. 718; U. S. v. McAvjy, 
 Fed. Cas., 360; U. S. v. Wilson. 3 Blatch.. 4 Blatch., 418, 26 Fed. Cas., 1044. 
 
 § 302. Robbery on shore by crew of piratical vessel. — 
 Whoever, being, engaged in any piratical cruise, or en- 
 terprise, or being of the crew of any piratical vessel, lan^ 
 from such vessel, and on shore commits robbery, is a pi- 
 rate, and shall be imprisoned for life. (R. S., s. 5371. If 
 Jan., 1897, 29 Stat. L., 487, c. 29, s. 2; 2 Supp., 538.) 
 
 K
 
 886 Federal Criminal Law Procedure. 
 
 § 303. Arming vessel to cruise against citizens of the 
 United States. — Whoever, being a citizen of the United 
 States, without the limits thereof, fits out and arms, or 
 attempts to fit out and arm, or procures to be fitted out 
 and armed, or knowingly aids or is concerned in furnish- 
 ing, fitting out, or arming, any private vessel of war or 
 privateer, with intent that such vessel shall be employed 
 to cruise or commit hostilities upon the citizens of the 
 United States, or their property, or whoever takes com- 
 mand of or enters on board of any such vessel, for such 
 intent, or who purchases any interest in any such vessel 
 with a view to share in the profits thereof, shall be fined 
 not more than ten thousand dollars and imprisoned no 4 
 more than ten years. The trial for such offense, if com- 
 mitted without the limits of the United States, shall be 
 in the district in which the offender shali be apprehended 
 or first brought. (R. S., s. 5284.) 
 
 U. S. v. Howard, 3 Wash., 340, 26 Fed. 
 Cas., 390. 
 
 § 304. Piracy under color of a foreign commission. — 
 Whoever, being a citizen of the United States, commits 
 any murder or robbery, or any act of hostility against the 
 United States, or against any citizen thereof, on the high 
 seas, under color of any commission from any foreign 
 prince, or state, or on pretense of authority from any per- 
 son, is, notwithstanding the pretense of such authority, 
 a pirate, and shall be imprisoned for life. (R. S., s. 5373. 
 15 Jan., 1897, 29 Stat. L., 487, c. 29, s. 2; 2 Supp., 538.) 
 
 U. S. v. Palmer, 3 Wheat., 610; U. S. 489, 26 Fed. Cas., 440; U. S. v. Terrel, 
 v. Baker, 5 Blatch., 6, 24 Fed. Cas., 962; Hernpst., 413, 1 Fed. Cas., 999. 
 U. S. v. Hutchings, 1 Brun. Col. Cas., 
 
 § 305. Piracy by subjects or citizens of a foreign state. 
 — Whoever, being a citizen or subject of any foreign 
 state, is found and taken on the sea making war upon the 
 United States, or cruising against the vessels and prop- 
 erty thereof, or of the citizens of the same, contrary to 
 the provisions of any treaty existing between the United 
 States and the state of which the offender is a citizen or 
 subject, when by such treaty such acts are declared to be 
 piracy, is guilty of piracv, and shall be imprisoned for 
 life. *(R. S., s. 5374. 15 Jan., 1897, 29 Stat. L., 487, c. 29, 
 s. 2; 2 Supp., 538.)
 
 Piracy and other Offenses upon the Seas. 887 
 
 § 306. Running away with or yielding up vessel or 
 cargo. — Whoever, being a captain or other officer or 
 mariner of a vessel upon the high seas or on any other 
 waters within the admiralty or maritime jurisdiction of 
 the United States, piratically or feloniously runs away 
 with such vessel, or with any goods or merchandise there- 
 of, to the value of fifty dollars, or who yields up such ves- 
 sel voluntarily to any pirate, shall be fined not more than 
 ten thousand dollars, or imprisoned not more than ten 
 years, or both. R. S., s. 5383.) 
 
 U. S. v. Haskell, 4 Wash., 402, 26 Fed. 26 Fed. Cas., 766; U. S. v. Tully, 1 
 Cas., 207; U. S. v. Kessler, Baldw., 15. Call., 247, 28 Fed. Cas., 226. 
 
 § 307. Confederating, etc., with pirates. — Whoever 
 attempts or endeavors to corrupt any commander, mas- 
 ter, officer, or mariner to yield up or to run away with 
 any vessel, or with any goods, wares, or merchandise, or 
 to turn pirate, or to go over to or confederate with pi- 
 rates, or in any wise to trade with any pirate, knowing 
 him to be such, or furnishes such pirate with any am- 
 munition, stores, or provisions of any kind, or fits out any 
 vessel knowingly and, with a design to trade with, sup- 
 ply, or correspond with any pirate or robber upon the 
 seas; or whoever consults, combines, confederates, or cor- 
 responds with any pirate or robber upon the seas, know- 
 ing him to be guilty of any piracy or robbery; or who- 
 ever, being a seaman, confines the master of any vessel, 
 shall be fined not more than one thousand dollars and im- 
 prisoned not more than three years. (R. S., s. 5384.) 
 
 U. S. v. Howard, 3 Wash., 340, 26 
 Fed. Cas., 390. 
 
 § 308. Sale of arms and intoxicants forbidden in the 
 Pacific islands. — Whoever, being subject to the author- 
 ity of the United States, shall give, sell, or otherwise sup- 
 ply any arms, ammunition, explosive substance, intoxi- 
 cating liquor, or opium to any aboriginal native of any 
 of the Pacific islands lying within the twentieth parallel 
 of north latitude and the fortieth parallel of south lat- 
 tude, and the one hundred and twentieth meridian of 
 longitude west and one hundred and twentieth meridian of 
 longitude east of Greenwich, not being in the possession 
 or under the protection of any civilized power, shall be 
 fined not more than fifty dollars, or imprisoned not mo~*e
 
 888 Federal Criminal Law Procedure. 
 
 than three months, or both. In addition to such punish- 
 ment, all articles of a similar nature to those in respect 
 to which an offense has been committed, found in the 
 possession of the offender, may be declared forfeited. If 
 it shall appear to the court that such opium, wine, or 
 spirits have been given bona fide for medical purposes, 
 it shall be lawful for the court to dismiss the charge. (14 
 Feb., 1902, 32 Stat. L., 33 c. 18, ss. 1, 2.) 
 
 § 309. Offenses under preceding section deemed or 
 high seas. — All offenses against the provisions of the 
 section last preceding, committed on any of said island s 
 or on the waters, rocks, or keys adjacent thereto, shall be 
 deemed committed on the high seas on board a merchant 
 ship or vessel belonging to the United States, and the 
 courts of the United States shall have jurisdiction ac- 
 cordingly. (14 Feb., 1902, 32 Stat. L., 33, c. 18, s. 3.) 
 
 § 310. "Vessels of the United States" defined.— The 
 words "vessel of the United States," wherever they oc- 
 cur in this chapter, shall be construed to mean a vessel 
 belonging in whole or in part to the United States, or any 
 citizen thereof, or any corporation created by or under 
 the laws of the United States, or of any State, Territory, 
 or District thereof.
 
 CHAPTER THIRTEEN. 
 
 CERTAIN OFFENSES IN THE TERRITORIES. 
 
 § 311. Places within which sections of this chapter shall apply. 
 
 312. Circulation of obscene literature; promoting abortion. 
 
 313. Polygamy. 
 
 314. Unlawful cohabitation. 
 
 315. Joinder of counts. 
 
 316. Adultery. 
 
 317. Incest. 
 
 318. Fornication. 
 
 319. Certificates of marriage; penalty for failure to record. 
 
 320. Prize fights, bull fights, etc. 
 
 321. Definition of "pugilistic encounter." 
 
 322. Train robberies in Territories, etc. 
 
 § 311. Places within which sections of this chapter 
 shall apply. — Except as otherwise expressly provided, 
 the offenses defined in this chapter shall be punished as 
 hereinafter provided, when committed within any Ter- 
 ritory or District, or within or upon any place within the 
 exclusive jurisdiction of the United States, 
 
 § 312. Circulation of obscene literature; promoting 
 abortion; how punished. — Whoever shall sell, lend, give 
 away, or in any manner exhibit, or offer to sell, lend, give 
 away, or in any manner exhibit, or shall otherwise pub- 
 lish or offer to publish in any manner, or shall have in his 
 possession for any such purpose, any obscene book, 
 pamphlet, paper, writing, advertisement, circular, print, 
 picture drawing, or other representation, figure, or image 
 on or of paper or other material, or any cast, instrument, 
 or other article of an immoral nature, or any drug or medi- 
 cine, or any article whatever, for the prevention of con- 
 ception, or for causing unlawful abortion, or shall adver- 
 tise the same for sale, or shall write or print, or cause to 
 be written or printed, any card, circular, book, pamphlet, 
 advertisement, or notice of any kind, stating when, 
 where, how, or of whom, or by what means, any of the 
 articles above mentioned can be purchased or obtained, 
 or shall manufacture, draw, or print, or in any wise make 
 any of such articles, shall be fined not more than two 
 
 (889)
 
 890 Federal Criminal Law Procedure. 
 
 thousand dollars, or imprisoned not more than five years, 
 or both. (R. S., s. 5389.) 
 
 I". S. v. Williams, 3 Fed. Rep., 484. 
 
 § 313. Polygamy. — Every person who has a husband 
 or wife living, who marries another, whether married or 
 single, and any man who simultaneously, or on the same 
 day, marries more than one woman, is guilty of poly- 
 gamy, and shall be fined not more than five hundred dol- 
 lars and imprisoned not more than five years. But this 
 section shall not extend to any person by reason of any 
 former marriage whose husband or wife by such mar- 
 riage shall have been absent for five successive years, and 
 is not known to such person to be living, and is believed 
 by such person to be dead, nor to any person by reason of 
 any former marriage which shall have been dissolved by a 
 valid decree of a competent court, nor to any person by 
 reason of any former marriage which shall have been pro- 
 nounced void by a valid decree of a competent court, on 
 the ground of nullity of the marriage contract. (R. S., 
 s. 5352. 22 Mar., 1882, 22 Stat, L., 30, c. 47, s. 1; 1 Supp., 
 331.) 
 
 Cannon v. U. S., 116 U. S., SS; Ex 
 parte Snow, 120 U. S., 274; U. S. v. 
 Higginson, 46 Fed. Rep., 750. 
 
 § 314. Unlawful cohabitation. — If any male person 
 cohabits with more than one woman, he shall be fined 
 not more than three hundred dollars, or imprisoned not 
 more than six months, or both. (22 Mar., 1882, 22 Stat. 
 L., 31, c. 47, s. 3; 1 Supp., 332.) 
 
 Cannon v. U. S.. 116 U. S., 55; Ex 
 parte Snow, 120 U. S., 274; U. S. v. 
 Higginson, 46 Fed. Rep., 750. 
 
 § 315. Joinder of counts. — Counts for any or all of 
 the offenses named in the two sections last preceding may 
 be joined in the same information or indictment. (22 
 Mar., 1882, 22 Stat. L., 31, c. 47, s. 4; 1 Supp., 331.) 
 
 § 316. Adultery. — Whoever shall commit adultery 
 shall be imprisoned not more than three years; and when 
 the act is committed between a married woman and a man 
 who is unmarried, both parties to such act shall be 
 deemed guilty of adultery; and when such act is commit- 
 ted between a married man and a woman who is unmar- 
 ried, tli<' mail shall be deemed guilty of adultery. (3 Mar.,
 
 Certain Offenses in the Territories. 891 
 
 1887, 24 Stat. L., 635, c. 397, s. 3; 1 Supp., 568.) 
 
 § 317. Incest. — Whoever being related to another 
 person within and not including the fourth degree of con- 
 sanguinity computed according to the rules of the civil 
 law shall marry or cohabit with, or have sexual inter- 
 course with such other so related person, knowing her or 
 him to be within said degree of relationship, shall be 
 deemed guilty of incest, and shall be imprisoned not more 
 than fifteen years. (3 Mar., 1887, 24 Stat. L., 635, c. 397, 
 s. 4; 1 Supp., 568.) 
 
 Re Nelson, 69 Fed. Rep., 712. 
 
 § 318. Fornification. — If any unmarried man or wo- 
 man commits fornification each shall be fined not more 
 than one hundred dollars, or imprisoned not more than 
 six months. (3 Mar., 1887, 24 Stat. L., 636, c. 397, s. 5; 1 
 Supp., 568.) 
 
 § 319. Certificates of marriage; penalty for failure to 
 record. — Every ceremony of marriage, or in the nature 
 of a marriage ceremony of any kind, whether either or 
 both or more of the parties to such ceremony be lawfully 
 competent to be the subjects of such marriage or cere- 
 mony or not, shall be certified by a certificate stating the 
 fact and nature of such ceremony, the full name of each 
 of the parties concerned, and the full name of every offi- 
 cer, priest, and person, by whatever style or designation 
 called or known, in any way taking part in the perform- 
 ance of such ceremony, which certificate shall be drawn up 
 and signed by the parties to such ceremony and by every 
 officer, priest, and person taking part in the performance 
 of such ceremony, and shall be by the officer, priest, or 
 other person solemnizing such marriage or ceremony filed 
 in the office of the probate court, or, if there be none, in 
 the office of the court having probate powers in the coun- 
 ty or district in which such ceremony shall take place, 
 for record, and shall be immediately recorded, and be at 
 all times subject to the inspection as other public records. 
 Such certificate or the record thereof, or a duly certified 
 copy of such record, shall be prima facie evidence of the 
 facts required by this section to be stated therein in any 
 proceeding, civil or criminal, in which the matter shall 
 be drawn in question. But nothing in this section shall
 
 892 Federal Criminal Law Procedure. 
 
 be held to prevent the proof of marriages, whether law- 
 ful or unlawful, by any evidence otherwise legally ad- 
 missible for that purpose. Whoever shall willfully vio- 
 late any provision of this section shall be fined not more 
 than one thousand dollars, or imprisoned not more than 
 two years, or both. The provisions of this section shall 
 apply only within the Territories of the United States. 
 (3 Mar., 1887, 24 Stat. L., 636, c. 397, ss. 9, 10; 1 Supp., 
 568.) 
 
 § 320. Prize fights, bull fights, etc. — Whoever shall 
 voluntarily engage in a pugilistic encounter between man 
 and man or a fight between a man and a bull or any other 
 or animal for money or for other thing of value, 
 or for any championship, or upon the result of which 
 any money or anything of value is bet or wagered, 
 or to see which any admission fee is directly or in- 
 directly charged, shall be imprisoned not more than five 
 years. The provisions of this section shall apply only 
 within the Territories of the United States and the Dis- 
 trict of Columbia. (7 Feb., 1896, 29 Stat. L., 5, c. 12; 2 
 Supp., 446.) 
 
 § 321. "Pugilistic encounter" defined. — By the term 
 "pugilistic encounter," as used in the section last pre- 
 ceding, is meant any voluntary fight by blows by means 
 of fists or otherwise, whether with or without gloves, be- 
 tween two or more men, for money or for a prize of any 
 character, or for any other thing of value, or for any 
 championship, or upon the result of which any money 
 or anything of value is bet or wagered, or to see which 
 anv admission fee is directly or indirectly charged. (7 
 Feb., 1896, 29 Stat. L., 5,c. 12; 2 Supp., 446.) 
 
 § 322. Train robberies in Territories, etc. — Whoever 
 shall willfully and maliciously trespass upon or enter up- 
 on any railroad train, railroad car, or railroad locomo- 
 tive, with the intent to commit murder, or robbery, shall 
 be fined not more than five thousand dollars, or impris- 
 oned not more than twenty years, or both. Whoever 
 shall willfully and maliciously trespass upon or enter up- 
 on any railroad train, railroad car, or railroad locomo- 
 tive, with intent to commit any unlawful violence upon 
 or against any passenger on said train, or car, or upon
 
 Certain Offenses in the Territories. 893 
 
 or against any engineer, conductor, fireman, brakeman, 
 or any officer or employee connected with said locomo- 
 tive, train, or car, or upon or against any express mes- 
 senger or mail agent on said train or in any car thereof, 
 or to commit any crime or offense against any person or 
 property thereon, shall be fined not more than one thou- 
 sand dollars, or imprisoned not more than one year, or 
 both. Whoever shall counsel, aid, abet, or assist in the 
 perpetration of any of the offenses set forth in this sec- 
 tion shall be deemed to be a principal therein. Upon the 
 trial of any person charged with any offense set forth in 
 this section, it shall not be necessary to set forth or prove 
 the particular person against whom it was intended to 
 commit the offense, or that it was intended to commit 
 such offense against any particular person. (1 July, 
 1902, 32 Stat. L., 727, c. 1376.)
 
 CHAPTER FOURTEEN. 
 
 GENERAL AND SPECIAL PROVISIONS. 
 
 § 323. Punishment of death by hanging. 
 
 324. No conviction to work corruption of blood or forfeiture of 
 
 estate. 
 
 325. Whipping and the pillory abolished. 
 
 326. Jurisdiction of State courts. 
 
 327. Pardoning power. 
 
 328. Indians committing certain crimes; how punished. 
 
 329. Crimes committed on Indian reservations in South Dakota. 
 
 330. Qualified verdicts in certain cases. 
 
 331. Body of executed offender may be delivered to surgeon for 
 
 dissection. 
 
 332. Who are principals. 
 
 333. Punishment of accessories. 
 
 334. Accessories to robbery or piracy. 
 
 335. Felonies and misdemeanors. 
 
 336. Murder and manslaughter; place where crime deemed to have 
 
 been committed. 
 
 337. Construction of certain words. 
 
 338. Ommission of words "hard labor" not to deprive court of 
 
 power to impose. 
 
 339. Arrangement and classification of sections. 
 
 340. Jurisdiction of circuit and district courts. 
 
 § 323. Punishment of death by hanging. — The man- 
 ner of inflicting the punishment of death shall be by 
 hanging. (R. S., s. 5325.) 
 
 § 324. No conviction to work corruption of blood or 
 forfeiture of estate. — No conviction or judgment shall 
 work corruption of blood of anv forfeiture of estate. (R. 
 S., s. 5326.) 
 
 U. S. v. Coppersmith, 4 Fed. Rep., 198. 
 
 § 325. Whipping and the pillory abolished. — The 
 punishment of whipping and of standing in the pillory 
 shall not be inflicted. (R. S., s. 5327.) 
 
 § 326. Jurisdiction of State Courts. — Nothing in this 
 Title shall be held to take away or impair the jurisdic- 
 tion of the courts of the several States under the laws 
 thereof. (R. S., s. 5328.) 
 
 Cross v. North Carolina, 132 U. S.. 657; Re Miller 42 Fed. Rep., 307; U. S. 
 
 131; Re I.oncv, 134 U. S., 372, 38 Fed. v. Gibson, 47 Fed. Rep.. 833: Ex parte 
 
 Rep., 101; Fitzgerald v. Green, 134 U. S., Geisler, 50 Fed. Rep., 411; Re Welch. 57 
 
 377; Pettibone v. U. S.. 148 l T . S., 197; Fed. Hep., 576; Re Waite, 81 Fed. Rep.. 
 
 Re Thomas, 173 U. S., 276, 87 Fed. Rep., 359; Ex parte Ballinger, 88 Fed. Rep., 71. 
 453; Ex parte Houghton, 7 Fed. Rep.. 
 
 (894)
 
 General and Special Provisions. 895 
 
 § 327. Pardoning power. — Whenever, by the judg- 
 ment of any court or judicial officer of the United States, 
 in any criminal proceedings, any person is sentenced to 
 two kinds of punishment, the one pecuniary and the other 
 corporal, the President shall have full discretionary pow- 
 er to pardon or remit, in whole or in part, either one of 
 the two kinds, without, in any manner, impairing the 
 legal validity of the other kind, or of any portion of either 
 kind, not pardoned or remitted. (R. S., s. 5330.) 
 
 Knote v. U. S., 95 U. S., 149: 8 A. Op., 1; 19 A. G. Op., 377, 476; 20 A. 
 G. Op., 281; 9 A. G. Op., 478; 11 A. G. G. Op., 330, 668. 
 Op^ 35; 14 A. G. Op., 124; 16 A. G. 
 
 § 328. Indians committing certain crimes; how pun- 
 ished. — All Indians committing against the person or 
 property of another Indian or other person any of the fol- 
 lowing crimes, namely — murder, manslaughter, rape, as- 
 sault with intent to kill, assault with a dangerous wea- 
 pon, arson, burglary, and larceny, within any Territory 
 of the United States, and either within or without an In- 
 dian reservation, shall be subject therefor to the laws of 
 such Territory relating to said crimes, and shall be tried 
 therefor in the same courts and in the same manner and 
 shall be subject to the same penalties as are all other per- 
 sons charged with the commission of said crimes, respect- 
 ively; and the said courts are hereby given jurisdiction 
 in all such cases. And all such Indians committing any 
 of the above named crimes against the person or prop- 
 erty of another Indian or other person within the bound- 
 aries of any State of the United States, and within the 
 limits of any Indian reservation, shall be subject to the 
 same laws, tried in the same courts and in the same man- 
 ner, and be subject to the same penalties as are all other 
 persons committing any of the above crimes within the 
 exclusive jurisdiction of the United States: Provided, 
 That any Indian who shall commit the offense of rape 
 upon any female Indian within the limits of any Indian 
 reservation shall be imprisoned at the discretion of the 
 court. (3 Mar., 1885, 23 Stat. L., 385, c. 341; 1 Supp., 482. 
 15 Jan., 1897, 29 Stat. L., 487, c. 29, s. 5; 2 Supp., 538.) 
 
 Toy Toy v. Hopkins, 212 U. S., 542; 
 U. S. v. Celestine, 215 U. S., 278; U. S. 
 v. Kiya, 126 Fed. Rep., 879.
 
 896 Fedekal Criminal Law Procedure. 
 
 § 329. Crimes committed on Indian reservations in 
 South Dakota. — The circuit and district courts of the 
 United States for the district of South Dakota shall have 
 jurisdiction to hear, try, and determine all actions and 
 proceedings in which any person shall be charged with 
 the crime of murder, manslaughter, rape, assault with 
 intent to kill, assault with a dangerous weapon, arson, 
 burglary, or larceny, committed within the limits of any 
 Indian reservation in the State of South Dakota. Any 
 person convicted of murder, manslaughter, rape, arson, 
 or burglary, committed within the limits of any such res- 
 ervation, shall be subject to the same punishment as is 
 imposed upon persons committing said crimes within the 
 exclusive jurisdiction of the United States: Provided, 
 That any Indian who shall commit the crime of rape up- 
 on any female Indian within any such reservation shall 
 be imprisoned at the discretion of the court. Any per- 
 son convicted of the crime of assault with intent to kill, 
 assault with a dangerous weapon, or larceny, committed 
 within the limits of any such reservation, shall be subject 
 to the same punishment as is provided in cases of other 
 persons convicted of any of said crimes under the laws 
 of the State of South Dakota. This section is passed in 
 pursuance of the cession of jurisdiction contained in chap- 
 ter one hundred and six, Laws of South Dakota, nineteen 
 hundred and one. (2 Feb., 1903, 32 Stat. L., 793, c. 351. 
 Laws of South Dakota, 1901, c. 106.) 
 
 § 330. Qualified verdicts in certain cases. — In all cases 
 where the accused is found guilty of the crime of murder 
 in the first degree, or rape, the jury may qualify their 
 verdict by adding thereto "without capital punishment;" 
 and whenever the jury shall return a verdict qualified as 
 aforesaid, the person convicted shall be sentenced to im- 
 prisonment for life. (15 Jan., 1897, 29 Stat. L., 487, c. 29, 
 s. 1; 2 Supp., 538.) 
 
 § 331. Body of executed offender may be delivered to 
 surgeon for dissection. — The court before which any per- 
 son is convicted of murder in the first degree, or rape, 
 may, in its discretion, add to the judgment of death, that 
 the body of the offender be delivered to a surgeon for dis- 
 section; and the marshal who executes such judgment
 
 General and Special Provisions. 897 
 
 shall deliver the body, after execution, to such surgeon 
 as the court may direct; and such surgeon, or some per- 
 son appointed by him, shall receive and take away the 
 body at the time of execution. (R. S., s. 5340.) 
 
 § 332. Who are principals. — Whoever directly com- 
 mits any act constituting an offense denned in any law 
 of the United States, or aids, abets, counsels, commands, 
 induces, or procures its commission, is a principal. (R. 
 S., ss. 5323, 5427. Dolan v. U. S., 133 Fed. Rep., 440.) 
 
 § 333. Punishment of accessories. — Whoever, except 
 as otherwise expressly provided by law, being an acces- 
 sory after the fact to the commission of any offense de- 
 fined in any law of the United States, shall be imprisoned 
 not exceeding one-half the longest term of imprisonment, 
 or fined not exceeding one-half the largest fine prescribed 
 for the punishment of the principal, or both, if the prin- 
 cipal is punishable by both fine and imprisonment; or if 
 the principal is punishable by death, then an accessory 
 shall be imprisoned not more than ten years. (R. S., ss. 
 5533, 5534, 5535.) 
 
 § 334. Accessories to robbery or piracy. — Whoever, 
 without lawful authority, receives or takes into custody 
 any vessel, goods, or other property, feloniously taken by 
 any robber or pirate against the laws of the United 
 States, knowing the same to have been feloniously taken, 
 and whoever, knowing that such pirate or robber has 
 done or committed any such piracy or robbery, on the 
 land or at sea, receives, entertains, or conceals any such 
 pirate or robber, is an accessory after the fact to such 
 robbery or piracy, and shall be imprisoned not more than 
 ten years. (R. S., s. 5324.) 
 
 Hempst., 413, 1 Fed. Cas., 999. 
 
 § 335. Felonies and misdemeanors.— All offenses 
 which may be punished by death, or imprisonment for a 
 term exceeding one year, shall be deemed felonies. All 
 other offenses shall be deemed misdemeanors. 
 
 § 336. Murder and manslaughter; place where crime 
 deemed to have been committed. — In all cases of mur- 
 der or manslaughter, the crime shall be deemed to have 
 been committed at the place where the injury was in- 
 
 57
 
 898 Federal Criminal Law Procedure. 
 
 flicted, or the poison administered, or other means em- 
 ployed which caused the death, without regard to the 
 place where the death occurs. (R. S., ss. 5339, 5341.) 
 
 Ball v. U. S., 140 U. S., 136; U. S. Hewecker, 79 Fed. Rep., 59; U. S. v. 
 v. McGill, 26 Fed. Cas., 1086; U. S. v. Guiteau, 1 Mackey (D. C), 498. 
 
 - § 337. Construction of words. — Words used in this 
 title in the present tense include the future as well as 
 the present; words used in the masculine gender include 
 the feminine and neuter; the singular number includes 
 the plural, and the plural the singular; the word "per- 
 son" and the word "whoever" include a corporation as 
 well as a natural person; writing includes printing and 
 typewriting, and signature or subscription includes a 
 mark when the person making the same intended it as 
 such. The words "this Title," wherever they occur here- 
 in, shall be construed to mean this act. 
 
 § 338. Omission of words "hard labor" not to de- 
 prive court of power to impose. — The omission of the 
 words "hard labor" from the provisions prescribing the 
 punishment in the various sections of this act, shall not 
 be construed as depriving the court of the power to im- 
 pose hard labor as a part of the punishment, in any case 
 where such power now exists. 
 
 § 339. Arrangement and classification of sections. — 
 The arrangement and classification of the several sec- 
 tions of this title have been made for the purpose of a 
 more convenient and orderly arrangement of the same, 
 and therefore no inference or presumption of a legisla- 
 tive construction is to be drawn by reason of the chap- 
 ters under which any particular section is placed. 
 
 § 340. Jurisdiction of circuit and district courts. — 
 The crimes and offenses defined in this title shall be 
 cognizable in the circuit and district courts of the United 
 Slates, as prescribed in sections five hundred and sixty- 
 three and six hundred and twenty-nine of the Revised 
 Statutes.
 
 CHAPTER FIFTEEN. 
 
 REPEALING PROVISIONS. 
 
 § 341. Sections, acts, and parts of acts repealed. 
 
 342. Accrued rights, etc., not affected. 
 
 343. Prosecutions and punishments. 
 
 344. Acts of limitation. • 
 
 345. Date this act shall be effective. 
 
 § 341. Sections, acts, and parts of acts repealed. — 
 The following sections of the Revised Statutes and Acts 
 and parts of Acts are hereby repealed: 
 
 Sections four hundred and twelve, fifteen hundred and 
 fifty-three, sixteen hundred and sixty-eight; sections 
 seventeen hundred and eighty to seventeen hundred and 
 eighty three, both inclusive; sections seventeen hundred 
 and eighty-five, seventeen hundred and eighty-seven, 
 seventeen hundred and eighty-eight, seventeen hundred 
 and eighty-nine, twenty-three hundred and seventy-three, 
 twenty-four hundred and twelve, thirty-five hundred and 
 eighty-three, thirty-seven hundred and eight, thirty- 
 seven hundred and thirty-nine, thirty-seven hundred and 
 forty, thirty-seven hundred and forty-two, thirty-eight 
 hundred and thirty-two, thirty-eight hundred and fifty- 
 one, thirty-eight hundred and sixty-nine, thirty-eight 
 hundred and eighty-seven; sections thirty-eight hundred 
 and ninety to thirty-eight hundred and ninety-four, both 
 inclusive; section thirty-eight hundred and ninety-nine; 
 sections thirty-nine hundred and twenty-two to thirty- 
 nine hundred and twenty-five, both inclusive; sections 
 thirty-nine hundred and forty-seven, thirty-nine hundred 
 and fifty-four, thirty-nine hundred and seventy-seven, 
 thirty-nine hundred and seventy-nine; sections thirty- 
 nine hundred and eighty-one to thirty-nine hundred and 
 eighty-six, both inclusive; sections thirty-nine hundred 
 and eighty-eight, thirty-nine hundred and ninety-two, 
 thirty-nine hundred and ninety-five, thirty-nine hundred 
 and ninety-six, four thousand and thirteen, four thousand 
 and sixteen, four thousand and thirty, four thousand and 
 fifty-three, fifty-one hundred and eighty-eight, fifty-one 
 
 (899)
 
 900 Federal Criminal Law Procedure. 
 
 hundred and eighty-nine; sections fifty-two hundred and 
 eighty-one to fifty-two hundred and ninety-one, both in- 
 elusive; sections fifty-three hundred and twenty-three to 
 fifty-three hundred and ninety-five, both inclusive; sec- 
 tions fifty-three hundred and ninety-eight to fifty-four 
 hundred and ten, both inclusive; sections fifty-four hun- 
 dred and thirteen to fifty-four hundred and eighty-four, 
 both inclusive; sections fifty-four hundred and eighty- 
 seven to fifty-five hundred and ten, both inclusive; sec- 
 tions fifty-five hundred and sixteen, fifty-five hundred 
 and eighteen, fifty-five hundred and nineteen; sections 
 fifty-five hundred and twenty-four to fifty-five hundred 
 and thirty-five, both inclusive; sections fifty-five hundred 
 and fifty-one to fifty-five hundred and sixty-seven, both 
 inclusive, of the Revised Statutes: 
 
 That part of section thirty-eight hundred and twenty- 
 nine of the Revised Statutes which reads as follows: 
 "And every person who, without authority from the 
 Postmaster-General, sets up or professes to keep any 
 office or place of business bearing the sign, name, or title 
 of post-office, shall, for every such offense, be liable to 
 a penalty of not more than five hundred dollars;" 
 
 That part of section thirty-eight hundred and sixty- 
 seven of the Revised Statutes which reads as follows: 
 "And any person not connected with the letter-carrier 
 branch of the postal service who shall wear the uniform 
 which may be prescribed shall, for every such offense, be 
 punishable by a fine of not more than one hundred dol- 
 lars, or by imprisonment for not more than six months, 
 or both ; ' ' 
 
 That part of section four thousand and forty-six of 
 the Revised Statutes which reads as follows: "Every 
 post-master, assistant, clerk, or other person employed in 
 or connected with the business or operations of any 
 money-order office who converts to his own use, in any 
 way whatever, or loans, or deposits in any bank, except 
 as authorized by this title, or exchanges for other funds, 
 any portion of the public money-order funds, shall be 
 deemed guilty of embezzlement; and any such person, 
 as well as every other person advising or participating 
 therein, shall, for every such offense, be imprisoned for not
 
 Repealing Pkovisions. 901 
 
 less than six months nor more than ten years, and be 
 fined in a sum equal to the amount embezzled; and any 
 failure to pay over or produce any money-order funds 
 intrusted to such person shall be taken to be prima facie 
 evidence of embezzlement; and upon the trial of any in- 
 dictment against any person for such embezzlement, it 
 shall be prima facie evidence of a balance against him 
 to produce a transcript from the money-order account 
 books of the Sixth Auditor. But nothing herein contain- 
 ed shall be construed to prohibit any postmaster de- 
 positing, under the direction of the Postmaster-General, 
 in a national bank designated by the Secretary of the 
 Treasury for that purpose, to his own credit as post- 
 master, any money order or other funds in his charge, 
 nor prevent his negotiating drafts or other evidences of 
 debt through such bank, or through United States dis- 
 bursing officers, or otherwise, when instructed or re- 
 quired to do so by the Postmaster-General, for the pur- 
 pose of remitting surplus money-order funds from one 
 postoffice to another, to be used in payment of money 
 orders. ' ' 
 
 "An Act to protect lines of telegraph constructed or 
 used by the United States for malicious injury and ob- 
 struction," approved June twenty-third, eighteen hun- 
 dred and seventy-four; 
 
 "An Act to protect persons of foreign birth against 
 forcible constraint or involuntary servitude," approved 
 June twenty-third, eighteen hundred and seventy-four; 
 
 That part of "An Act making appropriations for the 
 service of the Post-Office Department for the fiscal year 
 ending June thirtieth, eighteen hundred and seventy-five 
 and for other purposes," approved June twenty-third, 
 eighteen hundred and seventy-four, which reads as fol- 
 lows: "That any postmaster who shall affix his signature 
 to the approval of any bond of a bidder or to the cer- 
 tificate of sufficiency of sureties in any contract before the 
 said bond or contract is signed by the bidder or con- 
 tractor and his sureties, or shall knowingly, or without 
 the exercise of due diligence approve any bond of a bid- 
 der with insufficient sureties, or shall knowingly make 
 any false or fraudulent certificate, shall be forthwith dis-
 
 902 Federal Criminal Law Procedure. 
 
 missed from office and be thereafter disqualified from 
 holding the office of postmaster, and shall also be deemed 
 guilty of a misdemeanor, and on conviction thereof be 
 punished by a fine not exceeding five thousand dollars, 
 or by imprisonment not exceeding one year, or both;" 
 
 Sections one, two, and three of "An Act to protect 
 ornamental and other trees on Government reservations 
 and on lands purchased by the United States, and for 
 other purposes," approved March third eighteen hun- 
 dred and seventy-five; 
 
 "An Act to punish certain larcenies and the receivers 
 of stolen goods," approved March third, eighteen hun- 
 dred and seventy-five; 
 
 "An Act to amend section fifty-four hundred and 
 fifty-seven of the Eevised Statutes of the United States, 
 relating to counterfeiting," approved January sixteenth, 
 eighteen hunderd and seventy-seven; 
 
 That part of section five of "An act establishing post- 
 roads, and for other purposes," approved March third, 
 eighteen hundred and seventy-seven, which reads as fol- 
 lows: "And if any person shall make use of any such 
 official envelope to avoid the payment of postage on his 
 private letter, package, or other matter in the mail, the 
 person so offending shall be deemed guilty of a misde- 
 meanor and subject to a fine of three hundred dollars, 
 to be prosecuted in any court of competent jurisdiction ; ' ' 
 
 That part of section one of "An Act making appropria- 
 tions for the service of the Post-Office Department for the 
 year ending June thirtieth, eighteen hundred and seventy- 
 nine, and for other purposes," approved June seven- 
 teenth, eighteen hundred and seventy-eight, which reads 
 as follows: "And any postmaster who shall make a 
 false return to the auditor, for the purpose of fraudulently 
 increasing his compensation under the provisions of this 
 or any other Act, shall be deemed guilty of a misdemean- 
 or, and, on conviction thereof, shall be fined in a sum 
 not less than fifty nor more than five hundred dollars, 
 or imprisoned for a term not exceeding one year, or 
 punished by both such fine and imprisonment, in the dis- 
 cretion of the court; and no postmaster of any class, 
 or other person connected with the postal service, in-
 
 Repealing Provisions. 903 
 
 trusted with the sale or custody of postage stamps, stamp- 
 ed envelopes, or postal cards, shall use or dispose of 
 them in the payment of debts or in the purchase of 
 merchandise or other salable articles, or pledge or hypoth- 
 ecate the same, or sell or dispose of them except for 
 cash, or sell or dispose of postage stamps or postal cards 
 for any larger or less sum than the values indicated on 
 their faces, or sell or dispose of stamped envelopes for a 
 larger or less sum than is charged therefor by the Post- 
 Office Department for like quantities, or sell or dispose 
 of postage stamps, stamped envelopes, or postal cards 
 otherwise than as provided by law and the regulations 
 of the Post-Office Department; and any postmaster or 
 other person connected with the postal service who shall 
 violate any of these provisions shall be deemed guilty 
 of a misdemeanor, and, on conviction thereof, shall be 
 fined in any sum not less than fifty nor more than five 
 hundred dollars, or imprisoned for a term not exceeding 
 one year;" 
 
 ''An Act to amend section fifty-four hundred and 
 ninety-seven of the Revised Statutes, relating to em- 
 bezzlement by officers of the United States," approved 
 February third, eighteen hundred and seventy-nine; 
 
 That part of section one of "An Act making appropria- 
 tions for the service of the Post-Office Department for 
 the fiscal year ending June thirtieth, eighteen hundred 
 and eighty, and for other purposes," approved March 
 third, eighteen hundred and seventy-nine, which reads as 
 follows: "That nothing contained in section thirty-nine 
 hundred and eighty-two of the Revised Statutes shall 
 be construed as prohibiting any person from receiving 
 and delivering to the nearest postoffice or postal car mail 
 matter properly stamped." Also sections thirteen, 
 twenty-three, twenty-seven, and twenty-eight of said Act; 
 
 "An Act to amend section fifty-four hundred and forty 
 of the Revised Statutes," approved May seventeenth, 
 eighteen hundred and seventy-nine; 
 
 Sections one, three, and four of "An Act to amend 
 section fifty-three hundred and fifty-two of the Revised 
 Statutes of the United States, in reference to bigamy, and 
 for other purposes," approved March twenty-second, 
 eighteen hundred and eighty-two;
 
 904 Federal Criminal Law Procedure. 
 
 Sections eleven, twelve, thirteen, and fourteen, and 
 fifteen of "An Act to regulate and improve the civil 
 service of the United States," approved January six- 
 teenth, eighteen hundred and eighty-three; 
 
 "An Act making it a felony for a person to falsely 
 and fraudulently assume or pretend to be an officer or 
 employee acting under authority of the United States 
 or any department or officer thereof, and prescribing a 
 penalty therefor," approved April eighteenth, eighteen 
 hundred and eighty-four; 
 
 "An Act to prevent and punish the counterfeiting 
 within the United States of notes, bonds, or other se- 
 curities of foreign governments," approved May six- 
 teenth, eighteen hundred and eighty-four; 
 
 Section nine of "An Act making appropriations for 
 the current and contingent expenses of the Indian De- 
 partment and for fulfilling treaty stipulations with vari- 
 ous Indian tribes for the year ending June thirtieth, 
 eighteen hundred and eighty-six, and for other pur- 
 poses," approved March third, eighteen hundred and 
 eighty-five ; 
 
 Section two of "An Act to amend the Act entitled 'An 
 Act to modify the money-order system, and for other 
 purposes,' approved March third, eighteen hundred and 
 eigh ty- three, " approved January third, eighteen hun- 
 dred and eighty-seven; 
 
 Section three, four, five, nine, and ten of "An Act to 
 amend an Act entitled 'An Act to amend section fifty- 
 three hundred and fifty-two of the Revised Statutes of 
 the United States, in reference to bigamy, and for other 
 purposes,' approved March twenty-second, eighteen hun- 
 dred and eighty-two," approved March third, eighteen 
 hundred and eighty-seven; 
 
 Section two of "An Act relating to permissible marks, 
 printing or writing, upon second, third, and fourth class 
 matter, and to amend the twenty-second and twenty- 
 third sections of an Act entitled 'An Act making ap- 
 propriations for the service of the Post-Office Department 
 for the fiscal year ending June thirtieth, eighteen hun- 
 dred and eighty, and for other purposes,' " approved 
 January twentieth, eighteen hundred and eighty-eight;
 
 Repealing Pkovisions. 905 
 
 < i 
 
 An Act to amend section fifty-three hundred and 
 eighty-eight of the Eevised Statutes of the United States 
 in relation to timber depredations," approved June 
 fourth, eighteen hundred and eighty-eight; 
 
 "An Act relating to postal crimes, and amendatory of 
 the statutes therein mentioned," approved June eigh- 
 teenth, eighteen hundred and eighty-eight; 
 
 "An Act amendatory of 'An Act relating to postal 
 crimes and amendatory of the statutes therein mention- 
 ed," approved June eighteenth, eighteen hundred and 
 eighty-eight, and for other purposes," approved Sep- 
 tember twenty-sixth, eighteen hundred and eighty-eight; 
 
 "An Act to punish, as a felony, the carnal and unlaw- 
 ful knowing of any female under the age of sixteen 
 years," approved February ninth, eighteen hundred and 
 eighty-nine; 
 
 Sections one and two of "An Act to punish dealers and 
 pretended dealers in counterfeit money and other fraud- 
 ulent devices for using the United States mails," ap- 
 proved March second, eighteen hundred and eighty-nine; 
 
 Section one of "An Act to amend certain sections of 
 the Revised Statutes relating to lotteries, and for other 
 purposes," approved September nineteenth, eighteen hun- 
 dred and ninety; 
 
 "An Act further to prevent counterfeiting or manufac- 
 ture of dies, tools, or other implements used in counter- 
 feiting, and providing penalties therefor, and providing 
 for the issue of search warrants in certain cases," ap- 
 proved February tenth, eighteen hundred and ninety- 
 one; 
 
 "An Act to amend sections fifty-three hundred and 
 sixty-five and fifty three hundred and sixty-six of the 
 Revised Statutes relating to barratry on the highseas, ,: 
 approved August sixth, eighteen hundred and ninety- 
 four; 
 
 Sections one and two of "An Act for the suppression of 
 lottery traffic through national and interstate commerce 
 and the postal service, subject to the jurisdiction and 
 laws of the United States," approved March second, 
 eighteen hundred and ninety-five;
 
 906 Federal Criminal Law Procedure. 
 
 "An Act to prohibit prize fighting and pugilism and 
 fights between men and animals, and to provide penalties 
 therefor in the Territories and the District of Columbia, ' ' 
 approved February seventh, eighteen hundred and ninety- 
 six; 
 
 That part of "An Act making appropriations for the 
 Department of Agriculture for the fiscal year ending- 
 June thirtieth, eighteen hundred and ninety-five," ap- 
 proved August eighth, eighteen hundred and ninety-four, 
 and that part of "An Act making appropriations for 
 the Department of Agriculture for the fiscal year ending 
 June thirtieth, eighteen hundred and ninety-six," ap- 
 proved March second, eighteen hundred and ninety-five, 
 and that part of "An Act making appropriations for the 
 Department of Agriculture for the fiscal year ending 
 June thirtieth, eighteen hundred and ninety-seven," ap- 
 proved April twenty-fifth, eighteen hundred and ninety- 
 six, which reads as follows: "Any person who shall 
 knowingly issue or publish any weather forecasts or warn- 
 ings of weather conditions falsely representing such fore- 
 casts or warnings to have been issued or published by 
 the Weather Bureau, United States Signal Service, or 
 other branch of the government service, shall be deemed 
 guilty of a misdemeanor, and, on conviction thereof, for 
 each offense be fined in a sum not exceeding five hundred 
 dollars, or imprisoned not to exceed ninety days, or be 
 both fined and imprisoned, in the discretion of the court;" 
 
 That part of "An Act making appropriations for cur- 
 rent and contingent expenses of the Indian Department 
 and fulfilling treaty stipulations with various Indian 
 tribes for the fiscal year ending June thirtieth, eighteen 
 hundred and ninety-seven, and for other purposes," ap- 
 proved June tenth, eighteen hundred and ninety-six, 
 which reads as follows: "Provided further, That here- 
 after it shall be unlawful for any person to destroy, de- 
 face, change, or remove to another place any section 
 corner, quarter-section corner, or meander post on any 
 Government line of survey, or to cut down any witness 
 tree or any tree blazed to mark the line of a Government 
 survey, or to deface, change, or remove any monument 
 or bench mark of any Government survey. That any
 
 Eepealing Provisions. 907 
 
 person who shall offend against any of the provisions of 
 this paragraph shall be deemed guilty of a misdemeanor, 
 and, upon conviction thereof in any court, shall be fined 
 not exceeding two hundred and fifty dollars or be im- 
 prisoned not more than one hundred days. All the fines 
 accruing under this paragraph shall be paid into the 
 Treasury, and the informer in each case of conviction 
 shall be paid the sum of twenty-five dollars;" 
 
 "An Act to reduce the cases in which the penalty of 
 death may be inflicted," approved January fifteenth, 
 eighteen hundred and ninety-seven; 
 
 "An Act to prevent the carrying of obscene literature 
 and articles designed for indecent and immoral use from 
 one State or Territory into another State or Territory," 
 approved February eight, eighteen hundred and ninety- 
 seven ; 
 
 "An Act to prevent forest fires on the public domain," 
 approved February twenty-fourth, eighteen hundred and 
 ninety-seven; 
 
 "An Act to prevent the purchasing of or speculating in 
 claims against the Federal Government by United 
 States officers," approved February twenty-fifth, eigh- 
 teen hundred and ninety-seven; 
 
 "An Act to amend section fifty-four hundred and fifty- 
 nine of the Revised Statutes, prescribing the punishment 
 for mutilating United States coins, and for uttering or 
 passing or attempting to utter or pass such mutilated 
 coins," approved March third, eighteen hundred and 
 ninety-seven ; 
 
 Section eighteen of "An Act to amend the laws relat- 
 ing to navigation, ' ' approved March third, eighteen hun- 
 dred and ninety-seven; 
 
 That part of section one of "An Act making appropria- 
 tions for the service of the Post-Office Department for 
 the fiscal year ending June thirtieth, eighteen hundred 
 and ninety-nine," approved June thirteenth, eighteen 
 hundred and ninety-eight, which reads as follows: "Pro- 
 vided, That any person or persons who shall place or cause 
 to be placed any matter in the mails during the regular 
 weighing period, for the purpose of increasing the weight 
 of the mails with intent to cause an increase in the com-
 
 908 Federal Criminal Law Procedure. 
 
 pen sat ion of the railroad mail carrier over whose route 
 such mail matter may pass, shall be deemed guilty of 
 a misdemeanor, and shall on conviction thereof be fined 
 not less than five hundred dollars nor more than twenty 
 thousand dollars, and shall be imprisoned at hard labor 
 not less than thirty days nor more than five years;" 
 
 Section seventeen of "An Act to provide revenue for the 
 Government, and to encourage the industries of the Unit- 
 ed States," approved July twenty-fourth, eighteen hun- 
 dred and ninety-seven; 
 
 Section three of an Act entitled "An Act making ap- 
 propriations for the service of the Post-Office Department 
 for the fiscal year ending June thirtieth, nineteen hundred 
 and four, and for other purposes," approved March 
 third, nineteen hundred and three; 
 
 "An Act to protect the harbor defenses and fortifica- 
 tions constructed or used by the United States from 
 malicious injury, and for other purposes," approved July 
 seventh, eighteen hundred and ninety-eight; 
 
 "An Act to amend an Act entitled 'An Act to prevent 
 forest fires on the public domain,' approved February 
 twenty-fourth, eighteen hundred and ninety-seven," ap- 
 proved May twenty-fifth, nineteen hundred; 
 
 Sections two, three, and four of "An Act to enlarge 
 the powers of the Department of Agriculture, prohibit 
 the transportation by interstate commerce of game killed 
 in violation of local laws, and for other purposes," ap- 
 proved May twenty-fifth, nineteen hundred; 
 
 "An Act to prevent the sale of firearms, opium, and 
 intoxicating liquors in certain islands of the Pacific," 
 approved February fourteenth, nineteen hundred and 
 1 wo ; 
 
 "An Act for the suppression of train robbery in the 
 Territories of the United States and elsewhere, and for 
 other purposes," approved July first, nineteen hundred 
 and two; 
 
 "An Act conferring jurisdiction upon the circuit and 
 district courts for the district of South Dakota in certain 
 cases, and for other purposes," approved February sec- 
 ond, nineteen hundred and three;
 
 Eepealing Peovisions. 900 
 
 "An Act to amend section three of the 'Act further to 
 prevent counterfeiting or manufacturing of dies, tools, 
 or other implements used in manufacturing,' and so 
 forth, approved February tenth, eighteen hundred and 
 ninety-one," approved March third, nineteen hundred 
 and three; 
 
 "An Act for the protection of the Bull Run Forest Re- 
 serve and the sources of the water supply of the city of 
 Portland, State of Oregon," approved April twenty- 
 eighth, nineteen hundred and four; 
 
 "An Act to amend the Act of February eighth, eigh- 
 teen hundred and ninety-seven, entitled 'An Act to pre- 
 vent the carrying of obscure literature and articles de- 
 signed for indecent and immoral use from one State or 
 Territory into another State or Territory,' so as to pre- 
 vent the importation and exportation of the same;" ap- 
 proved February eighth, nineteen hundred and five; 
 
 "An Act to amend section thirteen of chapter three 
 hundred and ninety-four of the Supplement of the Re- 
 vised Statutes of the United States," approved March 
 second nineteen hundred and five; 
 
 Section five of "An Act to amend sections forty-four 
 hundred and seventeen, forty-four hundred and fifty- 
 three, forty-four hundred and eighty-eight, and forty- 
 four hundred and ninety-nine of the Revised Statues re- 
 lating to misconduct by officers or owners of vessels," 
 approved March third, nineteen hundred and five; 
 
 "An Act to punish the cutting, chipping, or boxing of 
 trees on the public lands," approved June fourth, nine- 
 teen hundred and six. 
 
 Sections sixteen, seventeen, and nineteen of "An Act 
 to establish a bureau of immigration and naturalization, 
 and to provide for a uniform rule for the naturalization 
 of aliens throughout the United States," approved June 
 twenty-ninth, nineteen hundred and six. 
 
 An Act entitled "An Act to prohibit corporations from 
 making money contributions connection with political 
 elections," approved January twenty-sixth, nineteen hun- 
 dred and seven. 
 
 An Act entitled "An Act to amend sections one, two, 
 and three of an Act entitled 'An Act to prohibit shang-
 
 910 Federal Criminal Law Procedure. 
 
 haiing in the United States,' approved June twenty- 
 eight, nineteen hundred and six," approved March sec- 
 ond, nineteen hundred and seven. 
 
 An Act entitled "An Act to promote the safe transpor- 
 tation in interstate commerce of explosives and other 
 dangerous articles, and to provide penalties for its viola- 
 tion," approved May thirteenth, nineteen hundred and 
 eight. 
 
 An Act entitled "An Act to amend section fifty-four 
 hundred and thirty-eight of the Revised Statutes," ap- 
 proved May thirtieth, nineteen hundred and eight. 
 
 Also all other sections and parts of sections of the 
 Revised Statutes and Acts and parts of Acts of Congress, 
 in so far as they are embraced within and superseded by 
 this Act, are hereby repealed; the remaining portions 
 thereof to be and remain in force with the same effect 
 and to the same extent as if this Act had not been passed. 
 
 § 342. Accrued rights, etc., not affected. — The repeal 
 of existing laws or modifications thereof embraced in 
 this title shall not affect any act done, or any right ac- 
 curring or accrued, or any suit or proceeding had or com- 
 menced in any civil cause prior to said repeal or modifica- 
 tions, but all liabilities under said laws shall continue and 
 may be enforced in the same manner as if said repeal or 
 modifications had not been made. 
 
 § 343. Prosecutions and punishments. — All offenses 
 committed, and all penalties, forfeitures, or liabilities in- 
 curred prior to the taking effect hereof, under any law 
 embraced in, or changed, modified, or repealed by this 
 title, may be prosecuted and punished in the same manner 
 and with the same effect as if this Act had not been passed. 
 
 § 344. Acts of limitation. — All acts of limitation, 
 whether applicable to civil causes and proceedings, or 
 for the recovery of penalties or forfeitures, embraced in, 
 modified, changed, or repealed by this title, shall not be 
 affected thereby; and all suits or proceedings for causes 
 arising or acts done or committed prior to the taking 
 effect hereof may be commenced and prosecuted within 
 the same time and with the same effect as if said repel 
 had not been made.
 
 Repealing Provisions. 911 
 
 § 345. Date this act shall be effective. — This Act shall 
 take effect and be in force on and after the first day of 
 January, nineteen hundred and ten. 
 
 Approved, March 4, 1909.
 
 INDEX TO FOREGOING PENAL CODE. 
 
 Abortion : Sec. 
 
 Aiding in trading, etc., in 
 
 articles to produce, .... 102 
 Articles to produce, non- 
 mailable 211 
 
 Shipment of articles to pro- 
 duce, in foreign and in- 
 terstate commerce 245 
 
 Traffic in articles to pro- 
 duce, in Territories ... 312 
 Accessories : 
 
 Punishment of 333 
 
 Adultery: 
 
 Punishment for 316 
 
 Affidavits : 
 
 Altering, counterfeiting, 
 
 etc 28 
 
 Taking or carrying away, 
 
 etc., unlawfully 40 
 
 Unlawful use of, to secure 
 payment of claims, etc. 40 
 Aliens: 
 
 Counterfeiting oath, etc., 
 relating to naturalization 
 
 of 76 
 
 Depriving, of civil rights. 20 
 Animal Industry Bureau: 
 
 Forcibly resisting officers 
 
 of 62 
 
 Armories : 
 
 Enticing workmen from. 43 
 Hiring or concealing em- 
 ployees of 43 
 
 Arms : 
 
 Purchasing or receiving, in 
 
 pledge from soldiers . . 35 
 Stealing, etc., of United 
 
 States 36 
 
 Army posts: 
 
 See Military reservations. 
 Arsenals : 
 
 Arson of 286 
 
 Enticing workmen from . . 43 
 Hiring or concealing em- 
 ployees of 43 
 
 Unlawful presence upon . 45 
 Arson : 
 
 Of arsenal, etc 286 
 
 Of dwelling house 285 
 
 Assault : 
 
 With intent to commit 
 
 murder, rape, etc 276 
 
 Bail : 
 
 Procuring false 127 
 
 See Securities. 
 
 58 
 
 Bankers : Sec. 
 
 Converting, using, etc., 
 
 public moneys 96 
 
 Bids: 
 
 Altering, counterfeiting, 
 
 etc 28 
 
 Having in possession alter- 
 ed, etc., with intent to 
 defraud 28 
 
 Uttering or publishing al- 
 tered, etc 28 
 
 Birds: 
 
 Hunting, etc., on preserves 84 
 
 Importation of certain, 
 
 prohibited 241 
 
 Blood: 
 
 No conviction to work cor- 
 ruption of 324 
 
 Bonds : 
 
 Altering, counterfeiting, 
 etc 28 
 
 Having in possession al- 
 tered, etc., with intent 
 to defraud 28 
 
 Imitating, printing adver- 
 tisements on, etc 177 
 
 Uttering or publishing al- 
 tered, etc 28 
 
 Bribery : 
 
 Acceptance of, by juror, 
 judicial officer, etc 133 
 
 Attempting, of Members of 
 Congress Ill 
 
 Of government officials . . 39 
 
 Of judge or judicial officer 131 
 
 Of members of Congress. 110 
 
 Officers of United States 
 accepting 117 
 
 Of revenue officers 67 
 
 Of witnesses 134 
 
 Bull fights: 
 
 Prohibited 320 
 
 Bull Run National Forest: 
 
 Trespassing upon 55 
 
 Bureau of Animal Industry: 
 
 See Animal Industry Bu- 
 reau. 
 
 Certificates: 
 
 Altering, counterfeiting, 
 
 etc 20 
 
 Falsifying by officials . . 106 
 Having in possession al- 
 tered, etc., with intent 
 to defraud 30
 
 914 
 
 Index. 
 
 Certificates — Continued. Sec. 
 
 Imitating, printing adver- 
 tisements on, etc 177 
 
 Officials making false, to 
 obtain payment of claim 35 
 
 Postmaster making false. 222 
 
 Taking or carrying away, 
 etc., unlawfully 40 
 
 Unlawful use of, to secure 
 payment of claims, etc. 40 
 
 Uttering or publishing al- 
 tered, etc 29 
 
 Certificates of entry: 
 
 Altering, counterfeiting, 
 etc., by officers 63 
 
 Citizens: 
 
 Falsely claiming to be, of 
 United States 79 
 
 Intimidation of, in exercise 
 of rights, etc., secured 
 by Constitution 19 
 
 Citizenship : 
 
 Counterfeiting certificate 
 of 74 
 
 Counterfeiting, etc., signa- 
 ture, etc., to obtain cer- 
 tificate of 76 
 
 Denying, after naturaliza- 
 tion 77 
 
 Engraving plate, etc., for 
 printing certificate of . . 75 
 
 False impersonation to ob- 
 tain tertificate of 76 
 
 Falsely claiming 79 
 
 Printing or photographing 
 certificates of 75 
 
 Selling, etc., certificate of 76 
 
 Unlawful possession, etc., 
 of counterfeit certificates 
 of 77 
 
 Unlawful possession of 
 counterfeit plates, etc., 
 of certificates of 75 
 
 Unlawful use of certificates 
 
 of 78 
 
 Claims: 
 
 Aiding in payment of false 35 
 
 Court officials purchasing, 
 for fees, etc 104 
 
 False presentation of 
 against United States . . 35 
 
 Members of Congress be- 
 ing interested in, against 
 United States 113 
 
 Officers not to be interest- 
 ed in, against United 
 States 10!) 
 
 Presenting false, etc., as to 
 mail matter 224 
 
 Clerks of courts: Sec. 
 
 Failure of, to deposit 
 
 moneys 99 
 
 Purchasing claims for wit- 
 ness fees, etc 104 
 
 Receiving money, as a loan 
 
 etc., from 100 
 
 Cohabitation: 
 
 Unlawful 314 
 
 Coins: 
 
 Counterfeited, to be for- 
 feited 172 
 
 Counterfeiting, gold and 
 
 silver 163 
 
 Counterfeiting, importing, 
 
 etc., designs of 171 
 
 Counterfeiting, etc., dies 
 
 for foreign 170 
 
 Counterfeiting, etc., dies 
 
 for, of United States .. 16') 
 Debasement of, by officers 
 
 of mint 166 
 
 Embezzling, by officers of 
 
 mint 166 
 
 Making, etc., devices of 
 
 minor 163 
 
 Making, etc., in resem- 
 blance of money 167 
 
 Marshals, etc., authorized 
 to search for counter- 
 feited 173 
 
 Minor; counterfeiting, etc. 164 
 Mutilating, scaling, etc. . . 165 
 Passing, etc., counterfeited 16:5 
 Passing, etc., or bringing 
 into United States muti- 
 lated, etc 105 
 
 Commerce : 
 
 Foreign and interstate — 
 Depositing obscene 
 books, etc., for ship- 
 ment in 245 
 
 Importation of certain 
 animals and birds 
 
 prohibited 24 1 
 
 Interstate Commerce 
 Commission to regu- 
 late transportation 
 of explosives in .... 233 
 Marking of packages 
 containing birds and 
 animals to be ship- 
 ped in 243 
 
 Marking of packages 
 containing explo- 
 sives to be shipped 
 
 in 235 
 
 Shipment of lottery 
 
 tickets, etc., in .... 237 
 Unlawful shipment of 
 dynamite, etc., in . . 232
 
 Index. 
 
 915 
 
 Commerce, Foreign, etc. — Continued. 
 
 Sec. 
 
 Unlawful shipment of 
 liquid nitroglycerin, 
 
 etc., in 234 
 
 Interstate — 
 
 Packages containing 
 intoxicating liquors 
 for shipment in, to 
 be marked as such . 240 
 Shipment of certain 
 birds and animals 
 in, prohibited ; ex- 
 ception 242 
 
 Shipment of intoxicat- 
 ing liquors in; com- 
 mon carrier not to 
 collect purchase 
 
 price of 239 
 
 Shipment of intoxicat- 
 ing liquors in; de- 
 livery to be to bona 
 
 fide consignee 238 
 
 Conspiracy : 
 
 To cast away vessel 296 
 
 To commit any offense 
 against United States ; 
 
 all parties liable 37 
 
 To induce an officer of 
 United States to leave 
 any State, Territory, etc. 21 
 To intimidate, etc., citizen 
 in free exercise of right, 
 etc., secured by Consti- 
 tution 19 
 
 To intimidate witnesses, 
 
 jurors, etc 136 
 
 To prevent any person 
 from accepting or hold- 
 ing office 21 
 
 Seditious 6 
 
 Consuls : 
 
 Falsely certifying invoices 70 
 Contracts : 
 
 Altering, counterfeiting, 
 
 etc., 2S 
 
 Employees of postal service 
 not to become interested 
 in, for carrying mails, 
 
 etc 226 
 
 Having in possession al- 
 tered, etc., with intent 
 
 to defraud 28 
 
 Members of Congress in- 
 interested in 114 
 
 Officers making, to pay 
 larger sum than appro- 
 pirated 98 
 
 Officials making, with 
 Members of Congress ... 115 
 
 Contracts — Continued. Sec. 
 
 Procuring, by Members of 
 
 Congress 1 12 
 
 Uttering or publishing al- 
 tered, etc 28 
 
 Conveyances : 
 
 Falsely certifying record- 
 ing of 105 
 
 Corporations : 
 
 Circulating bills of expired 174 
 Contributions by, to elec- 
 tions 83 
 
 Officers of, not to act as 
 government agents to 
 make public contracts.. 41 
 Counterfeit money: 
 
 Using mails to distribute 215 
 
 Counterfeiting: 
 
 Banks notes of foreign gov- 
 ernments 158 
 
 Bonds, notes, etc., of for- 
 eign governments 156 
 
 Certificates of citizenship . 74 
 Certificates of entry by 
 
 officials 63 
 
 Designs of coins 171 
 
 Dies for coins of United 
 
 States 169 
 
 Dies, etc., for foreign coins 170 
 Gold and silver coins .... 163 
 Issue of search warrants to 
 
 detect 173 
 
 Letters patent 27 
 
 Military bounty-land war- 
 rant, etc 73 
 
 Minor coins 164 
 
 Money orders 218 
 
 National-bank notes 14:) 
 
 Postage stamps, foreign . . 220 
 Postage stamps, postal 
 
 cards, etc 219 
 
 Begistry or enrollment of 
 
 vessel 72 
 
 Securities of United States 14S 
 Signature of postmaster . . 218 
 Uttering, etc., military 
 bounty-land warrant, etc. 73 
 Courts : 
 
 Crimes defined in title cog- 
 nizable by circuit and 
 district 340 
 
 Officers of, failing to de- 
 posit moneys, etc 99 
 
 Officers of, purchasing 
 claims for witness fees, 
 etc 104 
 
 Beceiving loan etc., from 
 officers of 100
 
 916 
 
 Index. 
 
 Crop reports: Sec. 
 
 Officials giving advance 
 information respecting . . 123 
 
 Officials issuing false statis- 
 tics respecting 124 
 
 Assaulting, etc., officer of . 65 
 
 Death: 
 
 Infliction of penalty of, by 
 
 hanging 323 
 
 Deeds : 
 
 Altering, counterfeiting, 
 etc 29 
 
 Having in possession al- 
 tered, etc., with intent 
 to defraud 30 
 
 Uttering or publishing al- 
 tered, etc 2!) 
 
 Desertion : 
 
 Enticing, from army and 
 
 navy 42 
 
 District courts: 
 
 Jurisdiction in offenses 
 
 against neutrality 14 
 
 Dynamite: 
 
 Shipping, unlawfully, in 
 foreign and interstate 
 
 commerce 232 
 
 Elections : 
 
 Contributions to, by cor- 
 porations and national 
 banks 83 
 
 Intimidation of voters by 
 officers, etc., of army 
 and navy at 23 
 
 Officers, etc., of army and 
 navy, intimidating offi- 
 cers of 25 
 
 Officers of army or navy, 
 prescribing qualifications 
 of voters at 24 
 
 Unlawful presence of 
 
 troops at 22 
 
 Embezzlement: 
 
 Of coins by officers of mint 160 
 
 Of mail matter 194 
 
 By officers, clerks, of 
 United States 86 
 
 Of postal funds, property, 
 etc 225 
 
 Of public moneys, by dis- 
 bursing officers 87 
 
 Of public moneys, by in- 
 ternal-revenue officers . . 97 
 
 Of public property 47 
 
 Explosives : 
 
 Death or injury from, in 
 transportation ; person 
 liable 236 
 
 Interstate Commerce Com- 
 mission to regulate 
 transportation of 233 
 
 Explosives — Continued. Sec. 
 
 Marking packages contain- 
 ing 235 
 
 Sending, in mails, prohib- 
 ited 217 
 
 Shipping unlawfully, in 
 foreign and interstate J 232 
 
 commerce { 234 
 
 Extortion: 
 
 By officers of United States 85 
 
 By threats of informing, etc 14."> 
 Felony : 
 
 Definition of 335 
 
 Misprision of 146 
 
 Female : 
 
 Having carnal knowledge 
 of, under 16 279 
 
 Payment of fine to, when 
 seduced 28 1 
 
 Seduction of, passenger on 
 
 vessel . 280 
 
 Fines: 
 
 For timber depredations, 
 to be paid into public 
 school fund 54 
 
 Foreign governments: 
 
 Accepting commission to 
 serve, against friendly 
 power 9 
 
 Argumenting force of war 
 vessels of 12 
 
 Counterfeiting, etc., bank 
 notes of 158 
 
 Counterfeiting, etc., de- 
 signs of coins of 17 1 
 
 Counterfeiting, etc., dies 
 for coins of 170 
 
 Counterfeiting, etc., post- 
 age stamps of 220 
 
 Counterfeiting, etc., secu- 
 rities of 156 
 
 Enlisting in service of ... . 10 
 
 Fitting out and arming ves- 
 sels to serve 11 
 
 Having in possession, etc., 
 counterfeited, etc., bank 
 notes of 160 
 
 Having unlawful posses- 
 sion of plates for print- 
 ing securities of 161 
 
 Organizing military expedi- 
 tions against 13 
 
 Passing, etc., counterfeit- 
 ed, etc., bank notes of.. 159 
 
 Piracy by subjects of .... 305 
 
 Unauthorized correspon- 
 dence with 5 
 
 Forgery : 
 
 Of bids, etc 28 
 
 Of certificates, etc 35
 
 Index. 
 
 917 
 
 Forgery — Continued. Sec. 
 
 By connecting parts of dif- 
 ferent instruments .... 162 
 
 Of deeds, etc 29 
 
 Of judicial papers, etc. . . 130 
 
 Of letter patent 27 
 
 Of securities of United 
 
 States 148 
 
 Fornication : 
 
 Punishment for 3 IS 
 
 Fortifications: 
 
 Destroying property of . . . 44 
 Forts : 
 
 Unlawful presence upon . . 45 
 Gift enterprises: 
 
 See Lotteries. 
 Goods : 
 
 Receiving stolen, etc 288 
 
 "Green goods : " 
 
 See Counterfeit money. 
 Gunpowder : 
 
 See Dynamite. 
 "Hard labor:" 
 
 Ommission of words from 
 
 title 338 
 
 Hostility against the Govern- 
 ment: 
 
 Enlisting in United States 
 to serve in 8 
 
 Recruiting soldiers etc., 
 
 for 7 
 
 Incest : 
 
 Definition of; punishment 317 
 
 1 ndian reservations : 
 
 Crimes on, in South Da- 
 kota 320 
 
 Cutting, etc., timber on . . 50 
 Indians committing crimes 
 
 on 328 
 
 Indians : 
 
 Punishment of, for crimes 
 
 in Territories 328 
 
 Insurrection: 
 
 Inciting against United 
 
 States 4 
 
 Internal revenue: 
 
 Assaulting, etc., officer of 65 
 
 Interstate Commerce Commis- 
 sion: 
 To regulate transportation 
 
 of explosives 233 
 
 Intoxicating liquors: 
 See Liquors. 
 
 Invoices: 
 
 Concealing or destroying, 
 
 of merchandise 64 
 
 Consuls falsely certifying. 70 
 
 Judges : 
 
 Accepting bribe 132 
 
 Bribery of 131 
 
 Jurors : Sec. 
 
 Accepting bribe 133 
 
 Attempting to influence by 
 
 writing 137 
 
 Conspiracy to intimidate, 
 
 etc 130 
 
 Intimidating, corrupting, 
 
 etc 135 
 
 Kidnaping: 
 
 Bringing kidnaped persons 
 
 into United States 271 
 
 Definition of 26S 
 
 Larceny : 
 
 Punishment for 287 
 
 Letters patent: 
 
 Uttering, etc., forged or 
 counterfeited 27 
 
 Limitation: 
 
 Acts of 344 
 
 Liquors : 
 
 Interstate shipment of in- 
 toxicating; common car- 
 rier not to collect pur- 
 chase price of 23!* 
 
 Interstate shipment of in- 
 toxicating; delivery to 
 be to bona fide consignee 238 
 
 Interstate shipment of in- 
 toxicating ; packages 
 containing, to be mark- 
 ed as such 240 
 
 Sending, in mails, prohib- 
 ited 217 
 
 Lotteries : 
 
 Importing, etc., tickets of 237 
 
 Matter relating to, non- 
 mailable 213 
 
 Postmasters not to be 
 
 agents for 2 J 4 
 
 Lottery tickets: 
 
 See Lotteries. 
 
 Mail bags: 
 
 Injuring, etc 189 
 
 Mail matter: 
 
 See Mails. 
 Mails (see also Post-offices) : 
 
 Assaulting carrier of, with 
 intent to rob 197 
 
 Carried by foreign vessel, 
 to be delivered to post- 
 office 203 
 
 Carrying letters out of, on 
 post routes 184 
 
 Carrying letters out of, on 
 vessels 185 
 
 Carrying letters, etc., with- 
 out compensation 180 
 
 Conveyance of, by private 
 express 181 
 
 Delaying, by ferryman . . , 202
 
 918 
 
 Index. 
 
 Mails — Continued. Sec. 
 
 Delivery of, by master of 
 vessel 200 
 
 Deserting 199 
 
 Detaining, embezzling, etc., 
 by postmaster 105 
 
 Foreign vessels to deliver, 
 before entry is allowed. 204 
 
 Fraudulent us of enve- 
 lopes, to avoid payment 
 of postage 227 
 
 Fraudulently increasing 
 weight of 228 
 
 Having in possession 
 stolen, etc 194 
 
 Illegal carrying, by car- 
 riers, etc 180 
 
 Inclosing higher class, in 
 lower class, etc 221 
 
 Injuring bags for carrying 189 
 
 Injuring, destroying, etc. 198 
 
 Injuring letter box, lock 
 box, etc 198 
 
 Libelous, indecent, etc., 
 envelopes, cards, etc. 
 excluded from 212 
 
 Liquors etc., excluded 
 from 217 
 
 Lottery ticket, gift enter- 
 prise, etc., excluded 
 from 213 
 
 Obscene, etc., matter, ex- 
 cluded from 211 
 
 Obstructing, etc 201 
 
 Offenses against foreign, 
 in transit 229 
 
 Poisons and explosives ex- 
 cluded from; exception 217 
 
 Presenting false claims, 
 etc. in relation to .... 224 
 
 Robbery of 197 
 
 Securing admission of pub- 
 lications, of, at second- 
 class rate, by fraud . . . 223 
 
 Sending, by private ex- 
 press 183 
 
 Stealing, embezzling, etc. 194 
 
 Transporting persons un- 
 lawfully conveying .... 182 
 
 L T se of, to promote fraud. 215 
 
 Using for fraudulent 
 schemes, etc 216 
 
 Vehicles, etc., claiming to 
 be carriers of 188 
 
 Wearing uniform of carrier 
 of 187 
 
 Maiming: 
 
 Punishment for 283 
 
 Manslaughter: 
 
 Assault with intent to com- 
 mit 276 
 
 Manslaughter — Continued. Sec. 
 
 Attempt to commit 277 
 
 Definition of 274 
 
 Place where crime deemed 
 to have been committed 336 
 
 Punishment for 275 
 
 Marriage : Sec. 
 Failing to record certifi- 
 cates of 319 
 
 Marshals : 
 
 Allowing prisoner tc es- 
 cape 138 
 
 Rescuing body of executed 
 
 offender from 144 
 
 Members of Congress: 
 
 Being interested in con- 
 tracts 114 
 
 Offering bribe, etc., to... Ill 
 Officials making contracts 
 
 with 115 
 
 Procuring contracts, offices 
 
 etc 112 
 
 Receiving compensation 
 
 for official services... 110 
 Receiving compensation 
 for services in claims, 
 
 etc 113 
 
 Soliciting or accepting 
 
 bribe HO 
 
 Soliciting or receiving 
 political contributions . . 118 
 Merchandise: 
 
 Admitting, to entry for 
 
 less than legal duty 68 
 
 Securing entry of, by false 
 
 samples 69 
 
 Military Reservations: 
 
 Unlawful presence upon.. 54 
 Misdemeanor: 
 
 definition of 335 
 
 Misprision of felony; 
 
 See Felony. 
 Misprision of treason: 
 
 See Treason. 
 Money Jrders. 
 . Counterfeiting 218 
 
 Issuing, without payment, 
 by postmasters 210 
 
 Presenting forged, etc., 
 
 for payment 218 
 
 Murder : 
 
 Assault with intent to com- 
 mit 276 
 
 Attempt to commit 277 
 
 Body of executed offender 
 may be delivered to sur- 
 geon for dissection.... 331 
 
 Definition of 273 
 
 Place where crime deemed 
 to have been committed 336 
 
 Punishment for 275
 
 Index. 
 
 919 
 
 Murder — Continued. See. 
 
 Verdiet for crime of, may 
 
 be qualified 330 
 
 Mutiny : 
 
 Inciting, by crew of vessel, 
 etc 292 
 
 Contr buttons by, to elec- 
 tions 83 
 
 National-bank notes: 
 
 Connecting different parts 
 of 162 
 
 Counterfeiting, altering, 
 etc 149 
 
 Imitating, printing adver- 
 tisements on, etc 175 
 
 Mutilating or defacing.. . . 176 
 National currency: 
 
 See National-bank notes. 
 Naturalization: 
 
 Counterfeiting, etc., signa- 
 ture, etc., relating to . . 76 
 
 Denying citizenship after. 77 
 
 False swearing in proceed- 
 ings relating to 80 
 
 Jurisdiction in proceedings 
 
 for 81 
 
 Using false certficates of. 79 
 Newspapers : 
 
 Detention, etc., of, by 
 postmasters 196 
 
 Nitroglycerin: 
 
 Shipping, unlawfully, in 
 foreign and interstate 
 commerce 234 
 
 Notes : 
 
 Issue of, for less sum than 
 
 $1, prohibited 178 
 
 Oaths : 
 
 Counterfeiting, relating to 
 naturalization of aliens 76 
 
 Officer making false ac- 
 knowledgment with re- 
 spect to contracts, etc., 31 
 
 "Obligation or other se- 
 curity of the United 
 States" (See also Se- 
 curities) : 
 
 Definition of phrase 147 
 
 Obscene literature: 
 
 See under Publications and 
 Mails. 
 Office : 
 
 Disqualification for hold- 
 ing, of honor, etc 26 
 
 Officers : 
 
 Accepting bribe 117 
 
 Aiding in trading, etc., in 
 
 obscene Publications etc. 102 
 Conversion of public mon- 
 eys by 95 
 
 Officers — Continued Sec. 
 
 Disbursing — 
 
 Converting, etc., pub- 
 lic money to own 
 
 use, etc 87 
 
 Trading in public 
 
 funds, etc 103 
 
 Embezzlement by 94 
 
 Extortion by 85 
 
 Failing to : lake returns or 
 
 reports 83 
 
 Falsely pretending to be, 
 of United States 32 
 
 Giving out advance infor- 
 mation respecting crop 
 reports 123 
 
 Issuing false statistics re- 
 specting crop reports.. 124 
 
 Making contracts in excess 
 of appropriations 98 
 
 Making false certificates, 
 etc 106 
 
 Obstructing, etc., in serv- 
 ing process 140 
 
 Prosecuting claims against 
 United States 109 
 
 Receipting for larger sums 
 than are paid 86 
 
 Receiving political contri- 
 butions 118 
 
 Pacific islands: 
 
 Selling arms, etc., to na- 
 tives of 308 
 
 Pension agents : 
 
 Receiving illegal fees . . . 108 
 
 Peonage (see also Slaves) : 
 
 Holding, itc, persons in . . 269 
 
 Perjurj : 
 
 Definition of 125 
 
 Subornation of 126 
 
 Piracy: 
 
 Accessories to 334 
 
 Seizure of persons to make 
 
 slaves of, is act of ... . 247 
 By subjects of foreign 
 
 state 305 
 
 Under color of foreign 
 
 commission. ... 304 
 
 Under the law of nations. 290 
 
 Pitch : 
 
 See Turpentine. 
 
 Poisons : 
 
 Sending, improperly, in the 
 
 mails 217 
 
 Political contributions: 
 
 By corporation or nation- 
 al banKs 83 
 
 Immunity, from, by offi- 
 cers, employees, etc. . . . 120
 
 920 
 
 Index. 
 
 Political Contributions — Continued. 
 
 Sec. 
 
 Members of Congress, offi- 
 cials, etc., soliciting or 
 receiving 118 
 
 Officials, etc., not to give 
 to Members of Ccngress, 
 other officials, etc 121 
 
 In public buildings, pro- 
 hibited 119 
 
 Polygamy : 
 
 Definition of; punishment 213 
 Post-offices (see also Mails) : 
 
 Breaking into and entering 192 
 
 Conducting fraudulent 
 schemes, by use of .... 216 
 
 Conducting, without au- 
 thority 179 
 
 Stealing, etc., mail locks, 
 etc., of 191 
 
 Stealing, etc., property of 190 
 Postage stamps: 
 
 Counterfoil etc 213 
 
 Failure to cancel, by post- 
 
 tc 220 
 
 Foreign — Counterfeiting, 
 
 master 209 
 
 Unla ful selliug, etc., by 
 postmaster 208 
 
 Using, seilir.g, etc., c l- 
 celed, 20 
 
 Postal cars: 
 
 Unlawfuly entering 193 
 
 Postal service (see also Mails) : 
 
 Definition of phrase 231 
 
 Employees of, not to be in- 
 terested in contracts for 
 carrying mails, etc 226 
 
 Employees of, to take oath 230 
 
 Wearing uniform of letter 
 
 carrier in 187 
 
 Postmasters : 
 
 Collecting unlawful post- 
 age 207 
 
 Detaining, Embezzling, etc. 
 mail matter 195 
 
 Detaining, Embezzling, 
 etc., newspapers 196 
 
 Failing to account for 
 
 postage, etc 209 
 
 Forging signature of ... . 218 
 Illegally approving bond, 
 
 etc 222 
 
 Issuing money order with- 
 out payment 210 
 
 Making false returns, etc. 206 
 Not to act as lottery agents 214 
 Unlawful selling, pledging, 
 etc., of postage stamps, 
 etc 208 
 
 Powers of attorney: Sec. 
 
 Altering, counterfeiting, 
 
 etc 29 
 
 Unlawfully taking or carry- 
 ing away, etc 40 
 
 President: 
 
 Power of, to pardon .... 327 
 Principals : 
 
 Definition of 332 
 
 Prisoners : 
 
 Allowing, tc escape 138 
 
 Rescuing, etc ( 141 
 
 { 143 
 Rescuing, at executions . . 142 
 Prize fights : 
 
 Prohibited 320 
 
 Prize property: 
 
 Fraudulently disposing of, 
 etc 38 
 
 Proposals : 
 
 Altering, counterfeiting, 
 etc 28 
 
 Having in possession al- 
 tered, etc., with intent 
 to defraud 28 
 
 Uttering or publishing al- 
 tered, etc 28 
 
 Public domains: 
 
 See Public lands. 
 
 Public lands: 
 
 Chipping, etc., timber on, 
 
 to obtain pitch, etc. ... 51 
 
 Cutting, etc., timber on. . . 49 
 Defacing, destroying, etc., 
 
 survey marks on 57 
 
 Destroying property on. . . 56 
 Failing to extinguish fires 
 
 started on 53 
 
 Grazing stock on, etc. ... 56 
 Hunting birds, etc., on pre- 
 serves 84 
 
 Interfering with sales of. . 59 
 
 Preventing surveys of. ... 58 
 
 Setting fire to timber on. . 52 
 
 Public moneys: 
 
 Banker, etc., unlawfully 
 receiving, using, etc. ... 96 
 
 Conversion, etc., of by cus- 
 todians 89 
 
 Conversion, etc., of, by dis- 
 bursing officers 87 
 
 Conversion of; what con- 
 stitutes 95 
 
 Embezzlement of, by in- 
 ternal revenue officers. . 97 
 
 Failure of officers, etc., to 
 render accounts of 90 
 
 Failure to make deposit of. 91 
 
 Failure to safely keep by 
 Treasurer, etc 88
 
 Index. 
 
 921 
 
 Public Money — Continued. Sec. 
 
 Proceedings to prove em- 
 bezzlement of 93 
 
 Refusing to pay draft, etc., 
 of accounting officer for. 94 
 Public property: 
 
 Embezzlement of 47 
 
 Officers trading in 103 
 
 Receiving, etc., embezzled. 48 
 Public records: 
 
 Altering, counterfeiting, 
 etc 28 
 
 Destroying, concealing, etc., 
 128 
 
 Destroying, concealing, etc., 
 by custodian 129 
 
 Having in possession al- 
 tered, etc., with intent 
 to defraud 28 
 
 Uttering or publishing al- 
 tered, etc 28 
 
 Publications : 
 
 Aiding in trading, etc., in 
 obscene, etc 102 
 
 Circulation of obscene, in 
 Territories 312 
 
 Libelous, indecent, etc., 
 matter on envelopes, 
 wrappers, etc., nonmail- 
 able 212 
 
 Obscene, etc., nonmailable. 211 
 
 Shipment of obscene, etc., 
 in foreign and interstate 
 
 commerce 245 
 
 "Pugilistic encounters : " 
 
 Definition of phrase 321 
 
 Rape: 
 
 Assault with intent to com- 
 mit 276 
 
 Body of executed offender 
 may be delivered to sur- 
 geon for dissection 331 
 
 By Indians, upon an In- 
 dian 328 
 
 Punishment for 278 
 
 Verdict for crime of, may 
 
 be qualified 330 
 
 Rebellion : 
 
 Inciting, against United 
 States 4 
 
 Receipts: 
 
 Altering, counterfeiting, 
 etc 29 
 
 Having in possession al- 
 tered, etc., with intent 
 to defraud 29 
 
 Uttering or publishing al- 
 tered, etc 29 
 
 Revenue officers: 
 
 Admitting goods to entry 
 at less than lej;al duty. . 68 
 
 Revenue Officers — Continued. Sec. 
 
 Bribery of 67 
 
 Falsely representing to be 66 
 Rescuing, etc., property 
 
 detained by 71 
 
 Rights : 
 
 Accrued — 
 
 Not affected by repeals 
 
 342 
 
 Robbery : 
 
 Accessories to 334 
 
 Assault with intent to com- 
 mit 276 
 
 By crew of piratical vessels 302 
 Of personal property of 
 
 United States 46 
 
 Punishment for 284 
 
 Of trains, etc., in Terri- 
 tories 322 
 
 Seamen : 
 
 Aiding or enticing to de- 
 sert 42 
 
 Harboring or concealing 
 
 deserted 42 
 
 Recruiting, to serve against 
 
 United States 7 
 
 Searches : 
 
 Assaulting, etc., person 
 
 authorized to make .... 65 
 Authority to make, to find 
 counterfeit coins, etc. . . 173 
 
 Securities : 
 
 Circulating, of expired cor- 
 porations 174 
 
 Connecting different parts 
 of 162 
 
 Counterfeited, to be for- 
 feited 172 
 
 Counterfeiting, of foreign 
 governments 156 
 
 Dealing in counterfeited, 
 altered, etc 154 
 
 Forging, altering, etc 148 
 
 Having in possession 
 counterfeited, or foreign 
 governments 1 60 
 
 Having unlawful posses- 
 sion of plates for print- 
 ing, of foreign govern- 
 ments 161 
 
 Having unlawful posses- 
 sion of tools for printing, 
 etc 153 
 
 Imitating, printing, adver- 
 tisements on, etc 177 
 
 Making, etc., any print, 
 etc., in similitude of ... 150 
 
 Making, selling, using, etc., 
 plates to print without 
 authority 150 
 
 Passing, etc., counterfeited,
 
 922 
 
 Index. 
 
 Securities — Continued. Sec. 
 
 of foreign governments, 157 
 Passing, publishing, sell- 
 ing, etc., counterfeited. 151 
 Secreting, etc., tools and 
 
 materials for printing . . 155 
 Taking impressions of 
 tools, etc., used in print- 
 ing, stamping, etc 152 
 
 Using mails to distribute 
 
 counterfeited 215 
 
 Seizures: 
 
 Assaulting, etc., person 
 authorized to make .... 65 
 Shanghaiing {see also Vessels) : 
 
 What constitutes 82 
 
 See Slaves. 
 Slaves : 
 
 Bringing, into United 
 
 States 248 
 
 Confining or detaining, on 
 
 board vessel 246 
 
 Disposal of, found on board 
 
 vessels 262 
 
 Equipping vessels to trade ( 249 
 
 in ) 254 
 
 Receiving, on board ves- j 253 
 
 sels { 257 
 
 Seizing, on foreign shore.. 247 
 Seizure of vessels trading 
 
 in 260 
 
 Serving on vessels trading 
 
 in 252 
 
 Transporting, etc 250 
 
 Vessels hovering on coast J 251 
 
 with, on board \ 258 
 
 Soldiers : 
 
 Aiding or enticing to desert 42 
 Harboring or concealing 
 
 deserted 42 
 
 Recruiting to serve against 
 
 United States 7 
 
 South Dakota : 
 
 Crimes committed on In- 
 dian reservations in ... . 329 
 States : 
 
 Laws of, adopted for pun- 
 ishing wrongful acts, etc. 289 
 Steamboats : 
 
 Inspector of, receiving il- 
 legal fees 107 
 
 Stocks : 
 
 Public- 
 Attempting to have 
 
 transferred, falsely . . 33 
 Falsely personating hold- 
 er of 33 
 
 Obtaining dividends from, 
 by false representa- 
 tions 34 
 
 Telegraph : g ee 
 
 Destroying or interfering 
 
 with GO 
 
 Telephone: 
 
 See Telegraph. 
 Territories: 
 
 Circulation of obscene 
 
 books, etc., in 312 
 
 Conspiracy to induce offi- 
 cer of United States to 
 
 leave 21 
 
 Punishment of Indians for 
 
 crimes in 328 
 
 Traffic in, in articles to 
 produce abortion, etc. .. 312 
 Timber : 
 
 Chipping, etc., on public 
 lands, to obtain pitch, 
 
 etc 51 
 
 Cutting, etc., on public 
 
 lands 49 
 
 Cutting, etc., on reserva- 
 tions 50 
 
 Setting fire to, on public 
 
 lands 52 
 
 Treason : 
 
 Definition of 1 
 
 Misprison of 3 
 
 Punishment for 2 
 
 Turpentine : 
 
 Chipping, etc., trees on 
 public lands to obtain.. 51 
 Vessels : 
 
 Apprehension of officers of, 
 
 engaged in slave trade. 263 
 Arm«)d — 
 
 Engaging in hostilities 
 
 against friendly power 16 
 Instructions to, in re- 
 lation to slave trade 267 
 Arming, to cruise against 
 
 United States 303 
 
 Attacking, with intent to 
 
 plunder 298 
 
 Breaking and entering, etc. 299 
 Confining o r detaining 
 
 slaves on board of 246 
 
 Conspiracy to cast away . . 296 
 Currupting master of .... 307 
 Counterfeiting registry or 
 
 enrollment of 72 
 
 Detaining persons to serve 
 
 on 82 
 
 Detention of, having war- 
 like cargo 17 
 
 Disposal of persons held as 
 slaves on 262 
 
 Equipping, to trade in £ 249 
 
 slaves | 254 
 
 Foreign — 
 
 Augmenting force of... 12
 
 Index. 
 
 923 
 
 Vessels, foreign — Continued Sec. 
 To deliver mails to post- 
 office 203 
 
 Enlisting to serve on... 10 
 Enlistment of transient 
 aliens on armed, in 
 time of peace, not for- 
 bidden 18 
 
 Entry not allowed until 
 delivery of mail on 
 board to post-office . . 204 
 Fitting out and arming 11 
 Proceedings against, for 
 offenses against neu- C 14 
 
 trality 1 15 
 
 Forfeiture of, engaged in C 256 
 
 slave trade 1 259 
 
 Hovering on coast with j 251 
 slaves on board of . . . { 258 
 Inciting mutiny on board 
 
 of 292 
 
 Inducing, by threats, etc., 
 
 persons to serve on ... . 82 
 Laying violent hands on 
 
 commander of 294 
 
 Maltreatment of crew of, 
 
 by masters, etc 291 
 
 Master of, abandoning crew 
 
 on foreign shore 295 
 
 Master of, running away 
 
 with, etc 306 
 
 Master of, seducing female 280 
 Masters, owners, etc., of, 
 liable for loss of life, 
 etc., through negligence 282 
 Owner destroying at sea . . 300 
 Owners of, suspected of be- 
 ing engaged in slave 
 trade, to give bond .... 266 
 
 I Vessels, Passenger — Continued. Sec. 
 Passenger — 
 
 Not permitted to carry 
 explosives ; exception . 322 
 Plundering, in distress, etc. 297 
 Receiving, etc., persons to ( 253 
 
 make slaves of ( 257 
 
 Eemoval of persons held 
 
 as slaves on board of . . . 264 
 Robbery by crew of pirat- 
 ical 302 
 
 Seizure, of, engaged in ( 260 
 
 slave trade ( 261 
 
 Serving on, engaged in 
 
 slave trade 252 
 
 Setting fire to, etc., at sea 301 
 Usurping command of, by 
 
 crew, etc 293 
 
 Uttering o r publishing 
 counterfeited, etc., reg- 
 istry, etc., of 72 
 
 "Vessels of the United States." 
 
 Phrase defined 310 
 
 Vice-consuls : 
 
 See under Consuls. 
 Weather forecasts: 
 
 Issuing or publishing coun- 
 terfeit 61 
 
 Whipping: 
 
 Punishment by, abolished 325 
 Witnesses : 
 
 Accepting bribe 134 
 
 Conspiracy to intimidate, 
 
 etc 136 
 
 Intimidating, corruption, 
 
 etc 135 
 
 Writs : 
 
 Altering, stealing, etc 127 
 
 Resisting service of 140
 
 Containing a reference to all laws of a general nature, permanent in 
 character, in force December 1, 1909, having penal provisions not 
 properly separable from the administrative provisions, not contained 
 in the Criminal Code, but embraced in the general revision of the* 
 Laws of the United States. 
 
 TITLE II . 
 
 THE CONGRESS. 
 
 Chapter Six. — The Library of Congress. 
 Stealing or injuring books of Library of 
 
 Congress .19 June, 1878; 20 Stat, 171. 
 
 Chapter Seven. — Congressional investiga- 
 tions. 
 Witness refusing to testify in congres- 
 sional inquiry R. S., s. 102. 
 
 Chapter Eight. — Contested elections. 
 
 Witnesses refusing to testify in con- 
 tested-election case R. S., s. 116. 
 
 Failure to deliver up papers in contested- 
 election case R. S., s. 123. 
 
 TITLE VI. 
 
 
 THE DEPARTMENT OF THE TREASURY. 
 
 Chapter One. — The Department. 
 
 Officers in Treasury Department engag- 
 ing in trade, etc. R. S., s. 243. 
 
 Clerks in Treasury Department trading 
 in debts or funds of any State or 
 United States R. S., s. 244. 
 
 TITLE XII. 
 
 THE DEPARTMENT OF COMMERCE AND LABOR. 
 
 Chapter Six. — The Bureau of Statistics. 
 Person transporting commodities to 
 foreign countries failing to deliver 
 manifest to collector of customs 3 Mar., 1893; 27 Stat, 689. 
 
 TITLE XIV. 
 
 THE CIVIL SERVICE. 
 
 Chapter One. — Appointments, qualifications, 
 duties, and payments of clerks 
 and employees. 
 Officers and employees violating duties f 16 Jan., 1883, s. 7 ; 22 Stat., 
 concerning examination of applicants | 405.
 
 926 Appendix. 
 
 TITLE XV. 
 
 ESTIMATES AND APPROPRIATIONS. 
 
 Chapter Tzuo. — Appropriations. 
 
 Expenditures not to exceed appropria- 
 tions; voluntary service, etc., or em- 
 ployment of unauthorized personal S R. S. s. 3679. 
 service prohibited 1 27 Feb., 1906; 34 Stat., 49. 
 
 TITLE X VI . 
 
 THE JUDICIARY. 
 
 Chapter Three. — District courts; Removal of 
 causes. 
 Clerk of state court refusing to give { 3 Mar., 1875, s. 7 ; 18 Stat., 
 copy of record 1 72. 
 
 Chapter Four. — District court; Miscella- 
 neous provisions. 
 Receiver failing to properly manage f 13 Aug., 1888, s. 2 ; 25 Stat., 
 property _ 1 436. 
 
 Chapter Eleven. — District attorneys, mar- 
 shals, clerks, commissioners, 
 and stenographers. 
 Clerk of court refusing to make cer- 
 tificate 22 Feb., 1875, s. 6 ; 18 Stat.. 
 
 334. 
 
 Chapter Twelve. — Pay and allowances of 
 court officers, jurors and wit- 
 
 Marshal, attorney, or other officer ac- f 28 May, 1896, s. 18 ; 29 Stat., 
 cepting illegal fee 1 183. 
 
 Chapter Twenty. — Extradition. 
 
 Opposing, etc., agent of United States 
 appointed to receive from foreign 
 government person accused of crime 
 within jurisdiction of United States___R. S., s. 5277. 
 
 Resisting agent of State or Territory 
 appointed to receive person accused of 
 crime in another State or Territory R. S., s. 5279. 
 
 TITLE XVII. 
 
 THE ARMY. 
 
 Chapter Eleven. — Articles of war. 
 
 Civilian witness failing to obey sub- \ 2 Mar., 1901, s. 1 ; 31 Stat., 
 poena of court-martial 1 950. 
 
 TITLE XX . 
 
 THE NAVY. 
 
 Chapter Ten. — Articles for the government 
 of the navy. 
 Witness refusing to appear or to tes- f 16 Feb., 1909, s. 12 ; 35 Stat., 
 tify before court-martial or court of j 622. 
 inquiry of the navy [
 
 30 June, 1902, s. 2 ; 32 Stat, 
 547. 
 
 Appendix. 927 
 
 TITLE XXI. 
 
 DIPLOMATIC AND CONSULAR OFFICERS. 
 
 Chapter Two. — Consular officers. 
 
 Consular officer accepting appointment 
 from foreign country as administra- 
 tor and failing to give bond or ac- 
 count for moneys 
 
 Consular officer exacting excessive feesR. S., s. 1716. 
 
 Consular officer making false oath in ac- 
 counting for fees __ R. S., s. 1728 
 
 Consular officer neglecting duty toward 
 
 seamen ; corrupt conduct of R. S., s. 1736. 
 
 Consular officer making false certificate 
 of property R. S., s. 1737. 
 
 Chapter Three. — Provisions common to dip- 
 lomatic and consular officers. 
 Perjury before consular officer, or forg- 
 ing seal or signature of such officer_R. S., s. 1750. 
 
 Embezzlement by consular officer R. S., s. 1734. 
 
 21 Dec, 1898; 30 Stat. 771 
 
 TITLE XXII. 
 
 THE PUBLIC LANDS. 
 
 Chapter Three. — Registers and receivers. 
 
 Witness refusing to appear or testify f 31 Jan., 1903, s. 3 ; 32 Stat., 
 
 before register or receiver of land of- \ 790. 
 
 fice _ 
 
 Witness refusing to appear or testify ( 31 Jan., 1903, s. 4 ; 32 Stat., 
 
 before officer taking deposition \ 790. 
 
 Chapter Five. — Homesteads. 
 
 Making false affidavit before command- 
 ing officer by person in military or 
 naval service R. S., s. 2293. 
 
 Making false affidavit before United ( R. S., s. 2294. 
 
 States commissioner \ 4 Mar., 1904 ; 33 Stat., 59. 
 
 Officer demanding excessive fees for en- \ R. S., s. 2294. 
 
 tries and for final proof 1 4 Mar., 1904 ; 33 Stat., 59. 
 
 Chapter Six. — Mineral lands. 
 
 Citizens of certain States and Terri- 1 3 June, 1878, s. 3 ; 20 Stat., 
 tories cutting timber for other than \ 89. 
 specified purposes J 
 
 Chapter Eight. — Timber and stone lands. 
 
 Swearing falsely to application for tim- S 3 June, 1878, s. 2 ; 20 Stat., 
 
 ber or stone land 1 89. 
 
 Unlawfully cutting timber on public 
 
 land _ 3 June, 1878, s. 4; 20 Stat, 
 
 90. 
 
 Chapter Thirteen. — Nation forests. 
 
 Rules concerning the use and occupancy 
 of national forests, and penalties for 
 violation 4 June, 1897; 30 Stat, 35.
 
 92'8 Appendix. 
 
 Chapter Fifteen. — Unlawful inclosures. [ 25 Feb., 1885, s. 4 ; 23 Stat., 
 
 Inclosing public lands without title ; ob- ] 322. 
 
 structing settlement of or transit over 10 Mar. 1908, s. 1 ; 35 Stat., 
 
 40. 
 
 Chapter Nineteen. — Public lands in Okla- 
 homa. 
 
 Fraudulently settling on public lands 2 May, 1890, s. 24; 26 Stat., 
 
 92. 
 
 Chapter Tzventy. — Public Lands in Alaska. 
 
 Collecting toll unlawfully in Alaska 11 May, 1898, s. 6; 30 Stat., 
 
 410. 
 
 TITLE XXIII. 
 
 DUTIES UPON IMPORTS. 
 
 Importing neat cattle and hides, etc. 5 Aug., 1909, ss. 12, 13 ; 36 
 
 Stat, 86. 
 Falsely marking or removing or altering 
 
 marks or brands, on imported articles 
 
 or packages 5 Aug., 1909, s. 8 ; 36 Stat., 86. 
 
 TITLE XXIV. 
 
 COLLECTION OF DUTIES. 
 
 Chapter Two. — Qualifications, pay, and du- 
 ties of officers. 
 Officer failing to keep table of fees post- 
 ed up R. S. ( s. 2635. 
 
 Bribery of customs officer or employee__5 Aug., 1909, s. 28; 36 Stat, 
 
 103. 
 
 Officer demanding or receiving greater f R. S., s. 2336. 
 
 fee, etc., than allowed by law j 5 Aug., 1909, s. 28 36 ; Stat., 
 
 I 10 3. 
 Inspector, weigher, gauger, or measurer 
 
 receiving fee, etc., other than allowed 
 
 by law _ , __R. S., s. 2637. 
 
 False certification of shipment by in- 
 spector or other officer R. S., s. 2637. 
 
 Customs officers owning vessels or en- 
 gaging in importation R. S., s. 2638. 
 
 Customs officers failing to render ac- f R. S., s. 2639. 
 
 counts of expenditures j 31 July, 1894, s. 19 ; 28 Stat, 
 
 [ 210. 
 
 Customs officers failing to keep and 
 render accounts and records of trans- 
 actions R. S., s. 2640. 
 
 Chapter Three. — Revenue-Cutter Service. 
 Carrying or hoisting pennant or ensign 
 of revenue service by vessel not in 
 service; master liable R. S., s. 2764.
 
 Appendix. 929 
 
 Chapter Four. — Entry of Merchandise. 
 
 Vessel bound for port of delivery fail- 
 ing to pay duties, etc., at port of en- 
 try; master liable __R. S., s. 2772. 
 
 Vessel departing from port of arrival 
 before making report of entry; mas- 
 ter liable , R. S., S. 2773. 
 
 Master failing to make report of arrival 
 
 of vessel at port R. S., s. 2774. 
 
 Master of vessel failing to make special 
 
 report of spirits and wines R. S., s. 2775. 
 
 Master neglecting to obtain copy of re- 
 port from collector R. S., s. 2784. 
 
 f R. S., s. 2797. 
 Vessel having more sea stores than in -{ 3 Mar., 1897, s. 17; 29 Stat, 
 
 entry; master liable [ 691. 
 
 Concealing dutiable articles in baggage R. S., s. 2802. 
 
 Master failing to have correct manifest — R. S., s. 2809. 
 Master failing to produce manifest upon 
 
 demand of proper officer R. S., s. 2814. 
 
 Customs officer failing to certify on back 
 
 of manifest the production thereof____R. S., s. 2814. 
 Master of vessel failing to mail copy of 1 
 
 manifest to Auditor for Treasury De- \- 2 Mar., 1895, s. 9 ; 28 Stat., 
 
 partment j 808. 
 
 Master failing to deliver duplicate mani- "j R S., s. 2802. 
 
 fests of merchandise for Mississippi [ 16 June, 1880 ; 21 Stat., 283. 
 
 River, etc., ports J 
 
 Master failing to deliver manifests for] R. S., s. 2822. 
 
 merchandise for Mississippi River, ]■ 16 June, 1880 ; 21 Stat., 283. 
 
 etc., ports on arrival at port of entry J 
 
 Master failing to deliver duplicate 
 
 manifests of merchandise for ports in 
 
 district of New Orleans R. S., s. 2823. 
 
 Master failing to deliver manifests of 
 merchandise for ports in district of 
 New Orleans on arrival at port of 
 
 entry — R. S., s. 2823. 
 
 Master failing to deliver duplicate mani- 
 fests on departure from port of entry — R- S., s. 2828. 
 Master failing to deliver manifests to 
 
 surveyor of port on arrival --R. S., s. 2829. 
 
 Vessel bound for Natchez and Vicksburg 
 
 violating revenue laws — R- S., s. 2832. 
 
 Master failing to deposit manifest --R- S., s. 2834. 
 
 22 June, 1874, s. 2; 18 Stat., 
 
 186. 
 3 Mar., 1897, s. 15; 29 Stat., 
 691. 
 
 Master refusing to receive inspector R. S., s. 2834. 
 
 22 June, 1874, s. 2; 18 Stat., 
 
 186. 
 3 Mar., 1907, s. 15; 29 Stat, 
 691. 
 
 Making false statement in declaration 5 Aug., 1909, s. 28; 36 Stat., 
 
 95. 
 59
 
 930 Appendix. 
 
 Chapter Four — Entry of Merchandise — Con 
 
 [ R. S., s. 2864. 
 Making false entry of imported merchan- \ 5 Aug., 1909, s. 28 ; 36 Stat., 
 dise I 97. 
 
 Smuggling merchandise . R. S., s. 2865. 
 
 Making or uttering false or forged in- 
 voice R- S., s. 2865. 
 
 Chapter Five. — Unlading. 
 
 Unlading without permit R- S., s. 2867. 
 
 Transferring unlawfully from one ves- 
 sel to another R- S., s. 2868. 
 
 Unloading of merchandise at unlawful 
 
 hours R- S., s. 2873. 
 
 Inspector neglecting duties __R. S., s. 2877. 
 
 Landing of wines or spirits without in- 
 dorsement or permit R. S., s. 2883. 
 
 Obliterating, etc., inspection marks, etc.__R. S., s. 2886. 
 
 Sealing, etc., empty cask, etc., before ob- 
 literation of inspection marks R. S., s. 2886. . 
 
 Merchandise missing or omitted from 
 
 manifest R. S., s. 2887. 
 
 Chapter Six. — Appraisal. 
 
 Refusing to testify or swearing falsely f 5 Aug., 1909, s. 28 ; 36 Stat., 
 before appraiser | 100. 
 
 Chapter Seven. — The bond and zvarehouse 
 system. 
 
 f 1 Mar., 1879, s. 12 ; 20 Stat., 
 
 Failing to remove or destroy, etc., stamps I 342. 
 
 on packages or casks that had contain- \ 28 May, 1880, s. 12 ; 21 Stat., 
 
 ed imported liquors I 148. 
 
 f 1 Mar., 1879, s. 13; 20 Stat., 
 
 Selling or having in possession empty j 343. 
 
 cask or package with undestroyed i 28 May, 1880, s. 13 ; 21 Stat., 
 stamp affixed [ 148. 
 
 Altering, defacing, or obliterating mark 
 of revenue officer on package of ware- 
 housed merchandise R. S., s. 2985. 
 
 Unlawfully opening warehouse __R. S., s. 2986. 
 
 Fraudulently removing or concealing 
 
 warehoused merchandise R. S., s. 2987. 
 
 Failure to transport and deliver mer- 
 chandise from port in one collection 
 district to port in another district — __R. S., s. 3001. 
 
 Relanding merchandise exported to 
 Mexico or to British North America 
 provinces ___R. S., s. 3008. 
 
 Chapter Eight. — Immediate transportation in 
 bond to inland ports. 
 Opening, breaking, etc., any car, vessel, 
 etc., containing merchandise delivered 
 
 for transportation R. S., s. 2998. 
 
 Knowingly receiving merchandise un- 
 lawfully removed from car, vessel, etc.__R. S., s. 2998.
 
 Appendix. 931 
 
 Chapter Ten. — Drawback. 
 
 Relanding goods entered for drawback— ( R. S., s. 3049. 
 
 ( 24 July, 1897 ; 30 Stat., 195. 
 Making false entry for benefit of draw- 
 back R. S., s. 3050. 
 
 Chapter Eleven. — Enforcement of customs 
 laws. 
 
 Person in charge of beast or vehicle re- 
 fusing to allow search __R. S., s. 3062. 
 
 Master obstructing or hindering officer 
 
 from boarding vessel R. S., s. 3068. 
 
 Articles separate from cargo missing, or 
 seals broken on arrival at port of en- 
 try; master liable R. S., s. 3069. 
 
 Unlawfully breaking locks and fasten- 
 ings - R. S., s. 3070. 
 
 Refusing to assist officer in making 
 
 search -R. S., s. 3071. 
 
 Importing merchandise contrary to law_--R. S., s. 3081. 
 
 Knowingly buying, selling, receiving, etc., 
 
 merchandise imported contrary to law — R. S., s. 3081. 
 
 Officer receiving part of informer's fee, (22 June, 1874, s. 7; 18 Stat, 
 
 except in smuggling cases ] 187. 
 
 f 22 June, 1874, s. 19; 18 Stat. 
 
 Officer offering to compromise claims •{ 190. 
 for fines, etc. [22 Jan., 1875; 18 Stat, 303. 
 
 Chapter Twelve. — Commerce with contiguous 
 countries. 
 
 Master or other person failing to de- 
 liver manifests of goods from con- 
 tiguous territory R. S., s. 3099. 
 
 Owner, master, etc., of vessel failing to 
 proceed to places of destination named 
 in manifest R. S., s. 3104. 
 
 Unauthorized person breaking, etc., seal- 
 ed packages, etc. R. S., s. 3105. 
 
 Receiving or depositing unlawfully im- 
 ported merchandise in building on 
 boundary line R. S., s. 3108. 
 
 Shipping sea stores in excess of amount 
 necessary R. S., s. 3112. 
 
 Owner failing to report saloon stores R. S., s. 3113. 
 
 Unlading merchandise taken from one 
 port in United States to another in 
 other than specified hours R. S., s. 3120. 
 
 Masters of vessels engaged in foreign 
 and domestic trade on northern, etc, 
 frontiers, etc., failing to observe rules 
 in R. S., ss. 3116 to 3124, inclusive R. S., s. 3125. 
 
 Registered vessels touching at foreign 
 ports failing to observe laws concern- 
 ing manifests and report and entry of 
 vessels R. S., s. 3126. 
 
 Master of vessel failing to observe cer- 
 tain rules of Secretary of Treasury 
 concerning entry of vessels laden with 
 products of British North America 
 provinces R. S., s. 3129.
 
 932 Appendix. 
 
 TITLE XXV. 
 
 INTERNAL REVENUE. 
 
 Chapter One. — Officers. 
 
 Internal-revenue officers making false 
 statement or failing to render state- 
 ment of fees R- S., s. 3158. 
 
 fR. S., s. 3167. 
 
 Internal-revenue officers disclosing op- \ 28 Aug., 1894, s. 34 ; 23 Stat., 
 erations of manufacturers, etc. [ 557 - 
 
 Internal-revenue officers or agents be- 
 coming interested in certain manu- f R. S., s. 3168. 
 factures i 1 Mar., 1879, s. 2; 20 Stat, 
 
 Certain offenses of internal-revenue [ 329. 
 
 officers: , 
 
 fR. S., s. 3168. 
 
 Being guilty of extortion, etc., under \ 1 Mar., 1879, s. 2 ; 20 Stat., 
 
 color of law l 329. 
 
 Demanding or receiving other or I R. S., s. 3168. 
 greater fees than those allowed by •{ 1 Mar., 1879, s. r ; 20 Stat., 
 
 law I 329. 
 
 fR. S., s. 3168. 
 Neglecting to perform duties en- -j 1 Mar., 1879, s. 2 ; 20 Stat., 
 
 joined by law I 329. 
 
 I R. S., s. 3168. 
 Conspiring of colluding to defraud •{ 1 Mar., 1879, s. 2 ; 20 Stat., 
 
 the United States [ 329. 
 
 fR. S., s. 3168. 
 Making opportunity for person to -J 1 Mar., 1879, s. 2 ; 20 Stat., 
 
 defraud the United States j 329. 
 
 fR. S., s. 3168. 
 Enabling other person to defraud -{ 1 Mar., 1879, s. 2 ; 20 Stat., 
 
 the United States [ 329. 
 
 Permitting violation of law R. S., s. 3168. 
 
 1 Mar., 1879, s. 2; 20 Stat, 
 329. 
 f R. S., s. 3168. 
 Making false entry or signing false ^ i Mar., 1879, s. 2 ; 20 Stat, 
 
 certificate I 329. 
 
 y [ R. S., S. 3168. 
 
 Failing to report knowledge of vio- -j l Mar., 1879, s. 2; 20 Stat., 
 
 ~^ lation of revenue laws [ 329. 
 
 Collectors issuing stamps before collec- 
 tion of tax __1 Mar., 1879, s. 1 ; 20 Stat, 
 
 327. 
 District attorney demanding or accept- 
 ing anything for compromise of vio- 
 lation of internal-revenue laws R. S., s. 3170. 
 
 Chapter Two. — Assessments and collections. 
 
 Owner of premises refusing to admit f R. S., s. 3177. 
 
 revenue officers or interfering with j 1 Mar., 1879, s. 2 ; 20 Stat., 
 
 same [ 329. 
 
 Making false return to collector R. S., s. 3179.
 
 Appendix. 933 
 
 Chapter Three. — Special taxes. 
 
 Failing to display special-tax stamp in 
 place of business 
 
 Carrying on business as rectifier, liquor 
 dealer, etc., without payment of spec- 
 ial tax 
 
 6 June, 1896, s. 4; 29 Stat., 
 
 R. S., s. 3239. 
 
 1 Oct., 1890, s. 26; 26 Stat, 
 618. 
 'R. S., ss. 3242, 3281. 
 8 Feb., 1875, s. 16; 18 Stat., 
 
 310. 
 13 June, 1898, s. 36; 30 Stat., 
 467. 
 Manufacturing oleomargarine without \ 2 Aug., 1886, s. 4 ; 24 Stat., 
 
 payment of special tax } 209. 
 
 Manufacturing filled cheese without 
 
 payment of special tax ) 254. 
 
 Manufacturing adulterated or renovated ( 9 May, 1902, s. 4 ; 32 Stat., 
 
 butter without payment of special tax. \ 195. 
 Officer collecting special tax for recti- 
 fying, etc., on premises less than 600 
 feet from distillery R. S., s. 3244. 
 
 Chapter Four. — Distilled spirits. 
 
 Adding substances to distilled spirits to 
 
 create fictitious proof R. S., s. 3252. 
 
 Evading tax on distilled spirits R S., s. 3256. 
 
 Distiller defrauding or attempting to de- 
 fraud United States of tax — R- S., s. 3257. 
 
 Failing to register stills — R- S., s. 3258. 
 
 Failing to give notice of intention to 
 carry on business of rectifier or dis- 
 tiller — R. S., s. 3259. 
 
 Distiller failing to give bond — R. S., s. 3260. 
 
 28 May, 1880, s. 1 ; 21 Stat, 
 145. 
 
 Collector approving bond before regul- 
 ations are complied with — R- S., s. 3261. 
 
 Setting up still without permit — R- S-, s. 3265. 
 
 Distilling on certain prohibited premises--^- S., s. 3266. 
 Breaking, etc., locks to cistern room, etc.— — R- S., s. 3268. 
 
 Failing to keep pipes at distilleries paint- 
 ed as directed R. S., s. 3269. 
 
 Building fence exceeding 5 feet in height 
 around distillery; refusing to furnish 
 
 key to officer R. S.. s. 3275. 
 
 f R. S., s. 3276. 
 
 Obstructing revenue officer from enter- -j 1 Mar., 1879, s. 5 ; 20 Stat, 
 ing distillery [ 335. 
 
 Refusing to facilitate examination by in- ( R. S., s. 3277. 
 
 ternal-revenue officer j 1 Mar., 1879 ; 20 Stat., 329. 
 
 Signs to be put up by distillers, rules 
 concerning, and penalties for viola- 
 tion — R. S., s. 3279. 
 
 Carrying grain, etc., to distillery where 
 
 there is no sign R. S., s. 3279. 
 
 f R. S., s. 3282. 
 
 Failing to give bond for carrying on dis- j 1 Mar., 1879, s. 5 ; 20 Stat., 
 tillery [ 335. 
 
 Making and selling mash, wort, etc., at 
 
 unauthorized distillery R. S., s. 3283. 
 
 Manufacture of vinegar, regulations con- 
 cerning and penalties for violation R. S., s. 3283.
 
 560. 
 
 28 Aug., 1894, s. 59 ; 28 Stat, 
 566. 
 
 R. S., s. 3297. 
 
 3 May, 1878; 20 Stat, 48. 
 
 934 Appendix. 
 
 Chapter Four — Distilled Spirits — Continued. 
 
 Using still in forbidden hours R. S., s. 3284. 
 
 Using material, etc., and removing spirits 
 
 in absence of storekeeper — R. S., s. 3284. 
 
 I" R. S., s. 3286. 
 
 Distiller refusing to draw off water and \ 1 Mar., 1879, s. 5 ; 20 Stat., 
 clean worm tubs [ 335. 
 
 Gauger employing distiller, etc., to use 
 
 brands or perform his duties — R. S., s. 3290. 
 
 Gauger making false inspection, etc. — --R. S., s. 3292. 
 
 Removing or concealing spirits contrary 
 
 to law -R. S., s. 3296. 
 
 Transfer of spirits, etc., from one ware- 1 3 Mar., 1877, s. 7 ; 19 Stat, 
 house to another ; rules concerning, r 394. 
 and penalties for violation J 
 
 Removal of fruit brandy to special ware- f 3 Mar., 1877, s. 11 ; 19 Stat, 
 house ; rules concerning and penalties \ 395. 18 Oct., 1888 ; 25 Stat, 
 for violation 
 
 Removal of distilled spirits from dis- 
 tillery warehouse to general bonded 
 warehouse ; rules concerning, and pen- 
 alties for violation 
 
 Officers of scientific institutions using 
 alcohol withdrawn for scientific pur- 
 poses for other purposes 
 
 Removal of distilled spirits from dis- 
 tillery warehouse to sorghum fac- 
 tories ; rules concerning, and penalties 
 for violation -3 Mar., 1891; 26 Stat, 1050. 
 
 Reusing stamps or bottles and other vio- S 3 Mar., 1897, s. 6 ; 29 Stat., 
 lations of law concerning same 1 627. 
 
 Forging or counterfeiting stamps --3 Mar., 1897, s. 7 ; 29 Stat., 
 
 627. 
 
 Storekeeper removing, etc., packages or 
 contents before being stamped or with- 
 out permission of collector R. S., s. 3300. 
 
 Making false entries in books of store- 
 keeper or distiller --R- S., s. 3305. 
 
 Issuing false weights — R- S., s. 3306. 
 
 Using unregistered materials --R- S., s. 3306. 
 
 fR. S., s. 3310. 
 
 Carrying on business of distiller after \ 28 May, 1880, s. 7 ; 21 Stat., 
 time fixed in notice of suspension [ 147. 
 
 Breaking, etc., any lock, seal, etc., to fur- 
 nace, still, etc. R. S., s. 3311. 
 
 Revenue officer using, etc., stamps con- 
 trary to law R. S., s. 3316. 
 
 f R. S., s. 3317. 
 
 Carrying on business of rectifier with in- \ 1 Mar., 1879, s. 5 ; 20 Stat., 
 tent, etc., to defraud the United States. [ 339. 
 
 Rules concerning the keeping of books by f R. S., s. 3318. 
 
 rectifiers and distillers, and penalties I 1 Mar., 1879, s. 5; 20 Stat., 
 for violation [ 339. 
 
 Purchasing more than twenty gallons of 
 distilled spirits from person other than 
 authorized rectifier R. S., s. 3319. 
 
 Rectifier or dealer refusing to make re- 
 turn of distilled spirits received and f R. S., s. 3323. 
 sent out {16 July, 1892; 27 Stat, 200.
 
 Appendix. i)35 
 
 Chapter Four. — Distilled Spirits. — Continued. 
 
 Failing to efface and destroy stamps, etc.-_R. S., s. 3324. 
 Transportation company carrying empty 
 
 casks with uneffaced stamps . R. S., s. 3324. 
 
 Buying or selling empty casks having in- 
 spection marks — R- S., s. 3325. 
 
 Changing stamps; shifting spirits — R- S., s. 3326. 
 
 Affixing imitation stamps on packages of S 8 Feb., 1875, s. 17; 18 Stat., 
 
 distilled spirits 1 311. 
 
 Removing distilled spirits during unlaw- 
 ful hours -R- S., s. 3327. 
 
 Counterfeiting, altering, or reusing 
 
 stamps on imitation wines — R. o., s. 3328. 
 
 Unlawfully using wine spirits, etc. -- 1 Oct., 1890, s. 44; 26 Stat., 
 
 622. 
 Using wine spirits which have not been tax- > ! Oct., 1890, s. 48; 26 Stat., 
 
 paid __1 623. 
 
 Fraudulently claiming drawback on dis- 
 tilled spirits — R S., s. 3330. 
 
 Relanding of distilled spirits --R- S., s. 3330. 
 
 Unlawful to use or sell alcohol with- 1 7 June, 1906, s. 2; 34 Stat., 
 drawn for denaturing, for purposes r 217. 
 other than arts and industries J 
 
 Chapter Five. — Fermented Liquors. 
 
 Owner, etc., of brewery evading tax, etc.__R. S., s. 3340. 
 
 Books of brewer ; regulations concerning, 
 
 and penalties for violation R. S., s. 3340. 
 
 Brewer failing to affix and cancel stamps 
 
 on packages containing fermented liq- \ R. S.. s. 3342. 
 
 uor }3 Mar., 1875; 18 Stat., 484. 
 
 Affixing fraudulent stamp ( R. S., s. 3342. 
 
 { 3 Mar., 1875 ; 18 Stat., 484. 
 
 Selling, removing, etc., fermented liquors 
 in packages without stamp, or with 
 false stamp, or with twice-used stamp R. S., s. 3343. 
 
 Withdrawing fermented liquor from 
 package without destroying or defac- 
 ing stamp R. S., s. 3344. 
 
 Removing lager beer from depot or 
 
 warehouse without affixing stamp R. S., s. 3345. 
 
 f R. S., s. 3346. 
 
 Making, using, etc., false stamp, die, or \ l Mar., 1879, s. 5 ; 20 Stat., 
 
 permit ( 340. 
 
 f R. S., s. 3346. 
 
 Using stamp fraudulently \ l Mar., 1879, s. 5 ; 20 Stat., 
 
 I 340. 
 Removing name of manufacturer on 
 
 package __R. S., s. 3349. 
 
 Person other than owner removing 
 
 stamp on package of fermented liquor — R. S., s. 3353. 
 Withdrawing fermented liquor from un- ] R. S., s. 3354. 
 
 stamped package for bottling, or un- [ 18 June, 1896 ; 26 Stat., 161. 
 
 lawfully bottling on brewery premises J 
 
 Chapter Six. — Tobacco, snuff, and opium. 
 
 fR. S., s 3355. 
 Tobacco manufacturer failing to procure { 1 Mar. 1879, s. 14; 20 Stat, 
 or post certificate [ 344.
 
 936 
 
 Appendix. 
 
 Chapter Six. — Tobacco, snuff, and opium — Continued. 
 
 f R. S., s. 
 Tobacco or snuff manufacturer failing \ 1 Mar., 
 
 to give bond [ 344. 
 
 Manufacturer failing to put up sign R. S., s. 
 
 Manufacturer failing to give annual in- 
 ventory — R. S., s. 
 
 f R. S., s. 
 
 Books of dealers in leaf tobacco; rules 
 
 concerning, and penalties for violation 
 
 Selling or offering for sale tobacco not 
 
 s. 
 
 put up in packages and stamped 
 
 r 
 
 R. S., s. 3370. 
 
 S., s. 3372. 
 
 S., 
 
 s. 
 
 Oct., 
 619 
 
 Purchasing tobacco or snuff not branded 
 or stamped R. S., 
 
 Manufacturing tobacco on shares, or by 
 one person for another; rules con- 
 cerning, and penalties for violation __ 
 
 Tobacco and snuff; rules governing the 
 removal and sale of, and penalties for 
 violation R. 
 
 Removing tobacco from manufactory or 
 offering for sale, etc., without stamp ___R. 
 
 Affixing false stamp, etc. __R. 
 
 Failing to destroy stamps on empty 
 packages R. 
 
 Selling packages of tobacco or snuff 
 having fraudulent stamp affixed R. 
 
 Importers of cigars and tobacco failing f R 
 to pay same tax as required of do- { 1 
 mestic manufacturers 
 
 Officer of customs permitting packages 
 of tobacco or snuff to pass from his 
 hands before the provisions of law 
 have been complied with 
 
 Failure of dealers in, manufacturers and S 5 Aug., 
 peddlers of, tobacco to register 
 
 Retail dealer in leaf tobacco refusing to 
 keep books, or to furnish information ; 
 or making false entry, or false state- 
 ment, etc. 
 
 ' R. S., s 
 1 Oct., 
 618. 
 f R. S., s 
 \ 1 Mar., 
 346. 
 
 Relanding tobacco, snuff, etc., shipped for \ R. S., s 
 exportation ] 8 Aug., 
 
 Rules concerning tax on opium manu- 1 1 Oct., 
 factured in United States, and who \ 621. 
 may engage in manufacture J 
 
 Rules governing the manufacture of 
 
 opium 1 Oct., 
 
 620. 
 
 Rules concerning stamps to be affixed to \ 1 Oct., 
 opium imported into United States 1 621. 
 
 3355. 
 
 
 
 
 1879; s. 
 
 14 
 
 20 Stat 
 
 3356. 
 
 
 
 
 3358. 
 
 
 
 
 . 3360. 
 
 
 
 
 1879, s. 
 
 14; 
 
 20 
 
 Stat 
 
 . 3363. 
 
 
 
 
 1890, s. 
 
 31; 
 
 26 
 
 Stat 
 
 S. 3366. 
 
 3374. 
 3375. 
 
 S., S. 3376. 
 
 S., s 
 
 S., s 
 
 Mar., 
 
 346. 
 
 R. S., s 
 
 1 Mar., 
 
 346. 
 
 111. 
 
 Aug., 
 111. 
 
 3376. 
 
 3377. 
 
 1879, s. 14; 20 
 
 3377. 
 1879, s. 14; 20 
 
 Peddlers of tobacco failing to obtain and 
 exhibit certificate 
 
 Peddling tobacco unlawfully 
 
 Stat.. 
 
 Stat. 
 
 1909, s. 35; 36 Stat. 
 1909, s. 35; 36 Stat. 
 
 . 3383. 
 
 1890, s. 29; 26 Stat. 
 
 . 3384. 
 1879, s. 15; 20 Stat. 
 
 . 3385. 
 
 1882; 22 Stat., 372. 
 
 1890, s. 36; 26 Stat. 
 
 1890, s. 37; 26 Stat. 
 1890, s. 38; 26 Stat.
 
 Appendix. 937 
 
 Chapter Seven. — Cigars. 
 
 f R. S., s. 3387. 
 
 Manufacturing cigars without giving \ 1 Oct., 1890, s. 35 ; 26 Stat., 
 bond [ 620. 
 
 Cigar manufacturer failing to display 
 
 sign R. S., s. 3388. 
 
 Annual inventory; rules governing, and 
 
 penalties for violation R. S., s. 3390. 
 
 fR. S., s. 3392. 
 
 Cigars ; rules relating to packing, and \ 1 Oct., 1890, s. 32 ; 26 Stat., 
 
 penalties for violation I 619. 
 
 | R. S., s. 3393. 
 
 Manufacturer of cigars neglecting to -j 1 Mar., 1879, s. 16 ; 20 Stat., 
 affix label to box ( 348. 
 
 Packages of tobacco, snuff, cigars, and f R. S., s. 3394. 
 cigarettes not to contain lottery, etc., \ 5 Aug., 1909, s. 33 ; 36 Stat., 
 
 tickets [ 110. 
 
 | R. S., s. 3397. 
 
 Removing cigars from manufactory \ 1 Mar., 1879, s. 16 ; 20 Stat., 
 
 without properly packing { 348. 
 
 | R. S., s. 3397. 
 
 Using counterfeit stamp, or making -j 1 Mar., 1879, s. 16 ; 20 Stat., 
 fraudulent use of stamp I 348. 
 
 Cigars manufactured on shares, etc. ; 
 rules governing, and penalties for 
 violation R. S., s. 3399. 
 
 Forfeiture for selling cigars contrary to 
 law, or for false entry, or for affixing 
 forged stamp R. S., s. 3400. 
 
 Officer permitting imported cigars to 
 pass out of his hands without com- 
 pliance with law by the owner — R- S., s. 3402. 
 
 Selling imported cigars not packed ac- 
 cording to law R. S., s. 3403. 
 
 Purchasing, etc., cigars not branded or 
 
 stamped according to law --R- S., s. 3404. 
 
 Neglecting to destroy stamps on empty 
 boxes or disposing of boxes with un- 
 destroyed stamps R. S., s. 3406. 
 
 Chapter Eight. — Oleomargarine, adulterated 
 butter, and filled cheese. 
 Rules governing the packing and selling f 2 Aug., 1886, s. 6; 24 Stat, 
 
 of oleomargarine, and penalties for i 210. 
 
 violation 
 
 Manufacturer neglecting to affix label on f 2 Aug., 1886, s. 7 ; 24 Stat., 
 
 package containing oleomargarine } 210. 
 
 Officers of customs permitting packages 
 
 of oleomargarine to pass out of his 
 
 hands before owner's compliance with 
 
 stamp regulations, etc. 
 
 Removing, defacing, etc., stamps, etc., \ 2 Aug., 1886, s. 15 ; 24 Stat 
 
 on packages of oleomargarine } 212. 
 
 Manufacturer of oleomargarine attempt- 
 ing to defraud United States of tax ) 212. 
 
 Purchasing, etc., oleomargarine not \ 2 Aug., 1886, s. 11 ; 24 Stat., 
 
 branded, etc., according to law } 211. 
 
 Purchasing, etc., oleomargarine from 
 
 manufacturer who has not paid special }2 Aug., 1886, s. 12; 24 Stat., 
 
 tax J 211. 
 
 2 Aug., 1886, s. 10; 24 Stat, 
 211. 
 
 '2 Aug., 1886, s. 17; 24 Stat,
 
 938 
 
 Appendix. 
 
 Chapter Eight — Oleomargarine, adulterated 
 butter, and filled cheese — Continued. 
 
 Failing to destroy stamps on empty oleo- S 
 margarine packages } 
 
 Selling empty packages on which stamps S 
 are not destroyed } 
 
 Manufacturer of oleomargarine failing \ 
 to comply with laws 1 
 
 Selling adulterated butter in other than \ 
 original packages = 
 
 Manufacturer neglecting to affix specified 
 label on adulterated butter 
 
 Failing to label "Renovated" or "Pro- 
 cess" butter as such 
 
 Wholesale dealers in oleomargarine or 
 in adulterated or renovated butter 
 failing to keep books 
 
 Filled cheese; rules for packing and re- 
 tailing and penalties for violation 
 
 Dealers in filled cheese neglecting to dis- 
 play sign 
 
 Manufacturer of filled cheese neglecting 
 to affix label 
 
 Purchasing filled cheese not branded or 
 stamped 
 
 Purchasing filled cheese from manufac- 
 turer who has not paid special tax 
 
 Failing to destroy stamps on empty pack- 
 ages of filled cheese 
 
 Notices, inventories, books, to be kept by 
 manufacturers of oleomargarine, adul- 
 terated butter, and filled cheese ; rules 
 concerning.and penalties for violation _ 
 
 2 Aug., 1886, s. 13 ; 24 Stat., 
 
 211. 
 2 Aug., 1886, s. 13; 24 Stat., 
 
 211. 
 2 Aug., 1886, s. 12; 24 Stat, 
 
 212. 
 9 May, 1902, s. 4; 32 Stat, 
 
 195. 
 9 May, 1902, s. 4; 32 Stat, 
 
 195. 
 9 May, 1902, s. 5; 32 Stat, 
 
 197. 
 
 1 Oct, 1890, s. 41; 26 Stat, 
 621. 
 
 9 May, 1902, s. 6; 32 Stat, 
 
 197. 
 6 June, 1896, s. 6; 29 Stat., 
 
 254. 
 6 June, 1896, s. 7; 29 Stat, 
 \ 255. 
 6 June, 1896, s. 8; 29 Stat, 
 
 255. 
 6 June, 1896, s. 12 ; 29 Stat, 
 
 256. 
 . 6 June, 1896, s. 13 ; 29 Stat., 
 
 256. 
 6 June, 1896, s. 14; 29 Stat, 
 
 256. 
 
 2 Aug., 1886, s. 5; 24 Stat, 
 210. 
 
 6 June, 1896, s. 5; 29 Stat., 
 
 254. 
 9 May, 1902, s. 14; 32 Stat, 
 
 195. 
 
 Chapter Nine. — Mixed flour. 
 
 Neglecting to brand, etc., packages of f 
 
 mixed flour } 
 
 Mixed flour; rules governing the put-] 
 
 ting up and retailing of, and penalties 
 
 for violation 
 
 Manufacturer of mixed flour neglecting \ 
 
 to affix label and notice } 
 
 Mixed flour ; rules for packing in bar- j 
 
 rels, etc., and penalties for violation. ) 
 Purchasing, etc., mixed flour that has ( 
 
 not been branded, etc. ) 
 
 Purchasing mixed flour from maker, ( 
 
 etc., who has not paid special tax } 
 
 Exporter of mixed flour subject to j 
 
 same provisions as maker, etc. } 
 
 Penalty for second offense of violation \ 
 
 of laws concerning mixed flour } 
 
 Chapter Ten. — Banks and bankers. 
 
 Uanker neglecting to make monthly re- 
 turn 
 
 13 June, 
 
 467. 
 13 June, 
 
 468. 
 
 13 June, 
 
 468. 
 13 June, 
 
 468. 
 13 June, 
 
 469. 
 13 June, 
 
 469. 
 13 June, 
 
 469. 
 13 June, 
 
 470. 
 
 1898, s. 
 1898, s. 
 
 1898, s. 
 1898, s. 
 1898, s. 
 1898, s. 
 1898, s. 
 1898, s. 
 
 37; 30 Stat., 
 38; 30 Stat, 
 
 39 ; 30 Stat.. 
 40 ; 30 Stat., 
 42; 30 Stat. 
 43; 30 Stat, 
 44; 30 Stat, 
 48; 30 Stat, 
 
 R. S., s. 3415.
 
 Appendix. 939 
 
 Chapter Eleven. — Corporations. 
 
 Revenue officer, etc., divulging informa- ] 5 Aug., 1909, s. 38 ; 36 Stat, 
 tion obtained in discharge of duty in [• 11G. 
 collection of corporation tax J 
 
 Chapter Twelve. — Playing cards. 
 
 Tax stamps on playing cards ; rules gov- S 28 Aug. 1894, s. 39 ; 28 Stat, 
 
 erning and penalties for violation } 560. 
 
 Manufacturer of playing cards failing (28 Aug., 1894, s. 40; 28 Stat., 
 
 to register } 560. 
 
 Selling, etc., playing cards without affix- \ 28 Aug., 1894, s. 43 ; 28 Stat., 
 
 ing stamp ) 562. 
 
 Removing stamp from playing cards, or ) 28 Aug., 1894, s. 44 ; 28 Stat., 
 
 fraudulently using stamp } 562. 
 
 Selling, etc., or concealing, etc., play- f 28 Aug., 1894, s. 45 ; 28 Stat., 
 
 ing cards without stamps ) 562. 
 
 Manufacturing of playing cards failing ( 28 Aug., 1894, s. 46 ; 28 Stat., 
 
 to pay tax { 562. 
 
 Chapter Thirteen. — Provisions common to 
 several objects of taxation. 
 Distillers, etc., and manufacturers of to- 
 bacco, etc., failing to do things re- 
 quired, and doing things forbidden by 
 law __R. S., s. 3456. 
 
 f 24 July, 1897, s. 10; 30 Stat., 
 Inclosing lottery tickets, etc., in pack- 206. 
 
 ages of tobacco, etc. \ 1 J u l v , 1902, s. 2 ; 32 Stat., 
 
 Fraudulently claiming drawback __R §. s. 3443. 
 
 8 Feb., 1875, s. 25; 18 Stat., 
 
 312 
 Removing liquor or wines under other 
 
 than trade names r g s 3449 
 
 Removing, concealing, etc., articles with 
 
 intent to evade United States tax __ __R. S., s. 3450. 
 
 Fraudulently executing documents re- 
 quired by internal-revenue law __R. S., s. 3451. 
 
 Having property in possession with in- 
 tent to sell in fraud of law, or to 
 evade taxes _ R. S., s. 3452. 
 
 Selling, purchasing, etc., empty stamped 
 
 packages _ R. S., s. 3455. 
 
 Manufacturing boxes, barrels, etc., un- 
 lawfully stamped R. S., s. 3455. 
 
 Forging or counterfeiting stamps, dies, f R. S., s. 3429. 
 
 or plates ; using forged or counter- j 1 Mar., 1879, s. 17 ; 20 Stat., 
 
 f eited stamps, dies, or plates ; cutting, I 349. 
 
 tearing, etc., impression of stamp, die, -{ 28 Aug., 1894, s. 42 ; 28 Stat., 
 
 or plate, or fraudulently using same; I 561. 
 
 having stamps, dies, or plates in pos- | 13 June, 1898, s. 8 ; 30 Stat, 
 
 session unlawfully [ 452. 
 
 TITLE XXVIII. 
 
 NATIONAL BANKS. 
 
 Chapter One. — Organisation and pozvers. 
 Using word "National" as part of cor- 
 porate name without authority R. S., s. 5243.
 
 940 Appendix. 
 
 Chapter Tzvo. — Circulating notes. 
 
 Issuing circulating notes to unauthorized 
 
 association R. S., s. 5187. 
 
 Chapter Three. — Regulation of the banking 
 business. 
 Holding United States notes as collateral-.R. S., s. 5207. 
 
 Falsely certifying checks 12 July, 1882, s. 13; 22 Stat, 
 
 1G6. 
 
 Embezzlement, etc. R. S., s. 5209. 
 
 Failing to make report of dividends R. S., s. 5213. 
 
 Failing to make half-yearly return of 
 
 circulation R. S., s. 5215. 
 
 TITLE XXIX. 
 
 THE PUBLIC MONEYS. 
 
 Chapter One. — Custody. 
 
 Assistant treasurers accepting commis- 
 sions or other perquisites R. S., s. 3597. 
 
 Clerk acting as assistant treasurer sub- 
 ject to same penalties R. S., s. 3613. 
 
 Withholding moneys due the United 
 
 States R. S., s. 3619. 
 
 TITLE XXX. 
 
 THE PUBLIC DEBT. 
 
 Counterfeiting, etc., certificates of indebted- \ 13 June, 1898, s. 32 ; 30 Stat., 
 ness I 466. 
 
 TITLE XXXI. 
 
 DEBTS AND CLAIMS. 
 
 Chapter One. — Collection and payment. 
 
 Making false claim against Government — R. S., s. 3490. 
 
 TITLE XXXII. 
 
 PUBLIC CONTRACTS. 
 
 Officer making contract failing to make re- 
 turn thereof R. S., s. 3746. 
 
 Employees of United States having interest \ 22 June, 1874, s. 10; 18 Stat, 
 in Indian contracts, etc. 1 177. 
 
 TITLE XXXIV. 
 
 THE PUBLIC HEALTH AND MARINE-HOSPITAL SERVICE. 
 
 Chapter Tzvo. — Sanitation and quarantine. 
 
 Vessel from foreign port entering port S 15 Feb., 1893, s. 1 ; 27 Stat., 
 
 in violation of quarantine law ) 449. 
 
 Vessel from foreign port to secure bill \ 15 Feb., 1893, s. 2 ; 27 Stat., 
 of health before sailing ^ 450.
 
 Appendix. 941 
 
 Chapter Tivo. — Sanitation and quarantine — Continued. 
 
 19 June, 1906, s. 4 ; 34 Stat, 
 300. 
 
 19 June, 1906, s. i ; 34 Stat, 
 300. 
 
 Vessel or person entering within limits of 
 quarantine grounds or stations or de- 
 parting therefrom without permission _ 
 
 Owner or master of vessel violating rule 
 regulating inspection of vessels or 
 making false statement as to sanitary 
 conditions of vessel 
 
 Person trespassing on quarantine reser- 
 vation or vessel entering in violation 
 of quarantine 1 Aug., 1888; 25 Stat, 355. 
 
 Violating regulation for suppressing con- f 27 Mar.. 1890, s. 1 ; 26 Stat, 
 tagious diseases \ 31. 
 
 Quarantine officer or person employed in 1 27 Mar., 1890, s. 2 ; 26 Stat, 
 service violating regulation for pre- \ 31. 
 venting spread of contagious disease _ I 
 
 Common carrier or officer or agent there- ] 27 Mar., 1890, s. 3 ; 26 Stat., 
 of violating quarantine law or regu- \ 32. 
 lation J 
 
 TITLE XXXVII. 
 
 FOREIGN RELATIONS. 
 
 Violating safe-conduct or assaulting public 
 
 minister R. S., s. 4062. 
 
 Suing out writ or process, etc., against 
 
 public minister R. S., s. 4064. 
 
 Failing to appear or refusing to testify in 
 
 suit pending in foreign country R. S., s. 4073. 
 
 f R. S., s. 4078. 
 
 Issuing false passport, etc. \ 14 June, 1902, s. 3; 32 Stat., 
 
 [ 386. 
 Murder, and insurrection against certain 
 
 countries R. S., s. 4102. 
 
 TITLE XXXVIII. 
 
 INDIANS. 
 
 Chapter One. — Officers and agencies. 
 
 Indian agent making false entry in books, 
 
 or failing to keep books' etc. 3 Mar., 1909; 35 Stat., 784. 
 
 Employees in Indian affairs trading with 
 
 Indians R. S., s. 2078. 
 
 Chapter Two. — Performance of treaty ob- 
 ligations. 
 Receiving money from Indians under 
 prohibited contracts R. S., s. 2105. 
 
 Chapter Three. — Government and protection. 
 
 Sending seditious message to Indians R. S., s. 2111. 
 
 Carrying seditious message to Indians R. S., s. 2112. 
 
 Corresponding with foreign nations to 
 
 incite Indians to war R. S., s. 2113. 
 
 Attempting to negotiate treat., with In- 
 dians without authority R. S., s. 5394. 
 
 Driving stock to feed on Indian lands R. S., s. 2117. 
 
 Settling on or surveying Indian lands R. S., s. 2118.
 
 942 Appendix. 
 
 Chapter Four. — Government of Indian coun- 
 tries. 
 Purchasing cattle of Indian? without 
 
 consent of agent 4 July. 1884; 23 Stat., 94. 
 
 Residing in Indian Country as trader \ R. S., s. 2133. 
 
 without a license {31 July, 1882; 22 Stat, 179. 
 
 Foreigner going into Indian country 
 
 without passport R. S., s. 2134. 
 
 Purchasing certain prohibited articles 
 
 from Indians R- S., s. 2135. 
 
 Hunting on Indian lands R. S., s. 2137. 
 
 Removing cattle, etc., from Indian 
 
 country — R- S., s. 2138. 
 
 Selling intoxicating liquors to Indians __ __R. S. : s. 2139. 
 
 30 Jan., 1897; 29 Stat, 506 
 Operating a distillery in Indian country ___R. S., s. 2141. 
 Assaulting an Indian or other person __ __R. S., s. 2142. 
 
 Arson in Indian country -— __R. S., s. 2143. 
 
 Forgery and mail depredations in Indian 
 
 country R. S., s. 2144. 
 
 Returning to Indian country after re- 
 moval R- S., s. 2148. 
 
 TITLE XXXIX. 
 
 PATENTS. 
 Falsely marking, etc., articles as patented R. S., s. 4901. 
 
 TITLE XLI. 
 
 COPYRIGHTS. 
 
 Failure of proprietor of copyright to deposit] 4 Mar., 1909, s. 13; 35 Stat. 
 
 with Register of Copyrights copies of \ 1078. 
 
 copyrighted words J 
 
 Making false affidavit, etc., for purpose of J 4 Mar., 1909, s. 17 ; 35 Stat., 
 
 obtaining registration of copyright { 1079. 
 
 Willfully infringing copyright for profit _4 Mar., 1909, s. 28; 35 Stat, 
 
 1082. 
 Fraudulently giving notice of copyright upon ] 4 Mar., 1909, s. 29 ; 35 Stat. 
 
 uncopyrighted article, or knowingly issuing \ 1082. 
 
 or selling article bearing such false notice. J 
 
 TITLE X L I I . 
 
 PENSIONS. 
 
 Chapter One. — Wars prior to eighteen hun- 
 dred and sixtv-one. 
 Making false oath concerning Indian { 27 July, 1892. s. 3 ; 27 Stat.. 
 
 war pensions I 282. 
 
 Chapter Fire. — Applications and attorneys. 
 
 Making false affidavits, certificates, J R- S., s. 4746. 
 
 vouchers, etc. -_. I 7 July, 1898 > 30 Stat, 718. 
 
 f 27 June, 1890, s. 4; 26 Stat., 
 
 Attorney or agent charging unlawful fee | 183. 
 
 or withholding pension from pen- j 19 Apr., 1908, s. 3 ; 35 Stat., 
 sioner I 64.
 
 Appendix. 943 
 
 Chapter Five. — Applications and attorneys — ■Continued. 
 Agent or attorney charging unlawful fee 
 
 for securing increase of pension 3 Mar., 1891 ; 2G Stat., 1082. 
 
 Charging excessive fees in pension or - 
 bounty land cases 
 
 Receiving compensation for securing 
 legislation 
 
 R. S., s. 5485. 
 
 4 July, 1884, s. 4; 23 Stat., 
 
 101. 
 10 Mar., 1902; 32 Stat., 62. 
 24 Apr., 1906; 34 Stat., 133. 
 28 May, 1908, s. 1 ; 35 Stat.. 
 419. 
 Claiming fee, etc., for securing pension 
 
 for army nurse 5 Aug., 1892; 27 Stat, 349. 
 
 Chapter Eight. — General provisions. 
 
 Guardian, etc., embezzling pension of 
 
 ward R. S., ss. 4783, 5486. 
 
 10 Feb., 1891; 26 Stat, 746. 
 Claim agents withholding discharge pa- 
 pers without consent 21 May, 1872; 17 Stat, 137. 
 
 TITLE XLIV. 
 
 TERRITORIES AND INSULAR POSSESSIONS. 
 
 Chapter One. — Provisions common to all the 
 Territories. 
 Owners of coal mines failing to comply 1 3 Mar., 1891, s. 7 ; 26 Stat, 
 with regulations concerning machinery, \ 1105. 
 
 ventilation, etc. J 
 
 Employing children in mines 3 Mar., 1891, s. 12; 26 Stat, 
 
 1105. 
 Chapter Tzvo. — New Mexico, Arizona and 
 Oklahoma. 
 Railroads failing to have stations at town \ 8 Aug., 1894, ss. 1, 2 ; 28 Stat, 
 sites I 263. 
 
 Chapter Three. — Alaska. 
 
 Clerk of court failing to account for J 6 June, 1900, s. 16 ; 31 Stat, 
 
 fees received ( 328. 
 
 Person appointed road overseer refusing 
 
 to serve 27 Apr., 1904; 33 Stat, 392. 
 
 Road overseer failing to deliver records, 
 
 etc., to successor 27 Apr., 1904; 33 Stat, 392. 
 
 Persons failing to work on roads, etc. 27 Apr., 1904; 33 Stat, 392 
 
 Persons refusing to do reasonable day's 
 
 work, etc. 27 Apr., 1904; 33 Stat, 393. 
 
 Road overseer failing to perform duties 27 Apr., 1904 ; 33 Stat, 393. 
 
 Chapter Six. — The Philippine Islands. 
 
 Employing slave labor _• 1 July, 1902. s. 74; 32 Stat, 
 
 709. 
 
 TITLE XLV. 
 
 RIVERS AND HARBORS. 
 
 Chapter One. — Improvements. 
 
 Failing to furnish shipping statistics to 
 persons in charge of harbor works 8 Feb., 1891; 26 Stat., 766
 
 944 
 
 Appendix. 
 
 Chapter Two. — Obstructions to navigation. 
 Regulations concerning the construction 
 of bridges, wharves, etc., and penalties 
 for violation 
 
 Violating rules of Secretary of War 
 concerning dumping of refuse in navi- 
 gable waters 
 
 Depositing refuse in navigable waters ; 
 obstructing channels, etc. 
 
 Rules concerning drawbridges, and pen- 
 alties for violation 
 
 Rules concerning the use of canals, and 
 penalties for violation 
 
 Rules concerning floating timber and 
 logs, and penalties for violation 
 
 Chapter Three. — Provisions applicable to 
 particular rivers, harbors, and 
 canals. 
 
 Violating rules for protecting South 
 Pass, Mississippi River 
 
 Violating rules for protecting reservoirs 
 at headwaters of Mississippi River __- 
 
 3 Mar., 1899, s. 12; 30 Stat, 
 1151. 
 
 20 Feb., 1900; 31 Stat., 32. 
 ( 19 Sept., 1890, s. 6 ; 26 Stat, 
 j 453. 
 
 18 Aug., 1894, ss. 6, 7, 8; 28 
 
 Stat, 363. 
 3 Mar., 1899, s. 13; 30 Stat, 
 1152. 
 S 3" Mar., 1899, s. 16 ; 30 Stat, 
 ( 1153. 
 18 Aug., 1S94, s. 5; 28 Stat, 
 
 362. 
 13 June, 1902, s. 6 ; 32 Stat, 
 
 374. 
 18 Aug., 1894, s. 4; 28 Stat. 
 
 362. 
 13 June, 1902, s. 11; 32 Stat, 
 374. 
 [9 May, 1900, s. 2 ; 31 Stat, 
 ( 172. 
 
 Violating regulations for protecting cer- 
 tain anchorage grounds 
 
 Violating regulations for anchorage of 
 vessels in St. Marys River 
 
 Refusing to obey instructions of harbor- 
 master at Washington, D. C. 
 
 Depositing refuse, etc., in Potomac River- 
 
 Willful violation of regulations for navi- 
 gation of South and Southwest passes 
 of Mississippi River 
 
 Chapter Four. — New York Harbor 
 
 Depositing refuse in New York Harbor. 
 
 Master, etc., of vessel, towing scow, etc., 
 loaded with refuse 
 
 Moving scow, etc., loaded with refuse 
 without permit 
 
 ' 11 Aug., 1888, s. 5 ; 25 Stat, 
 424. 
 19 Sept, 1890, s. 3; 26 Stat, 
 452. 
 
 11 Aug., 1888; 25 Stat, 419. 
 '16 May, 1888, s. 2; 25 Stat, 
 
 151. 
 6 Feb., 1893, s. 2; 27 Stat, 
 •I 431. 
 6 June, 1900, s. 2; 31 Stat, 
 
 682. 
 ' 6 Mar., 1896, s. 3 ; 29 Stat, 54. 
 -j 26 Apr., 1906, s. 1 ; 34 Stat, 
 [ 136. 
 
 S 2 Mar., 1895, s. 2; 28 Stat, 
 ( 741. 
 -19 May, 1896, s. 3 ; 29 Stat. 
 
 127. 
 1 3 Mar., 1909, s. 5 ; 35 Stat, 
 ]■ 818. 
 
 29 June, ±888, s. 1 ; 25 Stat, 
 
 209. 
 29 June, 1888, s. 2 ; 25 Stat., 
 
 209. 
 '29 June, 1888, s. 3 ; 25 Stat. 
 
 209. 
 18 Aug., 1894, s. 3; 28 Stat, 
 
 .'.60.
 
 Appendix. 
 
 945 
 
 Chapter Four — New York Harbor — Continued. 
 
 '29 June, 1888, s. 3; 25 Stat, 
 209. 
 18 Aug., 1894, s. 3; 28 Stat, 
 361. 
 
 28 May, 1908, s. 3 ; 35 Stat. 
 426. 
 
 29 June, 1888, s. 3 ; 25 Stat. 
 209. 
 
 18 Aug., 1894, s. 3; 28 Stat, 
 
 362. 
 28 June, 1888, s. 3; 25 Stat, 
 
 209. 
 18 Aug., 1894, s. 3; 28 Stat, 
 362. 
 Violating rules concerning disposition f 28 June, 1883, s. 4; 25 Stat, 
 
 of dredged matter \ 209. 
 
 Fishing for shellfish, or interfering ) 18 Aug., 1894, s. 2 ; 28 Stat., 
 with navigation in New York Harbor ( 360. 
 
 Chapter Six. — California Debris Commission. 
 
 Injuring, etc., any dam or work erected] 1 Mar., 1893, s. 22; 27 Stat., 
 
 under the provisions of this title and > 510. 
 
 chapter J 
 
 Mining by hydraulic process so as to in- j 1 Mar., 1893, s. 22; 27 Stat., 
 
 jure navigable waters \ 510. 
 
 Dumping refuse, etc., in other place than 
 specified in permit 
 
 Bribing inspector 
 
 Failing to indorse and return permit 
 
 TITLE XLVI. 
 
 THE POSTAL SERVICE. 
 
 Chapter Tzvo. — City, rural, and immediate 
 delivery. 
 Special-delivery messenger deemed post- 1 4 Aug., 1886, s. 4 ; 
 al employee and to be subject to same > 221. 
 
 penalties J 3 Mar., 1903, s. 4; 
 
 1176. 
 
 24 Stat., 
 32 Stat., 
 
 Chapter Eight. — Carrying the mail. 
 
 Surety on bond of bidder for carrying 1 R. S., s. 3964. 
 the mail willfully swearing falsely __ \ 11 Aug., 1876, s. 246; 19 Stat., 
 
 J 129. 
 Combining to prevent bids for carrying 
 
 the mail R. S., s. 3950. 
 
 TITLE X L V I I . 
 
 COMMERCE AND NAVIGATION. 
 
 Chapter One. — Registry and recording. 
 
 Master making false oath to secure regis- 
 tration of vessel R. S., s. 4144. 
 
 Failing to deliver up certificate when re- f R. S., s. 4146. 
 
 quired -j 16 Jan., 1895, s. 2; 
 
 I 624. 
 Failing to have tonnage number marked f R. S., s. 4153. 
 
 on vessel, etc. \ 19 June, 1886, s. 5: 
 
 I 81. 
 60 
 
 28 Stat 
 
 24 Stat,
 
 946 Appendix. 
 
 Chapter One — Registry and recording — Continued. 
 Failing to provide space for crew in 
 
 vessel _ 3 May, 1897, s. 2; 29 Stat., 
 
 Failing to surrender certificate granted 743. 
 
 purchaser _ __R. S., s. 4160. 
 
 Failing to surrender certificate granted 
 
 agent _ __R. S., s. 4162. 
 
 Failing to surrender certificate obtained 
 
 upon loss of original __R. S., s. 4168. 
 
 Failing to register anew when required__R. S., s. 4169. 
 Failing to report change of master __R. S., s. 4171. 
 
 iR. S.' s. 4177. 
 19 June, 1886, s. 6; 24 Stat.. 
 81. 
 R. S., s. 4178. 
 20 Jan., 1897, s. 1 ; 29 Stat., 
 491. 
 Making lalse register, certihcate of reg- 
 istry, or giving false information as 
 
 to description of vessel, etc. __R. S., s. 4187. 
 
 Officers neglecting duties R. S., s. 4188. 
 
 Making or using forged sea letters, pass- 
 ports, certificates of registry, etc. R. S., s. 4191. 
 
 Chapter Two. — Clearance and entry. 
 
 Vessel departing from foreign port 
 without delivering manifest and ob- 
 taining clearance R. S., s. 4197. 
 
 Master of foreign vessel failing to de- 
 posit papers with consul, etc., on ar- 
 rival ____ __R. S., s. 4209. 
 
 Foreign consul delivering papers to mas- 
 ter before clearance R. S., s. 4211. 
 
 f R. S., s. 4213. 
 
 Master failing to furnish statement to \ 26 June, 1884, s. 13 ; 23 Stat., 
 collector of services rendered by consul [ 56. 
 
 ] R. S., s. 4146. 
 
 Pleasure yachts, etc., engaging in trade, \ 16 Jan., 1893, ss. 4-6 ; 28 Stats , 
 and otherwise violating laws J 625. 
 
 Chapter Four. — Emigrant vessels. 
 
 Rules concerning compartments for emi- £ 2 Aug., 1882, s. 1 ; 22 Stat, 
 
 grants, and penalties for violation S 186. 
 
 Rules and regulations concerning berths 
 
 for emigrants, and penalties for viola- S 2 Aug., 1882, s. 2 ; 22 Stat., 
 
 tion I 186. 
 
 Rules concerning ventilation, hygiene, ] 2 Aug., 1882, s. 3; 22 Stat. 
 
 etc., of passenger decks, and penalties [ 187. 
 
 for violation J 
 
 Rules governing food, meals, etc., and S 2 Aug., 1882, s. 4 ; 22 Stat.. 
 
 penalties for violation ( 188. 
 
 Rules concerning hospital compartment, | 2 Aug., 1882, s. 5 ; 22 Stat, 
 
 surgeon, medicines, etc., and penalties [ 188. 
 
 for violation j 
 
 Rules concerning discipline and cleanli- ( 2 Aug., 1882, s. 6; 22 Stat., 
 
 liness, and penalties for violation ( 188. 
 
 Officers, seamen, etc., visiting passengers | 2 Aug., 1882, s. 7; 22 Stat. 
 
 apartments / 189. 
 
 Rules for carrying explosives, horses and ) 2 Aug., 1882, s. 8 ; 22 Stat, 
 
 cattle, etc., and penalties for violation _ \ 189.
 
 Appendix. 947 
 
 Chapter Four. — Emigrant vessels — Continued. 
 
 f2 Aug., 1882, s. 19; 22 Stat, 
 Master permitting the board of vessel 
 by other than specified persons 
 
 189. 
 31 Mar., 1900, ss. 1, 2; 31 
 
 Stat., 58. 
 2 Aug., 1882, s. 9; 22 Stat, 
 Rules of Secretary of Commerce and 189. 
 
 Labor concerning boarding of vessels, \ 31 Mar., 1900, ss. 1, 2; 31 
 
 and penalties for violation ( Stat., 58. 
 
 Master refusing to pay ten dollars in J 2 Aug., 1882, s. 10; 22 Stat., 
 
 each case of death at sea \ 190. 
 
 Vessel leaving port before being duly | 2 Aug., 1882, s. 12 ; 22 Stat., 
 cleared by collector | 190. 
 
 Chapter Five. — Liability of vessels. 
 
 Shipping inflammable material in vessel R. S., s. 4288. 
 
 Inserting in bill of lading, etc., clause { 13 Feb., 1893, ss. 1, 7 ; 27 
 relieving from liability { Stat, 445. 
 
 Inserting covenants in bill of lading, etc., } 13 Feb., 1893, s. 2 ; 27 Stat, 
 avoiding exercise of due diligence } 445. 
 
 Rules concerning bills of lading, and j 13 Feb., 1893, ss. 4, 7 ; 27 
 penalties for violation \ Stats., 445. 
 
 Refusing to issue bill of lading on de- 
 mand 13 Feb., 1893, s. 5; 27 Stat, 
 
 446. 
 
 Chapter Six. — Log books. 
 
 Neglecting to keep up log book in man- 
 ner required, or making entry more 
 than 24 hours after arrivals, etc. R. S., s. 4292. 
 
 Chapter Nine. — Vessels engaged in foreign 
 commerce. 
 
 Vessel departing without passport R. S., s. 4307. 
 
 Master failing to deposit ship's papers with 
 
 consul R. S., s. 4310. 
 
 Chapter Ten. — Vessel engaged in domestic 
 commerce. 
 
 Rules for exchange of enrollment and 
 register when vessel in another dis- 
 trict, and penalty for violation R. S., s. 4323. 
 
 f R. S., s. 4325. 
 
 Master failing to deliver license at ex- { 24 Apr., 1906, s. 2 ; 34 Stat, 
 
 piration [ 136. 
 
 f R. S., s. 4334. 
 
 Owner failing to have name of vessel \ 26 June, 1884, s. 21 ; 23 Stat., 
 painted on stern [ 58. 
 
 New master failing to report change of 
 
 master __ _-__R. S., s. 4335. 
 
 Master not exhibiting enrollment or li- 
 cense when required 
 
 Foreign vessels transporting passengers ._R. S., s. 4336. 
 between United States ports S 1~ Feb., 1898, s. 2; 30 Stat., 
 
 Foreign vessels carrying passengers be- \ 248. 
 tween United States and Philippines _ ] 30 Apr., 1906, s. 2 ; 34 Stat., 
 
 Vessel departing without having left du- | 154. 
 plicate manifest of lading; master 
 liable R. S., s. 4350.
 
 948 Appendix. 
 
 Chapter Ten — Vessel engaged in domestic 
 commerce — Continued. 
 
 Master of vessel containing certain goods 
 failing to deliver up manifest before 
 unlading, etc. ___ __R. S., s. 4352. 
 
 Vessel proceeding without manifest and 
 
 permit; master liable __R. S., s. 4354. 
 
 Master of vessel under twenty tons fail- 
 ing to deliver up manifest R. S., s. 4356. 
 
 Master of vessel failing to exhibit mani- 
 fest on arrival ; additional penalty if 
 distilled spirits on board ; refusing to 
 answer interrogatories truly __R. S., s. 4360. 
 
 Refusing to deliver up permit for mer- 
 chandise to be transported inland, etc R. S., s. 4363. 
 
 Fishing vessels, permitted to land at for- 
 eign ports, failing to deliver mani- 
 fests and entries R. S., s. 4364. 
 
 Master neglecting to report when vessel 
 puts into port other than destination R. S., s. 4366. 
 
 Master of foreign vessel bound coast- 
 wise failing to deliver duplicate mani- 
 fests, etc. ; refusing to swear to ver- 
 ity of manifest, etc. __R. S., s. 4367. 
 
 Master of foreign vessel bound coast- 
 wise failing to deliver manifest to col- 
 lector on arrival ; failing to swear to 
 verity of manifest; failing to deliver 
 permit __R. S., s. 4368. 
 
 Vessel entitled to do documented trading ( 19 June, 1886, s. 7 ; 24 Stat., 
 without a license ( 81. 
 
 Making illegal enrollment or license; 
 giving false information as to vessel 
 to be enrolled or licensed R. S., s. 4373. 
 
 Failing or refusing to perform duties 
 prescribed by this chapter R. S., s. 4374. 
 
 Forging or altering enrollment, license, 
 etc. R. S., s. 4375. 
 
 Obstructing officers R. S., s. 4376. 
 
 Chapter Eleven. — Vessels engaged in fisheries. 
 Fisherman deserting or absconding him- 
 self from vessel R. S., s. 4392. 
 
 Chapter Tzuelve. — Inspection of steam vessels. 
 
 Inspection of sea-going barges ; require- 1 28 May, 1908, ss. 10-13 ; 35 
 ments before registry ; penalty for r Stat., 428. 
 
 violation, etc. J 
 
 f R. S., s. 4413. 
 Pilot, mate, or master, etc., violating j 7 June, 1897, s. 5 ; 30 Stat, 
 regulations relating to passing of vessels I 103. 
 
 [ R. S., s. 4416. 
 Inspector serving without specified quali- \ 3 Mar., 1905, s. 2 ; 33 Stat., 
 
 fications [ 1029. 
 
 Carry passengers and gunpowder con- 
 trary to law R. S., s. 4424. 
 
 Inspector certifying falsely touching 
 
 steam vessels R. S., s. 4425. 
 
 Iimproperly constructing boilers S R- S., s. 4429. 
 
 ( 7 Aug., 1882; 22 Stat., 310.
 
 Appendix. 949 
 
 Chapter Twelve. — Inspection of steam vessels — Continued. 
 Affixing fraudulent, etc., stamp to boiler S R- S., s. 4430. 
 
 plate {22 Jan., 1894; 28 Stat., 28. 
 
 Counterfeiting stamps prescribed for 
 boiler iron or steel plates ; falsely 
 
 marking iron or steel plates R. S., s. 4432. 
 
 Obstructing safety valve, etc. R. S., s. 4437. 
 
 R. S., s. 4438. 
 Employing certain persons who are not 25 Jan., 1907 ; 34 Stat., 864. 
 
 licensed by inspectors \ 28 May, 1908, s. 2; 35 Stat., 
 
 425. 
 Making false oath ; changing certificate _ ( R. S., s. 4445. 
 
 23 Mar., 1900; 31 Stat., 50. 
 Neglecting to place license where it can \ R. S., s. 4446. 
 
 be seen {19 Feb., 1907; 34 Stat, 897. 
 
 Navigating vessel after notice to make 
 
 repairs R. S., s. 4454. 
 
 Chapter Thirteen. — Transportation of passengers and merchandise. 
 
 fR. S., s. 4463. 
 Navigating vessel with less than requir- \ 2 Apr., 1908, s. 1; 35 Stat, 
 ed number of licensed officers and men [ 55. 
 
 Violating rules governing regattas or C 28 Apr., 1908, s. 4 ; 35 Stat, 
 
 marine parades { 69. 
 
 fR. S.. s. 4468. 
 
 Failing to keep passenger list \ 28 May, 1908, s. 4; 35 Stat., 
 
 [ 425. 
 
 Unlawfully carrying cotton or hemp _-__R. S., s. 4473. 
 
 Rules concerning use of petroleum as ( R. S., s. 4474. 18 Oct., 1888 ; 
 fuel and penalties for violation } 25 Stat, 564. 
 
 Shipping or attempting to ship danger- 
 ous articles not duly marked or packed__R. S., s. 4476. 
 
 Failing to provide proper stairways — __R. S., s. 4484. 
 
 Failure to keep sufficient watchmen on 
 vessel to guard against fire and other 
 dangers __R. S., s. 4478. 
 
 Overcrowding or occupying passenger 
 
 space with freight, etc. _ __R. S., s. 4485. 
 
 Manufacturing or selling, etc., life-pre-"| 
 
 servers unlawfully _ constructed ; manu- \ R. S., s. 4488. 3 Mar., 1905, 
 facturing or selling, etc., inefficient | s. 3; 33 Stat, 1024. 
 
 life-preservers, etc. J 
 
 fR. S., s. 4489. 2 Mar., 1889, 
 
 Owner neglecting or refusing to carry \ s . 2 ; 25 Stat., 1012. 11 
 life-boats, rafts, life-preservers, etc. _ [ Apr., 1892; 27 Stat., 16. 
 
 Barges carrying passengers failing to 
 
 have fire buckets, axes, etc. _ — __R. S., s. 4492. 
 
 Failing to keep on board and to deliver 
 to passengers requesting same, copies 
 of chapters twelve and thirteen of 
 this title -R. S., s. 4494. 
 
 Failing to keep name of steam vessel 
 
 painted in designated places __R. S., s. 4495. 
 
 Customs officer negligently or intention- 
 ally failing to require name of vessel 
 to be placed on pilot house or wheel- 
 house R- S., s. 4497.
 
 950 Appendix. 
 
 Chapter Thirteen — Transportation of pas- 
 sengers and merchandise. — Continued. 
 Persons, etc., owning, etc., steam ves- f R. S., s. 4499. 
 
 sels failing to comply with terms of \ 3 Mar., 1905, s. 4 ; 33 Stat., 
 
 chapter of this title [ 1025. 
 
 Penalty for violating any of the pro- 
 visions of chapters twelve and thir- 
 teen of this title, not otherwise spe- 
 cifically provided for R. S., s. 4500. 
 
 Chapter Fourteen. — Rules of navigation. 
 Rules for the prevention of collisions on 
 
 inland waters, and penalty for viola- \ 7 June, 1897, s. 3 ; 30 Stat, 
 
 tion _ I 102. 
 
 Rules to be established by supervising ( 7 June, 1897, s. 2 ; 30 Stat., 
 
 inspectors, and penalty for violation \ 102. 
 Rules for the prevention of collisions ] 7 June, 1897, s. 4 ; 30 Stat, 
 
 on inland waters, and penalty against I* 103. 
 
 vessel for violation J 
 
 Rules to prevent collisions on the Great { 8 Feb., 1895, s. 2; 28 Stat., 
 
 Lakes, and penalties for violation ) 649. 
 
 Owners, agents, etc., failing to report S 20 June, 1874, s. 10 ; 18 Stat., 
 
 accidents to collectors of customs 1 128. 
 
 Owner, etc., failing to report probable S 20 June, 1874, s. 11 ; 18 Stat., 
 
 loss of vessel, etc. } 128. 
 
 f 19 Feb., 1895, s. 3 ; 28 Stat., 
 Navigating vessel without proper signal \ 672 ; 7 June, 1897, s. 5 ; 30, 
 
 lights _ [ Stat. 103. 
 
 Failing to render assistance to vessel in S 4 Sept., 1890, s. 2 ; 26 Stat., 
 
 distress _ { 425. 
 
 Chapter Fifteen. — Reciprocal privileges. 
 
 Opposing an officer of the United States 
 in enforcing certain rules concerning 
 foreign vessels that have violated proc- i 
 lamation [ 
 
 Persons of British North America vi- 
 olating rules and proclamations of 
 President concerning fishing rights in 
 American waters 3 Mar., 1887; 24 Stat, 475 
 
 TITLE XL VIII. 
 
 MERCHANT SEAMAN. 
 
 Chapter One. — Shipping commissioners. 
 
 Unauthorized person acting as shipping 
 
 commissioner _ R. S., s. 4504. 
 
 Rules concerning indenture of appren- 
 tices and penalties for violation R. S., s. 4510. 
 
 Vessel carrying person to sea as one of 
 
 crew without agreement -_R. S., s. 4514. 
 
 Master engaging seamen contrary to 
 
 law _ __R. S., s. 4515. 
 
 Master engaging seamen in foreign port 
 without complying with provisions of 
 law R. S., s. 4518. 
 
 Master failing to post copy of shipping 
 
 agreement R. S., s. 4519. 
 
 Master shipping seamen without articles— R. S., s. 4521. 
 
 Shipping commissioner, etc., taking un- 
 lawful fees R. S., s. 4595. 
 
 19 June, 1886, s. 17; 24 Stat, 
 
 82.
 
 Appendix. 951 
 
 Chapter Tivo. — Wages and effects. 
 
 [21 Dec, 1898, s. 24; 30 Stat, 
 
 Paying seamen advance wages < 763. 
 
 I 26 Apr., 1904; 33 Stat, 308. 
 [ 21 Dec., 1898, s. 24; 30 Stat, 
 Demanding, etc., remuneration for pro- < 763. 
 
 viding seaman without employment _ [ 26 Apr., 1904 ; 33 Stat, 308. 
 Falsely claiming to be relative of sea- 
 man _ 21 Dec, 1898, s. 24; 30 Stat, 
 
 763. 
 Master failing to take charge and ac- 
 count for deceased seaman's effects — R. S., s. 4050. 
 
 Shipping commissioner failing to deliver 
 deceased seaman's effects to district 
 court _ R- S., s. 4543. 
 
 Chapter Three. — Discharge. 
 
 Master discharging seaman in manner 
 
 other than that provided by law R. S., s. 4549. 
 
 Master failing to deliver account of 
 
 wages to discharged seaman or ship- 
 ping commissioner R. S., s. 4550. 
 
 Master failing to give discharged sea- 
 man certificate of discharge R. S., s. 4551. 
 
 Chapter Four. — Protection and relief. 
 
 Owner, master, etc., failing to appear or 
 
 to produce books, etc., before shipping 
 
 commissioner _ R. S., s. 4555. 
 
 Master failing to apply for surveyors f R. S., s. 4550. 
 
 upon complaint that ship is unsea- \ 21 Dec, 1898, s. 7 ; 30 Stat., 
 
 worthy _ [ 757. 
 
 f R. S., s. 4561. 
 Sending, etc., an American ship to sea i 21 Dec, 1898, s. 11 ; 30 Stat., 
 
 in an unseaworthy condition [ 758. 
 
 Master failing to pay charges of in- 
 spection and wages R. S., s. 4563. 
 
 f R. S., s. 4564. 
 Master or owner failing to provide suf- j 21 Dec, 1898, s. 12 ; 30 Stat., 
 ficicnt quantity of stores [ 759. 
 
 Master failing to provide suitable pro- 
 visions and water, after complaint R. S., s. 4565. 
 
 Master refusing seaman permission to 
 
 go ashore to make complaint R. S., s. 4567. 
 
 '26 June, 1884, s. 11; 23 Stat, 
 
 Owner failing to provide vessel with 
 slop chest 
 
 56. 
 19 June, 1886, s. 13; 24 Stat, 
 82. 
 
 Owner or master failing to provide ves- 
 sel with medicines, etc. R. S., s. 4570. 
 
 Master neglecting to serve out lime 
 juice, etc R S., s. 4570. 
 
 Master failing to keep on board and 
 
 use proper weights and measures R. S., s. 4571. 
 
 Owner or master failing to provide f R. S., s. 4572. 
 
 warm clothing and room for use of j 21 Dec, 1898, s. 15 ; 30 Stat, 
 seamen in cold weather [ 759.
 
 952 
 
 Appendix. 
 
 Chapter Four — Protection and relief — Con- 
 tinued. 
 Rules concerning list of ship's crew, 
 and penalties for violation R. S., s. 4575. 
 
 Master of foreign-bound vessel failing 
 to produce person on ship's list of 
 crew _ 
 
 Master of United States vessel refusing 
 to receive or transport indigent sea- 
 man from foreign country to United 
 States _ 
 
 Rules concerning extra payment to sea- 
 man on discharge in foreign port in 
 case of sale of vessel and penalties ■ 
 for violation 
 
 R. S., s. 4576. 
 
 3 Mar., 1897, s. 3; 29 Stat, 
 
 688. 
 R. S., s. 4578. 
 26 June, 1884, s. 9 ; 23 Stat., 
 
 55. 
 19 June, 1886, s. 18 ; 24 Stat., 
 
 83. 
 
 R. S., s. 4582. 
 
 26 June, 1884, s. 5 ; 23 Stat., 
 
 54. 
 21 Dec, 1898, s. 17; 30 Stat, 
 
 759. 
 
 Chapter Five. — Offenses and punishments. 
 Offenses of seamen or apprentices : 
 
 \ R. S., s. 4596. 
 
 Deserting ship \ 21 Dec, 1898, s. 19 ; 30 Stat, 
 
 [ 760. 
 
 f R. S., s. 4596. 
 Refusing to join vessel or proceed to] 21 Dec, 1898, s. 19; 30 Stat, 
 
 sea, etc. I 760. 
 
 f R. S., s. 4596. 
 Wilfully disobeying any lawful com- -j 21 Dec, 1898, s. 19 ; 30 Stat., 
 
 mand, etc. [ 760. 
 
 [ R. S., s. 4596. 
 Continuing to disobey any lawful com- \ 21 Dec, 1898, s. 19 ; 30 Stat., 
 
 mand _ [ 760. 
 
 f R. S., s. 4596. 
 
 Assaulting master or mate \ 21 Dec, 1898, s. 19 ; 30 Stat., 
 
 [ 760. 
 
 f R. S., s. 4596. 
 Damaging vessel or embezzling stores J 21 Dec, 1898, s. 19 ; 30 Stat., 
 
 [ 760. 
 
 fR. S., s. 4596. 
 Smuggling, etc. \ 2 i Dec, 1898, s. 19 ; 30 Stat, 
 
 I "60. 
 Refusing to do or doing certain acts in 
 
 willful breach of duty or by reason of 
 
 drunkenness _ __R. S., s. 4602. 
 
 S R. S., s. 4606. 
 
 Boarding vessel before arrival } 31 Mar., 1900 ; 31 Stat, 58. 
 
 | R. S., s. 4607. 
 
 Soliciting seaman as lodger | 13 Apr., 1904; 33 Stat, 174. 
 
 Master to enforce provision against 
 
 carrying sheath knives on vessels R. S., s. 4608. 
 
 \ R. S., s. 4611. 
 
 Master, etc., inflicting corporal punish- \ 21 Dec, 1898, s. 22 ; 30 Stat, 
 
 ment that is forbidden by law [ 761. 
 
 Detaining clothing of seaman unlawfully { 18 Feb., 1895 ; 28 Stat, 667. 
 
 Ill Apr., 1904; 33 Stat., 168.
 
 Appendix. 953 
 
 TITLE L . 
 
 THE CENSUS. 
 
 Receiving fee, etc., for securing appointment, \ 3 Mar., 1899, s. 20 ; 30 Stat., 
 
 etc., of another \ 1020. 
 
 Supervisor or other employee refusing or 1 2 July, 1909, s. 22 ; 36 Stat., 
 
 neglecting to perform duties, false swear- J- 8. 
 
 ing, or making false returns, etc. J 
 
 Refusing information to enumerator, etc. 2 July, 1909, s. 23 ; 36 Stat., 8. 
 
 Officer or agent of manufacturing establish- 
 ment refusing to give information, or 
 giving false information to officer < ■ agent 
 of census _ 
 
 2 July, 1909, s. 24; 26 Stat, 
 9. 
 
 TITLE LI. 
 
 COMMON CARRIERS OF INTERSTATE AND FOREIGN 
 
 COMMERCE. 
 
 Chapter One. — Regulations of transporta- 
 tions. 
 Making unreasonable or unjust charge] 29 June, 1906, s. 1 ; 34 Stat., 
 for transportation of passengers or J- 584. 
 
 property _ J 
 
 Free transportation of passengers for- S 29 J ur >e, 1906, s. 1 ; 34 Stat., 
 
 bidden \ 584. 
 
 Railroads not to carry products in which S 29 June, 1906, s. 1 ; 34 Stat., 
 
 interested _ } 585. 
 
 Railroads to construct switches and to | 29 June, 1906, s. 1 ; 34 Stat., 
 
 furnish cars to shippers ( 585. 
 
 [4 Feb., 1887, s. 2 ; 24 Stat., 
 Making of special rate or giving of re- | 379. 
 
 bate unlawful \2 Mar., 1889, s. 2; 25 Stat., 
 
 [ 857. 
 
 I 4 Feb., 1887, s. 3; 24 Stat., 
 Undue preferences to persons, localities, I 380. 
 
 and traffic prohibited \ 2 Mar., 1889, s. 2; 25 Stat, 
 
 [ 857. 
 
 f 4 Feb., 1887, s. 4; 24 Stat, 
 Charge for short haul not to be more I 380. 
 
 than for long haul -j 2 Mar., 1889, s. 2; 25 Stat, 
 
 [ 857. 
 
 f4 Feb., 1887, s. 5; 24 Stat, 
 Pooling of freight or earnings with | 380. 
 others prohibited -{ 2 Mar., 1889, s. 2; 25 Stat. 
 
 [ 857. 
 Charge for joint interchangeable mile- [8 Feb., 1895; 28 Stat, 643.. 
 
 age or tickets to be uniform \ 2 Mar., 1889, s. 2; 25 Stat, 
 
 [ 857. 
 Willful failure to file and publish sched- I 29 June, 1906, s. 2; 34 Stat, 
 
 ules of rates and fares 1 587. 
 
 Willful failure to observe schedules of] 29 June, 1906, s. 2; 34 Stat, 
 rates and fares published until changed }■ 587. 
 according to law J
 
 954 Appendix. 
 
 Chapter One. — Regulations of transportations. — Continued. 
 
 Carrier not to engage in interstate com- 
 merce until schedule of rates and 
 fares are filed; nor to charge differ- 
 ent rates than those in schedule ; nor 
 refund any portion of rates and fares 
 
 2 Mar., 1889, s. 2; 25 Stat., 
 
 857. 
 29 June, 1906, s. 2 ; 34 Stat., 
 587. 
 \i Feb., 1887, s. 7; 24 Stat, 
 Combinations to prevent continuous car- I 382. 
 
 riage of freights \ 2 Mar., 1889, s. 2; 25 Stat, 
 
 [ 857. 
 Punishment for violation of interstate f 2 Mar., 1889, s. 2 ; 25 Stat., 
 commerce law, to which no specific j 857. 
 
 penalty is attached [ 
 
 Unlawful to offer or give, or to solicit ] 29 June, 1906, s. 2 ; 34 Stat., 
 or receive rebate, for property trans- ^ 587. 
 
 ported J 
 
 Carrier receiving or accepting compen- ] 29 June, 1906, s. 2 ; 34 Stat., 
 sation as rebate for property trans- j- 588. 
 
 ported _ J 
 
 [2 Mar., 1889, s. 2 ; 25 Stat, 
 False billing, false classification, or false I 858. 
 
 weighing of property transported \ 19 Feb., 1903, s. 1 ; 32 Stat., 
 
 847. 
 Obtaining transportation at less than f 2 Mar., 1889, s. 2 ; 25 Stat, 
 regular rates by means of false bill- 858. 
 ing, false classification, or false rep-- 19 Feb., 1903, s. 1; 32 Stat., 
 
 resentations _ [ 847. 
 
 2 Mar., 1889, s. 2 ; 25 Stat, 
 858. 
 Shipper inducing discrimination in rates \ 19 Feb., 1903, s. 1 ; 32 Stat., 
 
 [ 847. 
 Act of officer or agent to be also deemed { 29 June, 1906, s. 2; 34 Stat., 
 act of corporation \ 587. 
 
 Chapter Two. — Interstate Commerce Com- 
 mission. 
 Punishment for refusal to testify before \ 11 Feb., 1893, s. 1 ; 27 Stat, 
 
 Commission _ \ 443. 
 
 Failure of carrier to obey order of the \ 29 June, 1906, ss. 4, 5 ; 34 
 
 Commission _ \ Stat, 589, 591. 
 
 Failure of carrier to file annual reports \ 29 June, 1906, s. 7 ; 34 Stat., 
 
 required by Commission { 593. 
 
 Failure of carrier to keep accounts and ] 29 June, 1906, s. 7 ; 34 Stat., 
 
 records required by Commission ; j- 594. 
 
 agent divulging information j 
 
 Willfully making false entries in ac- 
 counts, or keeping unauthorized ac- ( 29 June, 1906, s. 7 ; 34 Stat, 
 
 counts _ { 594. 
 
 Chapter Three. — Safety appliances on rail- 
 road cars. 
 Common carrier using locomotive en- f 2 Mar., 1893, s. 1 ; 27 Stat, 
 gine not equipped with a power driv- \ 531. 
 
 ing-wheel brake, etc. [l Apr., 1896; 29 Stat, 85. 
 
 Common carrier hauling, etc., cars used f 2 Mar., 1893, s. 2 ; 72 Stat , 
 in moving interstate traffic not equip- \ 531. 
 ped with automatic couplers [
 
 Appendix. 955 
 
 Chapter Three — Safety appliances on rail- 
 road cars — Continued. 
 Common carrier using car in interstate 2 Mar. 1893, ss. 4, 6 ; 27. 
 
 commerce not equipped with proper j- Stat, 531. 
 
 grab irons J 
 
 Common carrier using cars in interstate ] 2 Mar., 1893, ss. 5, 6; 27 Stat, 
 
 traffic not equipped with draw-bars } 531. 
 
 of standard height J 
 
 Common carrier failing to make month- ) 3 Mar., 1901, ss. 1, 2; 31 
 
 ly report to Interstate Commerce \ Stat, 1446. 
 
 Commission of all accidents J 
 
 Using locomotive not equipped with J 30 May, 1908, s. 3 ; 35 Stat., 
 
 proper ash pan { 476. 
 
 Chapter Four. — Care of animals in transit. 
 
 Confining live stock longer than twen- f R. S., s. 4386. 
 
 ty-eight hours without unlcading f or -j 29 June, 1906, ss. 1, 2; 34 
 rest, water, and food [ Stat, 607. 
 
 Chapter Six. — Arbitration between carriers 
 and employees. 
 Employer demanding agreement of em- ] 1 June, 1898, s. 10 ; 30 Stat., 
 ployee not to join union, threatening j- 428. 
 him with loss of employment, etc. J 
 
 Chapter Seven. Hours of sendee of em- 
 ployees. 
 Common carriers requiring employees ] 4 Mar., 1907, ss. 2, 3 ; 34 
 to remain on duty longer than 16 \ Stat., 1416. 
 hours ; train dispatchers and telegraph | 
 operators longer than 9 and 13 hours- J 
 
 TITLE LII. 
 
 COMBINATIONS IN RESTRAINT OF TRADE. 
 
 Making contract or engaging in combination, \ 2 July, 1890, s. 1 ; 26 Stat., 
 
 etc., in restriini: of trade \ 209. 
 
 Monopolizing, etc., trade among the several f 2 July, 1890, s. 2 ; 26 Stat., 
 
 States, etc. \ 209. 
 
 Making contract in restraint of trade, etc., in f 2 July, 1890, s. 3 ; 26 Stat., 
 
 Territories or District of Columbia \ 209. 
 
 Persons entering into combination, trust, etc., ] 
 
 with another for purpose of importing \ 24 July, 1897, s. 34 ; 30 Stat , 
 
 goods, intended to operate in restraint of j 213. 
 
 trade, increase prices, etc. J 
 
 TITLE LIV. 
 
 REGULATIONS OF EXPORTATION, IMPORTATION, AND 
 
 TRANSPORTATION OF ANIMALS, FOODS AND 
 
 INSECT PESTS. 
 
 Chapter One. — Inspection of animals, meats, 
 and dairy products for exporta- 
 tion. 
 Rules concerning inspection, etc., of ani- 1 30 June, 1906, 34 Stat., 674. 
 mals intended for exportation, and \ 4 Mar., 1907, 34 Stat, 1260. 
 
 penalties for violation J 
 
 Bribery of inspectors of meats and of j 30 June, 1906, 34 Stat, 678. 
 animals intended for slaughter \ 4 Mar., 1907, 34 Stat, 1264.
 
 956 Appendix. 
 
 Chapter Tzvo. — Protection against importa- 
 tion and transportation of in- 
 fected animals, meats and adul- 
 terated foods. 
 Violation of regulations to prevent in- f 30 Aug., 1890, s. 10; 26 Stat., 
 traduction of contagious diseases of J 417. 
 
 animals _ ]2 Feb., 1903, ss. 2, 3; 32 
 
 Stat, 792. 
 
 Importation of diseased animals __30 Aug., 1890, s. 6 ; 26 Stat.; 
 
 416. 
 Transportation of live stock from quar- S 3 Mar., 1905, ss. 2, 6 ; 33 
 
 antined districts 1 Stat, 1264. 
 
 Moving live stock from quarantined dis- S 3 Mar., 1905, ss. 4, 6 ; 33 
 
 trict contrary to regulations 1 Stat, 1265. 
 
 Violating regulation respecting exporta- [ 29 May, 1884, ss. 4, 5 ; 23 
 tion and transportation of live stock ' Stat, 32. 
 
 from infected district 
 
 2 Feb., 1903, ss. 1, 3; 32 
 Stat, 791. 
 
 Chapter Three. — Regulation of importation 
 and transportation of foods, 
 drugs, grain, and seeds. 
 Importation and transportation of adul-1 30 June, 190C, s. 2; 34 Stat, 
 terated or misbranded foods or drugs r 768. 
 
 J 
 Manufacture of adulterated foods and ] 30 June, 1906, s. 1 ; 34 Stat., 
 drugs in Territories and District of !- 768. 
 Columbia J 
 
 Chapter Four. — Regulation of transportation 
 of insect pests. 
 
 Transporting certain insect pests --3 Mar., 1903, ss. 1, 4 ; 33 
 
 Stat, 1269. 
 
 Sending insect pests by mail 3 Mar., 1905, s. 2; 33 Stat, 
 
 1270. 
 
 Chapter Five. — Regulation of 'preparation, 
 sale, and interstate traffic in 
 viruses, serums, etc. 
 Violation of rules concerning produc- ] 1 July, 1902, ss. 1-7 ; 32 
 tion, inspection, and sale of viruses, \ Stat, 728. 
 
 serums, etc. J 
 
 Interfering with officer or employee of f 1 July, 1902, ss. 6, 7 ; 32 
 Treasury Department \ Stat, 728. 
 
 TITLE L V . 
 
 IMPORTATION OF ADULTERATED TEAS AND IMPORTA- 
 TION OF OPIUM BY CHINESE PROHIBITED. 
 
 Chapter Tzvo. — Importati ■% of opium by 
 Chinese, and exportation to 
 China by citizens of the United 
 States, prohibited. 
 
 Importing of opium by Chinese --23 Feb., 1887, s. 1 ; 24 Stat., 
 
 409. 
 Citizens of United States importing S 23 Feb., 1887, s. 3 ; 24 Stat., 
 
 opium into open ports of China \ 409. 
 
 Unlawfully bringing into United States, 1 9 Feb., 1909, s. 2; 35 Stat, 
 or buying, selling, or concealing \ 614. 
 opium so brought J
 
 Appendix. 957 
 
 Chapter Three. — Regulation of importation, 
 transportation, and exportation 
 of falsely stamped merchandise, 
 and the landing and sale of 
 sponges. 
 
 21 Feb., 1905, ss. 1, 2; 33 
 Stat., 732. 
 
 13 June, 1906, ss. 4, 5; 34 
 
 Stamping the words "United States As- 
 say" on goods manufactured from 
 gold or silver which enter into Inter- 
 state Commerce 
 
 Falsely stamping as to fineness or qual- 
 ity of metal articles manufactured \ 34 Stat, 260. 
 from gold or silver J 
 
 Stamping the words "sterling" or ] 13 June, 1906, ss. 4 , 5 : 34 
 "coin" on gold or silver-plated mer- [ Stat., 261. 
 chandise J 
 
 Unlawful landing, delivery, or sale of 
 
 sponges _ 20 June, 1906; 34 Stat, 313. 
 
 TITLE L V II . 
 
 LIGHTS AND BUOYS. 
 
 Maintaining light, or other aid to navigation 1 20 June, 1906, s. 3 ; 34 Stat., 
 
 without permission of Light-House Board j- 324. 
 Failure to maintain lights on bridges over j 14 May, 1908, s. 5 ; 35 Stat , 
 
 navigable waters ( 162. 
 
 TITLE LVIII. 
 
 PROTECTION OF FUR SEALS. 
 
 ' T\ S., S. 1956. 
 Killing of fur seals within the limits of 2 Mar., 1889, s. 3 ; 25 Stat., 
 
 Alaska, including Bering Sea \ 1009. 
 
 I 3 Mar., 1899, s. 173 ; 30 Stat, 
 { 1279. 
 
 fR. S., ss. 1960, 1961. 
 Killing of fur seals on St. Paul and St { 3 Mar., 1899, ss. 177, 178 ; 30 
 
 George islands [ Stat., 1280. 
 
 Killing female seals, or seals less than one f R. S., s. 1961. 
 year old -j 3 Mar., 1899, s. 178; 30 Stat, 
 
 I 1280. 
 
 Killing seals on St. Paul and St. George is- 
 lands, without authority of lessees __R. S.. ss. 1861, 1967. 
 
 Citizens of United States equipping vessel ) 29 Dec, 1897, ss. 1,2,3; 30 
 for killing, or killing fur seals in cer- [ Stat, 226. 
 tain parts of Pacific Ocean J 
 
 TITLE L X . 
 
 LABOR. 
 
 Chapter Two. — Hours of labor. • 
 
 Requiring employees on Government] 1 Aug., 1892, s. 2; 27 Stat, 
 work to labor more than eight hours [ 340. 
 per day, etc. J
 
 958 
 
 Appendix. 
 
 TITLE L X I 
 
 IMMIGRATION. 
 
 20 Feb., 1907, s. 3 ; 34 Stat., 
 899. 
 
 Chapter One — Regulation of immigration. 
 Importation of women for purpose of 
 prostitution, or for other immoral pur- 
 pose ; harboring for immoral pur- 
 pose alien woman or girl within three 
 years after entry into United States . 
 Aiding anarchist to enter the United 
 
 States - 20 Feb., 1907, s. 38 ; 34 Stat, 
 
 908. 
 
 Soliciting the importation of contract \ 20 Feb., 1907, ss. 4, 5 ; 34 
 
 laborers { Stat., 900. 
 
 Advertising to encourage immigration. — 20 Feb., 1907, ss. 4, 5, 6; 34 
 
 Stat., 900. 
 Soliciting of immigration by vessel 
 
 owners _ 20 Feb., 1907, ss. 4, 5, 7; 34 
 
 Stat, 900. 
 Illegal bringing in or landing of aliens___20 Feb., 1907, s. 8 ; 34 Stat., 
 
 900. 
 Bringing in persons afflicted with loath- \ 20 Feb., 1907, s. 9 ; 34 Stat., 
 
 some or contagious disease ) 901. 
 
 Copies of immigration laws to be posted \ 3 Mar., 1893, s. 8; 27 Stat., 
 
 up in foreign countries ] 570. 
 
 List of alien 
 
 immigration 
 
 sel _~_ J 
 
 Officers of vessels permitting the illegal (20 Feb., 1907, s. 18; 34 Stat., 
 
 landing of aliens \ 904. 
 
 Return by steamship company of aliens (20 Feb., 1907, s. 19; 34 Stat., 
 
 illegally landed 1 904. 
 
 Chapter Two. — Exclusion of Chinese per- 
 sons. 
 Master of vessel refusing or neglecting ] 5 July, 1884, s. 8 ; 23 Stat., 
 
 to deliver list of Chinese persons on (. 117. 
 
 board . 
 
 passengers to be furnished] 20 Feb., 1907, ss. 12, 15; 34 
 n officers by master of ves- \ Stat., 901. 
 
 Master of vessel unlawfully bringing 
 
 13 Sept., 1888, ss. 9, 10; 25 
 Stat, 478. 
 
 into the United States Chinese per- \ 29 Apr. 1902, s. 1 ; 32 Stat., 
 
 sons 
 
 Bringing into United States by land f 5 July, 1884, s. 11; 23 Stat, 
 Chinese person 
 
 Forgery of certificate issiu I to Chinese 
 person ; false personation 
 
 170. 
 
 ! 117. 
 13 Sept., 1888, ss. 9, 10; 25 
 
 479. 
 5 May, 1892, s. 8; 27 Stat. 
 
 26. 
 29 Apr., 1902; 32 Stat, 176. 
 Violation of other provisions of Chinese 
 
 exclusion laws 5 July, 1884, s. 16; 23 Stat., 
 
 118. 
 
 Chapter Three. — The cooley trade. 
 
 Building, equipping, etc., vessel for the 
 
 cooley trade R. S., s. 2160. 
 
 Receiving or transporting coolies R. S., s. 2161. 
 
 Transporting, etc., subject of China, \ 3 Mar., 1875, s. 2; 18 Stat., 
 
 Japan etc., without consent } 477. 
 
 Contracting or attempting to contract \ 3 Mar., 1875, s. 4 ; 18 Stat, 
 
 to supply cooley labor | 477.
 
 Appendix. 959 
 
 TITLE LXII. 
 
 NATURALIZATION AND EXPATRIATION. 
 
 Chapter One. — Naturalisation. 
 
 Clerk of court of other person illegally } 29 June, 1906, s. 18 ; 34 Stat, 
 
 issuing certificate of naturalization ( 602. 
 
 Clerk or other officer of court neglect- ] 29 June, 1906, s. 20 ; 34 Stat., 
 
 ing to render accounts of money re- \ 602. 
 
 ceived in naturalization proceedings- J 
 Clerk of court or other officer issuing S 29 June, 1906, s. 22 ; 34 Stat., 
 
 false certificate or acknowledgments- | 603. 
 
 Fraudulently obtaining naturalization 29 June, 1906, s. 23 ; 34 Stat., 
 
 603. 
 
 TITLE LXIV. 
 
 CIVIL RIGHTS. 
 
 Persons not to be discriminated against in 
 inns, public conveyances, theatres, etc., on 
 account of race or color ; penalty 
 
 District attorneys, marshals, etc., failing to 
 enforce provisions of civil rights act 
 
 Persons not to be excluded as jurors on ac- 
 count of race or color 
 
 Marshal or deputy refusing to execute pro- 
 cess issued under provisions of this Title 
 
 1 Mar., 1875, ss. 1, 2; 18 
 Stat, 336. 
 
 1 Mar., 1875, s. 3 ; 18 Stat, 
 
 336. 
 1 Mar., 1875, s. 4 ; 18 Stat, 
 
 336. 
 
 R. S., S. 5517. 
 
 TITLE LXVI. 
 
 THE SEAT OF GOVERNMENT. 
 
 Chapter One. — Public buildings, parks, and 
 wharves. 
 Tapping, without authority, pipes laid 
 
 by United States R. S., s. 1803. 
 
 Willfully breaking, etc., water pipes in 
 
 District of Columbia __R. S., s. 1804. 
 
 Maliciously making water supply of 
 
 District of Columbia impure __R. S., s. 1806. 
 
 Chapter Two. — Capitol building and grounds. 
 
 Regulations concerning use of Capitol ] 1 July, 1882, ss. 1-7 ; 22 
 grounds, and penalties for violation- \ Stat., 126. 
 
 TITLE LX VII. 
 
 RAILWAYS AND TELEGRAPH COMPANIES. 
 
 Chapter Two. — Submarine cables. 
 
 Breaking, injuring, or aiding or abetting \ 29 Feb., 1888, s. 1; 25 Stat, 
 
 the injuring of submarine cable 1 41. 
 
 Breaking submarine cable by culpable j 29 Feb., 1888, s. 2 ; 25 Stat., 
 
 negligence ] 41. 
 
 Rules to be observed by master of ves- j 29 Feb., 1888, s. 4 ; 25 Stat., 
 
 sel laying cable, and other vessels in > 41. 
 
 proximity, and penalties for violation J
 
 960 Appendix. 
 
 Chapter Two — Submarine cables — Continued. 
 
 Master of fishing vessel failing to keep ] 29 7eb., 1888, s. 5 ; 25 Stat., 
 nets, etc., more than a nautical mile \ 41. 
 from vessel laying cable J 
 
 Refusing to produce certain papers nee- j 29 Feb., 1888, s. 7 ; 25 Stat., 
 essary for the preparation of speci \ 42. 
 fied statements J 
 
 Master liable in case of certain viola- 
 tions —29 Feb., 1888, s. 9; 25 Stat, 
 
 42. 
 
 TITLE LXVIII. 
 
 BANKRUPTCY. 
 
 Chapter Four. — Courts and procedure there- 
 in. 
 Offenses against bankruptcy laws, and J 1 July, 1898, s. 29; 30 Stat., 
 penalties for violation { 554. 
 
 TITLE LXIX. 
 
 INSURRECTION. 
 
 Trading in insurrectionary States, or certain 
 
 other places, without a license, etc. R. S., s. 5306. 
 
 Trading in captured or abandoned prop- 
 erty R. S., s. 5313. 
 
 TITLE LXXII. 
 
 PUBLIC PRINTING. 
 
 Chapter One. — Public Printer, duties, etc. 
 
 Public Printer colluding, etc., to de- ] R. S., s. 3784. 
 
 fraud United States \12 Jan., 1895, s. 33; 28 Stat, 
 
 J 605. 
 Public Printer or other employee having | R. S., s. 3765. 
 
 interest in contracts for paper or \ 12 Jan., 1895, s. 34 ; 28 Stat, 
 other material for public printing J 605. 
 
 TITLE L XXIII. 
 
 HOMES FOR VETERANS. 
 
 Chapter Two. — The National Home for Dis- 
 abled Volunteer Soldiers. 
 Trespassing upon, or violating rule for 1 22 Mar., 1906, ss. 2, 4 ; 34 
 the Government of Battle Mountain \ Stat., 83. 
 Reserve, South Dakota J 
 
 TITLE LXXIV. 
 
 PENAL AND REFORMATORY INSTITUTIONS. 
 
 Chapter One. — Custody and transportation 
 of prisoners. 
 
 Hiring out United States convicts 22 Feb., 1887, ss. 1, 2; 24 
 
 Stat, 411.
 
 Appendix. 961 
 
 Chapter Three. — Reform School for Boys. 
 
 Enticing away or harboring escaped in- j 3 May, 1876, s. 11 ; 19 Stat., 
 mates of Reform School for Boys — ( 51. 
 
 TITLE LXXV. 
 
 HOSPITALS, ASYLUMS, AND CEMETERIES. 
 
 Chapter One. — The Government Hospital 
 for the Insane. 
 Making false affidavit as to insanity of 
 
 person, or physician making false cer- 27 Apr. 1904, s. 6 ; 33 Stat.. 
 tificate i 318. 
 
 Chapter Three. — National cemeteries. 
 
 Defacing national cemetery by destroy- 
 ing, mutilating, etc., any monument, 
 grave-stone, etc., or breaking or in- 
 juring any tree, shrub, etc. R. S., s. 4881. 
 
 TITLE LXXV I. 
 
 NATIONAL MILITARY PARKS. 
 
 19 Aug., 1S90. s. 10; 26 Stat.. 
 
 335. 
 
 27 Dec. 1S94, s. 7; 2* Stat., 
 
 598 
 Defacing National Military Park-Injuring ^ s ,. g 
 
 monument — Injuring trees and shrubs, or ! „_ 9 
 
 fence or inclosure | ? £ r ^ s _ 1; 29 gtat> 
 
 J 21 Feb., 1899, s. 7; 30 Stat.. 
 
 Hunting or trapping on National Military 
 
 Park ___3 Mar.. 1897, s. 2; 29 Stat.. 
 
 621. 
 Unlawfully refusing to give up possession \ 3 Alar.. 1897, s. 4; 29 Stat., 
 
 of land in park leased for other purposes \ 621. 
 
 TITLE L X X V I I . 
 
 NATIONAL PARKS. 
 
 Rules concerning hunting and fishing, and] 7 May. 1894, s. 4; 28 Stat.. 
 
 preservation of natural objects in Yellow- \ 73. 
 
 stone Park, and penalties for violation J 
 
 Laws of Wyoming made applicable to Yel- ] 7 May. 1894, s. 5 ; 28 Stat., 
 
 lowstone Park in certain cases not pro- \ 73. 
 
 vided for in the United States laws j 
 
 Unlawful settlement or residence, etc., in S 22 May. 1902, s. 3 : 32 Stat.. 
 
 Crater Lake Park / 203. 
 
 Trespassing on Wind Cave National Park 9 Jan., 1903. s. 6; 32 Stat., 
 
 766. 
 Molesting or destroying buildings, relics, or { 29 June. 1906, ss. 3, 4; 34 
 
 ruins in Mesa Verde National Park \ Stat., 617. 
 
 Trespassing upon or injuring buildings or \ 21 Apr.. 1904, s. 18; 33 Stat.. 
 
 springs in Piatt National Park { 220. 
 
 61
 
 INDEX 
 
 A. 
 
 ABATEMENT, plea, illegally secured evidence, 8; 41; 44; 45. 
 
 ABORTION, see postal offenses; also 561. 
 
 ACKNOWLEDGMENT, forged, 349; 770. 
 
 ACCESSORIES, 653. 
 
 ACCOMPLICE, 118; white slave, 635; accessories, 653. 
 
 ADMIRALTY RULES, 233. 
 
 ADVERTISEMENT— on U. S. Security and in resemblance of, 265; 270. 
 
 ADULTERY, 563. 
 
 AGRICULTURE— secretary — future trades, 673; powers of, 674; stock- 
 yard regulations, 675. 
 
 AID AND ABET, postmaster, 215; generally, 652; see National Banks. 
 
 ALIBI, 233. 
 
 ALIENS, 115-118; deported for certain practices, 634. 
 
 ALIEN PROPERTY ACT, 233. 
 
 ALASKA COURTS, 119. 
 
 AMENDMENT TO CONSTITUTION, 1-4; adopted how, 4. 
 
 ANIMAL INDUSTRY— BUREAU, employees, interfering with, 390; 
 783; transportation of, 454. 
 
 ANTI-PASS-LAW, 453. 
 
 APPEAL AND WRIT OF ERROR, 119; 120; 125; 143; 233. 
 
 APPENDIX, 755-911, Penal Code. 
 
 APPROPRIATION— Contract in excess of, 320; 797. 
 
 ARRAIGNMENT, 49. 
 
 ARREST OF JUDMENT, 234. 
 
 ARSON, murder, etc., see Postal Crimes, 179; 181; what is, etc., 540. 
 
 ARGUMENT, improper, 69; 72; 75; 242. 
 
 ARMY & NAVY, 120; 234; to serve against U. S., 411; officers, quali- 
 fications to vote, 441; enticing to desert, 776; see United States. 
 
 ASSISTANT DISTRICT ATTORNEY, 111. 
 
 ASSIGNMENT OF ERRORS, 119; 120; 122; 125; 143. 
 
 ASSAULT TO COMMIT MURDER, rape, robbery, etc., 536. 
 
 ATTEMPT TO COMMIT MURDER, or manslaughter, 537.
 
 964 Index. 
 
 AUDITOR — Postoffice Department, transcript from, evidence, 227. 
 AUTOMOBILE, theft, interstate, 462. 
 
 B. 
 
 BAIL, no excessive, 4; bail bond, penalty remitted, 6; 49; during trial, 
 50; 51; forfeiture and relief, 51; 100; after affirmance, 101; matter 
 of discretion, when, 101; 102; voluntary giving no defense, 102; 
 see supersedeas, 
 
 BANKS, see National Banks. 
 
 BANKER, receiving deposit from disbursing officer, 318; 796. 
 
 BANKRUPT — offenses — act, 610; decisions, 612; corporation, 614; part- 
 nership, 617; failure to pay over money, 618. 
 
 BAWDY HOUSE, 235. 
 
 BID, forgery, 340; to prevent bid on government land, 782. 
 
 RILL OF ATTAINDER, 3. 
 
 BILL OF LADING, fraudulent, 213. 
 
 PILL OF PARTICULARS, 122. 
 
 BIRDS — importation of, migratory, etc., 454; 456; Hunting and eggs, 
 
 677; 791; pigeons, 678. 
 
 BODY— of offender, 652. 
 
 BOND, see bail; forgery of, 340. 
 
 BRIBERY, 306; judge or judicial officer, 306, 809; 810; member of 
 Congress, 309; 324; 800; officer, 331; U. S. officer, 374; 775; 804; 
 see officer; see Congress, juror, referee, etc., 810; witness, 810. 
 
 BUTTER, adulterated, 235; see Int. Rev. 
 
 C 
 
 CARRIER — see Common Carrier. 
 
 CKNSUS— offenses, 685. 
 
 CHECKS, falsely certifying, 591; see National Banks. 
 
 CHALLENGES, 52. 
 
 CHARGE OF COURT, 89. 
 
 CHARGE ON GOOD CHARACTER, 86. 
 
 ' MFLD LABOR LAW, 235. 
 
 CHINAMEN, 115; 118. 
 
 CITIZENSHIP— certificate of— forgery, 397; falsely claiming, 402; 789; 
 false oath in naturalization, 403; civil rights, conspiracy to injure, 
 128. 
 
 CIVIL RIGHTS- conspiracy to injure, 428; right to labor, 433; voting, 
 137; right to inform of violation of law, 438; right of one in
 
 Index. 965 
 
 custody to protection, 438; other crimes against, 440; depriving 
 under color state law, 440; conspiracy to prevent holding office. 
 441; troops at election, 441; intimidation of voters, etc., 441; con- 
 spiracy against, 763; 764; 766. 
 
 CIVIL SERVICE — forgery of examination, 344; cohabitation — unlaw- 
 ful, 562. 
 
 CLAIMS — taking papers relating to, 377; 775; persons interested in. 
 not to act as U. S. agent, 377; 776; 800. 
 
 CLAYTON ACT, 136-141; 235. 
 
 CLERK, of court — loan from, 320; see court officers. 
 
 COINS, 267-270; 271; 272; 273. 
 
 CODE, judicial, 25. 
 
 CODE, penal, 755. 
 
 COMMENTS, District Attorney, 69; court, 80; by court, 91; by court, 
 93. 
 
 COMMON CARRIER, not to collect purchase price, 452; see also 
 explosives; interstate commerce; falsifying accounts of, 693. 
 
 COMMON LAW, no jurisdiction, 22; offenses, 236. 
 
 COMMISSION— accepting foreign, 758. 
 
 COMMISSIONER OF INTERNAL REVENUE, certain regulations by, 
 
 247. 
 
 COMMISSIONER, U. S., 27. 
 
 COMPENSATION, illegal, postmaster, 214; civil remedy, 215. 
 
 COMPROMISE, 569. 
 
 COMMUNIST PARTY, 117. 
 
 CONFEDERATE MONEY, 259. 
 
 CONFESSION, 58; 239. 
 
 CONGRESS— members of, accepting bribe, 309; 324; 800; 801; 802; 
 see political elections, 676; contracts, interest in, 802-803. 
 
 CONSPIRACY— to intimidate witness, party, officer, juror, 301. 
 757; to injure citizens civil rights, 428. 
 
 CONSPIRACY— against U. S„ 362; 773; venue, 367; seditions, 411; 
 
 CONSOLIDATION OF INDICTMENTS, 53; 56. 
 
 CONSTITUTION, U. S. 1; Art. V. 1; Art. VI 1-2; Art. Ill 2; Art. 1. 
 sec. 8; 2; power granted and result, 2; guarantees, 3-22; violation 
 of, presumes injury, 4. 
 
 CONTEMPT, 4; 29; 35. 
 
 CONTINUANCE, 126. 
 
 CONTRACT LABORERS IMPORTED, 117. 
 
 COPYRIGHT, wilful infringement, 682. 
 
 CORRESPONDENCE— criminal, 680; 756.
 
 966 Index. 
 
 CORPORATION, indictment of, 123; must not contribute money to 
 politics, 404; 791; contributions by, 678. 
 
 CORRUPTION — conviction not to work, 643. 
 
 CORPUS DELICTI, 236. 
 
 COTTON, future contracts, 463. 
 
 COSTS, court, in criminal cases, 237. 
 
 COUNSEL, advice of, 236. 
 
 COUNSEL, right to, 4. 
 
 COUNTS, 56. 
 
 COUNTERFEITING; M. O. 220; postage stamps, domestic or foreign, 
 223; plates for, 251; having possession of, 251; U. S. securities, 
 255; Nat. Bank notes, 258; confederate money, 259; other securities 
 and State Bank notes, 259; knowledge, 261; bills expired corpora- 
 tion, 263; mutilating, etc., 264; advertisements, 264; gold or silver 
 bars, 267; similitude, 268; minor coins, 270; coins resemblance, 271; 
 devices for minor coins, 272; dies, etc., 273; to be forfeited, 274; 
 search warrant, 275; see forgery; weather reports, 337; weather, 
 390; 783; all sorts of monies, 816. 
 
 COURTS, birth and jurisdiction, 25; what is, 27; comments by, 80; 91; 
 instructions of, 89; postal crimes in, 149; meaning of, 245; state, 
 248; state, 644; see, also, state laws; embezzlement by officers of, 
 675. 
 
 COURT OFFICERS— see officers. 
 
 CRIMES, infamous, misdemeanors, 9; 10; controlled by Federal stat- 
 utes and courts, only, 21; 22; postal, 147; statutes, 753. 
 
 CRIMINAL INTENT, 242. 
 
 CROP — reports information as to, 336. 
 
 CROP REPORTS, 806; see officer. 
 
 CROSS EXAMINATION, 237. 
 
 CUSTOMS — forging certificate of entry etc., 390; concealment of in- 
 voices, 391; admitting merchandise at less than legal duty, 394; 
 false samples, 395; false certifications, 396; collector of, to detain 
 vessels, when, 425; see smuggling. 
 
 D. 
 
 DATE, in indictments, 238. 
 
 DECOYS, 159-160; 163; 237; 240. 
 
 DEFENDANT, indigent, process for, 19; trial of, while serving term, 
 248. 
 
 I >K PENDANT, failure to testify, 71; 76. 
 
 DEED, power of atty, etc., forging, 344. 
 DK.MAND ON DEF'T FOR EVIDENCE, 238. 
 INSERTER, see Army & Navy.
 
 Index. 967 
 
 DISBURSING OFFICER— offenses by, 793; see officers; see public 
 
 money; deposit from, 796. 
 
 DISBURSING OFFICER— embezzlement by, 315. 
 
 DISCHARGE, see Army & Navy. 
 
 DISQUALIFICATION OF JUDGE, 129. 
 
 DISTRICT ATTORNEY— improper argument, 69; 72; in grand jury 
 room, 77; 242. 
 
 DOCUMENTARY, evidence secured illegally, practice, 65. 
 
 DOUBT, reasonable, 154. 
 
 DYNAMITE, etc., not to be carried, 443. 
 
 DUPLICITY, 57; 154. 
 
 DUE PROCESS OF LAW, 4. 
 
 DUNS ON POSTAL CARDS, etc., 187. 
 
 DURESS, 239; see confessions. 
 
 DWELLING, private, entry and search, 5-22. 
 
 DYING DECLARATIONS, 19. 
 
 E. 
 
 EDITORIALS, paid, 180. 
 
 EIGHT HOUR LAW, 239. 
 
 EIGHTEENTH AMENDMENT, 476. 
 
 ELECTIONS— primary, 442. 
 
 EMBEZZLEMENT, postal funds, 225; different species, 315; disbursing 
 officer, 315; prima facie evidence of, 317; 795; Internal Revenue 
 officer, 319; arms, stores, etc., 360; 773; bank, 596; 598; 796; by 
 court officers, 675; public money, 685; 778. 
 
 EMPLOYEES, federal, injured and compensated, 240. 
 
 ENLISTING IN FOREIGN SERVICE, or against U. S., 757; 758. 
 
 ENTICING — desertions, 378; 776; away workmen, 378; 777. 
 
 ENTRAPMENT, 159-160; 163; 237; 240. 
 
 ERRORS, assignment, etc., 119; 120; technical, 122; 125; 143. 
 
 ESPIONAGE ACT, 181. 
 
 EXAMINATION, cross, 237. 
 
 EXCEPTIONS, in statutes, 241. 
 
 EXECUTION — see prisoner — recruiting prisoner, 813. 
 
 EXPATRIATION, 117. 
 
 EXPERT, testimony, 240.
 
 968 Index. 
 
 EXPLOSIVES, in mails, 231; in interstate commerce, 443; 444; I. C. 
 Commission to make regulations about, 445; nitro-glycerine, etc., 
 445; marking pkgs, 446; death by, 446. 
 
 EX POSTO FACTO LAW, 3. 
 
 EXTORTION— Internal Revenue informers, 305; by any officer, 311; 
 793. 
 
 EXTRADITION, 3; 127; 547. 
 
 EVIDENCE, secured illegally and return of, 5-22; illegallly secured 
 is inadmissible, 5-22; against self, 13; illegal before grand jury, 
 44; destruction of, may be proven, 44; confessions, 58; secured 
 illegally, 63; 65; method for recovering illegally secured, 67; no 
 right to compel deft, to produce, 68; of good character, 85; of 
 other offenses, 86; 113; handwriting, 145; postmark, 177; of postal 
 funds, transcript, of auditor admissible, 227; demand on defendant 
 for, 238; demurrer to, 238; refreshing memory, 246; of embezzle- 
 ment, 317. 
 
 F. 
 
 FALSE BILLING, 243. 
 
 FALSE CERTIFICATE BY OFFICER, 322; 799. 
 
 FALSE CLAIMS, 354; 772. 
 
 FALSE CLAIM FOR DAMAGES TO SHIPMENT, 243. 
 
 FALSE DEMAND— or power of attorney, 354; 771. 
 
 FALSE IMPRISONMENT, void warrant, 5. 
 
 FALSE PERSONATION, holder public stocks, 353; 771. 
 
 FALSELY PRETENDING TO BE U. S. OFFICER, 350; 771; 784. 
 
 FALSE RETURNS, to increase postoffice revenue, 213. 
 
 FARM LOANS STATUTES, 676. 
 
 FEDERAL EMPLOYEES, injured and compensated, 240. 
 
 FEDERAL STATUTES ALONE CONTROL, 21; 22. 
 
 FEDERAL TRADE COMMISSION, 138. 
 
 FEDERAL TERRITORY— offenses, 525; defined, 526; ceded to U. S., 
 526. 
 
 FELONY, misprision of, 305; what is, 653. 
 
 FICTITIOUS NAME, postal crime, 202. 
 
 FILTHY, see Postal crimes. 
 
 FINE — abated by death, recovery, creditor's bill, 101. 
 
 FOOD AND FUEL— hoarding of, 676. 
 
 FOOD AND DRUGS— Act, 619; criminal sections, 619; decisions, 620; 
 misbranded, 626. 
 
 FORGERY — see counterfeiting, signature of judge, etc., 297; letters 
 patent, 339; 768; bond, bid, public record, 340; 768; civil service.
 
 Index. 90!) 
 
 344; false claims, 344; deeds power of attorney, etc., 344; 769; 
 papers, in possession, 349; 770; acknowledgments, 345; 770; cus- 
 toms certificate, 390; certificate of citizenship, 397; 398; 787; 
 weather forecast, 783; land warrant, 7S6; ship's papers, 786. 
 
 FOREIGN GOVERNMENT— criminal correspondence with, 410; ac- 
 cepting foreign commission, 415; see neutrality; foreign vessels to 
 deport, 424; criminal correspondence with, 680. 
 
 FORNICATION, 565. 
 
 FORTIFICATION, etc., injuries to, 379; military reservation entering, 
 379. 
 
 FORMER CONVICTION OF WITNESS, 112. 
 
 FORMS — for indictment; embezzlement, 694; 710; misconduct officers 
 ship, 695; conspiracy to violate lottery statute, 696; conspiracy to 
 deny civil rights, 698; peonage, 699; 700; 721; polygamy, 701; I. 
 R. C. D., 701; olemargarine, 702; conspiracy to plunder vessel, 703; 
 government timber, 703; bribery, 705; larceny, 705; 708; natural- 
 ization, 706; 708; subornation of perjury, 706; murder, 708; falsely 
 certifying checks, 709; pretending officer, 711; conspiracy v. U. S., 
 712; obscene matter, 713; breaking into P. O., 713; fraudulent use 
 of mail, 714; 735; false returns by P. M. to increase compensation, 
 715; perjury, 716; 717; forgery National Bank notes, 719; counter- 
 feiting, 719; coins, 720; receipting for larger sums, 721; meat 
 inspection law destroying or altering tags, 727; Department 
 Agriculture tags, 728; harboring prostitutes, 729; violating qiiar 
 antine Act, 731; conspiracy to violate White Slave Act, 739; 
 Jack Johnson indictment white slave, 740; for writ of error, 747. 
 
 FRAUD ORDER, 247. 
 
 FRAUDULENT USE OF MAILS, 188; 247; fraud order, 247. 
 
 FREE WHITE PERSON, 116. 
 
 FREE SPEECH, 241. 
 
 FUTURE TRADING ACT, 666; tax on options, etc., G67. 
 
 G. 
 
 GOLD OR SILVER BARS— counterfeiting, 267. 
 
 GOOD CHARACTER, 85; 88. 
 
 GOVERNMENT— our systems, 427. 
 
 GRAIN— future trades, 666. 
 
 GRAND JURY, 20; 27; 36; evidence before, 40; political complexion. 
 43; returned in what district, 43; illegal evidence before, 44; 
 District Attorney in room, 77; misconduct, 77; improper person in 
 room, 109; hearsay testimony before, 111. 
 
 GUILTY, court cannot instruct, 233. 
 
 H. 
 
 HABEAS CORPUS, not suspended, 3; 104; military and state courts, 
 105; not used is writ of error; to state court, 241.
 
 970 Index. 
 
 HANDWRITING, comparison, etc., rule, 145. 
 
 HARD LABOR, 654. 
 
 HARRISON LAW, see opium. 
 
 HEARSAY TESTIMONY BEFORE GRAND JURY, 111. 
 
 HEPBURN ACT, 242. 
 
 HIGH SEAS, decisions and crimes, 558. 
 
 HOARDING OF FOOD AND FUEL, 676. 
 
 HOMICIDE, 530. 
 
 HUSBAND CANNOT BE WITNESS FOR WIFE, 248. 
 
 HUNTING BIRDS AND TAKING EGGS, 677; 791. 
 
 I. 
 
 ILLEGAL SEARCH, 5-22. 
 
 IMMIGRATION ACTS, 116. 
 
 IMMUNITY OF WITNESS, 13-22; 5; 13; 107; promises of, 247. 
 
 IMPEACHMENT OF VERDICT, 53; 54. 
 
 IMPROPER ARGUMENT, 69; 72. 
 
 IMPROPER PERSON IN GRAND JURY ROOM, 109. 
 
 IMPRISONMENT, FALSE, void warrant, 5; for debt, not allowed, 233; 
 where, 654. 
 
 INCEST, 564. 
 
 INCOME TAX, 242. 
 
 INDECENT, see postal crimes. 
 
 INDIGENT DEFENDANT, process for, 19; 121; 144. 
 
 INDIAN, 242. 
 
 INDIAN COUNTRY— intoxicating liquors in, 682. 
 
 INDICTMENT, 4; copy of, furnished, when, 21; 36; 40; return of, 
 etc., 38; 54; motion to quash, 41; 43; 44; defect in, after verdict, 
 44; motion to quash, additional, 45; consolidation of, 53; endorse- 
 ment of, 55; 56; courts in reference to each other, 56; place of 
 finding, 56; presence of judge, 56; duplicity, 57; of corporation, 
 123; date in, 238; negativing exceptions, 241; unknown, 248. 
 
 INFORMATION, 10; 36; 42; 45. 
 
 INJUNCTION, 242; 248. 
 
 INSANITY, from drugs or liquors, 244. 
 INSURANCE— war risk, 679. 
 INSTRUCTIONS OF COURT, 89.
 
 Index. 971 
 
 intent, criminal, 242. 
 
 INTEREST, on criminal judgment, 242. 
 
 INTERNAL REVENUE, see butter; officer; embezzlement by, 319; 
 796; extortion by, see extortion; resisting officer of, destroying, 
 etc., property, 391; 784; presents to officer, 393; 784; offer of 
 compromise, 569; tax paid first, 570; partnerships, 57; must ex- 
 hibit stamps, 571; rectifiers, dealers, etc., 572; "business," 572; 
 C. O. D., 573; cases, 575; proof of license, 577; distiller, 577; 
 breaking locks, signs, etc., 578; concealment, books, etc., 579; 
 stamps off emptys, 580; reuse packages, etc., 581; removing, etc., 
 582; olemargine, 583; see intoxicating liquors; see Volstead Act; 
 see officer; pretending to be Revenue officer, 784. 
 
 INTERSTATE COMMERCE— witness as before, immunity, 17; false 
 billing and false claim for damages to, 243; 443; explosive, reg- 
 ulations, 445; liquors, 449; wild animals, birds, reptiles, etc., 454; 
 transportation of animals, etc., 456; 457; 458; obscene matter, 458; 
 theft of goods in, 460; auto, 462; cotton futures, 463; regulations 
 of, 471; commission, 471; carrier falsifying accounts, 693. 
 
 INTIMIDATION OR CORRUPTION OF WITNESS, or juror or officer, 
 297. 
 
 INTOXICATING LIQUORS, to Indians, 243; interstate shipment of. 
 marks, etc., 449; common carrier not to collect, etc., 452; marking 
 packages, 453; history of acts, 475; see internal revenue, also 
 Volstead Act; in Indian Country, 682. 
 
 J. 
 
 JUDGE, absence of, 56; improper emphasis, 75; comments and atti- 
 tude of, 80; 83; disqualification of, 129; intimidation or corrup- 
 tion, 297; bribery of, 306. 
 
 JUDGMENT, arrest of, 234; interest on criminal, 242. 
 
 JUDICIAL CODE, 25. 
 
 JEOPARDY, 11; 19. 
 
 JURISDICTION— see state laws — state courts— U. S. courts; constitu- 
 tional provisions. 
 
 JURORS, grand and petit, 20; 27; 36; 44; challenges, 52; jury trial, 
 priceless, 77; waiving of, etc., 79; drawing of, 80; care of, 83; 
 setting aside verdict, 85; corruption or intimidation of, 297; at- 
 tempt to influence, 302; 812; bribery, 306; 810. 
 
 K. 
 
 KIDNAPPED — person, bringing into U. S., 523. 
 KNOWLEDGE, postal violations, 168-177; counterfeiting, 261. 
 
 LABOR, Eight Hour Law, 239; enticing away workmen, 378; injuries 
 to fortifications, 379; right to, 433; importing contract labor, 636; 
 see Hard Labor. 
 
 LANDS, public, 245; to prevent hids on, 782.
 
 972 Index. 
 
 LAND SCHEMES, fraudulent, 210; 212. 
 
 LARCENY, 541; see theft; see embezzlement. 
 
 LETTER CARRIERS, 246. 
 
 LETTERS PATENT— forgery of, 768; 339. 
 
 LEVER ACT, 5; 245. 
 
 LIBEL — not federal offense, 543. 
 
 LIBELOUS, indecent wrappers, postal crimes, 182. 
 
 J. IMITATIONS, 134; 689. 
 
 LIQUORS, soliciting ads, 231. 
 
 LOAN COMPANY, fraudulent, 210; 212. 
 
 LOTTERY, etc., postal crimes, 204. 
 
 M. 
 
 MAIL, postal violations, see postal crimes; carrying illegally, 231. 
 
 MANDAMUS, to compel U. S. court, 246. 
 
 MANSLAUGHTER, 534; 536; attempt to, 537. 
 
 MARRIAGE CERTIFICATE— failure to record, 564. 
 
 MARSHAL, U. S. and deputies, appointment, etc., 246. 
 
 MATERIALITY— wilfulness— in perjury, 282. 
 
 MEMORY, refreshing, 246. 
 
 MILITARY — see Army & Navy; injuring fortification — entering reser- 
 vation, etc., 379; 777; see reservation; land warrant, forgery, 786. 
 
 MINOR, see Army & Navy. 
 
 MISAPPLICATION, see National Banks. 
 
 MISAPPROPRIATION, of postal funds, 225. 
 
 MISDEMEANORS, what are, 653. 
 
 MISPRISION— of felony, 305. 
 
 MONEY ORDER, issuing without money, 219; counterfeiting, etc., 220. 
 
 MONEYS— public— offenses as to, 315; 316; failure to keep, to ac- 
 count, to deposit, etc., 316; embezzlement of deposit, 685. 
 
 MONOPOLY, 136-141; 235. 
 
 MONUMENTS— government— destroying, etc., 781; see military; see 
 reservation; fences; gates, etc., 781. 
 
 MORAL TURPITUDE, 115. 
 
 MOTION TO QUASH, 246. 
 
 MURDER, 530; 536; assault to commit, 536; attempt to, 537. 
 MURDER, arson, etc., postal crimes, 179; 181.
 
 Index. 973 
 
 MUTILATING, etc., IT. S. Security, 264. 
 MUTINY, 548. 
 
 N. 
 NARCOTIC— see opium. 
 
 NATIONAL BANKS, 589; Federal Reserve, 590; 608; aiding and 
 abetting, 591; falsely certifying checks; wilfully, 595; acting by 
 others, 595; embezzlement, etc., 596; 598; false enteries, 599; 
 abstraction, 600; misapplication, 601; books admission, 606; sec. 
 5200, 609. 
 
 NATURALIZATION— false personation, etc., 398; using false cer- 
 tificate or denying citizenship, etc., 400 as evidence of right to 
 vote, 401; false oath in, 403; 790; provisions for all courts, 404; 
 to cancel certificate, 404. 
 
 NEW TRIAL, 133. 
 
 NEWSPAPER, paid "ads" etc., 180; false affidavit as to circulation, 
 
 246. 
 
 NEUTRALITY — offenses against, 413; President's power to enforce, 
 414; accepting foreign commission, 415; enlisting in foreign serv- 
 ice, 415; arming vessels against people at peace with U. S., 416; 
 augmenting" force of foreign vessel of war, 419; military ex- 
 peditions against people at peace with U. S., 420; enforcement of! 
 neutrality acts, 423; compelling foreign vessels to deport, 424; 
 armed vessels to give bond on clearance, 424; detention by col- 
 lector of customs, 425; construction of these acts, 426. 
 
 NITRO-GLYCERINE, etc., not to be carried, etc., 445. 
 
 NOLO CONTENDERE, 131. 
 
 NOTARY PUBLIC NOT KNOWN TO U. S., 47. 
 
 NOTES, of less than dollar, 266. 
 
 O. 
 
 OATH OF OFFICE, postal, 213. 
 
 OBSCENE, etc., matter, 168; see postal crimes, 177; in interstate com- 
 merce, carrier, 458; 561; 798; aiding in trading in. 
 
 OBLIGATION— or security of U. S., 249; 815. 
 
 OBSTRUCTING — process, etc., 289; advice may be, 294. 
 
 OFFICER— intimidation or corruption of, 297; bribery of, 306; 804; 
 who is, 307; extortion by, 312; 793; receipting for larger sums 
 than paid, 3; 4; 793; disbursing officer embezzling, 315; 318; 793; 
 embezzlement by, 319; contract by excess appropriation, 320; 
 failing to deposit funds of U. S., 320; receiving loan from clerk, 
 etc., of court, 320; 797; failure to make report or return, 321; 
 trading in obscene literature, 321; forbidding to trade public 
 funds, 321; 798; making false certificate, 322; 799; illegal fees, 
 322; pension agent taking fees, 322; 799; not interested in claims 
 v. U. S., 323; bribery of, 331; 775; decisions bribery, 333; po- 
 litical contributions, 334; giving out advance information of re-
 
 974 Index. 
 
 port on crop, 336; 806; false statistics, 337; 806; counterfeiting 
 weather forecasts, etc., 337; pretending to be, 350; bribery of, 
 374; 809; who is, 376; resisting, 391; pretending to be, 391; 784; 
 offering presents to, 393; taking property from revenue officer, 
 397; disqualification from holding, 442; embezzlement by court 
 officers, 675; 797; render account of money, 794; failing to make 
 returns, 798; obscene matter, 798; witness fees, 799; false cer- 
 tificate, 799; steamboat inspector, 799; must not claim v. U. S., 800. 
 
 OLEOMARGARINE, 583. 
 
 OPINION OF COURT, 80-91; 93. 
 
 OPIUM, 464; decisions, 509; 627; constitutional, 629. 
 
 ORDERING GOODS, no intention to pay, postal crime, 192. 
 
 ORDINANCE — purchase, sale or disposal of, 412. 
 
 OTHER OFFENSES, 86; 113. 
 
 OUTSIDE COVER, or wrapper, postal, what is, 185. 
 
 P. 
 
 PACIFIC ISLANDS, sale of arms or intoxicants, 557. 
 
 PANDERING, see white slave. 
 
 PARDON, cannot compel acceptance of, 17; power to, 651; acceptance r 
 of and power, continued, 651; see parole. 
 
 PAROLE, see pardon; see punishment; see sentence; acts relating to, 
 655; 688. 
 
 PARTICULARS, bill of, 122. 
 
 PASSPORTS, 246. 
 
 PASSENGERS— customs duties, 658. 
 
 PASS ANTI LAW, 459. 
 
 PATENT, 'etters, forgery of, 339; 768. 
 
 I'AUPER, defendant, process, 19; 120; 144; witness for, 655; right 
 of appeal, 655. 
 
 PERJURY, 277-807; form of oath, 277; competent tribunal, etc., 278; 
 must be authorized, 280; U. S. Com., 281; materiality and wil- 
 fulness, 282; indictment, 284; proof, 285; cases, 286; subornation 
 of, 287; 808; elements, 288. 
 
 PENAL CODE, 755— appendix— 755-911. 
 
 PEONAGE, 520; see slaves; obstructing peonage law, 526. 
 
 PIGEONS, homing, 678. 
 
 PILLORY— abolished, 644. 
 
 PIRACY, 544; 545; 555; 556; 557. 
 
 PLATES, counterfeiting, 251.
 
 Index. 975 
 
 poison in mails, 231. 
 
 political complexion of grand jury, 43. 
 
 POLITICAL CONTRIBUTIONS, 334; 678; 686; 804; 805; soliciting in 
 public buildings, 687; 805. 
 
 POLITICAL ELECTIONS, corporations not to contribute to, 404; 
 political contributions, publicity, 655; contributions to influence 
 election of Congressmen, 676; 678. 
 
 POLYGAMY, 562. 
 
 POOR, see pauper. 
 
 POSTAL CRIMES, 147; 149; breaking and entering P. O., 149; postal 
 car, postal clerk, 152; robbing, assaulting carrier, letter boxes, 
 etc., 153; obstructing mail, 155; mail on train, 156; ferryman, 157; 
 detaining or destroying newspapers, 157; detaining or destroying 
 mail, 158; opening another's mail, 158; 164; decoys, 159-163; 
 stealing, etc., mail, 164; injury to letter boxes, 153 and 164; mail 
 protected, 168; obscene matter, 168; prevention, abortion and con- 
 ception, 168-177; scurrilousness, 177; knowledge, 177; indecent, 
 filthy, 168-188; arson, murder, assassination, 179; 181; prize figlu 
 films, 179; paid editorial to be marked "ad," 180; libelous, in- 
 decent wrappers, etc., 182; outside cover or wrapper, 185; duns, 
 postal cards, etc., 187; fraudulent use of mail, 188; threatening 
 letter, 191; fictitious names, 202; lottery, 204; postmaster not to be 
 lottery agent, 213; oath of office, failure to take, no defense, 213; 
 false return to increase compensation, 213; civil remedy, com- 
 pensation, 215; unlawful postage, 216; stamps, unlawful sale or 
 pledge of, 216; stolen property, possession of, 218; failure to 
 account for postage and to cancel stamps, 218; money order, is- 
 sue without money, 219; conviction under one no bar to under an- 
 other, when, 220; counterfeiting M. O., counterfeiting postage 
 stamps, domestic or foreign, 223; misappropriation of funds, 225; 
 rural carriers responsible for funds, 228; stealing postoffice prop- 
 erty, 229; other offenses, 229; carrying mail illegally, 231; poisons 
 and explosives, 231; liquor, ads, 231; fraud order, 247; false 
 evidence as to second class mail, 680; cancelled stamps, etc., 681; 
 pension agent taking fees, 322. 
 
 PRACTICE, 23; 114. 
 
 PRELIMINARY PROCEEDINGS, 45. 
 
 PRESIDENTIAL WARRANT, 247; power to enforce neutrality, 414. 
 
 PREVENTION OF CONCEPTION, 168; see postal crimes. 
 
 PRIMARY ELECTIONS, 442. 
 
 PRINCIPALS, who are, 652; 653. 
 
 PRISONERS, 247; see sentence; allowing to escape, 303; 812; rescuing 
 or concealing, 304; 813; of executed, 305; 813; 814. 
 
 PRIVATE DWELLING, entry and search, 5; 22. 
 
 PRIVATE PROSECUTOR, 3. 
 
 PRIZE FIGHT FILMS, 179; 566. 
 
 PRIZE PROPERTY, delaying or defrauding captor or claimant, etc., 
 
 774.
 
 976 Index, 
 
 probable cause, 3. 
 
 PROCESS, stealing or altering, 288; obstructing, 289; 813; assaulting 
 officer, 289; 813; advice may be, 294. 
 
 PRODUCTION, documentary evidence, forced, 68. 
 
 PROHIBITION, statutes and searches and seizures, 8; see Volstead 
 Act. 
 
 PROPERTY, destroying or rescuing, 391; 778. 
 
 FROSTITUTES, harboring, 642; see white slave act. 
 
 PUBLIC LAND, 245; timber, 385; 386; 387; fires on, 388; breaking 
 fences, 388; monuments, 388; bids for, 389. 
 
 PUBLICITY, of contributions, 655. 
 
 PUBLIC MONEYS, embezzlement, etc., of 315; 316; 321; 777; 778 
 treasurer failing to keep, 794; custodians, 794; render accounts, 
 794; 797; failure to deposit, 795; 797; see embezzlement; see 
 officers. 
 
 PUBLIC MONEY, embezzlement, deposit of, 685; 778; disbursing 
 officer, converting, etc., 793. 
 
 PUBLIC RECORDS, stealing or destroying, 294; 809; by officer in 
 charge, 296; 809; forgery of, 340; 809. 
 
 PUBLIC STOCKS, false personation of holder, 350. 
 
 PUNISHMENT — forms, 643; no corruption of blood or forfeiture, 643; 
 whipping and pillory abolished, 644; state courts, 644; see sen- 
 tence; see verdict; body of offender, 652; hard labor, 654; imprison- 
 ment, 654; parole, 655; 688. 
 
 R. 
 
 RAILROADS, Interestate Commerce Commission, 471. 
 
 RAPE, 537; of female passenger on ship, 538. 
 
 REASONABLE DOUBT, 154. 
 
 REBELLION, 756; 757. 
 
 ROBBERY— or larceny, U. S. property, 379; 380; 540; 777. 
 
 RECEIPTING FOR LARGER SUMS THAN PAID, 314; 793. 
 
 RECEIVERS OP STOLEN PROPERTY, 382; 541; 778. 
 
 RECRUITING— soldiers or sailors to serve against U. S., 411. 
 
 REED AMENDMENT, 450; 475. 
 
 REGULATIONS, by Com. Int. Rev., 247. 
 
 REMOVAL, 48. 
 
 REPEAL OF LAW, right to prosecute, 247. 
 
 KKPTILES, importation, etc., 454. 
 
 RESERVATION— U. S. see military; also, 781; monuments, fences, 
 gates etc., 781; surveys, 781.
 
 Index. 977 
 
 REVENUE LAW, what is, 247; resisting officer, 391; presents to officer, 
 393; taking seized property, 397. 
 
 RURAL ROUTE, carriers, responsible for funds, 228. 
 
 S. 
 
 SAILORS— Shanghaiing, 679, 790. 
 
 SALE, what is, 247. 
 
 SEAMEN, the act, 247. 
 
 SEARCH WARRANT, 5-22; 275; see searches and seizures, 688; ship- 
 ment, false claim for damages to, 243; stamps, unlawful sale or 
 pledge of, 216; failure to cancel, 219; state court jurisdiction, 248. 
 
 SEARCHES AND SEIZURES, 3; 5-22; see search warrant; seizures, 
 venue, 692. 
 
 SECOND CLASS MAIL, evidence as to, 680. 
 
 SECURITY— of U. S., 249; 255; 258; mutilating or putting advertise- 
 ments, 264; 265; notes of less than one dollar not to be issued, 266; 
 to be forfeited, 274. 
 
 SEDUCTION, of female passenger, 538. 
 
 SENTENCE — correction — place, etc., 94; 97 resentencing, 99; 247; see 
 prisoners; see punishment; good behavior, 688. 
 
 SERUMS, 245. 
 
 SEVERANCE, 102. 
 
 SHERMAN LAW, 136-141. 
 
 SIMILITUDE— in counterfeiting, 251; 268. 
 
 SLAVES, 511; seizing, bringing into U. S. equipping vessel for, 513; 
 transporting, 514; hovering on coast with slaves aboard, 514; serv- 
 ing on vessel engaged in slave trade, 514; receiving or carrying 
 away person to be, 515; equipping vessel for, 515; continued, 
 516-520; peonage, 520; see white slave. 
 
 SMUGGLING, 657; passengers, 658; officers, 659; false samples, 664; 
 concealing or destruction of invoices, 664; 783; decisions, 664: 
 various offenses under these acts, 785. 
 
 SPEEDY TRIAL, 4. 
 
 SPEECH, free, 241. 
 
 STATE LAWS, punishment under, 542; 560; state courts, 644; conflict 
 with federal, 645; 649. 
 
 STEALING, postoffice property, 229; court process, 288; public records, 
 294; U. S. property, 379; 380; receivers of, 382; 541; 778. 
 
 STEAMBOAT— inspector— illegal fees, 322; 799. 
 
 STENOGRAPHER'S NOTES, 13; 44. 
 
 STOLEN PROPERTY, possession of, 218; receiving, 778; see other 
 "Property" Head. 
 62
 
 978 Index, 
 
 stockyard regulations, 675. 
 
 STRIKES, 248. 
 
 SUBORNATION OF PERJURY, 287; attorney suborning, 288; elements 
 of, 288. 
 
 SUBPOENA DUCES TECUM, 247. 
 
 SUPERSEDEAS, 119; 143; see bail. 
 
 SUSPENSION OF SENTENCE, 96. 
 
 SUPREME COURT, direct to, 119; 120. 
 
 SUPREME LAW, 1. 
 
 T. 
 
 TECHNICAL ERRORS, 122, 
 
 TELEGRAPH, telephone U. S. injuries, etc., 389; 678; 782. 
 
 TERRITORY CODE, 559. 
 
 TESTIMONY, expert, 241. 
 
 THEFT — see embezzlement, U. S. property; larceny; of goods in inter- 
 state shipment, 460; auto, 462. 
 
 THREATENING LETTERS — threats; see postal crimes, also, 191. 
 
 TIMBER— depredations, 383; 778; 779; 780. 
 
 TRADE COMMISSION, Federal, 138. 
 
 TRADING WITH THE ENEMY ACT, 248. 
 
 TRAIN ROBBERIES, 566. 
 
 TRANSPORTATION, government control, 248. 
 
 TREASON, 3; 5; 755; misprision of treason, 409; 755; seditious con- 
 spiracy, 411. 
 
 TREASURER— failing to keep public moneys, 794. 
 
 TRIAL, 3; 19: public, 26: constitutional, 26; 27; of defendant while 
 he is serving term, 248. 
 
 TRUST STATUTES, 136-141. 
 
 U. 
 
 UNITED STATES COMMISSIONER, 27. 
 
 UNITED STATES CONSTITUTION, 1. 
 
 UNITED STATES, recruiting soldiers or dailors to serve against— 
 enlistment against, 757; enlisting in foreign service, 758. 
 
 UNITED STATES, suits against, 248; vessels of, defined, 558; exclusive 
 jurisdiction, 649. 
 
 "UNKNOWN," in indictment, 248.
 
 Index. 979 
 
 cnlawful postage, 216. 
 '•unreasonable charge," 4; 643. 
 
 UNREASONABLE SEARCHES AND SEIZURES, 3; 5-22; 665; see 
 Volstead. 
 
 V. 
 
 VENUE, indictment returned where, 43; 56; change of, 248; 691; 
 civil and criminal, 691; seizures, 692. 
 
 VERDICT, impeachment of, 53; 54; setting aside, 85; 94; coercing of: 
 motion to direct, etc., 141; qualified, 652; see punishment. 
 
 VESSEL, punishment for bringing in improper immigrants, 117; se- 
 duction of passenger, 538; loss of life by misconduct of officer on, 
 etc., 538; what is, 539; mistreatment of crew, 546; mutiny, 548 
 abandonment of mariners, 551; to cast away, 552; plundering, 552 
 destroying, 554; running away with, 567; of U. S. defined, 558 
 penal provisions as to, see, 759; papers, 786. 
 
 VIRUSES, 245. 
 
 VOID WARRANT NO PROTECTION, 5; 68. 
 
 VOLSTEAD ACT, 476; penalties, 493; witnesses, incriminating, 494; 
 venue, 494; affidavit or indictment, bill of particulars, 495; posses- 
 sion of liquor, 495; private dwelling, 495; records, 496; liquor taxes, 
 compromising, etc., 496; employees to enforce, 498; industrial al- 
 chol, 499; property of non-violator, 499; tax free alcohol, denatur- 
 ing, etc., 502; decisions under act, 505; repeals some revenue laws, 
 506; conflict of state and federal under act, 645. 
 
 VOTE — false certificate of citizenship used, 401; 789; right to, 437; 
 intimidation of voters, soldiers at polls, 441; officers of army and 
 navy, 44. 
 
 W. 
 WAIVING OF JURY, 79. 
 
 WARRANT, issue only upon probable cause, etc., 3; search warrant, 
 5-22; void warrant no protection, 5; 268; to issue when, 46; by 
 President, 247; 688. 
 
 WAR— INSURANCE, 679. 
 
 WEATHER FORECASTS, counterfeiting, etc., 337; 390. 
 
 WHITE SLAVE, act, 631; decisions, 632; pandering, 636; act, 638; 
 decisions under both acts, 639; wife witness, when, 640; harboring 
 prostitutes, etc., 642. 
 
 WHIPPING— abolished, 644. 
 
 WIFE, cannot be witness for husband, 248; see White Slave, 640. 
 
 WILFULNESS— in perjury, 282; Bank violations, 595. 
 
 WITNESS— confronted by, 4; 19; 20; process for, 4; treason, 5; against 
 self, 13; competency of governed by U. S. law only. 21; 22; former 
 conviction. 112; wife, 248; husband, 248; corruption or intimida-
 
 980 Index. 
 
 tion of, 297; 811; bribery of, 308; 811; fees of, must not trade in, 
 321; 799; for pauper, see pauper. 
 
 WORKMAN— enticing away, 378. 
 
 WRITING, handwriting, 145. 
 
 WRIT OF ERROR, 119; 120; 125; see errors and assignment of error, 
 143; right of paupers to, 655; forms for, 747.

 
 III1II^ 1VV,H1 
 
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 University of California Library 
 Los Angeles 
 
 This book is DUE on the last date stamped below. 
 
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