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as an agent or attorney for prosecuting any claim against the United States, or in any manner, or by any means, otherwise 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 imprisoned not more than one year, or both. Sec, 109, act of Mar. 4, 1909 (35 Stat. 1107); 18 U. 8. C. 198.

Officers of the National Guard of the United States and officers of the Officers' Reserve Corps, while not on active duty, and members of the National Guard of the District of Columbia, are not to be deemed officers or employees of the United States or persons holding any office of trust pr profit or discharging any official function under or in connection with any department of the Government of the United States. See 1323a, 1361, post; 707, ante.

By act of April 14, 1934 (48 Stat. 590), this section, together with 706, ante, was made inapplicable to attorneys employed by the Attorney General for prosecution of cases under the National Recovery Act, 899c, post; by act of May 25, 1934 (48 Stat. 804), to attorneys employed by the Attorney General for prosecution of cases involving hydroelectric power, navigation, or water rights upon the New and Kanawha Rivers; by aet of March 18, 1936 (49 Stat. 1164), to an attorney employed by the Attorney General to assist in the prosecution of litigation arising under the War Risk Insurance Act; by act of June 15, 1936 (49 Stat. 1513), to an attorney employed for prosecution of “The Sugar Institute" case and certain cases involving public lands; by act of June 22, 1936 (49 Stat. 1820), to an attorney employed in connection with internal revenue litigation; by act of May 20, 1937 (50 Stat. 198), to the agent representing the United States in arbitration proceedings pending with the Dominion of Canada; by the act of August 25, 1937 (50 Stat. 805), to attorney employed by the Department of Justice to prosecute claims on behalf of Osage Indians.

841. Member of Congress or officer aiding in obtaining contract (Criminal Code, sec. 112).-Whoever, being elected or appointed a Member of or a 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, er aiding to procure, any contract, appointive office, or place, from the United States or from any officer or department thereof, for any person whatever, or for giving any 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, appointive 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 Gov. ernment of the United States. Any such contract or agreement may, at the option of the President, be declared void. Sec. 112, act of Mar. 4, 1909 (35 Stat. 1108); 18 U. 8. C. 202.

842. Member of Congress or officer receiving pay in matters affecting United States (Criminal Code, sec. 113).-Whoever, being elected or appointed a Senator, 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 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 directly 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. Sec. 113, act of Mar. 4, 1909 (35 Stat. 1109); 18 U. 8. C. 203.

By act of April 14, 1934 (48 Stat. 500), this section was made inapplicable to attorneys employed by the Attornej General for prosecution of cases under the National Industrial Recovery Act; by act of May 25, 1934 (48 Stat. 804), to attorneys employed by the Attorney General for prosecution of cases involving hydroelectric power, navigation, or water rights upon the New or Kanawha Rivers; by act of March 18, 1936 (49 Stat. 1164), to an attorney employed by the Attorney General to assist in the prosecution of litigation arising under the War Risk Insurance act; by act of June 15, 1936 (49 Stat. 1513), to an attorney employed for prosecution of "The Sugar Institute" case, and certain cases involving public lands; and by act of June 22, 1936 (49 Stat. 1820), to an attorney employed in connection with internal revenue litigation.

Notes of Decisions

Effect of appeal from conviction. The dis- | such case is not a punishment and not part abilities imposed by this section are effective of the judgment of the court. Public policy immediately upon entry of judgment of con. demands a rigid construction of the law, notviction and sentence. The presumption of withstanding possible hardship in individual guilt thus arising is not affected by the pend- cases (1936) 38 Op. Atty. Gen. 468. ency of an appeal. Removal from office in

843. Member of Congress interested in contracts (Criminal Code, 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 has 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 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 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, it shall forthwith be repaid; and in case of failure or refusal to repay the same when demanded by 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 sureties, for the recovery of the money so advanced. Sec. 114, act of Mar. 4, 1909 (35 Stat. 1109); 18 U. 8. C. 204.

The Attorney General held in opinion of December 16, 1933, that contracts or agreements with members of Congress under the Agricultural Adjustment Act of May 12, 1933 (48 Stat. 31), were within the inhibition of this section.

By act of January 25, 1934 (48 Stat. 337), as amended by section 510, Title V, act of June 27, 1934 (48 Stat. 1264), and act of August 26, 1937 (50 Stat. 838) this section was made inapplicable to contracts or agreements under the following acts:

Federal Farm Loan Act of July 17, 1916 (39 Stat. 360), as amended.
Agricultural Adjustment Act of May 12, 1933, Title I (48 Stat. 31), as amended.
Emergency Farm Mortgage Act of May 12, 1933, Title IÍ (48 Stat. 41), as amended.
Federal Farm Mortgage Corporation Act of Jan. 31, 1934 (48 Stat. 344), as amended.
Home Owners' Loan Act of June 13, 1933 (48 Stat. 128), as amended.
Any contracts, or agreements made by the Secretary of Agriculture with farmers.
Agricultural Adjustment Act of 1938, February 15, 1938 (52 Stat. 68).

Notes of Decisions In general.-In view of this section and for a firm in which a member of Congress is 844, 845, post, the Reconstruction Finance a partner (2 Op. Atty. Gen. 38; 4 Op. Atty Corporation may not engage the services as Gen. 47; U. S. v. Dietrich, 126 Fed. 671) attorney or counsel of a member of Congress (1935) 38 Op. Atty. Gen. 213.

844. Making official contract with Member of Congress (Criminal Code, sec. 115).--Whoever, being an officer of the United States, shall on behalf 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 Commissioner, 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. See 115, act of Mar. 4, 1909 (35 Stat. 1109); 18 U. 8. C. 205.

The Attorney General held in opinion of December 16, 1933, that contracts or agreements with members of Congress under the Agricultural Adjustment Act of May 12, 1933 (48 Stat. 31), were within the inhibition of this section.

By act of January 25, 1934 (48 Stat. 337), as amended by section 510, Title V, act of June 27, 1934 (48 Stat. 1264), and act of August 26, 1937 (50 Stat. 838), this section was made inapplicable to contracts or agreements under the following acts :

Federal Farm Loan Act of July 17, 1916 (39 Stat. 360), as amended.
Agricultural Adjustment Act of May 12, 1933, Title I (48 Stat. 31), as amended.
Emergency Farm Mortgage Act of May 12, 1933, Title II (48 Stat. 41), as amended.
Federal Farm Mortgage Corporation Act of Jan. 31, 1934 (48 Stat. 344), as amended.
Home Owners' Loan Act of June 13, 1933 (48 Stat. 128), as amended.
Any contracts or agreements made by the Secretary of Agriculture with farmers.
Agricultural Adjustment Act of 1938, February 16, 1938 (52 Stat. 68).

845. Contracts not affected (Criminal Code, . sec. 116).-Nothing contained in the two preceding sections shall extend, or be construed to extend, to any contract 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 incorporation or company; nor to the purchase or sale of bills of 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. Sec. 116, act of Mar. 4, 1909 (35 Stat. 1109); 18 U. S, C, 206.

Notes of Decisions Contracts with corporations.-It is not un- Whether a corporation formed for the purlawful for the Bureau of Engraving and pose of circumventing statutory inhibitions Printing to accept a bid of a corporation could contract with the Government or under whose president is a Congressman and owns what circumstances the corporate entity 30 percent of its corporate stock.

might be disregarded are questions not here The exception in sec. 116, Criminal Code, presented or decided. (May 19, 1938) 39 applies to contracts with any corporation Op. Atty. Gen. No. 46. and the Congress has not seen fit to qualify its application.

846. Accepting a bribe (Criminal Code, sec. 117).-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 Government 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 thereof, shall ask, accept, 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, 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. Sec. 117, act of Mar. 4, 1909 (35 Stat. 1109); 18 U. 8. C. 207.

Fall v.

Notes of Decisions In general. - Gravamen of offense of bribe may be prosecuted as conspiracy though bribery is acceptance by officer of United substantive offenses of giver and receiver of States of bribe to influence official conduct. bribe are defined by different statutes. Ex Fall v. U. S. (App. D. C., 1931), 49 F. (20) parte O'Leary (C. C. A., 1931), 53 F. (20) 506; certiorari denied (1931), 283 U. S. 867.956.

This section is valid. Dropps v. U. S. Evidence.--Testimony showing transactions (C. C. A., 1929), 34 F. (20) 15; certiorariother than one on which criminal prosecution denied (1930), 281 U, S. 720.

is based may be admissible to establish conThis section held not superseded as to instituent elements of crime charged. ternal revenue officers or agents by section 64 U. S. (App. D. C., 1931), 49 F. (20) 506 ; of Title 26, Internal Revenue, which was a certiorari denied (1931), 283 U. 8. 867. later enactment. Smiler v. U. S. (C. C. A., In prosecution of Secretary of Interior 1928), 24 F. (20) 22; certiorari denied for bribery, evidence showing transactions (1928), 277 U. S. 607.

closely related to transaction on which proseWho are officers.--A prohibition agent is cution was based held admissible as bearing within this section, and the court will take upon motive or intent. Id. judicial notice of bis status. Dropps v. U. S. Evidence of acceptance of bribe by internal (C. C. A., 1929), 34 F. (20) 15; certiorari revenue agent to influence action in favor of denied (1930), 281 U. S. 720.

taxpayer held for jury. Smiler u. U. S. One need not be technically an "officer” of (C. C. A., 1928), 24 F. (20) 22; certiorari Cnited States to be guilty of bribery within denied (1928), 277 U. S. 607. Federal statute. Burnham Hornaday Trial.-In prosecution against Secretary (1927), 223 N. Y. Supp. 750, modified on of Interior for bribery, charge in substance other grounds (1928), 228 N, Y. Supp. 246. calling jury's attention to outstanding evi

Necessity of official action being prescribed dence and cautioning jury held not prejudiby statute.-Claim for compensation for dis-cial, especially where favorable to defendant ability incurred in World War held pending, and in view of other charges. Fall v. U. S. or matter which might by law be made pend-(App. D. C., 1931), 49 F. (20) 506; certiorari ing, before defendant when he received bribe. denied (1931), 283 U. S. 867. Beach v. U. S. (C. C. A., 1927), 19 F. (20) In prosecution against Secretary of In739 ; certiorari denied (1927), 276 U. S. 623. terior for bribery, charge cautioning jury in

Where the Secretary of the Interior cor- matter of their duty, power, and authority ruptly receives bribes for making contracts held not prejudicial, in view of argunent of and leases under an Executive Order purport- defendant's counsel and circumstances suring to empower him so to do, it is no defense rounding trial. Id. that the order is subsequently held to be void Former Jeopardy-Acquittal on charge of and the contracts and leases cancelled in a conspiracy to defraud United States held not United States Court. Fall v. U. S. (App. res adjudicata in subsequent prosecution for D, C., 1931), 49 F. (20) 506; certiorari de bribery, based upon substantially same facts. nied (1931), 283 U. S. 867.

Fall v. U. S. (App. D. C., 1931), 49 F. (20) Conspiracy.--Agreement between persons 506; certiorari denied (1931) 283 U. S. 867. not officers and officers to give and receive

847. Political contributions; solicitation (Criminal Code, sec. 118).-It is unlawful for any Senator or Representative in, or Delegate or Resident Commissioner to, Congress, or any candidate for, or individual elected as, Senator, Representative, Delegate, or Resident Commissioner, or any officer or employee of the United States, or any person receiving any salary or compensation for services from money derived from the Treasury of the United States, to directly or indirectly solicit, receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any other such officer, employee, or person. Sec. 118, act of March 4, 1909 (35 Stat. 1110); sec. 312, act of Feb. 28, 1925 (43 Stat. 1073); 18 U. S. C. 208.

Notes of Decisions In general.—This section is not void for 280 U. S. 396, reversing (D. C., 1929), 31 F. indefiniteness. This sectioWurzbach (192097 | 220) ".

848. Political contributions; receipt (Criminal Code, 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 purpose whatever. Sec. 119, act of Mar. 4, 1909 (35 Stat. 1110); 18 U. 8. C. 209.

849. Political contributions; changing official status for making or withholding (Criminal Code, 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. Sec. 120, act of Mar. 4, 1909 (35 Stat. 1110); 18 U. 8. 0. 210.

For section one hundred and eighteen, referred to see 847, ante. For penalty see 851, post.

850. Political contributions; making to officials (Criminal Code, 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 to be applied to the promotion of any political object whatever. Sec. 121, act of Mar. 1, 1909 (35 Stat, 1110); 18 U.S. C. 211.

851. Political contributions; penalty (Criminal Code, sec. 122).-Whoever shall violate any provision of the four preceding sections shall be fined not more than five thousand dollars, or imprisoned not more than three years, or both. Sec. 122, act of Mar. 4, 1909 (35 Stat. 1110); 18 U. S. C. 212.

852. Destroying public records (Criminal Code, sec. 128).-Whoever shall willfully and unlawfully conceal, remove, mutilate, obliterate, or destroy, or attempt to conceal, remove, mutilate, obliterate, or destroy, or, with intent to conceal, 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, Sec. 128, act of Mar. 4, 1909 (35 Stat. 1111); 18 U. S. C. 23).

853. Destruction of public records by custodian (Criminal Code, sec. 129).Whoever, having the custody of any record, proceeding, map, book, document, paper, or other thing specified in the preceding section, shall willfully 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 disqualified from holding any office under the Government of the United States. Sec. 129, act of Mar. 1, 1909 (35 Stat. 1112); 18 U. 8. C. 235.

See A. W. 34-36, ante, 391-393, as to disposition of records of courts-martial.

Notes of Decisions

Judgment.--Judgment of conviction for office. Husar v. U. S. (C. C. A., 1928), 26 F. destroying Federal court records should not (20) 847; certiorari denied (1928), 278 U. S. state defendant's disqualification to hold 625.

854. Transportation of high explosives (Criminal Code, sec. 232).-* And provided further, That nothing in this section shall be construed to prevent the transportation of military or naval forces with their accompanying munitions

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