Using, selling, etc., canceled stamps, and removing cancellation marks from stamps, etc.: Section 305; old Section 3922, 3923, 3924, and 3925. Poisons and explosives non-mailable: Section 217, Old Section 3878; First Supplement, 247, and Second Supplement, 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: Section 226; old Section 412. Fraudulent use of official envelopes; Section 227; old Acts, First Supplement, 135 and First Supplement, 467. 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 relate 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 exclusively such business and by various statutes protects such monopoly. § 76. Section 230 provides that every person employed in the postal service shall be subject to all penalties and forfeitures for the violation of laws relating to such service, whether he has taken the oath of office or not, and Section 231 provides that the words "postal service" wherever used in this chapter, meaning chapter on offenses against the postal service, shall be held and deemed to include the Post-office Department. 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 Banknotes. 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 82. notes. Confederate Money; Likeness and Similitude. 83. Other Securities Including State Banknotes. 88. Imitating National Banknotes; Printing Advertisements Thereon. 89. Imitating U. S. Securities or Printing Advertisements Thereon; 90. 91. Business Cards. Notes Less Than One Dollar, Not to be Issued. 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, Counterfeiting 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 defined to mean all bonds, securities of indebtedness, national bank currency, coupons, United States notes, Treasury notes, gold certificates, silver certificates, certificates 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, and the words "gold certificates" and "silver certificates" were not in the old section. When, therefore, in this chapter, or in any of the sections cited and treated, the words "obligation or other security of the United States" are used, they will be understood to mean and include the securities above mentioned, 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 indictment 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 defendant had really negotiated a genuine check, drawn by an authorized officer of the United States upon an Assistant 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 endorsement, 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. 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 Secretary of the Treasury for the obligations and other securitites 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 Treasury, 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 counterfeit obligations or securities. In other words, the Court held that that portion of the section included as penal having in possession without authority, of the 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. § 78a. Using Plates-Having in Possession Obligation Without Authority, Etc. Similitude-Unsigned Bank Notes.-Section 150 of the new Code provides as follows: "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 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 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 obligations or other securities of the United States; or whoever shall have in his control, custody, or possession 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 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, photograph, 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 of 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 authority of the Secretary 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 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 similitude 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 de |