sec. 23.) Entering a military reservation for an unlawful purpose, 816. (Criminal Code, sec. 45.) Robbery, larceny, etc., of public property. 817. (Criminal Code, sec. 46.) Embezzlement, stealing, etc., 818. (Crimi nal Code, sec. 47.) (Criminal (Criminal Code, Receiving stolen (Criminal Code, sec. 48.) Prescribing qualification of voters, 796. (Criminal Code, sec. 24.) Coercion of an election official, 797. (Criminal Code, sec. 25.) Penalty for interference with elections, 798. (Criminal Code, sec. 26.) Forging, or altering public records, 799. (Criminal Code, sec. 28.) Forging or altering deeds of powers of at torney, 800. (Criminal Code, sec. 29.) Possession of false papers, 801. Code, sec. 30.) (Criminal Officer making false acknowledgments, 802. (Criminal Code, sec. 31.) Impersonating an officer, 803. Code, sec. 32.) (Criminal Impersonating the holder of public stocks or pensioner, 804. (Criminal Code, sec. 33.) False demand on fraudulent power of attorney, 805. (Criminal Code, sec. 34.) False claims against the United States, 806. (Criminal Code, sec. 35.) Purchase or receipt in pledge of property issued to (Criminal soldier, 807. Code, sec. 35.) Embezzlement a of military stores, 808. (Criminal Code, sec. 36.) Conspiring to commit offense against United States, 809. (Criminal Code, sec. 37.) Bribery, 810. (Criminal Code, sec. 39.) Unlawfully taking or using papers pertaining to claims, 811. (Criminal Code, sec. 40.) Agent of a corporation, etc., acting as an of the United agent States, 812. (Criminal Code, sec. 41.) Enticing, persuading, or aiding to desert, (Criminal Code, sec. 42.) Enticing away workmen, 814. Cutting or injuring trees, 820. (Criminal Code, sec. 50.) Securing pitch, etc., from trees on public lands, 821. (Criminal Code, sec. 51.) Breaking inclosure of reserved lands, 822. (Criminal Code, sec. 56.) Removal of marks of survey, 823. (Criminal Code, sec. 57.) Willful injury to telegraph systems, etc., 824. (Criminal Code, sec. 60.) Extortion, 825. (Criminal Code, sec. 85.) Requiring receipt for a sum larger than paid, 826. (Criminal Code, sec. 86.) Wrongful conversion by a disbursing officer, 827. (Criminal Code, sec. 87.) Loan or conversion of public moneys, 828. Political contributions-Continued. Changing official status for making or withholding of, 849. (Criminal Code, sec. 120.) Making of, in Government service, 850. (Criminal Code, sec. 121.) Penalty, 851. (Criminal Code, sec. 122.) Jurisdiction of Federal courts over crimes, Laws of States adopted for punishing 792. Use of armed forces; enterprises against foreign states (Criminal Code, sec. 14). The district 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 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 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 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. Sec. 14, act of Mar. 4, 1909 (35 Stat. 1090); U. S. C. 18: 26. 793. Departure and detention of foreign vessels (Criminal Code, sec. 15).—It shall be lawful for the President to employ such part of the land or naval forces of the United States, or of the militia thereof, as he may deem necessary to compel any foreign vessel to depart from the United States or any of its possessions in all cases in which, by the law of nations or the treaties of the United States, it ought not to remain, and to detain or prevent any foreign vessel from so departing in all cases in which, by the law of nations or the treaties of the United States, it is not entitled to depart. Sec. 15, act of Mar. 4, 1909 (35 Stat. 1091), as amended by sec. 10, Title V, act of June 15, 1917 (40 Stat. 223); U. S. C. 18: 27. 794. Presence of troops at polls (Criminal Code, 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. Sec. 22, act of Mar. 4, 1909 (35 Stat. 1092); U. S. C. 18: 55. 795. Coercion of voters (Criminal Code, 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. Sec. 23, act of Mar. 4, 1909 (35 Stat. 1092); U. S. C. 18: 56. 796. Prescribing qualification of voters (Criminal Code, sec. 24).—Every officer of the Army or Navy who prescribes or fixes, or attempts to prescribe or fix, whether by proclamation, order, or otherwise, the qualifications of voters at any election in any State shall be punished as provided in the preceding section. Sec. 24, act of Mar. 4, 1909 (35 Stat. 1092); U. S. C. 18: 57. 797. Coercion of an election official (Criminal Code, 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 regulations 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 punished as provided in section twenty-three. Sec. 25, act of Mar. 4, 1909 (35 Stat. 1092); U. S. C. 18: 58. 798. Penalty for interference with elections (Criminal Code, 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 offers to vote. Sec 26, act of Mar. 4, 1909 (35 Stat. 1093); U. S. C. 18: 59. 799. Forging or altering public records (Criminal Code, sec. 28).-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 counterfeiting, any bond, bid, proposal, contract, guarantee, security, official bond, public 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 publish as true, any such false, forged, altered, or counterfeited 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 officer of the United States, any such false, forged, altered, or counterfeited 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 dollars, or imprisoned not more than ten years, or both. Sec. 28, act of Mar. 4, 1909 (35 Stat. 1094); U. S. C. 18: 72. Notes of Decisions Offense in general.--The offense defined in the act of Apr. 5, 1866 (R. S. 5418, embodied herein), consists in the false and fraudulent making, altering, forging, or counterfeiting of any bid, proposal, guaranty, or any instrument or document named in the statute, and does not consist in the making of a false or fraudulent instrument or document. In the first case the crime is forgery, while in the latter it would be perjury; and this distinction must regulate the allegations and proof in each case. U. S. v. Wentworth (C. C. 1882), 11 Fed. 52. It is not lawful for an official to accept an office and then use false means and methods to obtain money for carrying it on, as by certifying charges for boat services, the expenses of janitor's fees, carriage hire, ice, gas, etc., in order to obtain money from one department for services which had been rendered in another, and for the payment of which the Government has made no provision. U. S. v. Houghton (D. C. 1882), 14 Fed. 544. It is not essential to charge or prove an actual financial or property loss to make a case under R. S. 5418 (embodied herein). U. S. v. Plyler (1911), 222 U. S. 15. Loss to Government.-Fraud against the United States need not necessarily involve loss of either money or property, but is committed when an unlawful activity is engaged in for the purpose of frustrating the proper administration of a statute or to impair the functions of Government. U. S. v. Tynan (D. C. 1923), 6 F. (2d) 668. Invalid instrument as basis of forgery.— Where a false instrument is So absolutely invalid that it can not defraud or injure under any circumstances, it may not form the basis of the charge of forgery, , or of transmitting it to an officer to defraud the United States. Neff v. U. S. (1908), 165 Fed. 273. Fraudulent documents, as well as those that are forged or counterfeited, are embraced herein. U. S. v. Davis (1913), 231 U. S. 183; U. S. v. Staats (1850), 8 How. 41. False or forged affidavits in general.One presenting accounts to the Government can not be convicted under R. S. 5418, 5479 (embodied herein), for forging the name of a justice of the peace to the affidavit attached thereto, unless it be done to defraud the United States. Staton v. U. S. (1898), 88 Fed. 253, Affidavits in general.-Where defendant, pursuant to sec. 2, act of Aug. 24, 1912 (37 Stat. 553), presented affidavits taken before a notary as to the ownership of a newspaper, defendant can not, in a prosecution for their falsity under this section, urge that, because taken before a notary, they were not affidavits within the net. U. S. v. Smith (D. C. 1920), 262 Fed. 191. Application to Civil Service Commission.-An applicant for a Government clerkship filed a sworn application 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, impersonat ing 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. Held, that these two persons were indictable, under R. S. 5440, 5418, which denounce, respectively, the offense of conspiring to commit any offense against the United States or to defraud the United States. and the offense of falsely making, altering, or forging various enumerated papers, including affidavits or other writings, for the purpose of defrauding the United States. U. S. v. Bunting (D. C. 1897), 82 Fed. 883. Military land warrant.-A military land warrant is neither an indenture nor a public security, within the meaning of the crimes act of Mar. 3, 1825, sec. 17, relating to forgery. U. S. v. Irwin (C. C. 1851), Fed. Cas. No. 15445. Insertion of false item in blank receipt.The insertion of a false item in a blank receipt for money, used as a voucher in a disbursing officer's accounts certified by him to be correct, with intent to defraud the United States, is a criminal offense, under R. S. 5418, 5479 (embodied herein), whether forgery at common law or not. Howgate v. U. S. (1895), 7 App. D. C. 217. Indictment. An indictment charging that defendant forged the name of a justice of the peace to accounts presented by him to the Government accounting officers, "with intent to defraud the United States," must be regarded as based on R. S. 5418, 5479 (embodied herein), and not on R. S. 5421, which denounces the making, altering, forging, etc., of papers, for the purpose of "obtaining or receiving from the United States or any of their officers or agents any sum of money." Staton v. U. S. (1898), 88 Fed. 253. An indictment for forging a writing with intent to defraud the United States is sufficient to charge the offense, so far as concerns the nature of the instrument, if it is made to appear that it is one by which the Government might have been defrauded, and it need not aver the existence of extraneous facts which would or might be necessary to that result. Meldrum v U. S. (1907), 151 Fed. 177, affirming U. S. v. Meldrum (D. C. 1906), 146 Fed. 390. The insertion of a false item in a blank receipt for money used as a voucher in a disbursing officer's accounts certified by him to be correct, with intent to defraud the United States, being a criminal offense under R. S., 5418, 5479 (embodied herein), whether forgery at common law or not, an Indictment which charges such offense in the words of the statute and which sets forth the circumstances, is good. Howgate v. U. S. (1895), 7 App. D. C. 217. An averment that a note was forged with intent to defraud the United States is necessary to withdraw the forgery from the general jurisdiction of the State courts. State v. White (N. C. 1888), 7 S. E. 715. An indictment charging defendant with possession, with intent to utter as true, of false and forged writings purporting to be prescriptions issued by various physicians, whose names were written thereon, for intoxicating liquor under the provisions of national prohibition act and regulations made thereunder, was held to charge an offense under this section. U. S. v. Tynan (D. C. 1923), 6 F. (2d) 668. Evidence. In order to a conviction of the offense defined in sec. 5418, R. S. (embodied herein), the Jury must be satisfied beyond a reasonable doubt (1) that the time and pay roll described in the indictment was a false, forged, and counterfeit writing; (2) that the same was transmitted to the proper officer of the Government by the defendant; and (3) that the false character of the writing was known by the defendant at the time of the sending, and that it was sent with the intent to defraud the United States. U. S. v. Houghton (D. C. 1882), 14 Fed. 544. 800. Forging or altering deeds or powers of attorney (Criminal Code, sec. 29).--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 counterfeiting, any deed, power of attorney, order, certificate, receipt, contract, 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, 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, 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. Sec. 29, act of Mar. 4, 1909 (35 Stat. 1094); U. S. C. 18: 73. 801. Possession of false papers (Criminal Code, 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. Sec. 30, act of Mar. 4, 1909 (35 Stat. 1094) ; U. S. C. 18: 74. 802. Officer making false acknowledgments (Criminal Code, 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 appearance 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 required 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 |