case of Todd vs. United States, 158 United States, page 278, Book 39 Law Ed., 982, held that a preliminary 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 testimony in any case and under any circumstance, but that the wording of 5406 limited such protection to those who had dealing with a "court" of the United States. Under 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 decision in the Todd case, and because of that line of decisions 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.

§ 114. Attempt to Influence Jury.-New Section 137, in the following words:

"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 dollars, 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 official duty.

§ 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 commissioner, and such marshal, deputy marshal, ministerial officer, 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."

This statute, of course, applies to a State Deputy Sheriff, 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, but 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 custody for removal to the Philippine Islands. It is practically 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. Er parte Shores, 195 Federal, 627. A conspiracy to allow a prisoner to escape is reached by the statute. Ex parte Lyman, 202 Federal, 303.

§ 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 indirectly aiding, abetting, or assisting any person to escape; 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 provisions 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 allegation of knowledge. The latter section of the statute, which relates to concealing, requires that before one can 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, 143, 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 person 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 committed 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 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 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:

"Sec. 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 imprisoned 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 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 disclosed and make known the same to some one of the judges or other persons in civil or military authority under the United States, shall be fined not more than five hundred dollars, or imprisoned not more than three years, or both."

This section is a companion to Section 145, above quoted, and the two together are thought to guarantee publicity 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 misdemeanor as unknown to the language of the law, but misprision 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.

§ 121. Bribery of a Judge or Judicial Officer.-Section 131 of the new code amplifies and enlarges old Section 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 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 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 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 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