SEC. 98. [Officer contracting beyond specific appropriation.] 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. [35 Stat. L. 1106.]

See R. S. sec. 5503, 6 Fed. Stat. Annot. 120.

SEC. 99. [Officer of United States court failing to deposit moneys, etc.] Whoever, being a clerk or other officer of a court of the United States, shall fail forthwith to deposit 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 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 imprisoned not more than ten years, or both; but nothing herein shall be held to prevent the delivery of any such money upon security, according to agreement of parties, under the direction of the court. [35 Stat. L. 1106.]

See R. S. sec. 5504, 5 Fed. Stat. Annot. 71.

SEC. 100. [Receiving loan or deposit from officer of court.] Whoever shall knowingly receive, from a clerk or 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. [35 Stat. L. 1107.]

See R. S. sec. 5505, 5 Fed. Stat. Annot. 72. Aside from transposition of language no change has been made in this section.

SEC. 101. [Failure to make returns or reports.] 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 Treasury, other than his accounts, within the time prescribed by such Act or regulation, shall be fined not more than one thousand dollars. [35 Stat. L. 1107.] See R. S. sec. 1780, 6 Fed. Stat. Annot. 606.

SEC. 102. [Aiding in trading in obscene literature.] 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 importing, 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. [35 Stat. L. 1107.]

See R. S. sec. 1785, 6 Fed. Stat. Annot. 608, and Act of July 24, 1897, ch. 11, sec. 17, 3 Fed. Stat. Annot. 318. R. S. sec. 1785 was, in effect, superseded by sec. 17 of the Tariff Act

of July 24, 1897. The only change in the section is in the use of the word 66 producing" for "procuring."

SEC. 103. [Collecting and disbursing officers forbidden to trade in public property.] Whoever, being an officer of the United States concerned in the collection or the disbursement of the revenues thereof, shall carry on any trade or business in the funds or debts of the United States, or of any State, or in 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 thereafter be incapable of holding any office under the United States. [35 Stat. L. 1107.]

See R. S. secs. 1788, 1789, 6 Fed. Stat. Annot. 609.

SEC. 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 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. [35 Stat. L. 1107.]

See the Act of Feb. 25, 1897, ch. 316, secs. 1, 2, 2 Fed. Stat. Annot. 15. transposition of language no change has been made in this section.

Aside from a

SEC. 105. [Falsely certifying, etc., as to record of deeds, etc.] 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 recorded, shall be fined not more than one thousand dollars, or imprisoned not more than seven years, or both. [35 Stat. L. 1107.]

This section is new, and is inserted for the purpose of providing a means of punishing officers of the United States for making false

certificates with respect to documents and other matters under their charge.

SEC. 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. [35 Stat. L. 1107.]

This section is new, and is inserted for the purpose of providing a means of punishing officers of the United States for making false

certificates with respect to documents and other matters under their charge.

SEC. 107. [Inspector of steamboats receiving illegal fees.] 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. [95 Stat. L. 1107.]

See R. S. sec. 5482, 7 Fed. Stat. Annot. 180.

SEC. 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 any pensioner for any service in connection with the payment of his pension, shall be fined not more than five hundred dollars. [35 Stat. L. 1107.]

See R. S. sec. 5487, 5 Fed. Stat. Annot. 687.

SEC. 109. [Officer not to be interested in claims against the 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 connection. 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, 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. [35 Stat. L. 1107.]

See R. S. sec. 5498, 6 Fed. Stat. Annot. 611.

SEC. 110. [Member of Congress, etc., soliciting or accepting bribe, etc.] 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, ask, accept, receive, or agree to receive, any money, property, or other valuable consideration, or any promise, contract, undertaking, 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, 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 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 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 be forever disqualified from holding any office of honor, trust, or profit under the Government of the United States. [35 Stat, L. 1108.]

See R. S. sec. 1781, 1 Fed. Stat. Annot. 712; R. S. sec. 5450, 1 Fed. Stat. Annot. 713; R. S. sec. 5500, 1 Fed. Stat. Annot. 714; R. S. sec. 5502, 1 Fed. Stat. Annot. 715. In addition to a slight transposition of language, this section has been broadened so as to apply to members

of Congress from the time of their election or appointment and before qualification and during their continuance in office; and also so as to include resident commissioners. There are a few additional minor changes.

SEC. 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, undertaking, 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 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, F. S. A. Supp.-28

433

given, made, or tendered, and imprisoned not more than three years. [35 Stat. L. 1108.]

See R. S. sec. 5450, 1 Fed. Stat. Annot. 713. Comparison with that section will show a number of changes.

SEC. 112. [Member of Congress taking consideration for procuring contract, office, etc. offering member consideration, etc.] 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 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 Government of the United States. Any such contract or agreement may, at the option of the President, be declared void. [35 Stat. L. 1108.]

See R. S. sec. 1781, 1 Fed. Stat. Annot. 712. In addition to a slight transposition of language, this section has been broadened so as to apply to members of Congress from the

time of their election or appointment and before qualification and during their continuance in office; and also so as to include resident commissioners.

SEC. 113. [Member of Congress, etc., taking compensation in matters to which United States is a party.] 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 proceeding, 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. [35 Stat. L. 1109.]

See R. S. sec. 1782, 6 Fed. Stat. Annot. 606. in addition to a slight transposition of language, this section has been broadened so as to apply to members of Congress from the

time of their election or appointment and before qualification and during their continuance in office; and also so as to include resident commissioners.

SEC. 114. [Member of Congress not to be interested in contract.] 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. [35 Stat. L. 1109.]

See R. S. sec. 3739, 6 Fed. Stat. Annot. 129. In addition to a slight transposition of language, this section has been broadened so as to apply to members of Congress from the time of their election or appointment and be

fore qualification and during their continuance in office; and also so as to include resident commissioners. There are a few additional minor changes.

SEC. 115. [Officer making contracts with member of Congress.] 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. [35 Stat. L. 1109.]

See R. S. sec. 3742, 6 Fed. Stat. Annot. 131. In addition to a slight transposition of language, this section has been broadened so as to apply to members of Congress from the time of their election and before qualification and during their continuance in office; and also so

as to include resident commissioners. There are a few additional minor changes, and the words 66 other than such as are hereinbefore excepted" are omitted as unnecessary in view of the order in which the sections have been rearranged.

SEC. 116. [Contracts to which two preceding sections do not apply.] 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 gen eral 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 agree. ment. [35 Stat. L. 1109.]

See R. S. sec. 3740, 6 Fed. Stat. Annot. 130. Because R. S. sec. 3742 has been inserted between R. S. sec. 3739 and sec. 3740, the excep tion contained in this section is made applica

ble to the "two" preceding sections instead of "the" preceding section. The exception is also extended to resident commissioners.

SEC. 117. [United States officer accepting bribe.] 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