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any office of honor, trust, or profit under the Government of the United States.

Official

accepting bribe

Political

contribu

This section is taken from U. S. Rev. Sts. §§ 5500, 5501, 5502.

King v. United States, 112 F. R. 988; United States v. Ingham, 97 Id. 935; United States v. Boyer, 85 Id. 425; 17 A. G. Op. 419, 420. An Indian agent is within the provisions of this section. Sharp v. United States, 138 F. R. 878. A member of a board of examining surgeons for pensions is a person acting in behalf of the United States. United States v. Van Leuven, 62 F. R. 62; United States v. Kessel, Id. 57.

SECTION 118. No Senator or Representative in, or Delegate or Resident Commissioner to Congress, or Senator, Reptions not to resentative, Delegate, or Resident Commissioner elect, or be solicited officer or employee of either House of Congress, and no execuby officers named tive, judicial, military, or naval officer of the United States, and no clerk or employee of any department, branch, or bureau of the executive, judicial, or military or naval service of the United States, shall, directly or indirectly, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any officer, clerk, or employee of the United States, or any department, branch, or bureau thereof, or from any person receiving any salary or compensation from moneys derived from the Treasury of the United States.

This section is the same as the Act of Jan. 16, 1883, c. 27, § 11, (22 St. 406), except that it is enlarged to include resident commissioners.

United States v. Thayer, 154 F. R. 508 (reversed, 209 U. S. 39, 52 L. ed. 673). This section is constitutional. See Ex parte Curtis, 106 U. S. 371, 27 L. ed. 232. It does not forbid voluntary contributions by employees to outside persons. 21 A. G. Op. 298. It includes all persons concerned in the transaction. United States v. Riley, 74 F. R.

contribu

210; United States v. Scott, Id. 213. A circular letter by Political a political committee to Federal officers soliciting financial tions not to aid which contains the names of Federal officers or em- be solicited ployees is a violation hereof. 24 A. G. Op. 133.

by officers named

SECTION 119. No person shall, in any room or building Political occupied in the discharge of official duties by any officer or contribuemployee of the United States mentioned in the preced- tions not to ing section, or in any navy-yard, fort, or arsenal, solicit be received in any manner whatever or receive in public contribution of any money or other thing of value for any political purpose whatever.

This section is the same as the Act of Jan. 16, 1883, c. 27, §12 (22 St. 407). This is constitutional. Ex parte Curtis, 106 U. S. 371, 27 L. ed. 232; United States v. Newton, 20 Dist. of Col. 226. This does not apply to money paid by a disbursing officer on the order of an employee where the officer had no connection with any soliciting, although he knew the money was paid for political purposes. It does not apply to a voluntary contribution by an employee. 21 A. G. Op. 298. Where the solicitation is made by letter,

the offense occurs where the letter is received and read. United States v. Thayer, 209 U. S. 39, 52 L. ed. 673, reversing 154 F. R. 508; see also United States v. Smith, 163 F. R. 926.

offices

SECTION 120. No officer or employee of the United States Immunity mentioned in section one hundred and eighteen, shall dis- from official charge, or promote, or degrade, or in any manner change tion, etc. proscripthe 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.

This section is the same as the Act of Jan. 16, 1883, c. 27, § 13 (22 St. 407). Except as here limited, the power of removal is unrestricted by legislation. United States v. Taft, 24 App. D. C. 95, 203 U. S. 461, 51 L. ed. 269; Morgan v. Nunn, 84 F. R. 551.

Making political contribu

tions to officials

Punishment for violations

Officials,

SECTION 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.

This section is the same as the Act of Jan. 16, 1883, c. 27, § 14, (22 St. 407) except that resident commissioners are included.

SECTION 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.

This section is the same as the Act of Jan. 16, 1883, c. 27. § 15 (22 St. 407).

United States v. Thayer, 209 U. S. 39, 42, 52 L. ed. 673.

SECTION 123. Whoever, being an officer or employee of etc., giving the United States or a person acting for or on behalf of the advance in- United States in any capacity under or by virtue of the auformation thority of any department or office thereof, and while holding of crop such office, employment, or position shall, by virtue of the reports office, employment, or position held by him, become possessed of any information which might exert an influence upon or affect the market value of any product of the soil grown within the United States, which information is by law or by the rules of the department or office required to be withheld from publication until a fixed time, and shall willfully impart, directly or indirectly, such information, or any part thereof, to any person not entitled under the law or the rules of the department or office to receive the same; or shall, before such information is made public through regular official channels, directly or indirectly speculate in any such product respecting which he has thus become possessed of such information, by buying or selling the same in any quantity, shall be fined not more than ten thousand dollars, or imprisoned not more than ten years, or both: Provided, that no person shall be deemed guilty of a violation of any such rule, unless prior to

such alleged violation he shall have had actual knowledge Officials, thereof.

etc., giving advance in

of crop

This section is new. Prior to the passage of this section formation it would appear that the giving of advance information reports

did not constitute an offense. United States v. Haas, 167 F. R. 211, 215, and see notes to § 37.

SECTION 124. Whoever, being an officer or employee of Official the United States and whose duties require the compilation knowingly of report of statistics or information relative to the products issuing false crop of the soil, shall knowingly compile for issuance, or issue, any false statistics or information as a report of the United States, shall be fined not more than five thousand dollars, or imprisoned not more than five years, or both.

This section is new.

reports

Perjury defined

SECTION

125. Perjury

CHAPTER SIX

OFFENSES AGAINST PUBLIC JUSTICE

126. Subornation of perjury
127. Stealing or altering pro-
cess; procuring false bail,
etc.

128. Destroying, etc., public rec-
ords

129. Destroying records by officer
in charge

130. Forging signature of judge,
etc.

131. Bribery of a judge or judicial
officer

132. Judge or judicial officer ac-
cepting a bribe, etc.

133. Juror, referee, master, etc.,
or judicial officer, etc., ac-
cepting bribe

134. Witness accepting bribe
135. Intimidation or corruption

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SECTION 125. Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, shall willfully and contrary to such oath state or subscribe any material matter which he does not believe to be true, is guilty of perjury, and shall be fined not more than two thousand dollars and imprisoned not more than five years.

This section is the same as U. S. Rev. Sts. § 5392, except that the last sentence, "and shall, moreover, thereafter be incapable of giving testimony in any court of the United States until such time as the judgment against him is reversed," is omitted.

See note to § 326. United States v. Passmore, 4 Dall.

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