named as a class, and because they were colored. It is no Depriving citizens of defense to allege that the persons named in the indictment civil rights were accused of illegal conduct. Conduct which tends to under color of state laws deprive colored people of their rights to attend public schools, or of their right to have public schools of their own under the law, is prohibited by this section. United States v. Blackburn, 1 N. Y. Week Dig. 276. This is a penal statute and will not form the basis of a civil action for damages. Brawner v. Irvin, 169 F. R. 964. See further, Hodges v. United States, 203 U. S. 2, 51 L. ed. 65; Charge to Jury, 8 Chic. L. N. 26, 24 Fed. Cas. 1158. SECTION 21. If two or more persons in any State, Territory, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, Territory, District, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined not more than five thousand dollars, or imprisoned not more than six years, or both. This section is practically identical with U. S. Rev. Sts. § 5518. Clune v. United States, 159 U. S. 590, 40 L. ed. 269; United States v. Johnson, 26 F. R. 682. Conspiring to prevent officer from performing duties polls SECTION 22. Every officer of the Army or Navy, or other Unlawful person in the civil, military, or naval service of the United presence of States, who orders, brings, keeps, or has under his authority troops at 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. This section is practically identical with U. S. Rev. Sts. $5528. Intimidat- Army or Navy officers prescribing qualifications of voters Interfering with elec SECTION 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 elec tion in such State shall be fined not more than five thousand dollars and imprisoned not more than five years. This section is practically identical with. U. S. Rev. Sts. $ 5529. SECTION 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. This section is the same as U. S. Rev. Sts. § 5530. SECTION 25. Every officer or other person in the military tion officers or naval service of the United States who, by force, threat, by Army or intimidation, order, or otherwise, compels, or attempts to Navy offcompel, any officer holding an election in any State to receive cers, etc. 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. Additional This section is practically identical with U. S. Rev Sts. § 5531. SECTION 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. This section is practically identical with U. S. Rev. Sts. $ 5532. CHAPTER FOUR OFFENSES AGAINST THE OPERATIONS OF THE GOVERNMENT SECTION 27. Forgery of letters patent 28. Forging bids, public records, etc. 29. Forging deeds, powers of attorney, etc. 30. Having forged papers in possession 31. False acknowledgments 32. Falsely pretending to be United States officer 33. False personation of holder of public stock 34. False demand on fraudulent power of attorney 35. Making or presenting false claims 36. Embezzling arms, stores, etc. 37. Conspiracy to commit of fense against the United States; all parties liable for acts of one 38. Delaying or drefauding captor or claimant, etc., of prize property 39. Bribery of United States officer 40. Unlawfully taking or using papers relating to claims 41. Persons interested not to act as agents of the Government 42. Enticing desertions from the military or naval service 43. Enticing away workmen 44. Injuries to fortifications, harbor defenses, etc. 45. Unlawfully entering upon military reservation, fort, etc. 46. Robbery or larceny of personal property of the United States 47. Embezzling, stealing, etc., public property Forging, etc., of letters patent Forging bonds, bids, public records, etc. SECTION 68. Admitting merchandise to 69. Securing entry of merchandise 70. False certification by consular 71. Taking seized property from 73. Forging military bounty land 74. Forging, etc., certificate of 75. Engraving, etc., plate for SECTION 27. Whoever shall falsely make, forge, counterfeit, or alter any letters patent granted or purporting to have been granted by the President of the United States; or whoever shall pass, utter, or publish, or attempt to pass, utter, or publish as genuine, any such forged, counterfeited, or falsely altered letters patent, knowing the same to be forged, counterfeited, or falsely altered, shall be fined not more than five thousand dollars and imprisoned not than ten years. This section is the same as U. S. Rev. Sts. § 5416. United States v. Crecilius, 34 F. R. 30. This Act abrogates and supersedes St. 1790, § 14. United States v. Irwin, 5 McLean, 178, 26 Fed. Cas. 544. SECTION 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, pro posal, contract, guarantee, security, official bond, public Forging record, affidavit, or other writing, for the purpose of defraud- bonds, bids, ing the United States, knowing the same to be false, forged, public altered, or counterfeited; or shall transmit to, or present at, records, etc. 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. This section is the same as U. S. Rev. Sts. § 5479, except that the words "or have in his possession with the intent to utter or publish as true" have been inserted, and the word contract" has been three times inserted. See also § 5418. United States v. Hall, 131 U. S. 50, 51, 33 L. ed. 97; United States v. Crecilius, 34 F. R. 30; United States v. Lehman, 39 Id. 768, 770; United States v. Albert, 45 Id. 552; 19 A. G. Op. 649. This was originally enacted in consequence of the decision in United States v. Barney, 5 Blatch. 294, 24 Fed. Cas. 1011, where it was held that the crime of forgery denounced in the first and second clauses of St. 1823, § 1 (3 St. 771), was confined to instruments designed for the purpose of obtaining money from the United States. United States v. Lawrence, 13 Blatch. 211, 26 Fed. Cas. 878. Pecuniary fraud alone is not meant. United States v. Bunting, 82 F. R. 883; Curley v. United States, 130 Id. 1; Palmer v. Colladay, 18 App. D. C. 426, 432; Tyner v. United States, 23 Id. 324, 361; United States v. Johnson, 26 Id. 136. The statute is aimed at forgery, not at perjury. United States v. Wentworth, 11 F. R. 52. This section and § 29 apply to 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 whether or not a forgery at common law. |