Falsely that his act should also have been corrupt or malicious. swearing in naturali- Holmgren v. United States, 156 F. R. 439. This section zation cases applies to oaths which the naturalization laws require or authorize a person to take, though the proceedings are in a State court. United States v. Severino, 125 F. R. 949; Schmidt v. United States, 133 Id. 257; Holmgren v. United States, 156 Id. 439. Rev. Sts. § 2165 does not permit the oath of the applicant as proof of his residence, and an oath taken by him concerning it is extra-judicial and will not support an indictment for perjury under this section. United States v. Grottkau, 30 F. R. 672. The same is true of an affidavit under additional proceedings prescribed by a State. United States v. Severino, 125 F. R. 949. As the offense here defined is a felony, counts under this section may be joined with counts under §§ 77, 332. United States v. Johannesen, 35 F. R. 411; United States v. Lehman, 39 Id. 768, 773. Provisions applicable to all courts of naturalization Shanghaiing of sailors described SECTION 81. The provisions of the five sections last preceding shall apply to all proceedings had or taken, or attempted to be had or taken, before any court in which any proceeding for naturalization may be commenced or attempted to be commenced, and whether such court was vested by law with jurisdiction in naturalization proceedings or not. This section is the same as U. S. Rev. Sts. § 5429, except that the last clause beginning "and whether" is added. United States v. Severino, 125 F. R. 949; Schmidt v. United States, 133 Id. 257. SECTION 82. Whoever, with intent that any person shall perform service or labor of any kind on board of any vessel engaged in trade and commerce among the several States or with foreign nations, or on board of any vessel of the United States engaged in navigating the high seas or any navigable water of the United States, shall procure or induce, or attempt to procure or induce, another, by force or threats or by representations which he knows or believes to be untrue, or while the person so procured or induced is intoxicated or under the influence of any drug, to go on board of any such vessel, or to sign or in anywise enter into any agreement to go scribed on board of any such vessel to perform service or labor thereon; Shanghaior whoever shall knowingly detain on board of any such vessel, ing of any person so procured or induced to go on board thereof, or sailors deto enter into any agreement to go on board thereof, by any means herein defined; or whoever shall knowingly aid or abet in the doing of any of the things herein made unlawful, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both. This section is taken from the Act of March 2, 1907, c. 2539 (34 St. 1233). See 34 St. 551. elections SECTION 83. It shall be unlawful for any national bank, or Corporaany corporation organized by authority of any law of Con- tions congress, to make a money contribution in connection with any tributing election to any political office. It shall also be unlawful for for political any corporation whatever to make a money contribution in connection with any election at which Presidential and VicePresidential electors or a Representative in Congress is to be voted for, or any election by any State legislature of a United States Senator. Every corporation which shall make any contribution in violation of the foregoing provisions shall be fined not more than five thousand dollars; and every officer or director of any corporation who shall consent to any contribution by the corporation in violation of the foregoing provisions shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both.. This section is taken from Act of Jan. 26, 1907, c. 420 (34 St. 864). SECTION 84. Whoever shall hunt, trap, capture, willfully Hunting, disturb, or kill any bird of any kind whatever, or take the eggs taking of any such bird, on any lands of the United States which have eggs, etc., been set apart or reserved as breeding grounds for birds, by on birdany law, proclamation, or executive order, except under such breeding grounds rules and regulations as the Secretary of Agriculture may, from time to time, prescribe, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both. This section is the same as Act of June 28, 1906, c. 3565 (34 St. 536), except that there is a slight change in the phraseology, and the proviso as to the "Black Hills Forest Reservation" is omitted. SECTION CHAPTER FIVE OFFENSES RELATING TO OFFICIAL DUTIES 85. Officer, etc., of the United States guilty of extortion 86. Receipting for larger sums than are paid 87. Disbursing officer unlawfully converting, etc., public money 88. Failure of Treasurer, etc., to safely keep public money 89. Custodian of public money failing to safely keep, etc. 90. Failure of officer to render accounts, etc. 91. Failure to deposit as required 92. Provisions of the five preceding sections, to whom applicable 93. Record evidence of embezzlement 94. Prima facie evidence 95. Evidence of conversion 96. Banker, etc., receiving deposit from disbursing offi 108. 109. ceiving illegal fees Pension agent taking fee, etc. in claims against the 110. Member of Congress, etc., soliciting or accepting bribe, etc. 111. Offering, etc., Member of Congress bribe, etc. 112. Member of Congress taking consideration for procuring contract, office, etc.; offering member consideration, etc. 113. Member of Congress, etc., taking compensation in matters to which United States is a party 114. Member of Congress not to be interested in contract 115. Officer making contracts with Member of Congress 116. Contracts to which two preceding sections do not apply 117. United States officer accepting bribe 118. Political contributions not to be solicited by certain officers 119. Political contributions not to be received in public offices SECTION 120. Immunity from official proscription 121. Giving money to officials for political purposes prohibited 122. Penalty for violating provisions of four predecing sections SECTION 123. Governmental officer, etc., 124. Government officer, etc., SECTION 85. Every officer, clerk, agent, or employee of Extortion the United States, and every person representing himself to be by officials or assuming to act as such officer, clerk, agent, or employee, who, under color of his office, clerkship, agency, or employment, or under color of his pretended or assumed office, clerkship, agency, or employment, is guilty of extortion, and every person who shall attempt any act which if performed would make him guilty of extortion, shall be fined not more than five hundred dollars, or imprisoned not more than one year, or both. This section is taken from the Act of June 28, 1906, c. 3574 (34 St. 546), with the omission of the last sentence "except those officers or agents of the United States otherwise differently and specially provided for in the subsequent sections of this chapter." See U. S. Rev. Sts. § 5481. United States v. Deaver, 14 F. R. 595. This section is in force in Alaska and 4 St. 118, § 12 was in force there from the time of the cession of the territory to the United States to the enactment of the Revised Statutes. United States v. Carr, 3 Sawyer, 302, 25 Fed. Cas. 302. "Officer of the United States": A Chinese inspector is such officer. Williams v. United States, 168 U. S. 382, 42 L. ed. 509. An examining surgeon appointed by the Commissioner of Pensions is not such officer: United States v. Germaine, 99 U. S. 508, 25 L. ed. 482; neither is a special agent of the Land Department appointed under the Appropriation Act of June 4, 1897, c. 2 (30 Stat. 32). United States v. Schlierholz, 137 F. R. 616, 133 Id. 333. 'Extortion" is the unlawful taking by an officer by color of his office, of any money or thing of value that is not due to him, or the taking of any money or 66 Extortion by officials Receipting for larger sums than are paid Disburs ing officers unlawfully using, etc., public money thing of value by color of his office in excess of what is due him or before it is due him. If a register of a land office undertakes to act as attorney for an applicant in procuring a patent and receives from him a gross sum in excess of his legal fees, which sum is taken as well for the execution of his official duties as for the doing of non-official work relating to the patent, and no designated portion of it is taken in payment for either class of services, he is guilty of extortion. United States v. Waitz, 3 Sawyer, 473, 2 L. & Eq. Repr. 42, 28 Fed. Cas. 386. See Ogden v. Maxwell, 3 Blatch. 319, 18 Fed. Cas. 613. To constitute extortion the money must be paid unwillingly. United States v. Harned, 43 F. R. 376. SECTION 86. Whoever, being an officer, clerk, agent, employee, or other person charged with the payment of any appropriation made by Congress, shall pay to any clerk or other employee of the United States a sum less than that provided by law, and require such employee to receipt or give a voucher for an amount greater than that actually paid to and received by him, is guilty of embezzlement, and shall be fined in double the amount so withheld from any employee of the Government and imprisoned not more than two years. This section is the same as U. S. Rev. Sts. § 5483, except that the words "clerk, agent, employee, or other person are inserted in the first line, and the words "not more than" in the last line. A postmaster may be an "officer" within this provision. United States v. Mayers, 81 F. R. 159. SECTION 87. Whoever, being a disbursing officer of the United States, or a person acting as such, shall in any manner convert to his own use, or loan with or without interest, or deposit in any place or in any manner, except as authorized by law, any public money intrusted to him; or shall, for any purpose not prescribed by law, withdraw from the Treasurer or any assistant treasurer, or any authorized depositary, or transfer, or apply, any portion of the public money intrusted to him, shall be deemed guilty of an embezzlement of the money so converted, loaned, deposited, withdrawn, trans |