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See note l.
statutes relating to the District of Columbia; to post-roads, and the public treaties in force on the first day of December, one thousand eight hundred and seventy-three, with a suitable index to each, shall be published in a separate volume, and entitled and labeled “Revised Statutes relating
to District of Columbia and Post-Roads. Public treaties, To be stereo. That the Secretary of State shall cause the two volumes typed, etc. Distribution to be stereotyped and such number of each volume to be
printed and substantially bound at the Government PrintIdem, n. 4.
ing Office as he may deem needful, for public distribution
as hereinafter provided, and for sale by his office. Act March 15, SEC. 4. Hereafter the Secretary of State shall cause to be U s. Statutes delivered to the Superintendent of Documents the Revised sold him Supt. Statutes, supplements thereto, session laws, and Statutes
at Large, to supply deficiencies, and to be sold by him under the provisions of section sixty-one of the Act approved January twelfth, eighteen hundred and ninety-five, entitled "An Act providing for the public printing and binding and distribution of public documents.”
[The statutes of the United States are edited, printed, stereotyped and distributed, in accordance with law, under the direction of the Secretary of State. They are sold at the cost of the paper, presswork, and binding, with ten per cent added thereto, to any person applying for the same.
Under section 8 of the act of Congress approved June 20, 1874, vol. 18, p. 113, the printed copies of the acts of Congress, as edited and
See p. 238.
Note 1.- Whenever a power is given by a statute everything necessary to the mak. ing of it effectual or requisite to attain the end is implied. (1 Kent's Com., 461; Quoted in Op., XV, p. 213.)
Where power is given by a statute to public officers in permissive language, as they "may if deemed advisable" do certain thing, the language used will be regarded as peremptory when the public interests or individual rights require that it should be. (Wallace, S. C., IV, p. 709.).
Where a statute imposes a particular duty on an executive officer and he has acted (performing the duty to his understanding of the statute) there is no appeal from his action to the President or to any other executive officer, unless such appeal is provided for by law. (Op., XVI, 317, Devens, May 2, 1879.)
When the intent and meaning of a statute is expressly declared by a provision therein, to carry out that intent all other parts of the act must yield. A proviso in an act " repugnant to the purview thereof is not void, but stands as the last expres. sion of the legislative will.” (Op., XV, p. 74. Quotes Farmers' Bank v. Hale, 59 N. Y., 53.)
A general repealing clause, such as is often introduced at the close of enactments, may make the legislative intent clearer, but it is not necessary to give effect to the legislation otherwise expressed. (C.C., XX, 323. Fisher's case.)
A later statute, in the affirmative and general, does not take away a former act which is particular and special. Sundry cases cited. (Op., VI, p. 45, Cushing.)
An earlier law is never to be taken as repealed by a later, without words to that effect, unless they be go inconsistent that both cannot stand together. (Op., IX, p. 48, Black.) The earlier is never abrogated by the later unless the two are so Hatly repugnant that they can not possibly stand together. Any reasonable inter pretation is to be adopted which may be necessary to prevent one from interfering with the other. (Idem, p. 122.)
No statute, however positive in terms, is to be construed as designed to interfere with existing rights of action or vested rights unless the intention that it should so operate is expressly declared or necessarily implied. (C. C., IX, p. 106, S. C., Wal. lace, XX, p. 179.)
A statute may not be repealed, yet its snbject-matter may expire and the act become inoperative. (C.C., III, 152, Wallace, 62.)
In all statute law, the particular provision, especially whenever subsequent, restrains and modities the general. (Op., IV, p. 182.)
In construing statutes aid may be derived from attention to the state of things as it appeared to the legislature when the statute was enacted. (S.C., Otto, 99, p. 48.)
The principle is well settled tbat statutes are to be construed as operative pros. pectively only, unless their language clearly and imperatively demands that retrospectivo effect shall be given them. (Op., XV, pp. 222, 259.) A retroactive effect, especially when it would be a violation of contracts, is not to be given to the words of a statute unless they are too express to admit of any other interpretation. (Op., IV, p. 141.)
No effect can be given by the judiciary to an act of Congress which seeks to declare retrospectively the legal effect to be given to other statutes. (C. C., VII, 109 Wallace, VIII, 330.)
Every law is presunied to be prospective in its operation unless the contrary clearly appears. (Op., XV, 183.)
printed and issued under the direction of the Secretary of State, are "legal evidence of the laws and treaties therein contained, in all the courts of the United States and of the several States therein."
The sixth section of the act of Congress approved June 20, 1874, provides for the distribution to the Navy Department, including those for the use of the officers of the Navy, of one hundred copies of the pamphlet edition of the acts and resolves of Congress at the close of each session; and the seventh section of the same act provides for distribution of the bound copies of the Statutes at Large for each Congress as follows: “To the Navy Department, including a copy for the library at the Naval Academy at Annapolis, a copy for the library of each navy-yard in the United States, a copy for the library of the Brooklyn Naval Lyceum, and a copy for the library of the Naval Institute at Charlestown, Mass., sixty-five copies.”
Joint Resolution No. 22, approved May 22, 1878, v. 20, p. 251, provided for the distribution of the second edition of the Revised Statutes recently printed: To the “Navy Department, including three copies for the library of the Naval Academy at Annapolis, a copy for the library of each navy-yard in the United States, a copy for the Brooklyn Naval Lyceum, and a copy for the library of the Naval Instituto at Charlestown, Mass., seventy copies."
Joint Resolution No. 44, approved June 7, 1880, v. 21, p. 308, provides for the publication, sale, and distribution of a “supplement to the Revised Statutes.” This supplement is to be taken to be prima facie ovidence of the laws therein contained in all the courts of the United States and of the several States and Territories therein; but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress: Prorided, That nothing herein contained shall be constrned to change or alter any existing law."
The acts approved March 2, 1877, chap. 82, s. 4, v. 19, p. 268, and March 9, 1878, chap. 26, v. 20, p. 27, provide that after the second edition of the Revised Statutes is certified to under the seal of the Secretary of State and when printed and promulgated "shall be legal evidence of the laws therein contained, in all the courts of the United States, and of the several States and Territories, but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress since the first day of December, eighteen hundred and seventy-three."]
BRIBES, CONTRIBUTIONS, PRESENTS, ETC.
to which the Uuited States is a
bribe, etc. 5502. Forfeiture of office. Act Aug. 15, 1876, and Act Jan. 16, 1883.
Soliciting and receiving contribu
tions for political purposes. Presents from foreign governments
. Seo note 1.
Title 15, chap.6. SEC. 1546. No officer or employé of the Government shall Contributions require or request any workingman in any navy-yard to for political pur- contribute or pay any money for political purposes, por Mar. 2, 1867, s. shall any workingman be removed or discharged for politi3, v. 14, p. 492 See acts Aug.
cal opinion; and any officer or employé of the Government 15, 1876, and Jan. who shall offend against the provisions of this section shall
be dismissed from the service of the United States. Title 19. SEC. 1781. Every member of Congress or any officer or Prohibition agent of the Government who, directly or indirectly, takes, upon taking con: receives, or agrees to receive, any money, property, or procuring con. other valuable consideration whatever, from any person for
Scotty 18, 1984.2.6: procuring, or aiding to procure, any contraet, office, or 12, p. 577 ; Feb. place, from the Government, or any Department thereof, 25, 1863, v. 12, p. or from any officer of the United States, for any person
whatever, or for giving any such contract, office or place to any person whomsoever, and every person who, directly or indirectly, offers or agrees to give, or gives, or bestows any money, property, or other valuable consideration whatever, for the procuring or aiding to procure any such contract, office, or place, and every member of Congress who, directly or indirectly, takes, receives, or agrees to receive any money, property, or other valuable consideration whatever after his election as such member, for his attention to, services, action, vote, or decision on any question, matter, cause, or proceeding which may then be pending, or may by law or under the Constitution be brought before him in his official capacity, or in his place as such member of Congress, shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years and fined not more than ten thousand dollars. And any such contract or agreement may, at the option of the President, be declared absolutely null and void ; and any member of Congress or officer convicted of a violation of this section, shall, moreover, be disqualified from holding any office of honor, profit, or trust under the Government of the United States.
Note 1.-Sections 1781 and 1782 make it illegal for an officer of the United States to have that sort of connection with a Government contract which an agent, attor. ney, or solicitor assumes when he procures or aids to procure such contract for another, and when he prosecutes for another against the Government any claim founded upon a Government contract. They forbid also, the receiving by officers, for such services, any compensation, including that of an interest in the contract. (Op., XIV, 483, Oct. 29, 1874, Williams.)
See secs. 3739 to
SEC. 1782. No Senator, Representative, or Delegate, after Upon taking his election and during his continuancein office, and no head matters to which of a Department, or other officer or clerk in the employ of United States is the Government, shall receive or agree to receive any com- Juno 11, 1864, pensation whatever, directly or indirectly, for any services ".Se: B:13:33 rendered, or to be rendered, to any person, either by him-3742 self or another, in relation to any proceeding, contract, claim, Division I.
and Supplies, 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. Every person offending against this section shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years, and fined not more than ten thousand dollars, and shall, moreover, by conviction therefor, be rendered forever thereafter incapable of holding any office of honor, trust, or profit under the Government of the United States.
SEC. 1784. No officer, clerk, or employé in the United Prohibition of States Government employ shall at any time solicit con- presents, etc., to tributions from other officers, clerks, or employés in the superiors,
Feb. 1, 1870, v. Government service for a gift or present to those in a supe. 16, p. 63. rior official position; nor shall any such officials or clerical superiors receive any gift or present offered or presented to them as a contribution from persons in Government employ receiving a less salary than themselves; nor shall any officer or clerk make any donation as a gift or present to any official superior. Every person who violates this section shall be summarily discharged from the Government employ.
SEC. 5450. Every person who promises, offers, gives, or Title 70, chap. 5. causes or procures to be promised, offered or given, any Bribery money or other thing of value, or makes, or tenders any contract, undertaking, obligation, gratuity, or security for Feb. 26, 1853, s. the payment of money, or for the delivery or conveyance
6, v. 10, p. of anything of value, to any member of either House of Congress, either before or after such member has been qualified or has taken his seat, with intent to influence his vote or decision on any question, matter, cause, or proceeding which may be at any time pending in either House of Congress, or before any committee thereof, shall be fined not more than three times the amount of money or value of the thing so offered, promised, given, made or tendered, or caused or procured to be so offered, promised, given, made, or tendered, and shall be, moreover, imprisoned not more than three years.
SEC. 5451. Every person who promises, offers, or gives, Bribery of any or causes or procures to be promised, offered, or given, any officers. money or other thing of value, or makes or tenders any con July 13, 1866, s. tract, undertaking, obligation, gratuity, or security for the
July 18, 1866, s.35, payment of money, or for the delivery or conveyance of y. 14, p. 188; Mar
3, 1863, s. 6, v. 12, anything of value, to any officer of the United States, or p. 740. to any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the Government thereof, or to any officer or persou acting for or on behalf of either House of Con
of member of Con. gress.
62, v. 14, p. 168 ;
gress, or of any committee of either House, or both Houses thereof, with intent to influence 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, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be punished as prescribed in the pre
ceding section. Title 70, chap. 6. SEC. 5498. Every officer of the United States, or person Officers, etc., in- holding any place of trust or profit, or discharging any
in official function under, or in connection with, any Executive Feb. 28, 1853, s. Department of the Government of the United States, or 2, v. 10, p. 170.
under the Senate or House of Representatives of the United States, who acts 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, aids or assists in the prosecution or support of any such claim, or receives 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 pay a fine of not more than five thousand dol.
lars, or suffer imprisonment not more than one year, or both. Member of
SEC. 5500. Any member of either House of Congress who Congress accepting bribe, etc. asks, accepts, or receives any money, or any promise, conFeb. 26, 1852, s. tract, undertaking, obligation, gratuity, or security for the See sec. 5450. payment of money, or for the delivery or conveyance of
anything of value, either before or after he has been qualified or has taken his seat as such member, with intent to have his vote or decision on any question, matter, cause, or proceeding which may be at any time pending in either house, or before any committee thereof, influenced thereby, shall be punished by a fine not more than three times the amount asked, accepted, or received, and by imprisonment not more than three years.
SEC. 5501. Every officer of the United States, and every officer accepting
person acting for or on behalf of the United States, in any July 13, 1866,8: Official capacity under or by virtue of the authority of any July 18, 1866, s. department or office of the Government thereof; and every Mar. 3, 1863, s. 6 officer or person acting for or on behalf of either House of v. 12, p. 740. Congress, or of any committee of either House, or of both
Houses thereof, who asks, accepts, or receives 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 be by law brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be punished as prescribed in the preceding section.
SEC. 5502. Every member, officer, or person, convicted offico.
under the provisions of the two preceding sections, who
See sec. 5498, under Claims.