of the Post-Office Department, or upon demand or order of Misapprothe Postmaster-General, either directly or through a duly au- priating thorized officer or agent, shall be deemed guilty of embezzle- postal funds ment; and every such person, as well as every other or property person advising or knowingly participating therein, shall be fined in a sum equal to the amount or value of the money or property embezzled, or imprisoned not more than ten years, or both. Any failure to produce or to pay over any such money or property, when required so to do as above provided, shall be taken to be prima facie evidence of such embezzlement; and upon the trial of any indictment against any person for such embezzlement, it shall be prima facie evidence of a balance against him to produce a transcript from the account books of the Auditor for the Post-Office Department. But nothing herein shall be construed to prohibit any postmaster depositing, under the direction of the Postmaster-General, in a national bank designated by the Secretary of the Treasury for that purpose, to his own credit as postmaster, any funds in his charge, nor prevent his negotiating drafts or other evidences of debt through such bank, or through United States disbursing officers, or otherwise, when instructed or required so to do by the Postmaster-General, for the purpose of remitting surplus funds from one post-office to another. This section is taken from U. S. Rev. Sts. §§ 4046, 4053, but is enlarged. Whitworth v. United States, 114 F. R. 302; United States v. Young, 25 Id. 710. Issuing a money order to pay his personal debts is an embezzlement of funds by a clerk. United States v. Royer, 122 F. R. 844. The money must have come into the hands of the defendant by virtue of his employment. United States v. Allen, 150 F. R. 152. The intent of a postmaster who issues a money order without receiving the money therefor to make up the amount later is no defense. Vives v. United States, 92 F. R. 355. Money received and receipted for by a rural carrier to be used in forwarding money orders is within this section. United States v. Mann, 160 F. R. 552. After a postmaster's term of office has expired, and his accounts have been allowed by the auditor, the accounts can be reopened for the Misappro- purpose of charging him with a balance, only on clear evipriating dence of fraud. United States v. Hutcheson, 39 F. R. 540; postal funds or property United States v. Miller, 8 Utah, 29. As to the punishment under former wording of the statute, see Woodruff v. United States, 58 F. R. 766, 68 Id. 536; United States v. Swan, 7 New Mex. 306, 310. Employees in mail contracts Fraudulent use of official envelopes Fraudulently increasing weight of mail SECTION 226. Whoever, being a person employed in the postal service, shall become interested in any contract for carrying the mail, or act as agent, with or without compensation, for any contractor or person offering to become a contractor in any business before the Department, shall be immediately dismissed from office, and shall be fined not more than five thousand dollars, or imprisoned not more than one year, or both. This section is the same as U. S. Rev. Sts. § 412, except that the penalty of an action for debt is changed to fine or imprisonment or both. 24 A. G. Op. 557, 559. SECTION 227. Whoever shall make use of any official envelope, label, or indorsement authorized by law, to avoid the payment of postage or registry fee on his private letter, packet, package, or other matter in the mail, shall be fined not more than three hundred dollars. This section is taken from the Acts of Nov. 3, 1877, c. 103, § 5 (19 St. 335), March 3, 1879, c. 180, § 29 (20 St. 362), July 5, 1884, c. 234, § 3 (23 St. 158), and July 2, 1886, c. 611 (24 St. 122). There is a change in the punishment. 16 A. G. Op. 455; 25 Id. 354, 363. The Monthly Bulletin of the Bureau of American Republics is not within this section. 21 A. G. Op. 514. Where a member of Congress has made an inquiry of a Department about official business, the reply may be addressed to the party concerned in a penalty envelope and sent unsealed to the member, to be forwarded by him to its destination. 16 A. G. Op. 501. SECTION 228. Whoever shall place or cause to be placed any matter in the mails during the regular weighing period, for the purpose of increasing the weight of the mail, with intent to cause an increase in the compensation of the railroad mail carrier over whose route such mail may pass, Fraudushall be fined not more than twenty thousand dollars, or lently inimprisoned not more than five years, or both. creasing weight of This section is the same as the Act of June 13, 1898, mail c. 446, § 1 (30 St. 442), except a change in the punishment. transit SECTION 229. Every foreign mail shall, while being trans- Offenses ported across the territory of the United States under authority against of law, be taken and deemed to be a mail of the United States foreign so far as to make any violation thereof, or depredation thereon, mail in or offense in respect thereto, or any part thereof, an offense of the same grade, and punishable in the same manner and to the same extent as though the mail was a mail of the United States; and in any indictment or information for any such offense, the mail, or any part thereof, may be alleged to be, and on the trial of any such indictment or information it shall be deemed and held to be, a mail or part of a mail of the United States. This section is the same as U. S. Rev. Sts. § 4013, except that the words "or information" are inserted. SECTION 230. Every person employed in the postal service Omission shall be subject to all penalties and forfeitures for the viola- to take oath tion of the laws relating to such service, whether he has taken the oath of office or not. This section is the same as U. S. Rev. Sts. § 3832. SECTION 231. The words "postal service," wherever used Definition in this chapter, shall be held and deemed to include the “PostOffice Department.' This section is new. 14 Explosives carried on vessels or vehicles with pas hire forbidden CHAPTER NINE OFFENSES AGAINST FOREIGN AND INTERSTATE SECTION 232. Dynamite, etc., not to be 233. Interstate Commerce Com- 234. Nitroglycerine, etc., not to be 235. Marking of packages of explo sives; deceptive marking 237. Importation and transporta- 238. Interstate shipment of in- SECTION of to be made only to bona fide consignee. 239. Common carrier, etc., not to collect purchase price of interstate shipment of intoxicating liquors 240. Packages containing intoxicating liquors shipped in interstate commerce to be marked as such. 241. Importation of certain wild animals and birds forbidden 242. Transportation of prohibited 243. Marking of packages 245. Importation and transporta- SECTION 232. It shall be unlawful to transport, carry, or convey, any dynamite, gunpowder, or other explosive, between a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between sengers for a place in any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, and a place in any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description operated by a common carrier, which vessel or vehicle is carrying passengers for hire: Provided, That it shall be lawful to transport on any such vessel or vehicle small arms, ammunition in any quantity, and such fuses, torpedoes, rockets, or other signal devices, as may be essential to promote safety in operation, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of one-half pound each, and not exceeding twenty samples at one time in a single vessel or vehicle; but such Explosives samples shall not be carried in that part of a vessel or vehicle carried on which is intended for the transportation of passengers for hire: vessels or Provided further, That nothing in this section shall be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger hire forequipment vessels or vehicles. This section is taken from the Act of May 30, 1908, c. 234, § 1 (35 St. 554). See also U. S. Rev. Sts. §§ 4278, 5353. The Act of May 30, 1908, was repealed by § 341, infra. This section and §§ 233, 234, and 235, which follow, do not appear in the bill reported to Congress by the committee on revision. Bowman v. Chicago & Northwestern R. Co., 125 U. S. 465, 484, 31 L. ed. 700; Leisy v. Hardin, 135 Id. 100, 154, 34 L. ed. 128. Nitroglycerine has been held to include dynamite. United States v. Saul, 58 F. R. 763. vehicles with pas sengers for bidden made by SECTION 233. The Interstate Commerce Commission Regulashall formulate regulations for the safe transportation of ex- tions for plosives, which shall be binding upon all common carriers transportengaged in interstate or foreign commerce which transport sives to be ing exploexplosives by land. Said commission, of its own motion, or upon application made by any interested party, may make Interstate changes or modifications in such regulations, made desirable Commerce by new information or altered conditions. Such regulations Commission shall be in accord with the best known practicable means for securing safety in transit, covering the packing, marking, loading, handling while in transit, and the precautions necessary to determine whether the material when offered is in proper condition to transport. Such regulations, as well as all changes or modifications thereof, shall take effect ninety days after their formulation and publication by said commission and shall be in effect until reversed, set aside, or modified. See § 232. cluded from SECTION 234. It shall be unlawful to transport, carry, or High exploconvey liquid nitroglycerin, fulminate in bulk in dry con- sives exdition, or other like explosive, between a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in one State, Territory, or vehicles certain vessels or |