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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, Terri- Conspiring tory, or District conspire to prevent, by force, intimidation, or

to prevent

officer from threat, any person from accepting or holding any office, trust,

performing or place of confidence under the United States, or from dis- duties charging 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. 8 5518. Clune v. United States, 159 U. S. 590, 40 L. ed. 269; United States v. Johnson, 26 F. R. 682.

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

polls 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- SECTION 23. Every officer or other person in the military ing voters or naval service of the United States who, by force, threat, by Army intimidation, order, advice, or otherwise, prevents, or ator Navy

tempts to prevent, any qualified voter of any State from freely officers, etc. 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. Army or Navy offi.

SECTION 24. Every officer of the Army or Navy who precers pre

scribes or fixes, or attempts to prescribe or fix, whether by scribing

proclamation, order, or otherwise, the qualifications of voters qualifications of

at any election in any State shall be punished as provided in voters

the preceding section.

This section is the same as U. S. Rev. Sts. $ 5530. Interfering with elec

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 offi- compel, 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.

This section is practically identical with U. S. Rev Sts. § 5531.

Additional SECTION 26. Every person convicted of any offense defined punish- in the four preceding sections shall, in addition to the punment. Suf- ishment therein prescribed, be disqualified from holding any frage by

office of honor, profit, or trust under the United States; but officers, etc., not

nothing therein shall be construed to prevent any officer, solimpaired dier, 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 at

torney, etc. 30. Having forged papers in pos

session 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, har

bor defenses, etc. 45. Unlawfully entering upon mil

itary reservation, fort, etc. 46. Robbery or larceny of per

sonal property of the United

States 47. Embezzling, stealing, etc.,

public property

SECTION 48. Receivers, etc., of stolen prop

erty 49. Timber depredations on pub

lic lands 50. Timber, etc., depredations on

Indian and other reserva

tions 51. Boxing, etc., timber on pub

lic lands for turpentine,

etc. 52. Setting fire to timber on pub

lic lands 53. Failing to extinguish fires 54. Fines to be paid into school

fund 55. Trespassing on Bull Run Na

tional Forest, Oregon 56. Breaking fence or gate inclos

ing reserved lands, or driving or permitting live stock

to enter upon 57. Injuring or removing posts or

monuments 58. Interrupting surveys 59. Agreement to prevent bids at

sale of lands 60. Injuries to United States tele

graph, etc., lines 61. Counterfeiting weather fore

cast 62. Interfering with employees of

Bureau of Animal Industry 63. Forgery of certificate of entry 64. Concealment or destruction

of invoices, etc. 65. Resisting revenue officer; res

cuing or destroying seized

property, etc. 66. Falsely assuming to be a

revenue officer 67. Offering presents to revenue

officer

SECTION
68. Admitting merchandise to

entry for less than legal

duty
69. Securing entry of merchandise

by false samples, etc.
70. False certification by consular

officer
71. Taking seized property from

custody of revenue officer
72. Forging or altering ship's

papers or custom-house

documents
73. Forging military bounty land

warrant, etc.
74. Forging, etc., certificate of

citizenship
75. Engraving, etc., plate for

printing, or photographing,
selling, or bringing in to
United States, etc., certifi-
cate of citizenship

SECTION
76. False personation, etc., in

procuring naturalization
77. Using false certificate of citi-

zenship or denying citizen

ship, etc. 78. Using false certificate, etc., as

evidence of right to vote, etc. 79. Falsely claiming citizenship 80. Taking false oath in natural

ization proceedings 81. Provisions applicable to all

courts of naturalization 82. Shanghaiing and falsely in

ducing person intoxicated

to go on vessel prohibited 83. Corporations, etc., not to

contribute money for politi

cal elections, etc. 84. Hunting birds, or taking their

eggs from breeding grounds, prohibited

Forging, etc., of letters patent

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 more 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.

Forging SECTION 28. Whoever shall falsely make, alter, forge, or bonds, bids, counterfeit, or cause or procure to be falsely made, altered, public

forged, or counterfeited, or willingly aid, or assist in the records, etc.

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, proposal, 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 g 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.

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