A number of special conspiracy provisions, relating to specific offenses, which were contained in various sections incorporated in this title, were omitted because adequately covered by this section. A few exceptions were made, (1) where the conspiracy would constitute the only offense, or (2) where the punishment provided in this section would not be commensurate with the gravity of the offense. Special conspiracy provisions were retained in sections 241, 286, 372, 757, 794, 956, 1201, 2271, 2384 and 2388 of this title. Special conspiracy provisions were added to sections 2153 and 2154 of this title.

CANAL ZONE

Applicability of section to Canal Zone, see section 14 of this title.

CROSS REFERENCES

Civil rights, conspiracy against, see section 241 of this title.

Claims; conspiracy to obtain allowance or payment, see section 286 of this title.

Conspiracy to

Cast away or destroy vessel, see section 2271 of this title.

Gather defense information, see section 794 of this title.

Injure property of foreign government, see section 956 of this title.

Kidnap, see section 1201 of this title. Seditious conspiracy, see section 2384 of this title.

§ 372. Conspiracy to impede or injure officer.

If two or more persons in any State, Territory, Possession, 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 the 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 $5,000 or imprisoned not more than six years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 701.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 54 (Mar. 4, 1909, ch. 321, § 21, 35 Stat. 1092).

Scope of section was enlarged to cover all possessions of the United States. When the section was first enacted in 1861 there were no possessions, and hence the use of the words "State or Territory" was sufficient to describe the area then subject to the jurisdiction of the United States. The word "District" was inserted by the codifiers of the 1909 Criminal Code.

(1) Misbehavior of any person in its presence or so near thereto as to obstruct the administration of justice;

(2) Misbehavior of any of its officers in their official transactions;

(3) Disobedience or resistance to its lawful writ, process, order, rule, decree, or command. (June 25, 1948, ch. 645, § 1, 62 Stat. 701.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 385 of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary (Mar. 3, 1911, ch. 231, § 268, 36 Stat. 1163).

Said section 385 conferred two powers. The first part authorizing courts of the United States to impose and administer oaths will remain in title 28, U. S. C., 1940 ed., Judicial Code and Judiciary. The second part relating to contempt of court constitutes this section.

Changes in phraseology and arrangement were made. CROSS REFERENCES

Foreign witnesses, see sections 1783 and 1784 of title 28, Judiciary and Judicial Procedure.

Garnishee, failure to appear at term for which summoned, as contempt, see section 2405 of Title 28, Judiciary and Judicial Procedure.

Obstruction of justice, see section 1501 et seq. of this

title.

FEDERAL RULES OF CRIMINAL PROCEDURE Prosecution of criminal contempt by summary disposition or notice and hearing, see rule 42, following section 3771 of this title.

Statutory provisions defining criminal contempts, see Notes of Advisory Committee on Rules, rule 42.

§ 402. Contempts constituting crimes.

Any person, corporation or association willfully disobeying any lawful writ, process, order, rule, decree, or command of any district court of the United States or any court of the District of Columbia, by doing any act or thing therein, or thereby forbidden, if the act or thing so done be of such character as to constitute also a criminal offense under any statute of the United States or under the laws of any State in which the act was committed, shall be prosecuted for such contempt as provided in section 3691 of this title and shall be punished by fine or imprisonment, or both.

Such fine shall be paid to the United States or to the complainant or other party injured by the act constituting the contempt, or may, where more than one is so damaged, be divided or apportioned among them as the court may direct, but in no case shall the fine to be paid to the United States exceed, in case the accused is a natural person, the sum of $1,000, nor shall such imprisonment exceed the term of six months.

This section shall not be construed to relate to contempts committed in the presence of the court, or so near thereto as to obstruct the administration of justice, nor to contempts committed in disobedience of any lawful writ, process, order, rule, decree, or command entered in any suit or action brought or prosecuted in the name of, or on behalf of, the United States, but the same, and all other cases of contempt not specifically embraced in this section may be punished in conformity to the prevailing usages at law. (June 25, 1948, ch. 645, § 1, 62 Stat. 701; May 24, 1949, ch. 139, § 8 (c), 63 Stat. 90.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on sections 386, 387, 389, and 390a of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary (Oct. 15, 1914, ch. 323, §§ 1, 21, 22, 24, 38 Stat. 730, 738, 739).

Section 21 of the Clayton Act, section 386 of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary, is here consolidated with parts of sections 1, 22, and 24 of the same act. Section 1 of said act, section 390a of title 28 U. S. C., 1940 ed., Judicial Code and Judiciary, defined person or persons. Section 22 of said act, section 387 of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary, regulated the procedure and provided for the punishment of contempts. Section 24 of said act, section 389 of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary, limited the application of these sections to certain kinds of contempt.

In transferring these sections to this title and in consolldating them numerous changes of phraseology were necessary which do not, however, change their meaning or substance. Words "corporation or association" were inserted after "any person" in substitution for the defilnition provisions of section 390a of title 28, U. S. C., 1940 ed., Judicial Code and Judiciary, which read as follows: "The word 'person' or 'persons' wherever used in sections 381-383, 386-390a of this title, sections 12, 13, 14-19, 20, 21, 22-27 and 44 of title 15, and section 412 of title 18 shall be deemed to include corporations and associations existing under or authorized by the laws of either the United States, the laws of any of the Territories, the laws of any State, or the laws of any foreign country."

The words "any person, corporation, or association," unqualified except by the context of the section mean all that the more lengthy definition included. Only those persons, corporations, and associations who were parties to the order or had actual notice of it may be punished for contempt. (See McCauly v. First Trust & Savings Bank, C. C. A. Ill. 1921, 276 F. 117. See, also, National Labor Relations Board v. Blackstone Mfg. Co., C. C. A. 1941, 123 F. 2d 633.) The fact that the contemnor was incorporated or organized under a foreign law or under the laws of a particular State or Territory would hardly be relevant to the issue of criminal contempt.

As noted above these sections were part of the Clayton Act, entitled "An act to supplement existing laws against unlawful restraints and monopolies, and for other purposes." Whatever doubt might have existed as to whether the contempt provisions were variously limited to antitrust cases seems to be dispelled by the case of Sandefur v. Canoe Creek Coal Co. (C. C. A. Ky. 1923, 293 F. 379, certified question answered 45 S. Ct. 18, 266 U. S. 42, 69 L. Ed. 162, 35 A. L. R. 451), where the court says: "The act, considered as a whole, covers several more or less distinct subjects. The first eight sections pertain directly to the subject of trust and monopolies; section 9 concerns interstate commerce; section 10, combinations among common carriers; section 11, proceedings to enforce certain provisions of the act; sections 12-16, antitrust procedure and remedies; sections 17-19, regulations of injunction and restraining orders in all cases; section 20 limits the power of an equity court to issue any injunction in a certain class of cases, viz., between employer and the employee; and sections 21-24 pertain to procedure in any district court, punishing contemptuous disregard of any order of such court, providing the act constituting contempt is also a criminal offense. Observing this relation of the various parts of the act to each other, we think 'within the purview of this act' must refer to that portion of the act which most broadly covers the subject-matter to which section 22 is devoted, and this portion is section 21, which reaches all cases where the act of contempt is also a criminal offense. We know of nothing in the legislative history of the act, or within the common knowledge as to the then existing situation, which justifies us in thinking that 'within the purview of this act,' in section 22, meant to limit its effect to the employer-employee provisions of section 20, or even to the antitrust scope of some of the earlier sections." (See also Michaelson v. United States, 1924, 45 S. Ct. 18, 166 U. S.

42, 69 L. Ed. 162, 35 A. L. R. 451, and H. Rept. No. 613, 62d Cong., 2d sess., to accompany H. R. 15657.)

AMENDMENTS

1949-Act May 24, 1949 amended catchline from "Criminal contempts" to its present reading.

CROSS REFERENCES

Applicability of this section to the insurance business, see sections 1011-1015 of Title 15, Commerce and Trade. Criminal contempt procedure, see Rule 42 of the Federal Rules of Criminal Procedure.

District Courts given jurisdiction to issue writs of inJunction or other proper process, mandatory or otherwise, as may be necessary to restrain violations or compel obedience to orders of Interstate Commerce Commission, see section 5 (8) of Title 49, Transportation.

Limitation of proceedings, see section 3285 of this title. Witness' failure to appear before foreign court to answer interrogatories of United States courts made contempt, see section 1784 of Title 28, Judiciary and Judicial Procedure.

1951-Analysis amended by act Oct. 31, 1951, ch. 655, § 18, 65 Stat. 717, which, at end of item 431, struck out "; exceptions".

§ 431. Contracts by Member of Congress.

Whoever, being a Member of or Delegate to Congress, or a Resident Commissioner, either before or after he has qualified, directly or indirectly, himself, or by any other person in trust for him, or for his use or benefit, or on his account, undertakes, executes, holds, or enjoys, in whole or in part, any contract or agreement, made or entered into in behalf of the United States or any agency thereof, by any officer or person authorized to make contracts on its behalf, shall be fined not more than $3,000.

All contracts or agreements made in violation of this section shall be void; and whenever any sum of money is advanced by the United States or any agency thereof, in consideration of any such contract or agreement, it shall forthwith be repaid; and in case of failure or refusal to repay the same when demanded by the proper officer of the department or agency under whose authority such contract or agreement shall have been made or entered into, suit shall at once be brought against the person so failing or refusing and his sureties for the recovery of the money so advanced. (June 25, 1948, ch. 645,

§ 1, 62 Stat. 702; Oct. 31, 1951, ch. 655, § 19, 65 Stat. 717.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 204 (Mar. 4, 1909, ch. 321, § 114, 35 Stat. 1109).

Word "agency" was inserted in three places to eliminate any ambiguity as to scope of section. (See definition of department or agency under section 6 of this title.) Minor changes were made in phraseology.

AMENDMENTS

1951-Catchline of section amended by act Oct. 31, 1951, which struck out "; exceptions", following “Congress".

CROSS REFERENCES

Contracts not affected by this section, see section 433 of this title.

Counterfeiting and forgery of contracts, see section 495 of this title.

Interest in contracts with government prohibited, see section 22 of Title 41, Public Contracts.

Loans or payments made under Agricultural Adjustment Act of 1938 as not affected by this section, see section 1386 of Title 7, Agriculture.

§ 432. Officer or employee contracting with Member of Congress.

Whoever, being an officer or employee of the United States, on behalf of the United States or any agency thereof, directly or indirectly makes or enters into any contract, bargain, or agreement, with any Member of or Delegate to Congress, or any Resident Commissioner, either before or after he has qualified, shall be fined not more than $3,000. (June 25, 1948, ch. 645, § 1, 62 Stat. 702.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 205 (Mar. 4, 1909, ch. 321, § 115, 35 Stat. 1109). Words "agency" and "employee" were inserted to eliminate any ambiguity as to scope of section. (See definition of agency under section 6 of this title.) Changes were made in phraseology.

CROSS REFERENCES

Contracts not affected by this section, see section 433 of this title.

Loans or payments made under Agricultural Adjustment Act of 1938 as not affected by this section, see section 1386 of Title 7, Agriculture.

§ 433. Exemptions with respect to certain contracts. Sections 431 and 432 of this title shall not extend to any contract or agreement made or entered into, or accepted by any incorporated company for the general benefit of such corporation; nor to the purchase or sale of bills of exchange or other property where the same are ready for delivery and payment therefor is made at the time of making or entering into the contract or agreement. Nor shall the provisions of such sections apply to advances, loans, discounts, purchase or repurchase agreements, extensions, or renewals thereof, or acceptances, releases or substitutions of security therefor or other contracts or agreements made or entered into under the Reconstruction Finance Corporation Act, the Agricultural Adjustment Act, the Federal Farm Loan Act, the Emergency Farm Mortgage Act of 1933, the Federal Farm Mortgage Corporation Act, the Farm Credit Act of 1933, or the Home Owners Loan Act of 1933, the Farmers' Home Administration Act of 1946, the Bankhead-Jones Farm Tenant Act, or to crop insurance agreements or contracts or agreements of a kind which the Secretary of Agriculture may enter into with farmers.

Any exemption permitted by this section shall be made a matter of public record. (June 25, 1948, ch. 645, § 1, 62 Stat. 703.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 1514 (f) of title 7, U. S. C., 1940 ed., Agriculture; sections 264w, 598, 1138d

(e), 1441 (e), 1467 (d) of title 12, U. S. C., 1940 ed., Banks and Banking; section 616 (e) of title 15, U. S. C., 1940 ed., Commerce and Trade; title 18, U. S. C., 1940 ed., § 206 (Mar. 4, 1909, ch. 321, § 116, 35 Stat. 1109; Dec. 23, 1913, ch. 6, § 22 (j), as added June 19, 1934, ch. 653, § 3, 48 Stat. 1107; Jan. 22, 1932, ch. 8, § 16 (e), 47 Stat. 12; July 22, 1932, ch. 522, § 21, 47 Stat. 738; June 13, 1933, ch. 64, § 8, 48 Stat. 135; June 16, 1933, ch. 98, § 64, 48 Stat. 268, 269; Jan. 25, 1934, ch. 5, 48 Stat. 337; Jan. 31, 1934, ch. 7, § 13, 48 Stat. 347; June 27, 1934, ch. 847, title V. § 510, 58 Stat. 1264; May 28, 1935, ch. 150, §§ 20, 21, 49 Stat. 298; Aug. 23, 1935, ch. 614, § 101, 49 Stat. 703; Aug. 26, 1937, ch. 821, 50 Stat. 838; Feb. 16, 1938, ch. 30, title V, § 514, 52 Stat. 77). These sections were consolidated with such changes of phraseology as were necessary to effect consolidation. Said section 206 of title 18, U. S. C., 1940 ed., was the principal source of this section, but the enumeration of the kinds of commitments exempted was drawn from the various sections of said title 12 set forth above. The reference to crop insurance agreements is drawn from section 1514 (f) of title 7, Agriculture.

The applicability provisions of the sections here consolidated were unclear and of doubtful value. As revised the section preserves everything of value without change of substance.

References to the Bankhead-Jones Farm Tenant Act and the Farmers' Home Administrative Act of 1946 were included in this revised section notwithstanding the omission (and consequent repeal) of former subsection (d) of section 52 of the said Bankhead-Jones Act (1937) (Title 7, U. S. C., 1940 ed., § 1026) in the amendment of said section 52 of such Act by section 3 of the said Farmers' Home Administration Act of 1946 (August 14, 1946, ch. 964, 60 Stat. 1062). The essential nature of the transactions under the several acts would render inconsistent any attempt to include some and exclude others.

REFERENCES IN TEXT

The popular name Acts referred to in the text have been classified to the Code as follows:

Reconstruction Finance Corporation Act.-Sections 601-603, 604, 605, 606, 607, 608, 609, and 611 of Title 15, Commerce and Trade.

Agriculture Adjustment Acts.-Sections 601-604, 607– 608d, 608f-612, 613-619, 620, 623, and 624 of Title 7, Agriculture.

Federal Farm Loan Act.-Sections 641, 642, 651-656, 659-664, 672, 673-677a, 691-698, 701, 711-723, 731734, 741-747, 751-756, 761, 771, 772, 781, 791, 801-808, 811-824, 831, 841-844, 851-857, 861-864, 871-886, 891899, 901, 902, 911-915, 921, 931-933, 941-943, 951-953, 961-963, 964-967, 971-973, 991-993, 1011, 1012, 10211026, 1031-1033, 1041-1045, 1051–1053, 1061, 1062, 1072, 1081, 1091-1095, 1101, and 1111 of Title 12, Banks and Banking.

Emergency Farm Mortgage Act of 1933.-Sections 347, 462b, 636, 637, 723, 771, 781, 810, 923 note, 992, 993, and 1016-1019 of Title 12, Banks and Banking.

Federal Farm Mortgage Corporation Act.-Sections 347, 355, 723 (f), 772, 781, 897, 992a, 1016 (b), (g), 1020, 1020a, 1020b-1020h, 1061, 11311, 1138b, and 1138d of Title 12, Banks and Banking.

Farm Credit Act of 1933.-Sections 637-640, 653, 659, 674, 677a, 694, 723, 744a, 771, 781, 791, 823 note, 874, 876, 878-880, 884, 952, 964, 971, 972, 992, 1016-1018, 1022, 1031, 1131, 1131a, 1131b to 1131g-1, 1131h, 11311, 1134— 1134m, 1138-1138c, 1138e, 1138f, 1141c, 1141d, 1141e, 1141f, 1141j, 1148a, and 1151a of Title 12, Banks and Banking, and section 610 of Title 7, Agriculture.

Home Owners' Loan Act of 1933.-Sections 1424, 14611466, and 1468 of Title 12, Banks and Banking.

Farmers' Home Administration Act of 1946.-Sections 1001, 1001 notes, 1002-1005d, 1007-1009, 1010 note, 1015, 1015 note, 1016-1025, and 1027-1031 of Title 7, Agriculture, sections 371, and 1702 note of Title 12, Banks and Banking, and section 82h of Title 31, Money and Finance. Bankhead-Jones Farm Tenant Act.-Sections 10001005d, 1007, 1008-1025, and 1027-1029 of Title 7, Agriculture.

CROSS REFERENCES

Exemptions from requirement of express conditions in contracts involving interest of Member of Congress, see section 22 of Title 41, Public Contracts.

Financial control of government corporations, see chapter 14 of Title 31, Money and Finance.

§ 434. Interested persons acting as Government agents. Whoever, being an officer, agent or member of, or directly or indirectly interested in the pecuniary profits or contracts of any corporation, joint-stock company, or association, or of any firm or partnership, or other business entity, is employed or acts as an officer or agent of the United States for the transaction of business with such business entity, shall be fined not more than $2,000 or imprisoned not more than two years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 703.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 93 (Mar. 4, 1909, ch. 321, § 41, 35 Stat. 1097).

To remove all ambiguity as to scope of section words "or partnership or other business entity" and "such business entity" were inserted.

Mandatory punishment provision was rephrased in the alternative. (See reviser's note under section 201 of this title.)

Changes in phraseology were made.

CROSS REFERENCES

Employees not to be interested in mail contracts, see section 440 of this title.

Purchasing certain claims against United States forbidden, see section 291 of this title.

Salary of government officials and employees payable only by United States, see section 1914 of this title. § 435. Contracts in excess of specific appropriation. Whoever, being an officer or employee of the United States, knowingly contracts for the erection, repair, or furnishing of any public building, or for any public improvement, to pay a larger amount than the specific sum appropriated for such purpose, shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 703.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 184 (Mar. 4, 1909, ch. 321, § 98, 35 Stat. 1106).

Words "or employee" were inserted to remove any ambiguity as to scope of section.

The offense described in this section involves no moral turpitude, and therefore the punishment provisions were reduced from $2,000 to $1,000 and from 2 years to 1 year, so that the stigma of a felony would not attach to an offender. (See classification of felony and misdemeanor in section 1 of this title and note thereunder.)

Mandatory punishment provisions were rephrased in the alternative. (See reviser's note under section 201 of this title.)

Changes were also made in phraseology.

CROSS REFERENCES

Appropriations as limiting contracts, see sections 11, 12 of Title 41, Public Contracts.

Construction of appropriation acts, see section 627 of Title 31, Money and Finance.

Removal from office and punishment by fine or imprisonment for expenditures in excess of appropriations, see section 665 of Title 31, Money and Finance.

§ 436. Convict labor contracts.

Whoever, being an officer, employee, or agent of the United States or any department or agency thereof,

contracts with any person or corporation, or permits any warden, agent, or official of any penal or correctional institution, to hire out the labor of any prisoners confined for violation of any laws of the United States, shall be fined not more than $1,000 or imprisoned not more than three years, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 703.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., §§ 708, 709 (Feb. 23, 1887, ch. 213, §§ 1, 2, 24 Stat. 411). This section consolidates sections 708 and 709 of title 18, U. S. C., 1940 ed., as the offense and penalty provisions, respectively.

Words "department or agency thereof" were inserted to clarify scope of section. See definition of department and agency in section 6 of this title.

To retain uniformity words "shall be deemed guilty of a misdemeanor, and," were omitted. The reference to misdemeanor is now covered by the definition in section 1 of this title. (See reviser's note under section 212 of this title.)

Words "on conviction thereof" were omitted as unnecessary since punishment can follow only upon conviction. The minimum punishment provisions "less than one year nor" and "less than $500 nor" were deleted to conform to the policy followed by codifiers of 1909 Criminal Code. (See reviser's note under section 203 of this title.) Changes were also made in phraseology.

CROSS REFERENCES

Employment of Federal prisoners in State institutions, see section 4002 of this title.

Employment of prisoners confined in government prisons, see sections 4121-4128 of this title.

§ 437. Indian contracts for goods and supplies.

Whoever, being an officer, employee, or agent of the United States or any department or agency thereof, has any interest, direct or indirect, in any contract made or under negotiation, with the Government or with the Indians, for the purchase or transportation or delivery of goods or supplies for the Indians, or for the removal of the Indians, or colludes with any person attempting to obtain such contract, shall be fined not more than $5,000 or imprisoned not more than six months, or both; and removed from office. (June 25, 1948, ch. 645, § 1, 62 Stat. 703.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 87 of title 25, U. S. C., 1940 ed., Indians (June 22, 1874, ch. 389, § 10, 18 Stat. 177). To clarify scope of section words "department or agency" were substituted for "of the departments". (See definitions of department and agency in section 6 of this title.) Word "officer" was inserted to remove all ambiguity as to scope of section.

Words "The violation of any of the provisions of this section shall be a misdemeanor, and" were omitted as unnecessary in view of definition of misdemeanor in section 1 of this title. (See reviser's note under section 212 of this title.)

The minimum fine clause "less than $500 nor" was omitted to conform to policy followed by codifiers of 1909 Criminal Code. (See reviser's note under section 203 of this title.)

Changes in phraseology were also made.

CROSS REFERENCES

Agreements with Indians, see chapter 3 of Title 25,

Indians.

Indian employees of Government rights to Indian benefits, see section 441 of Title 25, Indians.

Purchase from Indians under rules and regulations prescribed by Secretary of Interior, see sections 68a, 87a of Title 25, Indians.

Reviser's Note.-Based on section 83 of title 25, U. 8. C., 1940 ed., Indians (R. S. § 2105).

The reference to persons aiding and abetting was omitted as unnecessary. Such persons are made principals by section 2 of this title.

Punishment by imprisonment "for not less than six months" and fine of "not less than $1,000," was susceptible of no other meaning than that minimum punishment was mandatory. This has been rephrased to provide a flexible punishment within the former mandatory limits. (See reviser's note to section 201 of this title.) Words "Indian agents" were omitted as such agents have not existed since 1908. (See 25 U. S. C., §§ 32, 64, and notes thereunder.)

Sentence providing "And it shall be the duty of all district attorneys to prosecute such cases when applied to do so, and their failure and refusal shall be ground for their removal from office." was omitted because any misfeasance of office on the part of a United States district attorney is ground for his removal.

Provision of disqualification of office for violators of this section was omitted as incongruous with the small penalty and fine provisions.

Minor changes were made in phraseology.

CROSS REFERENCES

Agreements with Indians, see chapter 3 of Title 25,

Indians.

§ 439. Indian enrollment contracts.

Unless the United States consents, all contracts made with any person or persons, applicants for enrollment as citizens in the Five Civilized Tribes for compensation for services in relation thereto, shall be void, and—

Whoever collects or receives any moneys from any such applicants for citizenship, shall be fined not more than $500 or imprisoned not more than six months, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 704.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 86 (part) of title 25, U. S. C., 1940 ed., Indians (Aug. 1, 1914, ch. 222, § 17, 38 Stat. 601).

Only that part of said section 86 which requires the consent of the United States to enrollment contracts was incorporated in this section.

Minor changes were made in phraseology.

CROSS REFERENCES

Agreements with Indians, see chapter 3 of Title 25, Indians.

§ 440. Mail contracts.

Whoever, being a person employed in the Postal Service, becomes interested in any contract for carrying the mail, or acts as agent, with or without compensation, for any contractor or person offering to become a contractor in any business before the Post Office Department, shall be fined not more than $5,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 704.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on title 18, U. S. C., 1940 ed., § 356 (Mar. 4, 1909, ch. 321, § 226, 35 Stat. 1134).

Provision for dismissal from office was omitted since this might be handled better administratively. Changes were made in phraseology.

CROSS REFERENCES

Employment of mail messengers and other postal employees in dual capacity, see section 136 of Title 39, The Postal Service.

§ 441. Postal supply contracts.

No contract for furnishing supplies to the Post Office Department or the Postal Service shall be made with any person who has entered, or proposed to enter, into any combination to prevent the making of any bid for furnishing such supplies, or to fix a price or prices therefor, or who has made any agreement, or given or performed, or promised to give or perform, any consideration whatever to induce any other person not to bid for any such contract, or to bid at a specified price or prices thereon.

Whoever violates this section shall be fined not more than $5,000 or imprisoned not more than one year, or both; and if the offender is a contractor for furnishing such supplies his contract may be annulled. (June 25, 1948, ch. 645, § 1, 62 Stat. 704.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 808 of title 39, U. S. C., 1940 ed., The Postal Service (Aug. 24, 1912, ch. 389, § 2, 37 Stat. 553).

Minimum punishment provisions "less than $100 nor" and "less than three months nor" were omitted to conform to policy followed by codifiers of 1909 Criminal Code. (See reviser's note under section 203 of this title.) Changes in phraseology were also made.

§ 442. Printing contracts.

Neither the Public Printer, superintendent of printing, superintendent of binding, nor any of their assistants shall, during their continuance in office, have any interest, direct or indirect, in the publication of any newspaper or periodical, or in any printing, binding, engraving, or lithographing of any kind, or in any contract for furnishing paper or other material connected with the public printing, binding, lithographing, or engraving.

Whoever violates this section shall be fined not more than $1,000 or imprisoned not more than one year, or both. (June 25, 1948, ch. 645, § 1, 62 Stat. 704.)

LEGISLATIVE HISTORY

Reviser's Note.-Based on section 53 of title 44, U. S. C., 1940 ed., Public Printing and Documents (Jan. 12, 1895, ch. 23, § 34, 28 Stat. 605).

Words "on conviction before any court of competent jurisdiction" were omitted as unnecessary, since punishment cannot be imposed until there has been a conviction before a competent tribunal.

Words "in the penitentiary" were omitted as surplusage as section 4082 of this title commits all prisoners to the custody of the Attorney General. (See reviser's note under section 1 of this title.)

The minimum punishment provision "for a term of not less than one nor" was omitted in keeping with policy of codifiers of 1909 Criminal Code. (See reviser's note under section 203 of this title.)

Mandatory punishment provision was rephrased in the alternative. (See reviser's note under section 201 of this title.)

The offense described in this section involves no moral turpitude, and therefore the punishment provisions were reduced from 5 years to 1 year, so that the stigma of a felony would not attach to an offender. The fine was increased from $500 to $1,000 as more proportionate to the