This Act repealed all former ones on the subject of pension affidavits. 9 Crim. Law Mag. 707. It is not necessary that the indictment should charge the act to have been done "feloniously," or with "felonious intent." United States v. Staats, 8 How. 41, 12 L. ed. 979. See United States v. Gowdy, 37 F. R. 332; United States v. Hartman, 65 Id. 490. Prosecutions under this section must be by indictment, and not by information. United States v. Tod, 25 F. R. 815. See United States v. Daubner, 17 Id. 793.

This section does not require that the pension claim must be false, concerning which the false affidavits are presented. United States v. Adler, 49 F. R. 733. The offense of making a false deposition in aid of a fraudulent pension claim is properly within § 5438, and not within this section, which is in terms applicable only to the offense of procuring another person to commit the offense. Edgington v. United States, 164 U. S. 361, 363, 41 L. ed. 467. This section and § 5421 are incompatible as to the punishment provided; this provision relates to the case of a false affidavit made by the defendant himself, while § 5421 covers the case of a false affidavit procured from another person. United States v. Kuentsler, 74 F. R. 220; United States v. Glasener, 81 Id. 566. Under §§ 5418, 5421, or 5479 failure to aver intent to defraud the United States would probably be a fatal defect, but such intent is not material under § 4746. United States v. Van Leuvan, 62 F. R. 69.

That intent to defraud is not necessary, see United States v. Hansee, 79 F. R. 303. As to perjury, see United States v. Hampton, 101 F. R. 714; United States v. Boggs, 31 Id. 337. In re Waite, 81 Id. 359. It must appear that the false statements were necessary to the granting of the pension. United States v. Purdy, 38 F. R. 902. The essentials of the offense are "knowingly procuring the presentation of a false affidavit concerning a claim for a pension." United States v. Adler, 49 F. R. 733. The Act amending this section related solely to the subject of pensions and bounty land claims, and simply extended the statute to the use of fraudulent papers in

regard to such claims, and a violation of its provisions as amended cannot arise from acts in connection with entries other than those on pensions and bounty claims. United States v. Keitel, 211 U. S. 370, 53 L. ed. 230, 157 F. R. 396; United States v. Herr, 211 U. S. 406, 53 L. ed. 252. See London v. United States, 171 F. R. 82. See further on this section, Pooler v. United States, 127 F. R. 509; United States v. Wood, Id. 171; Miller v. United States, 136 Id. 581.

Attorney or agent charging unlawful fee
or withholding pension from pensioner

27 June, 1890, s. 4:

26 Stat. 183.

19 April, 1908, s. 3; 35 Stat. 64.

3 March, 1891; 26 Stat. 1082.

R. S., s. 5485.

4 July, 1884, s. 4; 23 Stat. 101.

This section should be considered in connection with § 4786 as amended by above statute of 4 July, 1884. See also Act of March 3, 1891 (26 St. 1082). This section is penal in its character. United States v. Snow, 2 Flipp. 1; United States v. Starn, 17 F. R. 435. It was passed for the protection of the claimant. United States v. Van Leuven, 62 F. R. 52; Wolcott v. Frissell, 134 Mass. 1; United States v. Moyers, 15 Id. 411. "Any scheme or contrivance by which, under the guise of a loan, a mortgage, or a gift, or other dealing, the claim agent retains more than the legal fee, is a violation of this section." United States v. Brown, 40 F. R. 457, 459. As to intent, knowledge of statute, fraud, etc., see United States v. Moore, 18 F. R. 686; United States v. Koch, 21 Id. 873; Smart v. White, 73 Me. 332; United States v. Benecke, 98 U. S. 447, 25 L. ed. 192. The statute is not confined to the regular attorney for the claimant,

recognized as such at the pension office. United States v. Schindler, 10 F. R. 547; Caverly v. Robbins, 149 Mass. 16; Frisbie v. United States, 157 U. S. 160, 39 L. ed. 657; United States v. Reynolds, 48 F. R. 721. As to bank or banker as agent, see United States v. Howard, 7 Biss. 56. It has been held that a formal demand is not necessary. United States v. Moyers, 15 F. R. 411. As to bona fide gift, see United States v. Brown, 40 F. R. 457; Schwab v. Ginkinger, 181 Pa. St. 8. As to loans, etc., to agent, see United States v. Moyers, supra; United States v. Moore, 18 F. R. 686. As to reimbursing an attorney for expenses, see United States v. Moore, supra; Morgan v. Davis, 47 Vt. 610. As to other expenses, see United States v. Snow, 2 Flipp. 1; Southwick v. Evans, 17 R. I. 198. As to repayment of borrowed money, see Crane v. Linneus, 77 Me. 59. An action cannot be maintained against a third party by a pension attorney on a verbal promise of a larger fee. Wolcott v. Frissell, 134 Mass. 1. "The word 'withholding' has a definite signification, and we think contemplates, as used in the statute under consideration, not the fraudulent obtaining of money from a pensioner, but the withholding of the money before it reaches the hands of the pensioner and passes under his dominion and absolute control." Ballew v. United States, 160 U. S. 187, 194, 40 L. ed. 388. As to forged indorsements, see United States v. Ryckman, 12 F. R. 46. As to the meaning of "claimant," see United States v. Benecke, 98 U. S. 447, 25 L. ed. 192. As to the payment by agreement of a debt of the pensioner and as to the retention of pension money for outside services, see United States v. Hewitt, 11 F. R. 243. As to expenses of last sickness, etc., see United States v. Nicewonger, 20 F. R. 438. As to the statute of limitations, see United States v. Irvine, 98 U. S. 450, 25 L. ed. 193. As to indictments, see United States v. Reynolds, 48 F. R. 215; United States v. Wilson, 29 Id. 286; United States v. Koch, 21 Id. 873; United States v. Schindler, 10 Id. 547; United States v. Howard, 7 Biss. 56. See further, Humes v. United States, 170 U. S. 210, 42 L. ed. 1011; also 1 Gould & Tucker's Notes on U. S. Rev. Sts. 1036.

Ballew v. United States, 160 U. S. 187, 196, 40 L. ed. 388; Southwick v. Evans, 17 R. I. 198; United States v. Hall, 98 U. S. 343, 25 L. ed. 180; United States v. Starn, 17 F. R. 435; Manning v. Spry, 121 Iowa, 191; United States v. Bennett, 12 Blatch. 345.

Claim agents withholding discharge papers
without consent

United States v. Webber, 21 F. R. 187.

TITLE XLIV

21 May, 1872; 17 Stat. 137.

TERRITORIES AND INSULAR POSSESSIONS

Chapter One. - Provisions common to all the Territories.
Owners of coal mines failing to comply

with regulations concerning machinery,
ventilation, etc.

3 March, 1891, s. 7; 26 Stat. 1105.

Deserant v. Cerillos Coal Co., 178 U. S. 409, 44 L. ed. 1127.

Chapter Two. - New Mexico, Arizona, and Oklahoma.
Railroads failing to have stations at town

RIVERS AND HARBORS

Chapter One. -Improvements.
Failing to furnish shipping statistics to
persons in charge of harbor works

Chapter Two. - Obstructions to navigation. Regulations concerning the construction of bridges, wharves, etc., and penalties for violation.

6 June, 1900, s. 16; 31 Stat. 328.

27 April, 1904; 33 Stat. 392.

27 April, 1904; 33 Stat. 392.

27 April, 1904; 33 Stat. 392.

27 April, 1904; 33 Stat. 393.

27 April, 1904; 33 Stat. 393.

1 July, 1902, s. 74;

32 Stat. 709.

8 Feb., 1891; 26 Stat. 766.

3 March, 1899, s. 12;
30 Stat. 1151.
20 Feb., 1900; 31
Stat. 32.

Section 12 provides that "every person and every corporation that shall violate any of the provisions of sections nine, ten, and eleven of this Act," etc., "shall be deemed guilty," etc. For cases on superseded statutes, see 6 Fed. Sts. Annotated, 808-813. On § 9 see 25 A. G. Op. 601.

Section 10 is not so worded as to compel the conclusion that Congress intended to ignore altogether the wishes of a State in respect