Harlan F. Stone

“ The question decisive of petitioner's challenge to the validity of his conviction is whether the statute or any authorized regulation of the Secretary required the statement which petitioner omitted to make.
Section 2 of the Act of 1938, as amended, provides that every person acting as 'agent of a foreign principal', either as public-relations counsel, publicity agent or representative, with exceptions not now relevant, must file with the Secretary of State a registration statement, on a form prescribed by the Secretary, containing certain specified items of information. ”

“ As the charge left the jury free to return a verdict of guilty if it found that petitioner had willfully failed to disclose activities which were wholly on his own behalf, the conviction can be sustained only if the failure to disclose such activities was a criminal offense. In its brief and on the argument here the Government accordingly conceded that-even though the evidence might warrant a jury's finding that all petitioner's activities were in fact in behalf of his foreign principals-the conviction cannot stand if the charge was erroneous. ”

“ He may prosecute with earnestness and vigor-indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.' Berger v. ”

“ These means included the requirement of registration of agents for foreign principals with which it appears that petitioner complied-and the requirement that the registrant give certain information concerning his activities as such agent.
One may be subjected to punishment for crime in the federal courts only for the commission or omission of an act defined by statute, or by regulation having legislative authority, and then only if punishment is authorized by Congress. ”

“ The Senate Judiciary Committee in recommending the 1942 legislation said that 'the present Act is also improved by explicit enlargement of the registration provisions so as to render them more efficacious for disclosure and investigative purposes.' S.Rep. No. 913, 77th Cong., 1st Sess., p. 9. The House Judiciary Committee declared 'the existing law is also believed to have been bolstered by explicit enlargement of the registration provisions so as to render them more efficacious for disclosure and investigative purposes. ”

“ But treating item 11 of the Supplemental Registration Statement ('Comprehensive statement of nature of business of registrant') , prescribed by the Secretary, as a regulation fixing the details of the registrant's activities which he is required to state, it must either be taken as limited to a statement of his activities as agent, to which § 3 (c) alone refers, or to exceed the authority conferred upon the Secretary by that section. ”

“ It is a fight to the death. The American people are relying upon you ladies and gentlemen for their protection against this sort of a crime, just as much as they are relying upon the protection of the Men who man the guns in Bataan Peninsula, and everywhere else. ”