Hugo Black

“ This means, and can only mean, genuine obligations and securities, since it cannot be supposed either that the Secretary, by clause (1) , is authorized to adopt paper for any that are not genuine, or that his authority under clause (4) is not alone to permit possession of paper adapted to making genuine obligations but extends to paper which resembles the adopted paper only enough to make it adaptable for counterfeiting those obligations. ”

“ No rule of construction, however, requires that a penal statute be strained and distorted in order to exclude conduct clearly intended to be within its scope-nor does any rule require that the act be given the 'narrowest meaning.' It is sufficient if the words are given their fair meaning in accord with the evident intent of Congress. ”

“ It is apparent from the context that in this instance the phrase 'obligation * * * authorized by the United States' refers to a counterfeit obligation Both before and since the 1837 act words such as 'bills,' 'notes' and 'obligations' have been used as meaning counterfeit instruments. [14]
The relative positions of the words we are examining are important. ”

“ State v. Randall, 1827, 2 Aikens, Vt., 89 (cf. Baldwin v. Van Deusen where it is stated: 'In reference to bank-bills, bills of exchange, promissory notes and securities for money, the natural and general, if not the universal, antithesis or opposite of genuine, is 'counterfeit.' Hence we say of a bankbill it is a genuine bill-i.e., not a counterfeit bill.' 1868, 37 N.Y. 487, at page 493) . ”

“ The first word describing the prohibited paper is 'similar.' Unless th paper possessed is 'similar' to the distinctive paper of the government, its possession is not prohibited. Genuine obligations can only be made from the genuine distinctive paper, with a genuine design ”

“ In order to distinguish between counterfeit and genuine instruments, the provisions in some instances specifically designate notes as 'false, forged, or counterfeited' as in section 149, 18 U.S.C.A. § 263. ”

“ Notes
↑ 18 U.S.C.A. § 264, 35 Stat. 1116.↑ 7 Cir., 89 F.2d 469, certiorari granted 302 U.S. 667, 58 S.Ct. 21, 82 L.Ed. --.↑ Counterfeiting increases in periods of commercial distress, unemployment, and poverty. Even prior to 1837, poverty contributed to offenses against the currency, see In re Halmagh Ackerman, 1820, 5 N.Y.City Hall Rec. 140, and counterfeiters kept paper in their possession which was used for making counterfeit obligation, In re Guy Johnson and William Johnson al. William Price, John Strickland and Edward O'Melly, 1820, 5 N.Y.City Hall Rec. ”