Louis Brandeis

“ The law can conceive of an agent appointed by a superior authority; but the term 'agent' is ordinarily used as implying appointment by a principal on whose behalf he acts. The fact that in this section the words 'clerk or agent' follow 'president, director, cashier, teller' tends, under the rule of noscitur a sociis, to confirm the inference. United States v. Salen, 235 U.S. 237, 249, 35 Sup. Ct. 51, 59 L. Ed. 210. Furthermore, the term 'agent of a bank' would ill describe the office of receiver. ”

“ The fact that in 1879 Congress should have found it necessary to enact a general law for the punishment of officers of the United § ates who embezzle property entrusted to them, but not owned by the United States, shows both how easily a casus omissus may arise and how long a time may elapse before the defect is discovered or is remedied. Statutes creating and defining crimes are not to be extended by intendmant because the court thinks the legislature should have made them more comprehensive. ”

“ Revised Statutes, § 5234. Being an officer of the United States he is represented in court by the United States attorney for the district, subject to the supervision of the Solicitor of the Treasury. Section 380 (Comp. St. 1916, § 556) ; Gibson v. Peters, 150 U.S. 342, 14 Sup. Ct. 134, 37 L. Ed. 1104. And because he is such officer, a receiver has been permitted to sue in the federal court regardless of citizenship or of the amount in controversy. Price v. Abbott (C. C.) 17 Fed. 506. In a sense he acts on behalf of the bank. The appointment of a receiver does not dissolve the corporation. ”