Mahlon Pitney

“ In our opinion such a scheme is a 'scheme or artifice to defraud by means of false or fraudulent pretenses, representations, or promises' within the meaning of section 215 of the Criminal Code. To use the mails in order to carry out a scheme for getting money by the making of promises or agreements which, whether known to be impossible of performance or not, there is no intention to perform, is a forbidden use of the facilities of the post office department. ”

“ In brief, the indictment avers that the scheme of defendants was to induce their intended victims to part with their money by representing to them that certain land (not described except generally as being located in the Western district of Washington) could be purchased from the United States under the Timber and Stone Act for less than its real value if the victims would employ defendants to secure such land and would pay a part of the proposed fee in advance; the defendants agreeing at the same time that in case of nonsuccess the money thus prepaid would be refunded ”