Mahlon Pitney

“ Section 37, Criminal Code, is violated by a conspiracy 'to commit any offense against the United States,' accompanied or followed by an overt act done to effect the object of the conspiracy. It does not in terms require that the contemplated offense shall of itself be a criminal offense; nor does the nature of the subject-matter require this construction. A combination of two or more persons by concerted action to accomplish a purpose either criminal or otherwise unlawful comes within the accepted definition of conspiracy. ”

“ In this connection the provision of section 14, 'that no person employed in the Indian department shall have any interest or concern in any trade with the Indians, except for, and on account of, the United States,' manifestly had a significance extending quite beyond any pecuniary interest of the United States in government trade or barter with the Indians. ”

“ Stat., are not a crime against the United States, but acts for which a penalty is provided, to be collected only by a civil action, and hence cannot form the basis of a criminal conspiracy in violation of section 37, Criminal Code. ”