Oliver Wendell Holmes, Jr.

“ The only color for an additional liability is in the words quoted from the resolution of the civil commission, authorizing the civil governor to designate Major Carrington as disbursing officer,-words which the governor wisely did not adopt,-and in the fact that the plaintiff in error gave himself that name. It is unnecessary to inquire whether he could have made himself a civil officer if he had tried, in view of the act of Congress absolutely prohibiting it. ”

“ If the Philippine legislation attempted to add to the immediate responsibilities of the soldier in the course and performance of his duty under the paramount authority from which that legislation derives its right to be, we should have to inquire whether we could gather from any act of Congress the intention to permit what might become the instrument of dangerous attacks upon its power. ”

“ We think it entirely plain that the acceptance of the duty of spending and accounting for this small fund did not amount to holding a civil office within the statutes of the United States. We see no sufficient reason to believe that the Philippine Penal Code, art. 300, purports or attempts to reach a case like that of the plaintiff in error. The provision in art. 401, that, for this purpose, everyone shall be considered a public official who, by popular election, or appointment by competent authority, takes part in the exercise of public functions, does not help art. ”