by John Marshall Harlan

“ While the Senate, as a branch of the legislative department, owes its existence to the Constitution, and participates in passing laws that concern the entire country, its members are chosen by state legislatures, and cannot properly be said to hold their places 'under the government of the United States.'
We are of opinion that § 1782 does not, by its necessary operation, impinge upon the authority or powers of the Senate of the United States, nor interfere with the legitimate functions, privileges, or rights of Senators. ”

“ But this, the defendant insists, is not enough to show that the alleged offense was committed at St. Louis. Counsel would seem to contend that the physical absence of the accused from St. Louis, when the offer was received by the company and when the agreement was concluded, rendered it impossible that he could have committed the alleged offense at that city. In substance, the contention is that an individual could not, in law or within the meaning of the Constitution, commit a crime within a state in which he is not physically present at the time the crime is committed. ”

“ There can be no reason why the government may not, by legislation, protect each department against such evils, indeed, against everything from whatever source it proceeds, that tends or may tend to corruption or inefficiency in the management of public affairs. ”

“ When a crime is committed partly in one district and partly in another, it must, in order to prevent an absolute failure of justice, be tried in either district, or in that one which the legislature may designate; and Congress has accordingly provided, that 'when any offense against the United States is begun in one judicial district and completed in any other it shall be deemed to have been committed in either, and may be dealt with, inquired of, tried, determined, and punished in either district, in the same manner and as if it had been actually and wholly committed therein.' Rev. ”

“ Further, while it may be true that executive officers are apt to give undue weight to the wishes of Senators, yet, there is nothing in this statute to prevent a Senator from exerting all his influence over them. He may prosecute any claims in behalf of his constituents or others, even though the government is directly and largely pecuniarily interested. He may appear in any matter or proceeding pending before one of the departments, and there is nothing in the statute to prohibit it. The only restriction is that he must himself have no pecuniary interest in the matter. ”

“ It possesses the entire legislative authority of the United States. By the provision in the Constitution that 'all legislative powers herein granted shall be vested in a Congress of the United States,' it is meant that Congress-keeping within the limits of its powers and observing the restrictions imposed by the Constitution-may, in its discretion, enact any statute appropriate to accomplish the objects for which the national government was established. ”

“ It is equally true that the accused was informed with reasonable certainty by the indictment of the nature and cause of the accusation against him,-the two counts hereinbefore given at large, and upon which sentences were pronounced, being as full as any of the others. The averments of the indictment were sufficient to enable the defendant to prepare his defense, and, in the event of scquittal or conviction, the judgment could have been pleaded in bar of a second prosecution for the same offense. ”

“ Every citizen of a county, in one sense, has an interest in the public highways. So, too, it may be said, and properly, that every citizen of the state has an interest in the highways in the different counties of the state. If, therefore, the language of the statute is to be interpreted literally, an appeal might be taken by any citizen of the state. But we apprehend it was not the intention of the legislature that the word 'interested' should receive such a liberal construction. ”

“ If it be said that the government is pecuniarily interested in the postage the amount of which might be affected by the issue of a fraud order, it is enough to say that there is no proof of any such interest. Further, postage is received in payment for services rendered in transportation . If no services are rendered no postage is received. The issue of a fraud order does not put a stop to the carrying of letters. ”

“ Palliser was indicted in the district court of the United States for the district of Connecticut for violating certain statutes relating to the disposal of postage stamps, and forbidding postmasters not only to dispose of postage stamps in the payment of debts or in the purchase of commodities, or to pledge them, but also to sell or dispose of them except for cash. By letter written and mailed at New York and addressed to a postmaster in Connecticut, Palliser made to that officer an offer of contract which could not have been accepted by the latter without violating the above statutes. ”

“ No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it.' United States v. ”

“ While much weight must not be given to the declarations of individual Senators, those which are embodied in the reports of the chairmen of the judiciary committees are certainly entitled to consideration, and they show clearly that the intent of Congress in this enactment was to prevent Senators and other officials of the government from receiving compensation for assisting in the prosecution of claims against the government. ”

“ It is to be taken as settled law, both in this country and in England, in cases of contracts between parties distant from each other, but communicating in modes recognized in commercial business, that, when an offer is made by one person to another, the minds of the parties meet and a contract is to be deemed concluded, when the offer is accepted in reasonable time, either by telegram, duly sent in the ordinary way, or by letter, duly posted to the proposer, provided either be done before the offer is withdrawn, to the knowledge of, or upon notice to, the other party. ”

“ Therefore an agreement to receive compensation was made an offense. So the receiving of compensation in violation of the statute, whether pursuant to a previous agreement or not, was made another and separate offense. There is, in our judgment, no escape from this interpretation consistently with the established rule that the intention of the legislature must govern in the interpretation of a statute. 'It is the legislature, not the court, which is to define a crime, and ordain its punishment.' United States v. ”

“ There is a certain broad sense in which the word 'interest' is sometimes used, which describes the relation which the government has to the acts of all its officials, to all proceedings in courts or in departments, and, indeed, to the conduct of all its citizens. ”

“ I have assured the Department that it is the purpose of your company to comply strictly with the law, and that it is your desire to remain at all times in perfect harmony with the Department. No action of any kind will be taken against you without my first being notified, and every opportunity for a full explanation or hearing will be had. ”

“ In order to promote the efficiency of the public service and enforce integrity in the conduct of such public affairs as are committed to the several departments, Congress, having a choice of means, may prescribe such regulations to those ends as its wisdom may suggest, if they be not forbidden by the fundamental law. ”

“ Looking, as we must, only at the face of the original and the present indictments, the two charges must be regarded as separate and distinct. The plea of former jeopardy in this case presents a technical defense, and cannot be allowed for the reason that the offense of which the defendant was heretofore acquitted does not plainly appear, as matter of law, upon the face of the record, to be identical with the one of which he has been convicted in this case. ”

“ Putting the answer by letter in the mail containing the acceptance, and thus placing it beyond the control of the party, is valid as a constructive notice of acceptance. An offer by letter, or by special agent, is an authority revocable in itself, but not to be revoked without notice to the party receiving it, and never after it has been executed by an acceptance. ”

“ Every person offending against this section shall be deemed guilty of a misdemeanor, and shall be imprisoned not more than two years, and fined not more than ten thousand dollars, and shall, moreover, by conviction therefor, be rendered forever thereafter incapable of holding any office of honor, trust, or profit under the government of the United States.' 13 Stat. ”

“ In its answer to that plea the government alleged that, while the third and seventh counts of the present indictment are identical in legal effect with counts one and two of the former indictment, 'the offense charged against the defendant in said counts three and seven of the indictment herein is not identical in legal effect with said count three of said original indictment.' The defendant, as we have seen, demurred to the answer. The demurrer having been overruled, and the defendant declining to plead further, the plea in bar was overruled and denied. ”

“ But, in this respect, Frederick stands in the same situation as every other person in the community. If the patent is declared void, the invention may be used by the whole community, and all persons may be said to have an interest in making it public property. ”

“ Pom. Contr. 95; 1 Parsons, Contr. 9th ed. 483; 2 Parsons, Contr. 257, note; Metcalf, Contr. 17; Thompson, Electricity, §§ 425-478; Scott & J. Telegraphs, §§ 295 et seq.; Addison, Contr. 16, 17. Whether the acceptance by the Rialto Company of the defendant's offer is to be regarded as effectively made by the telegram duly sent to him, or only when the letter addressed to him by the Rialto counsel was duly mailed at St. Louis, or in both ways, in any event, the acceptance promptly and adequately occurred on the 18th of November, 1902, at St. ”