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the five preced
650. The provisions of the five preceding sections shall, Provisions of be construed to apply to all persons charged with the safe- ing sections conkeeping, transfer, or disbursement of the public money, 90, s. 16. v. 9. p. 63. whether such persons be indicted as receivers or deposita- Sec. 5493, B.S. ries of the same. (See secs. 3615-3652e, R. S.)
Sec. 5494, R.S.
651. Upon the trial of any indictment against any per-dence of embez son for embezzling public money under the provisions of zlement Aug. 6, 1846, c. the six preceding sections, it shall be sufficient evidence, 90, s. 16. v. 9, p. 63. for the purpose of showing a balance against such person, to produce a transcript from the books and proceedings of the Treasury, as required in civil cases, under the provisions for the settlement of accounts between the United States and receivers of public money.' (See secs. 3625, 3633, R. S.)
652. The refusal of any person, whether in or out of office, draft prima facie charged with the safe-keeping, transfer, or disbursement of evidence of emthe public money, to pay any draft, order, or warrant drawn upon him by the proper accounting officer of the Treasury, for any public money in his hands belonging to the United States, no matter in what capacity the same may have been received or may be held, or to transfer or disburse any such money promptly, upon the legal requirement of any authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, as prima facie evidence of such embezzlement." (See sec. 3644, R. S.)
Evidence of conversion. Ibid.
653. If any officer charged with the disbursement of the public moneys accepts, receives, or transmits to the Treas- Sec. 5496, R.S. ury Department, to be allowed in his favor, any receipt or voucher from a creditor of the United States, without having paid to such creditor in such funds as the officer received for disbursement, or in such funds as he may be authorized to take in exchange, the full amount specified in such receipt or voucher, every such act is an act of conversion by such officer to his own use of the amount specified in such receipt or voucher. (See sec. 3652, R. S.)
Sec. 5495, R.S.
1U. S. v. Gaussen, 19 Wallace, 198.
2 Section 5495 of the Revised Statutes provides that the refusal of any person charged with the disbursement of public moneys promptly to transfer or disburse the funds in his hands, "upon the legal requirement of an authorized officer, shall be deemed, upon the trial of any indictment against such person for embezzlement, as prima jacie evidence of such embezzlement." Applying this rule to a military case, it is clear that in the event of such a refusal by a disbursing officer of the Army the burden of proof would be upon him to show that his proceeding was justified and that it would not be for the prosecution to show what had become of the funds. So, where an acting commissary of subsistence, on being relieved, failed to turn over the public moneys to his successor, or to his post commander, when ordered to do so, or to produce such moneys, exhibit vouchers for the same, or otherwise account for their use, when required to do so by the department commander, held, that he was properly chargeable with and convicted of embezzlement under this article (sixtieth article of war). Dig. Opin. J. A. G., par. 114.
Unlawfully re- 654. Every banker, broker, or other person not an author
by bankers, etc., ized depositary of public moneys, who knowingly receives from any disbursing officer, or collector of internal revenue, c. 122, s. 3, v. 14, or other agent of the United States, any public money on
June 14, 1866,
Sec. 5497, R.S. deposit, or by way of loan or accommodation, with or without interest, or otherwise than in payment of a debt against the United States, or who uses, transfers, converts, appropriates, or applies any portion of the public money for any purpose not prescribed by law, and every president, cashier, teller, director, or other officer of any bank or banking association, who violates any of the provisions of this section, is guilty of an act of embezzlement of the public money so deposited, loaned, transferred, used, converted, appropriated, or applied, and shall be punished as prescribed in section fifty-four hundred and eighty-eight.
655. And any officer connected with, or employed in, the internal-revenue service of the United States, and any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or other property of the United States, and any officer of the United States, or any assistant of such officer, who shall embezzle or wrongfully convert to his own use any money or property which may have come into his possession or under his control in the execution of such office or employment, or under color or claim of authority as such officer or assistant, whether the same shall be the money or property of the United States or of some other person or party, shall, where the offense is not otherwise punishable by some statute of the United States, be punished by a fine equal to the value of the money and property thus embezzled or converted, or by imprisonment not less than three months nor more than ten years, or by both such fine and imprisonment. Act of February 3, 1879 (20 Stat. L., 280).
Officers, etc., interested in claims.
656. Every officer of the United States, or person holding any place of trust or profit, or discharging any official 81, s. 2, v. 10, p. function under or in connection with any Executive De
Feb. 26, 1853, c.
partment of the Government of the United States, or under
tion of having aided or assisted, in the prosecution of such claim, shall pay a fine of not more than five thousand dollars, or suffer imprisonment not more than one year, or both.
July 13, 1866, c.
184, s. 62, v. 14. p.
168; Mar. 3, 1863,
76, 8, 6, v. 12, p. 740: July 18, 1866,
c. 201, s. 35, v. 14,
Sec. 5501, R.S.
657. Every officer of the United States, and every per- officer accepting son acting for or on behalf of the United States, in any Ibid. official capacity under or by virtue of the authority of any department or office of the Government thereof; and every officer or person acting for or on behalf of either House of Congress, or of any committee of either House, or of both Houses thereof, who asks, accepts, or receives any money, or any contract, promise, undertaking, obligation, gratuity, or security for the payment of money, or for the delivery or conveyance of anything of value, with intent to have his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may be by law brought before him in his official capacity, or in his place of trust or profit, influenced thereby, shall be punished as prescribed in the preceding section.
658. Every member, officer, or person convicted under the provisions of the two preceding sections, who holds any place of profit or trust, shall forfeit his office or place; and shall thereafter be forever disqualified from holding any office of honor, trust, or profit under the United States.1
Feb. 26, 1853, c.
81, s. 6, v. 10, p. Sec. 5502, R.S.
659. Every officer of the Government who knowingly Officer contracts for the erection, repair, or furnishing of any specific appropublic building, or for any public improvement, to pay a July 25, 1868, c. larger amount than the specific sum appropriated for such 177. purpose, shall be punished by imprisonment not less than six months nor more than two years, and shall of two thousand dollars.
s. v. 15, p. Sec. 5503, R.S.
pay a fine
18, p. 479.
660. Any person who shall embezzle, steal, or purloin, Embezzlement, any money, property, record, voucher, or valuable thing, Mar. 3, 1875, v. whatever of the moneys, goods, chattels, records, or property of the United States shall be deemed guilty of felony, and on conviction thereof before the district or circuit court of the United States in the district wherein said offense may have been committed, or into which he shall carry or have in possession of said property so embezzled, stolen, or purloined, shall be punished therefor by impris onment at hard labor in the penitentiary not exceeding five years, or by a fine not exceeding five thousand dollars,
1Section 5500, above referred to, but here omitted, relates to the offense of bribery when committed by a judge of a court of the United States.
Receiving, concealing, property, etc. Sec. 2, ibid.
or both, at the discretion of the court before which he shall have been convicted. Act of March 3, 1875 (18 Stat. L., 479).
661. If any person shall receive, conceal, or aid in concealing, or have, or retain in his possession with intent to convert to his own use or gain, any money, property, record, voucher, or valuable thing whatever of the moneys, goods, chattels, records, or property of the United States which has theretofore been embezzled, stolen, or purloined from the United States by any other person, knowing the same to have been so embezzled, stolen, or purloined, such person shall, on conviction before the circuit or district court of the United States in the district wherein he may have such property, be punished by a fine not exceeding five thousand dollars, or imprisonment at hard labor in the penitentiary not exceeding five years, one or both, at the discretion of the court before which he shall have been convicted; and such receiver may be tried either before or after the conviction of the principal felon; but if the party has been convicted, then the judgment against him shall be conclusive evidence in the prosecution against such receiver that the property of the United States therein described has been embezzled, stolen, or purloined. Sec. 2, ibid.
THE ADJUTANT-GENERAL'S DEPARTMENT.1
663. Rank of adjutant-general. 664-666. Promotions and details.
667. Adjutants-General to act as Inspectors-General.
668. Returns of troops.
669–679. The recruiting service.
Feb. 2, 1901, s.
662. The Adjutant-General's Department shall consist Composition. of one adjutant-general with the rank of major-general 13, v. 31. p. 751. during the active service of the present incumbent of the office, and with the rank of brigadier-general thereafter; five assistant adjutants-general with the rank of colonel, seven assistant adjutants-general with the rank of lieutenant-colonel, and fifteen assistant adjutants-general with the rank of major: Provided, That all vacancies created or caused by this section shall, as far as possible, be filled by promotion according to seniority of officers of the Adjutant-General's Department. Sec. 13, act of February 2, 1901 (31 Stat. L., 751).
663. The Adjutant-General of the Army shall have the rank, pay, and allowances of a major-general in the Army of the United States, and on his retirement shall have the retired pay of that rank. Sec. 3, act of June 6, 1900 (31 Stat. L., 655).
PROMOTIONS AND DETAILS.
Rank of Adju
1 For historical note see end of chapter.
2 See also section 13, act of February 2, 1901, paragraph 662, ante.
3, v. 1. p. 655.
664. So long as there remain any officers holding permanent appointments in the Adjutant-General's * Department, they shall be promoted according to seniority in the several grades, as now provided by law, and nothing herein contained shall be deemed to apply to vacancies which can be filled by such promotions, or to the periods for which the officers so promoted shall hold their appointments. Sec. 26, act of 1901 (31 Stat. L.,755).
665. When any vacancy, except that of the chief of the Details. department or corps, shall occur, which can not be filled. by promotion as provided in this section, it shall be filled
Feb. 2, 1901, s. * 26, v. 31, p. 755.