Frank De Carrington v. United States
| Decision Date | 06 January 1908 |
| Docket Number | No. 223,223 |
| Citation | 28 S.Ct. 203,52 L.Ed. 367,208 U.S. 1 |
| Parties | FRANK DE L. CARRINGTON, Plff. in Err., v. UNITED STATES |
| Court | U.S. Supreme Court |
Messrs. Holmes Conrad and R. A. Ballinger for plaintiff in error.
Solicitor General Hoyt for defendant in error.
[Argument of Counsel from pages 1-3 intentionally omitted] Mr. Justice Holmes delivered the opinion of the court:
The plaintiff in error was convicted in the court of first instance, and, on appeal, by the supreme court of the Philippine Islands, of the crime of falsification of a public document by a public official. He brings the case here by writ of error, setting up rights under the Constitution and statutes of the United States that were denied by the decision below.
The complaint alleges that the plaintiff in error 'being then and there a public official of the United States civil government of the Philippine Islands, to wit, a duly appointed and commissioned major of the First Infantry, United States Army, and the duly designated, qualified, and acting commander of the Provisional Battalion of the Philippine Scouts, and a duly appointed, qualified, and acting disbursing officer for public funds of the said United States civil government of the Philippine Islands, appropriated on account of said Provisional Battalion and on account of the Louisiana Purchase Exposi- tion at St. Louis,' made a false voucher for the payment of 770 pesos.
The plaintiff in error denies that he was a public official within the meaning of the Philippine Penal Code, art. 300, or that, under the act of March 3, 1883, chap. 134, 22 Stat. at L. 567 (see Rev. Stat. § 1222, U. S. Comp. Stat. 1901, p. 860; Rev. Stat. § 1860), he could be, while he remained an officer in the Army on the active list. The facts are as follows: In October, 1903, the plaintiff in error wrote a letter to the executive secretary of the insular government, suggesting that, as the Second Battalion of Philippine Scouts was expected to take part in the Louisiana Purchase Exposition, it would be well to allow the writer, with his scouts, to put up a model administration building of native materials for his use, at St. Louis, decorated with native arms, etc., and estimating that he could do this work for $3,000, gold. Governor Taft referred his letter to the exposition board, recommending the project, and the board accepted it. In November the civil commission passed a resolution, authorizing the transfer 'to the credit of Major F. L. Carrington, 1st United States Infantry, commanding the Provisional Battalion of Philippine Scouts, to be transported to St. Louis in 1904 in connection with the Philippine exhibit.' the sum of $3,000, 'to be used and accounted for by Major Carrington in the construction' of a model administration building. It was resolved further that the disbursing officers of the Philippine exposition board should deposit to the credit of Major Carrington the further sum of $500, with which to pay some of the expenses of families of scouts allowed to accompany them to St. Louis, and that, on the approval of the resolutions by certain officials, the civil governor might 'designate Major Carrington as disbursing officer to receive the funds mentioned.' The resolutions were approved, and Governor Taft in the same month addressed a letter to 'Major Frank de L. Carrington, 1st U. S. Infantry, commanding Provisional Battalion Philippine Scouts,' saying: 'You are hereby designated to withdraw, receive, expend, and account for, the funds' above mentioned 'to be expended in the preparation and display of a scout exhibit at the Louisiana Purchase Exposition, as set...
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