George Badders v. United States

• Decision Date: 06 March 1916
• Docket Number: No. 521,521
• Citation: 36 S.Ct. 367,60 L.Ed. 706,240 U.S. 391
• Parties: GEORGE S. BADDERS, Plff. in Err., v. UNITED STATES
• Court: U.S. Supreme Court

240 U.S. 391

36 S.Ct. 367

60 L.Ed. 706

GEORGE S. BADDERS, Plff. in Err.,

v UNITED STATES.

No. 521.

Supreme Court of the United States

Argued February 23 and 24, 1916.

March 6, 1916

Messrs. James H. Harkless, D. R. Hite, and Clifford Histed for plaintiff in error.

[Argument of Counsel from pages 391-393 intentionally omitted] Assistant Attorney General Wallace for defendant in error.

Mr. Justice Holmes delivered the opinion of the court:

The case is brought to this court from the district court under § 238 of the Judicial Code, act of March 3, 1911, chap. 231, 36 Stat. at L. 1087, Comp. Stat. 1913, § 1215, on the ground that it involves the construction and application of the Constitution of the United States. The plaintiff in error was indicted for placing letters in the mail for the purpose of executing a scheme to defraud devised by him, in violation of § 215 of the Criminal Code, act of March 4, 1909, chap. 321, 35 Stat. at L. 1088, Comp. Stat. 1913, § 10,385. There were twelve counts, on seven of which, each relating to a different letter, he was found guilty. He was sentenced to five year's imprisonment on each count, the periods being concurrent, not cumulative, and also to a fine of $1,000 on each or $7,000 in all. The grounds for coming to this court are, first, that § 215 of the Criminal Code is beyond the power of Congress, as applied to what may be a mere incident of a fraudulent scheme that itself is outside the jurisdiction of Congress to deal with; and second, that if it makes the deposit of each letter a separate offense, subject to such punishment as it received in this case, it imposes cruel and unusual punishment and excessive fines.

These contentions need no extended answer. The overt act of putting a letter into the postoffice of the United States is a matter that Congress may regulate. Ex parte Jackson, 96 U. S. 727, 24 L. ed. 877. Whatever the limits to the power, it may forbid any such acts done in furtherance of a scheme that it regards as contrary to public policy, whether it can forbid the scheme or not. Re Rapier 143 U. S. 110, 134, 36 L. ed. 93, 102, 12 Sup. Ct. Rep. 374; Public Clearing House v. Coyne, 194 U. S. 497, 507, 48 L. ed. 1092, 24 Sup. Ct. Rep. 789; United States v. Stever, 222 U. S. 167, 173, 56 L. ed. 145, 147, 32 Sup. Ct. Rep. 51. See Lottery Case (Champion v. Ames) 188 U. S. 321, 357, 47 L. ed. 492, 501, 23 Sup. Ct. Rep. 321, 13 Am. Crim. Rep. 561; United States v. Holte, 236 U. S. 140, 144, 59 L. ed. 504, 505, L.R.A.1915D, 281, 35 Sup. Ct. Rep. 271. Intent may make an otherwise innocent act criminal, if it is a step in a plot. Aikens v. Wisconsin, 195 U. S. 194, 206, 49 L. ed. 154, 160, 25 Sup. Ct. Rep. 3; Swift & Co. v. United States, 196 U. S. 375, 396, 49 L. ed. 518, 524, 25 Sup. Ct. Rep. 276. The acts alleged have been found to have been done for the purpose of executing the scheme, and there would be no ground for contending, if it were argued, that they were too remotely connected with the scheme for the law to deal with them. The whole matter is disposed of by United States v. Young, 232 U. S. 155, 161, 58 L. ed. 548, 551, 34 Sup. Ct. Rep. 303. As to the other point, there is no doubt that the law may make each putting of a letter into the postoffice a separate offense. Ebeling v. Morgan, 237 U. S. 625, 59 L. ed. 1151, 35 Sup. Ct. Rep. 710; Re Henry, 123 U. S. 372, 374, 31 L. ed. 174, 175, 8 Sup. Ct. Rep. 142. And there is no ground for declaring the punishment unconstitutional. Howard v. Fleming. 191 U. S. 126, 135, 48 L. ed. 121, 124, 24 Sup. Ct. Rep. 49; Ebeling v. Morgan, supra.

The other matters discussed are before us only as incident to the constitutional questions upon which the case was brought here. As those questions merely attempt to reopen well established and familiar law,...