United States v. Bathgate Same v. Burckhauser Same v. Coons Same v. Farrell Same v. Klayer Same v. Uricho

Citation38 S.Ct. 269,246 U.S. 220,62 L.Ed. 676
Decision Date04 March 1918
Docket NumberNos. 575,576,578,577,579,580,s. 575
PartiesUNITED STATES v. BATHGATE et al. SAME v. BURCKHAUSER et al. SAME v. COONS et al. SAME v. FARRELL et al. SAME v. KLAYER et al. SAME v. URICHO et al
CourtUnited States Supreme Court

[Syllabus from pages 220-221 intentionally omitted] Mr. Assistant Attorney General Fitts, for the United States.

[Argument of Council on pages 221-223 intentionally omitted.]

Messrs. John R. Holmes and Sherman T. McPherson, both of Cincinnati, Ohio, for defendants in error.

Mr. Justice McREYNOLDS delivered the opinion of the Court.

Except as to parties, the indictments in these six cases are alike. Each contains three counts; the first and second undertake to allege a conspiracy to injure and oppress in violation of section 19, Criminal Code (Act March 4, 1909, c. 321, 35 Stat. 1092 [Comp. St. 1916, § 10183]), and the third a conspiracy to defraud the United States, contrary to section 37 (Comp. St. 1916, § 10201). Demurrers were sustained upon the ground that, rightly construed, neither section applies to the specified acts.

Section 37, originally part of the Act of March 2, 1867 (14 Stat. 484, c. 169, § 30), provides:

'If two or more persons conspire either to commit any offense against the United States, or to defraud the United States in any manner or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be fined not more than ten thousand dollars, or imprisoned not more than two years, or both.'

It was considered in United States v. Gradwell, 243 U. S. 476, 37 Sup. Ct. 407, 61 L. Ed. 857, and held not applicable in circumstances similar to those here presented. The government has accordingly abandoned the third count.

Section 19 provides:

'If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same, or if two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured, they shall be fined not more than five thousand dollars and imprisoned not more than ten years, and shall, moreover, be thereafter ineligible to any office, or place of honor, profit, or trust created by the Constitution or laws of the United States.'

And the two counts based thereon charge defendants with conspiring to injure candidates for presidential electors, the United States Senate and representative in Congress at the regular election in Ohio, November 7, 1916, also qualified electors who might properly vote thereat, in the free exercise and enjoyment of certain rights and privileges secured by Constitution and laws of the United States, namely—the right (a) of being a candidate; (b) that only those duly qualified should vote; (c) that the results should be determined by voters who had not been bribed; and (d) that the election board should make a true and accurate count of votes legally cast by qualified electors and no others. The indictment further alleged the conspiracy was carried into effect as intended by purchasing votes of certain electors and causing election boards to receive them and make inaccurate returns.

The real point involved is whether section 19 denounces as criminal a conspiracy to bribe voters at a general election within a state where presidential electors, a United States Senator and a representative in Congress are to be chosen. Our concern is not with the power of Congress, but with the proper interpretation of action taken by it. This must be ascertained in view of the settled rule that 'there can be no constructive offenses, and before a man can be punished his case must be plainly and unmistakably within the statute' (United States v. Lacher, 134 U. S. 624, 628, 10 Sup. Ct. 625, 33 L. Ed. 1080); and the policy of Congress to leave the conduct of elections at which its members are chosen to state law alone, except where it may have expressed a clear purpose to establish some further or definite regulation.

Departing from the course long observed, by Act of May 31, 1870, c. 114, 16 Stat. 140, Congress undertook to prescribe a comprehensive system intended to secure freedom and integrity of elections. Section 19 of that act declares:

'That if at any election for representative or delegate in the Congress of the United States any person shall knowingly * * * by force, threat, menace, intimidation, bribery, reward, or offer, or promise thereof, or otherwise unlawfully prevent any qualified voter of any state of...

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56 cases
  • United States v. Williams
    • United States
    • United States Supreme Court
    • 23 April 1951
    ...exercise of a voter's feferal franchise. United States v. Gardwell, 243 U.S. 476, 37 S.Ct. 407, 61 L.Ed. 857; United States v. Bathgate, 246 U.S. 220, 38 S.Ct. 269, 62 L.Ed. 676. 7 Baldwin v. Franks, 120 U.S. 678, 7 S.Ct. 656, 32 L.Ed. 766, held that a conspiracy to drive aliens from their ......
  • Reynolds v. Sims Vann v. Baggett Connell v. Baggett
    • United States
    • United States Supreme Court
    • 15 June 1964
    ...is that the rights allegedly impaired are individual and personal in nature. As stated by the Court in United States v. Bathgate, 246 U.S. 220, 227, 38 S.Ct. 269, 271, 62 L.Ed. 676, '(t)he right to vote is personal * * *.'39 While the result of a court decision in a state legislative apport......
  • United States v. Classic
    • United States
    • United States Supreme Court
    • 26 May 1941
    ...other wholly different situations not now before us may not be found to involve such an interference, cf. United States v. Bathgate, 246 U.S. 220, 38 S.Ct. 269, 62 L.Ed. 676; United States v. Gradwell, 243 U.S. 476, 37 S.Ct. 407, 61 L.Ed. 857, is to say that acts plainly within the statute ......
  • Ex Parte Amos
    • United States
    • United States State Supreme Court of Florida
    • 11 January 1927
    ...... retaining the same in his possession until the affairs of the. bank ... process issued by any court of the United States or any judge. thereof or decree of any ... United States v. Bathgate, 246 U.S. 220, 38 S.Ct. 269, 62 L.Ed. 676. ......
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5 books & journal articles
  • Election law violations.
    • United States
    • American Criminal Law Review Vol. 45 No. 2, March 2008
    • 22 March 2008
    ...must be held to the consequences."). (51.) DOJ ELECTION PROSECUTION MANUAL, supra note 3, at 38-39; see also United States v. Bathgate, 246 U.S. 220 (52.) DOJ ELECTION PROSECUTION MANUAL, supra note 3, at 39; see also United States v. McLean, 808 F.2d 1044, 1049 (4th Cir. 1987) (affirming d......
  • Election law violations.
    • United States
    • American Criminal Law Review Vol. 46 No. 2, March 2009
    • 22 March 2009
    ...must be held to the consequences."). (51.) DOJ ELECTION PROSECUTION MANUAL, supra note 3, at 38-39; see also United States v. Bathgate, 246 U.S. 220, 226 (52.) DOJ ELECTION PROSECUTION MANUAL, supra note 3, at 39; see also United States v. McLean, 808 F.2d 1044, 1049 (4th Cir. 1987) (affirm......
  • Election law violations.
    • United States
    • American Criminal Law Review Vol. 47 No. 2, March 2010
    • 22 March 2010
    ...must be held to the consequences."). (51.) DOJ ELECTION PROSECUTION MANUAL, supra note 3, at 38-39; see also United States v. Bathgate, 246 U.S. 220, 226 (52.) DOJ ELECTION PROSECUTION MANUAL, supra note 3, at 39; see also United States v. McLean, 808 F.2d 1044, 1049 (4th Cir. 1987) (affirm......
  • Election Law Violations
    • United States
    • American Criminal Law Review No. 59-3, July 2022
    • 1 July 2022
    ...of the right to vote under § 241.”). 296. DOJ ELECTION PROSECUTION MANUAL, supra note 1, at 36; see also United States v. Bathgate, 246 U.S. 220, 226 (1918). But see United States v. Robinson, 813 F.3d 251, 254 (6th Cir. 2016) (charging defendants with conspiracy to violate civil rights thr......
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