United States v. Boyer

• Citation: 85 F. 425
• Parties: UNITED STATES v. BOYER.
• Decision Date: 28 February 1898
• Court: U.S. District Court — Western District of Missouri

85 F. 425

UNITED STATES v. BOYER.

United States Circuit Court, W.D. Missouri, Western Division.

February 28, 1898

John R Walker, Dist. Atty., for the United States.

Lathrop Morrow, Fox & Moore, for defendant.

ROGERS District Judge.

The defendant, Harry Boyer, is indicted for the crime of bribery based on section 5451 of the Revised Statutes of the United States, which is the general statute creating and punishing the crime of bribery, and reads as follows:

'Every person who promises, offers, or gives, or causes or procures to be promised, offered, or given, any money or other thing of value, or makes or tenders any contract, undertaking, obligation, gratuity, or security for the payment of money, or for any person acting for or on behalf of the United States in any official function, under or by authority of any department or office of the government thereof, or to any officer or person acting for or on behalf of either house of congress, or of any committee of either house, or both houses thereof, with intent to influence his decision or action on any question, matter, cause, or proceeding which may at any time be pending, or which may by law be brought before him in his official capacity, or in his place of trust or profit, or with intent to influence him to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty, shall be punished as prescribed in the preceding section.'

The indictment is in three counts. In the first count he is indicted for attempting to bribe Leslie J. Allen, an assistant inspector in the bureau of animal industry; and in the second count he is indicted for attempting to bribe Frederick William Hopkins, an assistant inspector in the bureau of animal industry; and in the third count he is indicted for attempting to bribe Don W. Patton, assistant inspector in the bureau of animal industry. In other respects the counts are the same. No notice, therefore, will be taken of the second or third counts, as the ruling on the first will cover the second and third.

The first count in the indictment is as follows:

'The grand jurors of the United States of America, duly chosen, selected, impaneled, sworn, and charged to inquire of and concerning crimes and offenses in the Western division of the Western district of Missouri, on their oaths present and charge that at the Western division of the Western district of Missouri, on or about the 21st day of April, 1897, the Jacob Dold Packing Company was a corporation duly created and existing according to law, and was engaged in the slaughtering and packing of cattle, sheep, and hogs, which were the subjects of interstate commerce; that is to say, were engaged in slaughtering cattle, sheep, and hogs, the carcasses and products of which were to be transported and sold for human consumption in other states and territories. And the grand jurors aforesaid, upon their oaths aforesaid, do further present and charge that on or about the 21st day of April, 1897, at the said Western division of the Western district of Missouri, one Leslie J. Allen was an officer of the United States, and a person acting for and on behalf of the said United States; that is to say, was an assistant inspector in the bureau of animal industry, he, the said Leslie J. Allen, having prior to that time been appointed by the then secretary of agriculture as such assistant inspector in the bureau of animal industry, and he, the said Leslie J. Allen, as such assistant inspector, was on or about the said 21st day of April, 1897, at the said Western division of the Western district of Missouri, stationed at the packing house of the said Jacob Dold Packing Company; and it became and was the duty of the said Leslie H. Allen, as such assistant inspector and officer of the United States, and acting for and on behalf of the United States, to make a post mortem examination of the carcasses of all cattle, sheep, and hogs to be prepared for human consumption at the packing house of the said Jacob Dold Packing Company, as aforesaid, which said carcasses of said cattle, sheep, and hogs were intended to be transported and sold for human consumption in other states and territories; and it became and was the duty of the said Leslie J. Allen, as such officer and inspector as aforesaid, on the said post mortem examination of the carcasses of cattle, sheep, and hogs, as aforesaid, if he found any of said carcasses to be diseased and unfit for human food, to mark the said carcass with a yellow condemnation tag; and it became and was the duty of the said Leslie J. Allen, as such officer and inspector, as aforesaid, to supervise the removal of such condemned carcass or carcasses to a tank or tanks on the premises of said Jacob Dold Packing Company, and see said carcass or carcasses deposited in said tank or tanks and rendered in such manner as to prevent its withdrawal as a food product. And the grand jurors aforesaid, upon their oaths aforesaid, do further present and charge that at the said Western division of the Western district of Missouri, on or about the said 21st day of April, 1897, there were certain carcasses of cattle at the packing house of the said Jacob Dold Packing Company which had been condemned; and one Harry Boyer, well knowing the premises, and well knowing the duty of the said Leslie J. Allen as such inspector and officer of the United States, as aforesaid, and person acting for and on behalf of the said United States in the inspection and supervision of the removal and rendering of the carcasses of condemned animals as aforesaid, unlawfully, wickedly, and corruptly devising, contriving, and intending to tempt, seduce, bribe, and corrupt the said Leslie J. Allen, so being an inspector and officer of the United States, as aforesaid, and person acting, as aforesaid, for and on behalf of the said United States, to prostitute, abuse, and betray his trust and violate his duty as such inspector and officer, as aforesaid, did unlawfully, wickedly, feloniously, and corruptly offer to give a large sum of money to the said Leslie J. Allen, as such inspector and officer as aforesaid; that is to say, did unlawfully, wickedly, feloniously, and corruptly offer to pay to the said Leslie J. Allen, as such inspector and officer as aforesaid, a stipulated salary per month, in order thereby corruptly to influence, induce, persuade, and bribe him, the said Leslie J. Allen, as such inspector and officer, as aforesaid, in his capacity and character as such United States officer and inspector in the bureau of animal industry, and person acting for and on behalf of the said United States, to agree and consent that the condemned carcasses of cattle intended for transportation, and to be sold as food in other states and territories, might be made into sausage and other food products, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States.

The defendant, Harry Boyer, interposed a demurrer, which is as follows:

'First. For the reason that said first count does not state facts constituting a crime, misdemeanor, or offense under the constitution, statutes, and laws of the United States. Second. Said defendant further demurs to said first count for the reason that the matters and things therein set forth do not show or state that the carcasses or cattle there in mentioned were the subjects of interstate commerce, nor that the said Leslie J. Allen, therein referred to, was an officer of the United States, or a person acting for or on behalf of the United States in any official function, nor that there was any intent or effort made by this defendant to influence the decision or action of the said Leslie J. Allen on any question, matter, cause, or proceeding which was at any time pending, or which was by law brought before him in his official capacity, or in his place of trust; nor do said facts allege or show any intent on the part of this defendant to influence said Leslie J. Allen to commit or do, or to collude in or allow, any fraud, or make opportunity for the commission of any fraud, on the United States, or to make opportunity for the commission of any fraud, on the United States, or to induce him to do or omit to do any act in violation of his lawful duty.'

The point to be decided is whether the indictment charges an offense against the laws of the United States. Has congress the power, under the constitution, to send an inspector into a packing house, located within a state, and impose upon him the duties alleged in the indictment? If it has not, is one guilty of bribery, under the United States statutes, who offers or gives such inspector money to induce him not to perform such alleged duties? The importance of the question is very great. The discussion of the demurrer evinced care research, and earnest thought by counsel, and the court has given the subject the consideration it deserves. It is a matter of public history that foreign countries have complained of American exportations of diseased meats. To guaranty foreign countries against such products, to promote American commerce therein, and to secure, as far as possible, wholesome food products, congress enacted the legislation whereby the secretary of agriculture was empowered to have made a careful inspection of cattle, sheep, and hogs at slaughter houses, which were about to be slaughtered, the products of which were intended for sale in other states or foreign countries. 1 Sup.Rev.St. 937; 1 Supp.Rev.St. 403. And these inspections were to be made under rules and regulations prescribed by the secretary of agriculture....