United States v. Hood

• Decision Date: 31 March 1952
• Docket Number: No. 426,426
• Citation: 96 L.Ed. 846,72 S.Ct. 568,343 U.S. 148
• Parties: UNITED STATES v. HOOD et al
• Court: U.S. Supreme Court

343 U.S. 148

72 S.Ct. 568

96 L.Ed. 846

UNITED STATES

v HOOD et al.

No. 426.

Argued March 4, 1952.

Decided March 31, 1952.

Mr. Philip Elman, Washington, D.C., for appellant.

W. S. Henley, Jackson, Miss., Robert W. Thompson, Jr., Gulfport, Miss., Albert Sidney Johnston, Jr., Biloxi, Miss., Ben F. Cameron, Meridian, Miss., for appellees.

Opinion of the Court by Mr. Justice FRANKFURTER, announced by THE CHIEF JUSTICE.

The defendants were charged in the District Court for the Southern District of Mississippi with a conspiracy to violate 18 U.S.C. § 215, 18 U.S.C.A. § 215, and numerous substantive violations of the same section. The law provides: 'Whoever solicits or receives, either as a political contribution, or for personal emolument, any money or thing of value, in consideration of the promise of support or use of influence in obtaining for any person any appointive office or place under the United States, shall be fined not more than $1,000 or imprisoned not more than one year, or both.¹'

The indictment charged a conspiracy to solicit contributions to the Mississippi Democratic Committee and to the defendants personally in return for promises to use influence to obtain for the contributors appointments in the Post Office Department and in the Office of Price Stabilization. Other counts of the indictment charged substantive violations. Material here are counts 31, 32, and 33 charging the solicitation by two of the defendants of three $300 political contributions from named individuals in return for the promise of support and influence on behalf of the contributors to secure for them appointments as Chairmen of the County Ration Boards of Pike, Amite and Lawrence counties, respectively. It is stipulated that no such offices were in existence at the time of the solicitation or at any time thereafter up to the return of the indictment. Authority to create such offices, however, had been granted to the President, well before the violations charged, by the Defense Production Act of 1950, 64 Stat. 798, 807, 50 U.S.C.App., Supp. IV, § 2103, 50 U.S.C.A.Appendix, § 2103.

Defendants successfully moved to dismiss these portions of the indictment on the ground that the statute did not make criminal the sale of non-existent offices or of influence in connection with appointments to them. The District Court also ordered stricken the references in the conspiracy count to the offices of Chairmen of County Ration Boards. The order of dismissal was appealed by the Government under the Criminal Appeals Act, 18 U.S.C. § 3731, 18 U.S.C.A. § 3731. Our jurisdiction in such cases is limited to the construction of the statute involved.

We think the District Court was wrong. The statute is plainly broad enough on its face to cover the sale of influence in connection with an office which had been authorized by law and which, at the time of the sale, might reasonably be expected to be established. That was the situation here and we do not have to go further to say whether the words will cover the sale of an office which is purely the creature of the seller's fancy.

The evil at which the statute is directed is the operation of purchased, and thus improper, influence in determining the occupants of federal office. But in attacking that evil, Congress outlawed not the use of such influence, but the solicitation of its purchase, the peddling of the forbidden wares. As is not uncommon in criminal legislation, Congress, in order to strike at the root, made the scope of the statute wider than the immediate evil. Even judges need not be blind to the fact of political life the it helps in influencing political appointments to be fore- handed with a recommendation before an office is formally created. Certainly it was not unreal for Congress to believe that the sale of influence in anticipation of jobs was equally damaging to the proper operation of the federal service and to take steps to prevent it. It did so in this Act. Nothing has been suggested, either by the sparse legislative history or by prior judicial construction,² to restrain us from giving effect to the obvious, ordinary reading of the statute. It is pressed upon us that criminal statutes are to be strictly construed. But this does not mean that such legislation 'must be construed by some artificial and conventional rule'. United States v. Union Supply Co., 215 U.S. 50, 55, 30 S.Ct. 15, 16, 54 L.Ed. 87. We should not read such laws so as to put in what is not readily found there. But equally we should not read out what as a matter of ordinary English speech is in.

This Act penalized corruption. It is no less corrupt to sell an office one may never be able to deliver than to sell one he can. Dealing in futures also discredits the processes of government. There is no indication that this statute punishes delivery of the fruit of the forbidden transaction—it forbids the sale. The...