United States v. Kessel

• Court: U.S. District Court — Northern District of Iowa
• Citation: United States v. Kessel, 62 F. 57 (N.D. Iowa 1894)
• Decision Date: 04 June 1894
• Docket Number: 3,513,,3,517.,3,512
• Parties: UNITED STATES v. KESSEL (three cases).

62 F. 57

UNITED STATES v. KESSEL (three cases).

Nos. 3,512, 3,513,, 3,517.

United States District Court, N.D. Iowa, Eastern Division.

June 4, 1894

Cato Sells, U.S. Dist. Atty., and M. D. O'Connell, for the United states.

Lyon &amp Lenehan, H. T. Reed, and W. H. Barker, for defendant.

SHIRAS District Judge.

The indictments in cases Nos. 3,512, 3,513, and 3,517 are based upon the provision of section 5501 of the Revised Statutes; and in cases Nos. 3,512 and 3,513 it is charged that the defendant, Kessel, did knowingly and unlawfully receive from the person named the sum of $10, with the intent to have his official decision influenced in a matter pending before him he being a person acting on behalf of the United States government in an official function, as a member of a board of surgeons duly organized at Cresco, Howard County, Iowa, by the commissioner of pensions, which board and the defendant as a member thereof, were acting under the authority of the office of the United States commissioner of pensions, and charged with the duty of examining persons prosecuting claims for pensions, or increase thereof, who might be ordered by the commissioner to appear before them, and to make a certificate and report of the results of such examination to the commissioner; it being also averred that the person from whom the money was received had a claim for pension pending and had been ordered to appear before the board of surgeons for examination by the commissioner of pensions, and did so appear. The objections urged, that a member of a board of surgeons is not a person acting under any official capacity, and that the pension office is not an 'office of the government,' within the meaning of section 5501, have already been passed upon in the cases just decided, and need no further attention. The indictments in cases 3,512 and 3,513 are sufficient in form and substance, and charge offenses within the meaning of section 5501, and the demurrers thereto are overruled.

In case No. 3,517 it is charged that the defendant did knowingly and unlawfully ask a gratuity, the nature of which is unknown to the grand jurors, with intent to have his official action influenced. Section 5501 provides for the punishment of every officer or person, acting on behalf of the United States 'who asks, accepts, or receives any money, or any contract, promise, undertaking, obligation, gratuity, or security, for the payment of money,...