UNITED STATES V. NORTON
| Decision Date | 01 January 1875 |
| Citation | 91 U. S. 566 |
| Court | U.S. Supreme Court |
ON CERTIFICATE OF DIVISION OF OPINION BETWEEN THE JUDGES OF THE CIRCUIT
COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK
1. The act entitled "An Act to establish a postal money order system," approved May l7, 1864, 13 Stat. 76, is not a revenue law within the meaning of the act entitled "An Act in addition to the act entitled An Act for the punishment of certain crimes against the United States,'" approved March 26, 1804, 2 Stat. 290.
2. A person cannot be prosecuted, tried, or punished for the embezzlement of money belonging to the postal money order office unless the indictment shall have been found within two years from the time of committing the offense.
It appears by the record that Norton was indicted for the embezzlement at different times of money belonging to the
money order office in the City of New York, he being a clerk in that office when the crimes were committed.
The indictment was found on the 21st of February, 1874. He pleaded "that the several offenses did not arise, exist, or accrue within two years next before the finding of said indictment." To this plea the United States demurred. Upon the point thus presented as to the sufficiency of the plea, the judges were divided in opinion.
The indictment was founded upon the eleventh section of the passed May 17, 1864, 13 Stat. 76.
The substantial question presented for our determination is which of these two provisions applies as a bar to a prosecution for the offenses described in the indictment? The solution of this question depends upon the solution of the further question whether the is a revenue law within the meaning of the third section of the Act of 1804.
The offenses charged were crimes arising under the Money Order Act. The title of the act does not indicate that Congress, in enacting it, had any purpose of revenue in view. Its object, as expressly declared at the outset of the first section, was "to
promote public convenience and to ensure greater security in the transmission of money through the United States mails." All moneys received from the sale of money orders, all fees received for selling them, and all moneys transferred in administering the act are "to be deemed and taken to be money in the Treasury of the United States." The Postmaster General is authorized to allow the deputy postmasters at the money order offices, as a compensation for their services, not exceeding "one-third of the whole amount of fees received on money orders issued," and at his option, in addition, "one-eighth of one percent upon the gross amount of orders paid at the office." He was also authorized to cause additional clerks to be employed, and paid out of the proceeds of the business, and to meet any deficiency in the amount of such proceeds during the first year, 00,000, or so much of that sum as might be needed, was appropriated.
There is nothing in the context of the act to warrant the belief that Congress, in passing it, was animated by any other motive than that avowed in the first section. A willingness is shown to sink money, if necessary, to accomplish that object.
In no just view, we think, can the statute in...
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