UNITED STATES V. STEVENSON
| Citation | 215 U. S. 200 |
| Decision Date | 29 November 1909 |
| Court | U.S. Supreme Court |
ERROR TO THE DISTRICT COURT OF THE UNITED
STATES FOR THE DISTRICT OF MASSACHUSETTS
Where Congress has made an act a crime and indictable, it follows that, if two or more conspire to commit the act, they conspire to commit an offense against the United States within the meaning of § 5440, Rev.Stat., and so held in regard to conspiring to assist immigration of contract laborers in violation of § 4 of the Immigration Act of February 20, 1907, c. 1134, 34 Stat. 898.
It is within the power of Congress to regulate the punishment of crimes, and it may make the punishment for conspiring to commit a crime greater than that for committing the crime itself.
The facts are stated in the opinion.
This case was argued and submitted with No. 292, just decided. The indictment herein in its second count charges a conspiracy, under § 5440 of the Revised Statutes of the United States, to commit the offense of assisting alien contract laborers to migrate into the United States in violation of the statutes of the United States. Inasmuch as the court below had already reached the conclusion, in considering the former case (No. 292, ante), that assisting alien contract laborers was not punishable as a crime by indictment under the Immigration Act, it held that it followed that to conspire to assist such migration was not an offense against the United States within the meaning of § 5440 of the Revised Statutes of the United States. That section provides:
Inasmuch as we have already held that Congress, in making the assistance of contract laborers into the United States a misdemeanor, has made the same a crime, indictable as such, under the Immigration Act of 1907, it must necessarily follow that, if two or more persons, as is charged in the indictment under consideration, conspire to assist such importation, they do conspire to commit an offense against...
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