The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-11-14
UNITED STATES CIRCUIT c,Rr.

Tho Case Of David ~fern, Charged with At
tempting to Bribe au Internal Kevenae
Differentiation for Arrest Of Judgment De-
uicd-Eungiing Congressional Legislation
Before Judgs Benidict.
This case camc up on writ In arrest OF Judgment
upon point reserved at the trial Tho defendant
indcted under the sxy second section Of the Internal
Revenue Act Of July Is $780, Tor attempt to bribc
oflccr OF the Unted StateS Ito found guilty by
the jury but the court Is asked TO tho judgment
upon the ground that under tho section referred 10
n 10 drawn, conviction be had. Judse Benedict
In giving his decision sad;-Ihe phrsseoogy OF the
section OF tho internal Rsvenus ACT hcrs question 10
certainly extraordinsry. II is as fcllo~s;-
And be It further enacted, That " any person shall
directly indirectly, promise offer or give,
procure be promised offered or gwen, aay money.
goods right action brbe, present or reward, &C. 60
any onc,r OF the United STATES, &c, with intent 10
influence any such officer person u commit or old
rsst committing any fraud on the revenue OF the
United States or 70 connive ~ or oouae In or ow o.
permit mako opportunity for the com mission OF any
fraud and stall I've thereof convicted, sncn por-
offending SO. shall he liable 10 indictment IN
any coud Of tho Upited states" &C. .
Such being the act point here taken !: that
u must be held to be imperative and Impossible 10
be executed as by express words previous conviction
10 made necessary before indictment can b found
Such, INDEED, must DO the result N sny eject 70 ee
given 70 the Words "And shall be thereof convicted
M not case OF nero transportation Of word or sen
tsnce. any sanncation b. given % the words
referred 70 which will reod them consistent with the
t~st W W. provtsiou 10 give tnem huv mehutnk
~ I'll ~ they stand ~ render The whole meaning
lsss and the ques ION 10 whether these words stand
Ing - thor do, shall b treated surplus
age and of NO eject, whether by giving
thsa s6sct the whole act shall be rendered void.
Withoss these words the act 10 complete defines
offence; declares II the subjeos Of indictment, and
provides punishment upon conviction. Il u an act
which loady called for, 70 prevent " possible,
crime justly supposed 70 be Of great and alarming ire
oueacy 10 suppose that Congress- while proceeding 10
remedy such an evil intended 70 psss "a act which By
By s own sxprcss words was 70 Be rendered wholly m
elective under Any possible Circumstances, h 70 sup.
pose Congress be capable Of deliberate folly " NOT Of
Maud upon the public entertain No doubt but that
10 The duty Of the Court 70 prevent such
) rsssIk and b. trsstiss the words Ia quss
kon a. ssrylusage carry eat The Intention 81
Cosrs.s q manifested b !ns Hsss.ss - 90 ses spos
which are In she cot passsd The ao mus
therefore b reed II the words ane upsa ccnvcees
thesscS" which ere without meaning - sbsy are ussd
present This ahposss Of The quessioa raises
On behalf Of the prisoner, and judgment NUS accord
lngy BE- catered vpon the verdict TIE prsenef wiz %
brought ~ ssstencs saturday nsrt - the open
W u Ne ssarsi HNh intended y prsssss snssvh ID