Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1899-11-03
THE BOOKER DECISION
The Decision Of Judge Amidon in the
Booker Case Was an Import
ant One.

u. s. court in the Booker case is an i'm
portant one, it being the first time that
a court has passed square)y upon the
issues presented. Judge Amidon, in
directing the acquittal of Booker, said:
"The defendant, Booker is indicted
under section 500 of the revised statutes
of the United States, which makes it a
crime for the president of q national
bank to make a false entry in any re.
port of the association to the comptrol-
Ter OF the currency, with the intent men
toned in the statute. He is charged
with making false entries in four diff
ferent reports. The evidence on the
part of the government affirmatively
shows that Mr.. Booker neither made
any entry in these reports, o directed
any other person to do So; that his only
act in connection with the reports was
to sign and verify the same at the re-
quest of the assistant crshier. His
counsel claim that this act does not
bring him within the statute creating
the crime of making a false entry in a
report. The question thus raised is.
whether signing and verifying a report
containing a false entry can be con
strued as making a false entry in the re-
port, provided it appears that the de-
PENDANT neither made the entry nor di
rected the same to be made. This ques-
ton has been answered by the supreme
court of the United States in the case
of Cochrane vs. the United States, Isl
". S. 2S6, 293, in unmistakable language.
The court there says:
"The argument of the defendant as
.Cn1roo0 fhQf thu p,N00ysNr NJ kIo -
the making of the report are the same
thing, whereas in fact they are wholly
different. By section 52l1 the report
must be made by the association and
must be verified by the oath or afirma-
ton of the president or cashier and at
tested by tho signature Of at least three
of the directors. But under section 5000
there is DO penalty affixed to the asso-
citation or its officers for making n false
report, nor to the president or cashier
for verifying such report.
"While the act of the defendant in
verifying q report containing a false en-
try is equally mischievous with that of
making a false entry therein, this affords
no justification for a court to hold that
an act which is not fairly within the
language of the statute can be made
criminal because it is within the general
scope of the mischief which the statute
was intended to prevent. This rule has
been repeatedly declared by the supreme
court: United States VS.. Wilberger, 5
Wheaton rs: United States VS.. Chase,
l35 U. S. 255, 261; United States VS.,
Clayton, 2 Dillon, 219.
"For many Years it vas much debated
in the federal courts whether a presi.
dent or cashier of a national bank who
signed and verified the report, could be
held liable for false entries made there.
in by a clerk at his express dictation.
1t was finally decided that the officer
was liable in this case. But the de.
cisions are all based upon the ground
that he is liable because he directed the
act to be done, and that thereby the
clerk was merely his instrument in do
ing the forbidden act. The reasoning
OF all these cases amounts to an implied
holding that the president or cashier
could not be held liable for simply sign
ing the report unless he either made the
false entry or directed another to do SO
while it is much to be regretted tina
the national bank act is inadequate tt
provide against the wrong charged
against the defendant, the only remedy
Tor the lmperfectiOn of the statute is tx
be sought in congress and not in tn,
courts"
The Fargo Forum says of the outcome
Of the case: The friends of the ex-State
Treasurer L. E. Booker will be pleased
: at the successful termination of the cast
in the United States court which culmi
mated in a favorable verdict on Wednes
day. Mr.. Booker had on deposit-a!
the books show, $$51 900 to his credit be
sides owning stock to the amount o
s25, 900 in the Grand Forks Nationa
bank, when he became president. Eff
teen days after-as shown by the evi
dence-he raised by individually en-
dorsing the banks paper $4,000 more
which was put in the banks vault. A