The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-05-12
FINE Legal POINTS
Drawn by the Federal Laws
Against Counterfeiting.
DAN GEROUS TO TAMPER
With Even the Most innocent
With Even the Most innocent
SembIanCe of the Graft.

--NNH0
photographer obtained from the Secre-
tary Of State and the Ambassador permits
sion to photograph the two men and the
warrants which had passed between them.
The permission was given in all innocence,
and the pictures taken without a suspicion
that the act involved a violation Of the law.
In 1873, when the British government
bough United States bond for $15,500, 600
and presented it 10 our government in pay
ment Of the Geneva award, a photograph
was made of the bond by an official photo
grapher employed by the Treasury Depart
ment, and prints of this photograph were
hung in various offices of the department,
and present or sold to parties outside. Yet,
under section 5430 of the Revieed Statutes,
which had then been in existence about
nine years, every person who prints, Pho
tographs, or in any other manner makes or
executes, or causes to be printed, photo
graphed, made, or executed any en-
craving, photograph. print, or impression
in the likeness of any such obligation or
other security ISSUED under the authority
of the United Srates], chaI be punished by
a fine Of not more than s., 900, or by impris
onment at hard labor not more than fifteen
years, or both"
The only exception made under the sta
tute IS in favor of a person who does these
things under authority from the Secretary
Of the Treasury or other PROPER officer" no
suggestion being given of where the line
shall be drawn between ''other" officers
who are proper" or improper" In the
case of the drafts for Spain, it might fair
ly have been assumed that the Secretary of
State was proper" enough officer to give
permission, being the head of the cabinet.
But the secret service thought otherwise,
and the young woman was required to turn
over her negatives to the government in
order to avoid prosecution under the coun-
terfeiting laws.
These laws are extremely sweeping in
their terms, and are construed by the
Treasury authorities severly, as a rule.
The writer Of the present article once put
this to the test by laying a piece of paper
over a $50 gold piece while chatting with
the late Chief Brooks of the Secret Service,
and carelessly rubbing a pencil over the
surface of the paper so as to produce some
thing that looked like a black relief of the
face Of the coin. The Chief quietly reached
across the table and confscated the paper,
with the remark that this was one of the
thing the law forbade, and referred to the
revised statutes in support OF his asser-
ton 1t was during the administration of
Chief Brooks also that a wooden plaque
was sezel by Secret Service officers as it
hung on the walls Of a restaurant in
a n fvc ~ ho1 TOD
on it, in oil colors, a picture of a treasury
note. By no possible means could any one
have taken that board and passed it upon
an unsuspecting victim as piece of paper
money; but the Chiefs explanation of the
matter was that the government had I'M
dertaken not merely to guard the public
against imposition where attempts were
made to practice it, but to discourage ar
the outset any disposition on the part of
persons clever with pen or brush or other
arts tools to trifle with the dangerous bust
ness of counterfeiting.
''more than one man whom have arrest
ed" said the Chief, "has confessed to me
that his career as a counterfeitor began
without elaboration, but by the accident of
discovering that he could make a pretty
good imitation Of something which the gov
eminent says must not be initiated. You
might sit down with your pen and see how
good a picture you could draw OF the face
of a United States note, with no purpose
in the world except amusement; but the
government says you must not do this
not because the act itself is wrong. but be-
cause it does not propose to let your skill
throw temptation in your path. Touch
not is the only safe rule IN such matters.
The instant You begin to dabble with harm,
however fnnocently, you tread, on danger
Gus ground"
Acting on this principle, the government
has repeatedly seized plates engraved for
pictorial use IN newspapers representing
coins, postage-stamps, and new designs of
paper money The newspaper proprietors
probably had no idea of violating the law
in having these plates prepared. and the
damage had been done-if it ever were 10
be done-6y the production of the pictures
in print; but the plates were seized. all the
same.
In contrad.sdnction with these exhibit
ions Of especial care. there have hung on
The walls Of one IF the most popular res
taurauts in Washing for the last twenty
Years a set Of haH-d7zen pieces of frac-
t.ona. currency Of The eivil-war era. the
portrait Of each having been worked over
with pen. SO as TO give the cast Of diff
fereac nationality 70 the face. S5ctia7
g. IA q the revised statutes pres1ribes a
fine Of 5000 and fifteen years irprsson-
nonc at hard laoor Cor every person who
alters any obligation or security of the
United States" out qualities tins with the
phrase. with intent to defraud" II the
purpose Of al the antl-couaterfeitlnE les5s-
iauon Is 10 keep people from the tempta-
t.ao 10 make a wrong use Of their pen. It
seems rs II such work as the alteration OF
portrait on note was as bad Is any
o-her; and If the most sweeping construc-
t.7n Is 10 bs pat upon other prob 1ftorv
ciaOses--n The law. 1t Is hard - see whv
tn.s one should not be construed in the
same sweeping way. by the assYr,7-so-
thar Tie artist intended u "aefrspdo by
making A-s work appear 10 have been the
work Of the ensraver. In short such work
as this seems 60 bear as csose relation, 20
tae WORK Of coUnJertei,lrg as the news
paper representations u coins s,aops NJ
notes \ bnde-gaytea teacher several
years ago Devised a design Tor a tav an
seDcy. made Of Tiny disks 81 shee- metal
stamped WIKI an emblem and legend Tbs
largest NJ ,hese pieces being no la-ser than
the nah of IaGy's little finger. There was
uat ras remoses, chauee u any ones mis-
taking u s Roy money Tor the real rns-z
and 'ae o23ect II is manufae1ure was rs
innocent Is could be. us author wishing
simply 70 teach children how TO buy and
sell and count By setting % 81 imitation