The evening Republican., 1902-09-27
'AlR!GU MDN1' ON
DBMURR|'iE
Claims Made That Indictments
Lre Faulty in That Ttey
Contain no 0fenSe.

/ morning on demurrer to the
indictment against Carman Melt
L ct al, charging them with conspi.
racy in obtaining naturalization
paners by fraud.
Henry G. Conrad and Harry
Emmons represented the defendants.
Tbs indictment in this case was
Aimilar to that which was presented
u against Joseph A. DeLucca and the
case was taken from the jury as
$IJudge Bradford decided no offence
Ejwas charged in the indictment.
n Ghe Indictment in above sta ted
casa Is framed under Section 544O of
the RevAed Statutes of the Unite d
Estates as amended, which provide s
an substance 50 far a: this case 8
concerned, that two or more person S
\ conspiring to commit any offence
I against the United States Shall,
when certain things are done, be H.
\ able 10 the penalties provided IN The
\ Act. A demurrer has been filed by
1 counsel for defen danLs, alleging
that the indictment does not state
any offence against the laws of the
4 United States. The indictment
charges the dcicndasts with con.
1 kpiring in violation Of Section $40
4 with the view OF the violation OF
U EecJion 5425 of the Revised Statutes
ssof the UAited States.
Section 5425 of the Revised Statu-
sstes Of the United States provid es in
Il 2ssubsta nee, so far as this case Is con.
sscerned, that eYsX person who OBJ.
Gains. accepts or fecelves any certi f.
Sscate Of citizenship, known to such
y person to have been procured by
means OF any false statement made
II Nib intent to procure the issuance
Escf such certificate, shall be liable to
Ebe penalties provided in the said
/. se:tip. The lndictmenJ in The above
k-ated case charges that the deien.
Hsnts did consplre to an offence
Eagaiu4 the United States bv causing
~ violation OF sel,,on 5425 L. S, II.
E& which said offence consisted IN
yhis, that by their consprins and
ESDducement several aliens other than
The cousplralors should obtain &C.
Ecept and receive certificates OF cti-
AenShip in violation of the said sec.
zion 5425.
n Counsel for the defendant in sup.
port OF their demurrer rely upon the
EdeGslon OF the presiding Judge of this
l EAlIrt in fla nns If tho IT,,it tsflC ~
vs. Vannucci ct al. and decided at
This term. In deciding the VannuCci
lease the presiding Judge Of this Court
4 said that Section J44J was violated
only when there was conspiracy to
commit an offence against the laws
Of the United States, and that the
said Section $40 was not violated by
conspirators who entered iuto con-
Espiracy to cause the commission of an
IhDt1ence against the United States.
A more careful examination OF
he question consldered IN the Van
nuccl indicted aud which again a.
fises In the present Indictment VIII,
submit. lead to the conclusion
that an offence is committed under
section 544O q. S. X. 5. when the
eunsplrators not only conspire TO
c0mmlt Themselves, al offence
agains the United States, but like
Wise when they couspjre to cause
others 10 commitan offence asai ust
fhe United Stands A person who
causes. procures or lnStgates an
pfher TO commit crime is himself
Enilty OF the crime committed. This
ls a proposition 50 elemental as not
20 require the citation Of authority.
Therefore, Section jilO which de-
n0unces any conspiracy to commit
n offence against the United States
y violated when any persons con
plre TO cause, procure or iustlgate
my person or persons to violate
any law of the United States.
Section 544O l. ). Il. 5. is not
eonfinel to the punishment Of con
pprators who themselves commit
fhe crime forming the object of tn o
conspiracy, but extends to and in
pludes consplratOrs who cause, pro-
pure and lnStlgate others to commit
in offense against the laws Of the
United States. This very question
frose in Toledo, etc Company vs..
pennsylvania Company ct al, 54
Fed, 730, Circuit Court Of OHIO,
1888 where Circuit Court Judge
Eaft in a case Of tho greatest iul-
Sortance gave profound cOusIlera-
Aon to Section $40 as applied to a
|onspirator causing others to vio-
hte the laws of the United States
Rreat reliance is placed upon this
nse because Of the importance Of
he subject matter and the high
haracter Of the jurist who presi-
led at the trial.
The AnericauBar hollis as one Of
u eb'eteSt ornaments this distin.
Anlshed Judge wnU is now upOuild-
M justice as Governor OF the Philip
tne Islands' The decision is eX.
Rustive, luminous and profound: it
xolvcd the legal rights Of one Of
e greatest labor orsanIIatIons / n
y United States, the BrOtherh on d
Locomotive Eng gIneers, socie ty
such dignity that only the other
" the President ofUnlted States
}nsidered himself honorei n beng
Knitted to its mem Uer,hIp. The
Dledo case involved the liability
Mr. Arthur. the Conservative pre-
ldeut ot tie Brotherhood. to the
b,alities OF Section J++0 L. s. RS.
cause Mr.. Arthnr understood TO
fcrce against the Toledo Rail-
fad Go. an order whereby the mem.
Yrs of the hcBrotherhood would &c asc
prking on lines connecting with
b Tolsdo Co.'S. lines, II such con :
/cting lines did not case to receive
= freight handed by the Toledo
mpany.