The Washington times., 1903-01-07
Attorney for Department
Also Blind to Sections
1912, Which, Interpre-
ted by the Attorney Cen
eral, Make MaChen Amen
able TO Penitentiary SEN
tenCe.
Family Coal Firm Persists
in Efforts to Continue
Violation of Law Insti-
gated by Superintendent
of Free Delivery Division

Va IiCG OSltFCIy DIF4StOIi
If the officials of the Postofnce Depart
ment persist in their determination to
award the contract for supplying coal
to that department for the remainder
Of the fiscal year TO the flrn Of Macben
Bros. Of which A. " Machen, the su-
perfntendent OF the free delivers. servfes
is az acknowledged member, they viii
do so not only in violation OF the laws
OF the United States. but in utter dis
regard of the Interpretation Of those
laws by the Attorney General Of the
United States.
At the Postofce Department this
morning it was stated that Postmaster
General Payne had not yet taken up the
matter Of the award of the coal con-
tract It was intimated IN certain cir
cles. however. that the delay is due 20
his waiting upon the attorney OF the de-
partment for an opinion as to the Law
in the case. This official. 1t is alleged, is
deferring action to permit the subsidence
Of publics opinion. and to find some means
or pretext upon which TO disregard the
explicit provisions Of the statutes
Heretofore the charge against Machen
has been solely based upon sections 412
and 1888 of the Revised Statutes OF the
United States. That these sections fully
cover the case Is beyond dispute. This
morning, however, it was found that
sections 1871 and 1882. of the same stat
utes had an equal bearing upon the m
ter.
Further Stipulation.
They zen so further than the first
seetians named, and in addition 10 max
.ng the offence a misaeaasaaor. punish
able 6y not over two years imprison-
ment and a fine not exceeding $4,000,
stipuIate that upon conviction Of a vio-
Iation Of these sections Of the statutes
the offender shall forever thereafter be
incapable Of holding any place OF honor.
trust. or profit under the Government OF
the United States.
Section I7sI, Revised Statutes Of the
United States, provides that;
Every member Of Congress OF any
officer OF agent OF the Governments
who, directly or indirectly, takes,
receives or agrees TO receive, any
money, property, OF other valuable
consideration whatever, from any
person for procuring. or aiding 10
procure, any contract, office, OF place,
from the Government or any depart
ment thereof. or from any officer Of
the United States. for any person
whatever, or for giving any sucn
contract. Office or place, and every
member Of Congress who, directly or
indirectly takes receives or agrees
TO receive any money. property. OF
uTrr-E ~. FEzTl lara ion u~fsz
ever after his election as such mem
Der. for his attention TO, services,
action. vote or decision on any ques-
tiCn. matter, cause, or proceeding
which may then be pending, or msy
by law OF under the CORsti. uti0n be
brought before him IN his official
capacity, or in his place as such
member Of Congress. shall be deem
ed guilty Of misdemeaDOr, and
shall be imprisoned not more than
two years and fined not more than
10000 And any such contract or
agreement may, at the option OF the
President, be declared absolutely
null and void and any member OF
Congress or officer convicted OF 4
violation OF this section. shall more
over be disqualified from holding any
Office of honor. profit or trust under
the Goyfrnment Of the United
States.
Section I7sz.
Section 1882. Revised Statutes. is eveE
broader. It reads:
No Senator Representative. or
Delegate. after bis election. and dur
ing his continuance IN Office. and no
head OF a department. or other Of
fcer or clerk in the employ Of the
Government. shall receive or agree
to receive any compensation what
ever. directly OF indirectly. for any
services rendered, or 10 be rendered,
to any person, either by himself or
another in relation to any proceed
ing. contract. claim, controversy,
charge. accusation. arrest, or other
matter or thing in which the United
States is a party. or directly OF in-
directly Interested before any de-
partment. court-maTtial, bureau, Of
fee OF any civil, military, or naval
commission whatever. Every per-
son offending against this section
shall be deemed guilty of a mtsde-
meanor. and shall be imprisoned not
more than two years. and fined not
more than $40 600 and shall more
over. by conviction therefor. be rem
dered forever thereafter incapable OF
holding any office of honor. treist. OF
profit under the Government Cf the
United States"
Attorney Generals Opinion
The opinion Of the Attorney General
upon the application of these sections Of
the statutes is clear and explicit Al
though given nearly thirty years ago, Il
has. during all that time. remained un-
questioned, and has been the official In
depreciation of the law throughout al
branches of the Government service
As a member of the Arm OF Machen
Bros A. W Machen not only is Teceiy-
Continued Tenth Page-)