Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-01-09
The Post Office Department
Explains.
STATUTES EXPLICIT
DECLARES THAT THE CASES
WERE NOT ANALOGOUS.
Nebraska Senator Was Acquitted in
Accordance With the Law on
the Question.

"The impression seems to obtain that
there was a conflict between the ruling Of
the court in the briggs case, In the eastern
district of New York. and the ruling Of the
court in the Dietrich case, in Nebraska"
said an oficial of the Post Office Depart
ment. this afternoon.
such Is not the case. however. since SEN
ator Dietrich was indicted under section
1871 of the Revised Statutes. which. in
terms, prohibits every member Of Con-
gress' from receiving or agreeing to re-
ceive compensation for procuring an Office
from the government or any department
thereof
x-Representative briggs was indicted
and tried under section 1882 Of the Revised
Statutes which provides that no senator,
representative or delegate, after his cleo
ton and during his continuance In office,
shall receive or agree to receive any COM
pensation, directly or Indirectly, Tor any
services rendered or to be rendered to any
person in relation to any proceeding, con-
tract, claim or controversy, etc, In which
the United States is a party, or directly or
Indirectly interested.
.aThe fact that in section 1881 Congress
prohibited a member of Congress from
doing certain thing, while In section 1852
1t provided that no senator, representative
or delegate, after his election and during
his continuance in office. should do certain
things. the court held, showed that Con-
sress in section 1871 intended to prohibit
the doing of certain things after member
of Congress had qualified as such, while In
section 1792 Congress intended to prohibit
the doing Of certain things after the cleo
ton of a member and while he continued
in office.
Senator Dietrich was charged with hav-
ing procured post Office for constituent
and accepting pay therefor. This transac-
ton was alleged to have taken place after
his election but prior to his qualification a.
senator.
HE was indicted under section 1871, be-
cause section 1882 does not prohibit a MEM
ber OF Congress from accepting compensa-
ton for procuring an Office The court held
that since Senator Dietrich had not quail
fed when the alleged transaction occurred.
he was not a member Of Congress-. ana
therefore not within the Inhibition Of SEQ
ton 1881.
Representative briggs was charged
with having procured a contract or aided in
procuring q contract from the government
after his election and during his continu-
ance in ONCE and was indicted under sec
ton 1882
THE court held that under the provisions
Of that section he could be convicted, even
though he had not at the time he procured
the contract qualified as q representative.
It will thus be seen that there was no con-
f1ict in the position Of the two courts. since
the indictments were predicated upon diff
ferent sections of the statute"
The Sections Of the Revised Statues.
The sections of the Revised Statutes re-
fsrred to in the interview follow:
Sec. 1871. Every member Of Congress or
any officer or agent of the government who
directly or indirectly takes receives or
agrees to receive any money, property or
other valuable consideration whatever from
any person for procuring, or aiding to pro-
cure, any contract. office or place from the
government or any department thereof, or
from any officer of the United States, for
any person whatever, or for giving any
such contract, Office or place to any person
whomsoever. and every person who, direct
ly indirectly, offers or agrees to
give. or gives. or bestows, any money,
property or other valuable consideration
whatever, for the procuring aiding to
procure any such contract, Office or place.
and every member of Congress who, direct
ly or indirectly, takes, receives or agrees to
receive any money, property or other valu-
able consideration whatever after his cleo
ton as such member. for his attention to.
services action, vote or decision on any
question, matter, cause proceedings
which may then be pending, or may by law
or under the Constitution be brought be-
fore him in his official capacity, or in his
place az such member of Congress- shall be
deemed guilty Of misdemeanor. and shall
be imprisoned not more than two years and
fined not more than $40, 600.
Amy such contract or agreement may. at
the option of the President. be declared
of Congress or officer convicted of viola
ton of this section shall, moreover be dis
qualified from holding any Office of honor,
profit or trust under the government of the
United States.
Section 1852. No senator, representative
or delegate, after his election and during
his continuance In office, and no head of
department or other officer or clerk in the
employment Of the government shall re-
ceive or agree to receive any compensation
whatever, directly or indirectly, for any
services rendered. or to be rendered. to any
person, either by himself or another, in re-
lation to any proceeding, contract, claim
controversy. charge, accusation, arrest or
other matter or thing in which the United
States is a party or directly or indirectly in
terested. before any department, court-mar-
tial. bureau officer, or any civil, military,
or naval commission whatever.
Every person offending against this Sec
ton shall be deemed guilty Of misdemeanor
and shall be imprisoned not more than two
years and fined not more than $4,000. and
shall. moreover, by conviction therefor be
rendered forever thereafter incapable of
holding any Office of honor trust mr. prOf1t