United States v. Dietrich
U.S. Circuit Court for the District of Nebraska
Indictment under section 3739 of the Revised Statutes [U. S. Comp. St. 1901, p. 2508] charging that the defendant, while a senator in Congress from the state of Nebraska, did “hold and enjoy” a contract theretofore entered into between himself and the United States for the use and occupation, for purposes of a United States post office at Hastings, Neb., of a lot and building owned by the defendant.
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Indictment under section 3739 of the Revised Statutes [U. S. Comp. St. 1901, p. 2508] charging that the defendant, while a senator in Congress from the state of Nebraska, did “hold and enjoy” a contract theretofore entered into between himself and the United States for the use and occupation, for purposes of a United States post office at Hastings, Neb., of a lot and building owned by the defendant. The time when the offense was committed is stated to have been December 20, 1901, but the time when the contract was entered into is not given. In support of a demurrer to the indictment, the…
1Opinion of the CourtVan Devanter, Circuit Judge
(after stating the facts as above). The argument of counsel for the government, as well as for the accused, having proceeded as if this indictment directly presented the question whether one who lawfully enters into a contract with the Ünitéd States, and subsequently, and during the life of the contract, becomes a senator in Congress, may continue to hold and enjoy that contract, we will, for the purposes of this decision, treat the indictment as if it specifically charged facts from which this question would necessarily arise. The pertinent statutory provisions are [U. S. Comp. St. 1901, pp.…
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