$ 250. Other Crimes Committed While Violating the Preceding Section.-Section 5509 of the old 1878 Statutes reads as follows:

"Sec. 5509. If in the act of violating any provision in either of the two preceding sections any other felony or misdemeanor be committed, the offender shall be punished for the same with such punishment as is attached to such felony or misdemeanor by the laws of the State in which the of fense is committed."

The section does not embrace any felony or misdemeanor against a State, of which, prior to the trial in the Federal Court of the Federal offense, the defendants had been lawfully acquitted by a State Court having full jurisdiction. As the Federal Court accepted the judgment of a State Court, construing the meaning and scope of the State enactment, whether civil or criminal, it should also accept the judgment of a State Court based on a verdict of acquittal of a crime against the State. United States vs. Mason, 213 U. S., 115.

§ 251.

Depriving Persons of Civil Rights Under Color of State Law.-Section 5510 of the old statutes becomes Section 20 of the new Code, which is in the following words:

"Sec. 20. Whoever, under color of any law, statute, ordinance, regulation, or custom, wilfully subjects, or causes to be subjected, any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than one thousand dollars, or imprisoned not more than one year, or both."

The Court, in charging the jury in United States vs. Buntin, 10 Federal, 730, which was a prosecution under this section, said, "He, the child, must have been excluded under some color of law, statute, ordinance, regulation, or custom of the State, and on account of his color." See also Civil Rights Cases, 109 U. S., 16.

§ 252. Conspiracy to Prevent Person from Holding Office or Officer from Performing His Duty Under

United States, Etc.-Section 5518 of the old Statutes becomes Section 21 of the new Code, as follows:

"Sec. 21. If two or more persons in any State, Territory, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, Territory, District, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined not more than five thousand dollars, or imprisoned not more than six years, or both."

§ 253. Unlawful Presence of Troops at Elections.Section 22 of the new Code takes the place of old Section 5528, and is in the following words:

"Sec. 22. Every officer of the Army or Navy, or other person in the civil, military, or naval service of the United States, who orders, brings, keeps, or has under his authority or control any troops or armed men at any place where a general or special election is held in any State, unless such force be necessary to repel armed enemies of the United States, shall be fined not more than five thousand dollars and imprisoned not more than five years."

§ 254. Intimidation of Voters by Officers, Etc., of Army and Navy.-Section 23 of the new Code displaces old Section 5529, and is in the following words:

"Sec. 23. Every officer or other person in the military or naval service of the United States who, by force, threat, intimidation, order, advice, or otherwise, prevents, or attempts to prevent, any qualified voter of any State from freely exercising the right of suffrage at any general or special election in such State shall be fined not more than five thousand dollars and imprisoned not more than five years.'

$255. Officers of Army or Navy Prescribing Qualifications of Voters.-Section 24 of the new Code takes the place of old Statute 5530, and is as follows:

"Sec. 24. Every officer of the Army or Navy who prescribes or fixes, or attempts to prescribe or fix, whether by proclamation, order, or otherwise, the qualifications of voters

at any election in any State shall be punished as provided in the preceding section."

§ 256. Officers, Etc., of Army or Navy Interfering with Officers of Election, Etc.-Section 25 of the new Code takes the place of Section 5531, and is as follows:

"Sec. 25. Every officer or other person in the military or naval service of the United States who, by force, threat, intimidation, order, or otherwise, compels, or attempts to compel, any officer holding an election in any State to receive a vote from a person not legally qualified to vote, or who imposes, or attempts to impose, any regulations for conducting any general or special election in a State different from those prescribed by law, or who interferes in any manner with any officer of an election in the discharge of his duty, shall be punished as provided in section twentythree."

$257. Persons Disqualified from Holding Office; When Soldiers, Etc., May Vote.-Old Section 5532 becomes Section 26 of the new Code, as follows:

"Sec. 26. Every person convicted of any offense defined in the four preceding sections shall, in addition to the punishment therein prescribed, be disqualified from holding any office of honor, profit, or trust under the United States; but nothing therein shall be construed to prevent any officer, soldier, sailor, or marine from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the State in which he offers to vote."

CHAPTER XII.

OFFENSES AGAINST FOREIGN AND INTERSTATE COMMERCE

§ 258. Dynamite, Etc., not to be Carried on Vessels or Vehicles Carrying Passengers for Hire.

258a. Explosives.

259. Interstate Commerce Commission to Make Regulations for Transportation of Explosives.

260. Liquid Nitro-Glycerine, Etc., Not to be Carried on Certain Vessels or Vehicles.

261. Marking of Packages of Explosives-Deceptive Marking. 262. Death or Bodily Injury Caused by Such Transportation. 263. Importation and Transportation of Lottery Tickets, Etc.

264. Interstate Shipment of Intoxicating Liquors, Delivery to be Made Only to Bona Fide Consignee.

265. Common Carrier, Etc., not to Collect Purchase Price of Interstate Shipment of Intoxicating Liquors.

265a. Decision Under Last Statute.

266. Packages Containing Intoxicating Liquors Shipped in Interstate

Commerce to be Marked as Such.

267. Importation of Certain Wild Animals, Birds, and Reptiles Forbidden.

267a. Migratory Game-Birds.

268. Transportation of Prohibited Animals.

268a. Constitutionality of Statute.

269. Marking of Packages.

270. Penalty for Violation of Preceding Sections.

271. Depositing Obscene Books, Etc., with Common Carrier.

271a. The Statute is Constitutional.

271b. Anti-Pass Law.

271c. Theft of Goods in Interstate Commerce.

271d. Cotton Future Contracts.

271e. Opium or Coco Leaves, Their Salts, Derivatives or Preparations. 271f. Interstate Commerce-Regulation Thereof.

In Chapter IX. of the 1910 Code, there are fourteen sections which are created offenses by reason of the power of the general Government to supervise interstate and international

commerce.

§ 258. Dynamite, Etc., Not to be Carried on Vessels or Vehicles Carrying Passengers for Hire.-Sections

4278 and 5353 of the old Statutes are shorn of their cumbersomeness and broadened by new Section 232, in the following words:

"Sec. 232. It shall be unlawful to transport, carry, or convey, any dynamite, gunpowder, or other explosive, between a place in a foreign country and a place within or subject to the jurisdiction of the United States, or between a place in any State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, and a place in any other State, Territory, or District of the United States, or place noncontiguous to but subject to the jurisdiction thereof, on any vessel or vehicle of any description operated by a common carrier, which vessel or vehicle is carrying passengers for hire: Provided, That it shall be lawful to transport on any such vessel or vehicle small arms ammunition in any quantity, and such fuses, torpedoes, rockets, or other signal devices, as may be essential to promote safety in operation, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of one-half pound each, and not exceeding twenty samples at one time in a single vessel or vehicle; but such samples shall not be carried in any part of a vessel or vehicle which is intended for the transportation of passengers for hire: Provided further, That nothing in this section shall be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipment vessels or vehicles."

The punishment for the violation of this section is determined in Section 235, wherein Congress provides, that, "Whoever shall knowingly violate or cause to be violated any provision of this section .... shall be fined not more than two thousand dollars, or imprisoned not more than eighteen months, or both."

.....

§ 258a. Explosives. Labor leaders who conspired to transport explosives in violation of the above section were convicted and their sentences affirmed in Ryan vs. U. S., 216 Federal, 213.

§ 259. Interstate Commerce Commission to Make Regulations for Transportation of Explosives.-Old Sections 4279 and 5355 are amplified and added to, and become Section 233 in the New Code, authorizing the Interstate Commerce Commission to formulate regulations, in the following words: