Page:Federal Reporter, 1st Series, Volume 8.djvu/895

united states ». dowdbll. 881 �United States v. Dowdell.* �{District Court, D. Indiana. October 21, 1881.) �L United States Pension Laws— Indictment Undeb Rev. St. { 5485— Motioh TO Quash. �The act of June 20, 1878, (20 St. 243,) entitled "An act relating to claim agents and attomeys in pension cases," does not impliedly repeal the provisions of Rev. St. i 5485, relatmg to the ollence of demanding, receiving, etc., ualaw- ful fees by claim agents in pension cases, and thpse provisions of Kev. St. < 5485, obtain and apply to violations of the act of June 20, 1878. �Motion to Quash. �A . G. Harris and W. H. Calkins, for defendant. �Chas. L. Holstein, U. S. Dist. Atty., and Chas. H. McCarer, Asst. U. S. Atty., for the United States, �Gkesham, D. J. The charge is that on the first day of January, 1880, the defendant demanded ,and received from Keziah A. Davis, for prosecuting her claim for a pension, a greater sum than was allowed by law. The indictment is based upon section 5485 of the Bevised Statutes, which reads : �"Sec. 5485. Any agent or attomey, or any other person instrumental iji prosecuting any claim for pension or bounty land, who shall, directly or indi'- rectly, contract for, demand, or receive, or retain any greater compensation for his services or instrumentality in prosecuting a claim for pension or bQunty land tlian is provided in the title pertaining to pensions, or who shall wiong- fully withhold from a pensioner or claimant the whole or any part of the pension or claim allowed and due such pensioner or claimant, or the land- warrant issued to any such claimant, shall be deemed guilty of a high misde- meanor. * * *" �Section 4785 declares that no agent, attomey, or other person shall demand or receive any other compensation for his services in prosecut- ing a claim for a pension or bounty than such as the commissioner of pensions shall direct to be paid, not exceeding $25. The act of June 20, 1878, (20 St. at Large, 243,) declares that it shall be unlawful for any agent, attomey, or other person to receive for his services in a pension case a greater sum than |10, and expressly repeals section 4785. It is declared in section 5485 that no greater compensation shall be retained or received for prosecuting a claim for pension "than is provided in the title pertaining to pensions," and the defend- ant moves to quash the indictment on the ground that the only com- pensation which is found in the title pertaining to pensions is that in �*Beported by Chas. L. Holstein, United States Attomey. v.8,no.l2— 56 ��� �