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UNITED STATES V. BENECKE, 98 U. S. 447 (1878)

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U.S. Supreme Court

United States v. Benecke, 98 U.S. 447 (1878)

United States v. Benecke

98 U.S. 447

Syllabus

1. An indictment against A., found Sept. 11, 1875, charged that in March, 1868, he, as agent and attorney of B. and C., did withhold, and continued thereafter to withhold from them, certain money which he, as their agent and attorney, had received from the United States by the collection of their respective claims for "pay and bounty" and "arrears of pay and bounty."

Held: 1. That the acts charged are not an offense under Sec. 13 of the Act of July 4, 1864, 13 Stat. 389; 2. That sec. 31 of the Act of March 3, 1873, 17 id. 575, Rev.Stat., sec. 5485, was not intended to apply to a case where the money had been withheld before its passage.

2. The word "claimant" in said sec. 13 means a person who, under the Act of July 4, 1864, has a claim before the pension office.

The facts are stated in the opinion of the Court.





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