INCREASING THE PENALTIES PROVIDED FOR OFFENSES · AGAINST THE CURRENCY OF FOREIGN COUNTRIES

JUNE 2, 1930.-Referred to the House Calendar and ordered to be printed

Mr. GRAHAM, from the Committee on the Judiciary, submitted the following

REPORT

[To accompany H. R. 12397]

The Committee on the Judiciary, to whom was referred the bill H. R. 12397, after consideration, reports the same favorably with amendments and recommends that the bill as amended do pass.

The committee amendments are as follows:

Strike out all after the enacting clause and insert in lieu thereof the following:

That sections 156, 157, 158, 159, 160, 161, and 170 of the Criminal Code, as amended (U. S. C., title 18, secs. 270,271,272, 273,274, 275, and 284), respectively, be, and the same are hereby, amended to read as follows:

"SEC. 156 (U. S. C., title 18, sec. 270). Whoever, within the United States or any place subject to the jurisdiction thereof, with intent to defraud, shall falsely make, alter, forge, or counterfeit any bond, certificate, obligation, or other security in imitation of, or purporting to be an imitation of, any bond, certificate, obligation, or other security of any foreign government, issued or put forth under the authority of such foreign government, or any treasury note, bill, or promise to pay issued by such foreign government, and intended to circulate as money, either by law, order, or decree of such foreign government; or whoever shall cause or procure to be so falsely made, altered, forged, or counterfeited, or shall knowingly aid or assist in making, altering, forging, or counterfeiting, any such bond, certificate, obligation, or other security, or any such treasury note, bill, or promise to pay, intended as aforesaid to circulate as money, shall be fined not more than $5,000 and imprisoned not more than fifteen years.

"SEC 157. (U. S. C., title 18, sec. 271). Whoever, within the United States or any place subject to the jurisdiction thereof, knowingly and with intent to defraud, shall utter, pass, or put off, in payment or negotiation, any false, forged, or counterfeited bond, certificate, obligation, security, treasury note, bill, or promise to pay, mentioned in section 270 of this title, whether the same was made, altered, forged, or counterfeited within the United States or not, shall be fined not more than $5,000 and imprisoned not more than fifteen years.

"SEC. 158 (U. S. C., title 18, sec. 272). Whoever, within the United States or any place subject to the jurisdiction thereof with intent to defraud, shall falsely make, alter, forge, or counterfeit, or cause or procure to be so falsely made, altered, forged, or counterfeited, or shall knowingly aid and assist in the

false making, altering, forging, or counterfeiting of any bank note or bill issued by a bank or corporation of any foreign country, and intended by the law or usage of such foreign country to circulate as money, such bank or corporation being authorized by the laws of such country, shall be fined not more than $1,000 and imprisoned not more than fifteen years.

"SEC. 159 (U. S. C., title 18, sec. 273). Whoever, within the United States or any place subject to the jurisdiction thereof, shall utter, pass, put off, or tender in payment, with intent to defraud, any such false, forged, altered, or counterfeited bank note or bill, mentioned in section 272 of this title, knowing the same to be so false, forged, altered, and counterfeited, whether the same was made, forged, altered, or counterfeited within the United States or not, shall be fined not more than $1,000 and imprisoned not more than fifteen years.

"SEC. 160 (U. S. C., title 18, sec. 274). Whoever, within the United States or any place subject to the jurisdiction thereof, shall have in his possession any false, forged, or counterfeited bond, certificate, obligation, security, treasury note, bill, promise to pay, bank note, or bill issued by a bank or corporation of any foreign country, with intent to utter, pass, or put off the same, or to deliver the same to any other person with intent that the same may thereafter be uttered, passed, or put off as true, or shall knowingly deliver the same to any other person with such intent, shall be fined not more than $5,000 and imprisoned not more than fifteen years.

"SEC. 161 (U. S. C., title 18, sec. 275). Whoever, within the United States or any place subject to the jurisdiction thereof, except by lawful authority, shall have control, custody, or possession or any plate, stone, or other thing, or any part thereof, from which has been printed or may be printed any counterfeit note, bond, obligation, or other security, in whole or in part, of any foreign government, bank, or corporation, or shall use such plate, stone, or other thing, or knowingly permit or suffer the same to be used in counterfeiting such foreign obligations, or any part thereof; or whoever shall make or engrave, or cause or procure to be made or engraved, or shall assist in making or engraving, any plate, stone, or other thing in the likeness or similitude of any plate, stone, or other thing designated for the printing of the genuine issues of the obligations of any foreign government, bank, or corporation; or whoever shall print, photograph, or in any other manner make, execute, or sell, or cause to be printed, photographed, made, executed, or sold, or shall aid in printing, photographing, making, executing, or selling, any engraving, photograph, print, or impression in the likeness of any genuine note, bond, obligation, or other security, or any part thereof, of any foreign government, bank, or corporation; or whoever shall bring into the United States or any place subject to the jurisdiction thereof any couterfeit plate, stone, or other thing, or engraving, photograph, print, or other impressions of the notes, bonds, obligations, or other securities of any foreign government, bark, or corporation, shall be fined not more than $5,000, or imprisoned not more than fifteen years, or both.

"SEC. 170 (U. S. C., title 18, sec. 284). Whoever, within the United States or any place subject to the jurisdiction thereof, without lawful authority, shall make, or cause or procure to be made, or shall willingly aid or assist in making, any die, hub, or mold, or any part thereof, either of steel or of plaster, or of any other substance whatsoever, in the likeness or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining of the genuine coin of any foreign government; or whoever, without lawful authority, shall have in his possession any such die, hub, or mold, or any part thereof, or shall conceal, or knowingly suffer the same to be used for the counterfeiting of any foreign coin, shall be fined not more than $5,000 and imprisoned not more than ten years.

SEC. 2. As used in this act, the term "Criminal Code" means the act entitled 'An act to codify, revise, and amend the penal laws of the United States," approved March 4, 1909, as amended.

Amend the title so as to read:

To amend sections 156, 157, 158, 159, 160, 161, and 170 of the Criminal Code, as amended.

This bill is recommended by the Secretary of the Treasury to carry out the provisions of article 5 of a convention, adopted at a conference at Geneva, Switzerland, in April, 1929, for the suppression of counterfeiting currency. The bill merely increases "the penalties provided

in the Criminal Code for offenses against the currency of foreign countries to conform to the penalties provided therein for offenses against the currency of the United States."

The communication from the Secretary of the Treasury is printed herewith and made a part of this report.

TREASURY Department,
Washington, May 2, 1930.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES. SIR: I have the honor to transmit herewith for consideration by the Congress a draft of proposed legislation to amend the act approved March 4, 1909, entitled "An act to codify, revise, and amend the penal laws of the United States," more generally known as the Criminal Code.

This legislation is proposed for the purpose of cooperation with foreign countries in the suppression of counterfeiting currency by increasing the penalties provided in the Criminal Code for offenses against the currency of foreign countries to conform to the penalties provided therein for offenses against the currency of the United States.

The increases in penalties for offenses against foreign currency are proposed in accordance with article 5 of a convention adopted at a conference at Geneva, Switzerland, in April, 1929, for the suppression of counterfeiting currency, which is as follows:

"No distinction should be made in the scale of punishments for offenses referred to in article 3 between acts relating to domestic currency on the one hand and to foreign currency on the other; this provision may not be made subject to any condition of reciprocal treatment by law or by treaty."

This conference was attended by a delegation from the United States, and the convention adopted at the conference was later signed on behalf of the United States by the United States minister at Berne.

The Treasury Department urges, therefore, that favorable consideration be given by the Congress to the proposed legislation.

Respectfully,

A. W. MELLON, Secretary of the Treasury.

In accordance with the rule there is printed copy of the existing law showing the new language proposed to be inserted by the bill in italics.

SEC. 156. Whoever, within the United States or any place subject to the jurisdiction thereof, with intent to defraud, shall falsely make, alter, forge, or counterfeit any bond, certificate, obligation, or other security in imitation of, or purporting to be an imitation of, any bond, certificate, obligation, or other security of any foreign government, issued or put forth under the authority of such foreign government, or any treasury note, bill, or promise to pay issued by such foreign government, and intended to circulate as money, either by law, order, or decree of such foreign government; or whoever shall cause or procure to be so falsely made, altered, forged, or counterfeited, or shall knowingly aid or assist in making, altering, forging, or counterfeiting, any such bond, certificate, obligation, or other security, or any such treasury note, bill, or promise to pay, intended as aforesaid to circulate as money, shall be fined not more than $5,000 and imprisoned not more than [five] fifteen years.

SEC. 157. Whoever, within the United States or any place subject to the jurisdiction thereof, knowingly and with intent to defraud, shall utter, pass, or put off, in payment or negotiation, any false, forged, or counterfeit bond, certificate, obligation, security, treasury note, bill, or promise to pay, mentioned in section 270 of this title, whether the same was made, altered, forged, or counterfeited within the United States or not, shall be fined not more than [$3,000] $5,000 and imprisoned not more than [three] fifteen years.

SEC. 158. Whoever, within the United States or any place subject to the jurisdiction thereof, with intent to defraud, shall falsely make, alter, forge, or counterfeit, or cause or procure to be so falsely made, altered, forged, or counterfeited, or shall knowingly aid and assist in the false making, altering, forging, or counterfeiting of any bank note or bill issued by a bank or corporation of any foreign

country, and intended by the law or usage of such foreign country to circulate as money, such bank or corporation being authorized by the laws of such country, shall be fined not more than [$2,000] $1,000 and imprisoned not more than [two] fifteen years.

SEC. 159. Whoever, within the United States or any place subject to the jurisdiction thereof, shall itter, pass, put off, or tender in payment, with intent to defraud, any such false, forged, altered, or counterfeited bank note or bill, mentioned in section 272 of this title, knowing the same to be so false, forged, altered, and counterfeited, whether the same was made, forged, altered, or counterfeited within the United States or not, shall be fined not more than $1,000 and imprisoned not more than [one year] fifteen years.

SEC. 160. Whoever, within the United States or any place subject to the jurisdiction thereof, shall have in his possession any false, forged, or counterfeit bond, certificate, obligation, security, treasury note, bill, promise to pay, bank note, or bill issued by a bank or corporation of any foreign country, with intent to utter, pass, or put off the same, or to deliver the same to any other person with intent that the same may thereafter be uttered, passed, or put off as true, or shall knowingly deliver the same to any other person with such intent, shall be fined not more than [$1,000] $5,000 and imprisoned not more than [one year] fifteen years.

SEC. 161. Whoever, within the United States or any place subject to the jurisdiction thereof, except by lawful authority, shall have control, custody, or possession of any plate, stone, or other thing, or any part thereof, from which has been printed or may be printed any counterfeit note, bond, obligation, or other security, in whole or in part, of any foreign government, bank, or corporation, or shall use such plate, stone. or other thing, or knowingly permit or suffer the same to be used in counterfeiting such foreign obligations, or any part thereof; or whoever shall make or engrave, or cause or procure to be made or engraved, or shall assist in making or engraving, any plate, stone, or other thing in the likeness or similitude of any plate, stone, or other thing designated for the printing of the genuine issues of the obligations of any foreign government, bank, or corporation; or whoever shall print, photograph, or in any other manner make, execute. or sell, or cause to be printed, photographed, made, executed, or sold, or shall aid in printing, photographing, making, executing, or selling, any engraving, photograph, print, or impression in the likeness of any genuine note, bond, obligation, or other security, or any part thereof, of any foreign government, bank, or corporation; or whoever shall bring into the United States or any place subject to the jurisdiction thereof any counterfeit plate, stone, or other thing, or engraving, photograph, print, or other impressions of the notes, bonds, obligations, or other securities of any foreign government, bank, or corporation, shall be fined not more than $5,000, or imprisoned not more than [five] fifteen years, or both.

SEC. 170. Whoever, within the United States or any place subject to the jurisdiction thereof, without lawful authority, shall make, or cause or procure to be made, or shall willingly aid or assist in making, any die, hub, or mold, or any part thereof, either of steel or of plaster, or of any other substance whatsoever, in the likeness or similitude, as to the design or the inscription thereon, of any die, hub, or mold designated for the coining of the genuine coin of any foreign government; or whoever, without lawful authority, shall have in his possession any such die, hub, or mold, or any part thereof, or shall conceal, or knowingly suffer the same to be used for the counterfeiting of any foreign coin, shall be fined not more than [$2,000, or] $5,000 and imprisoned not more than [five] ten years [or both].

AUTHORIZING COMMISSIONERS OR MEMBERS OF INTERNATIONAL TRIBUNALS TO ADMINISTER OATHS. SUBPOENA WITNESSES, AND RECORDS, ETC.

JUNE 2. 1930.-Referred to the House Calendar and ordered to be printed

Mr. GRAHAM, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany S. 28281

The Committee on the Judiciary, to whom was referred the bill S. 2828, after consideration, reports the same favorably and recommends that the bill do pass.

This bill is recommended by the Secretary of State and its purpose is fully set forth in the following communication addressed to the chairman of the committee under date of December 20, 1929, which is printed herewith and made a part of this report:

Hon. GEORGE S. GRAHAM,
Chairman Judiciary Committee,

House of Representatives.

DEPARTMENT OF STATE, Washington, December 20, 1929.

SIR: I have the honor to advise you that the American and Canadian officers who are in charge of the arbitration of the I'm Alone case consider it desirable to arrange for the oral examination of witnesses before the tribunal, in order that their credibility as witnesses may be taken into account. This proposal has been approved. I am advised, however, that the arbitrators are not given authority under present laws to administer oaths and that it is doubtful whether persons testifying before the tribunal could be convicted of perjury if they should make false statements.

It also seems desirable to give the tribunal authority to summon witnesses and to punish contempts committed before it, such as refusal to answer questions or to appear in response to subpoenas. It also seems advisable to authorize the tribunal to appoint commissioners to take testimony of witnesses at distant places on its behalf.

In order to meet the situation a draft bill has been prepared dealing with these matters. I inclose a copy of it for your consideration. As occasions doubtless will arise in the future when it will be desirable to adopt a similar course of procedure in other arbitration cases, the language of the draft bill has been made general, so that its provisions may be made use of in subsequent arbitral proceedings to which the United States is a party.