United States v. Wurzbach, 280 U.S. 396 (1930)

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United states v. Wurzbach

No. 66

Argued January 20, 1930
Decided February 24, 1930
280 U.S. 396

APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES

FOR THE WESTERN DISTRICT OF TEXAS

Syllabus

1. A representative in Congress who receives or is concerned in receiving money from officers and employees of the United States for the political purpose of promoting his nomination at a party primary, as a candidate for reelection, is guilty of the offense defined by § 312 of the federal Corrupt Practices Act. U.S.C. Title 18, § 208. P. 398.

2. Congress may provide that officers and employees of the United States neither shall exercise nor be subjected to pressure for money for political purposes, upon or by others of their kind. while they retain their office or employment. Id.

3. Neither the Constitution nor the nature of the abuse to be checked requires that the words of the Act be confined to political purposes within the control of the United States. P. 399.

4. A representative in Congress, being of a class specifically named in the statute, has no standing to object to it as being too uncertain in defining other classes to which it applies. P. 399.

5. The term "political purpose" is not so vague as to render the statute invalid. Id.

6. The objection that the statute leaves uncertain which of several sections imposes the penalty, and therefore uncertain what the punishment is, can be raised when a punishment is to be applied, and need not be answered upon an appeal from a judgment quashing the indictment. Id.

31 F.2d 774 reversed.

Appeal from a judgment of the district court quashing an indictment.