United States v. Williams

Not specified
Decided District Court, N.D. California
Disposition
affirmed in part
in part scope
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Court
District Court, N.D. California
Decided
Judge
MORROW, District Judge
Posture
Defendant found guilty on two indictments, each with two counts
Defendant (1)
Richard S. Williams
Geo. S. Collins
v.
Prosecution (1)
United States
Barclay Henley, Special Atty., Bert Schlessinger, Asst. U.S. Dist. Atty.

Overview

Motion in arrest of judgment denied as to first counts of both indictments; granted as to second counts, arresting judgment thereon.

Case summary

In United States v. Williams, the District Court for Northern California considered a motion in arrest of judgment after defendant Richard S. Williams, a Chinese inspector at San Francisco port, was found guilty on two indictments charging him with demanding/receiving illegal fees. The court held that Williams, appointed under customs laws but enforcing Chinese exclusion laws, was covered by Rev. St. § 3169 and the Act of Feb. 8, 1875, making him indictable as a revenue officer. However, the court arrested judgment on the second counts of both indictments because they charged receipt of fees 'under color of office' rather than 'for performance of any duty' as required by statute. The court also noted that substituting 'willfully and corruptly' for statutory 'knowingly' created uncertainty. The motion was denied as to the first counts.

Abstract

The court denied a motion in arrest of judgment on first counts charging a port inspector with demanding and receiving illegal fees, holding that he qualified as a revenue officer under applicable laws. Judgment was arrested on second counts because they alleged receipt of fees under color of office rather than for performance of any duty as statutorily required. The court also noted uncertainty from substituting willful and corrupt conduct for the statutory knowing standard.

Opinion of the court

Majority
opinion
MORROW, District Judge
  • Chinese inspectors appointed under customs laws are covered by revenue officer statutes
  • Indictments must follow statutory language precisely for essential elements
  • 'Under color of office' is not equivalent to 'performance of any duty'

Jurisdiction

not challenged
Subject matter
Federal criminal prosecution under U.S. statutes
Jurisdictional facts
  • Defendant was a federal officer appointed under customs laws
  • Indictments based on federal statutes (Rev. St. § 3169 and Act of Feb. 8, 1875)

Procedural posture

Posture at trial
Defendant found guilty on two indictments, each with two counts
Posture on appeal
Motion in arrest of judgment heard by trial court
Preserved issues
  • Sufficiency of indictments under statutes
  • Whether defendant was covered by relevant statutes
  • Adequacy of charging language

Legal categories

Criminal

Case record

Full case name
UNITED STATES v. WILLIAMS
Docket number
Not specified
Court
District Court, N.D. California
Trial court
District Court, N.D. California
Trial court judge
MORROW, District Judge
Decided
Opinion author
MORROW, District Judge
Opinion type
published
Precedential status
persuasive
Judges on panel
MORROW, District Judge

Issues & holdings

3
Issues raised
2
affirmed
1
reversed
3
Holdings
Standard of review

de novo

Disposition rationale

Defendant was appointed under customs laws and acting officially, bringing him within statute's coverage

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Indictment omitted statutory requirement of 'performance of any duty' and substituted different language

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

Substitution moves toward uncertainty rather than precision, though possibly equivalent

Preservation

Issue preserved for review

Holdings of the court

Coverage of Chinese inspectors under revenue officer statutes
A person appointed as inspector under customs laws but designated as Chinese inspector falls within Act of Feb. 8, 1875 and is indictable under Rev. St. § 3169
Defendant was appointed under customs laws (Rev. St. § 2606) and acting officially under Chinese exclusion laws, which Congress placed under treasury department enforcement; statute covers all persons appointed under customs laws when acting officially
unanimousnon-binding
Sufficiency of indictment language under Rev. St. § 3169
Second counts insufficient for charging receipt of fee 'under color of office' instead of 'for performance of any duty'
Statute requires allegation that fee was received 'for performance of any duty'; 'under color of office' describes different concept (pretense of right without actual right)
unanimousnon-binding
Use of 'willfully and corruptly' versus 'knowingly'
Substitution moves toward uncertainty rather than precision
'Knowingly' has technical meaning in criminal statutes; equivalent language may suffice but omission creates uncertainty
unanimousnon-binding

Error analysis

  • Indictment failed to charge offense by omitting 'for performance of any duty' from second counts — procedural · error foundNot analyzed as error required arrest of judgment · not harmless
  • Use of 'willfully and corruptly' instead of statutory 'knowingly' — procedural · error foundCreated uncertainty in charging language · not harmless

Statutory interpretation

3
Statute
Rev. St. § 3169
Question
Whether covers officers receiving illegal fees 'for performance of any duty'
Court's reading
Requires allegation that fee was for performance of duty, not merely under color of office
Canons applied
Plain meaningTechnical statutory interpretation
Statute
Act of Feb. 8, 1875, § 23 (18 Stat. 307)
Question
Whether extends punishment provisions to persons appointed under customs laws acting officially
Court's reading
Covers all persons appointed under customs laws when designated or acting as officers, regardless of whether duties are strictly revenue-related
Canons applied
Broad application to achieve congressional purpose
Statute
Rev. St. § 2606
Question
Authority for appointing inspectors at ports
Court's reading
Provides for appointment of inspectors under customs laws
Canons applied
Plain meaning

Standards of review

  • Sufficiency of indictments under statutes — de novo Legal interpretation of statutes and indictment requirements reviewed de novo

Timeline

rulingcited in opinion

Court issued opinion on motion in arrest of judgment, denying motion as to first counts but arresting judgment on second counts

Outcome: Partial grant of motion - judgment arrested on second counts, denied on first counts

Determined legal sufficiency of indictments under relevant statutes

Statutory coverage of Chinese inspectorsAdequacy of indictment language
MORROW, District Judge · Richard S. Williams · United States attorneys trial court

Facts & evidence

Incident

Location
Port of San Francisco

Key facts

4 facts
  1. Defendant Richard S. Williams was a Chinese inspector at San Francisco port
  2. He was appointed under customs laws but enforced Chinese exclusion laws
  3. Charged with demanding/receiving $85 from Chan Ying for services related to Chin Shee Hong's landing application
  4. Money was allegedly received as illegal fee/compensation for official services

Procedural history

2 steps
  1. Defendant found guilty on two indictments (four total counts)
  2. Defendant filed motion in arrest of judgment challenging sufficiency of indictments

Evidence in the record

Testimonial
  • Testimony regarding defendant's demand and receipt of $85 from Chan Ying
Documentary
  • Indictments charging violations
  • Statutes cited as basis for prosecution
Challenged
  • Evidence type: Indictment language · Challenge basis: Failure to allege statutory elements · Trial court ruling: partially admitted · Reasoning: Second counts insufficient for omitting 'performance of any duty' requirement · Challenged on appeal: true · Appellate outcome: reversed

Authorities

Cited authorities (4)

Nishimura Ekiu v. U.S., 142 U.S. 651
appliedprecedent
Cited for proposition that Congress commits immigration enforcement to treasury department officers
Hooper v. Casks of Brandy, 2 Ware, 371, Fed. Cas. No. 6,674
appliedprecedent
Cited for proposition that inspector of customs is a public officer
Evans v. U.S., 153 U.S. 584
appliedprecedent
Cited for rule that indictment allegations must be broader than statutory words for precision
Burrall v. Acker, 23 Wend. 608
appliedprecedent
Cited for definition of 'under color of office' as pretense of official right without actual right

Statutes

  • Rev. St. § 3169
  • Act of Feb. 8, 1875, § 23
  • Rev. St. § 2606
  • Act of May 6, 1882 (Chinese Exclusion Act)

Standards & doctrines

  • De novo review of indictment sufficiency
  • Rule requiring indictment precision beyond statutory words

Legal principles applied

  • Indictments must allege all statutory elements with precision
  • Persons appointed under customs laws acting officially are covered by revenue officer penalties
Index terms51
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Procedural terms
Entities and documentation
Legal actions
Action type
affirmed in part
Target
trial court judgment on first counts
Appealed from
Motion in arrest of judgment
Context
Court denied motion as to first counts, affirming they sufficiently charge offense under statutes
Scope
in part
Action type
reversed in part
Target
trial court judgment on second counts
Appealed from
Motion in arrest of judgment
Context
Court granted motion as to second counts, arresting judgment due to insufficient charging language
Scope
in part
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