Weems v. United States

217 U.S. 349, 30 S. Ct. 544, 54 L. Ed. 793, 1910 U.S. LEXIS 1966
CourtSupreme Court of the United States
DecidedMay 2, 1910
Docket20
StatusPublished
Cited by1,523 cases

This text of 217 U.S. 349 (Weems v. United States) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Weems v. United States, 217 U.S. 349, 30 S. Ct. 544, 54 L. Ed. 793, 1910 U.S. LEXIS 1966 (1910).

Opinions

Mr. Justice McKenna

delivered the opinion of the court.1

This writ of error brings up for review the judgment of the Supreme Court of the Philippine Islands, affirming the conviction of plaintiff in error for falsifying a “public and official document.”

In the “complaint,” by which the prosecution was begun, it was charged that the plaintiff in error, “a duly appointed, qualified and acting disbursing officer of the Bureau of Coast Guard and Transportation of the United States Government of the Philippine Islands,” did, as such, “corruptly and with intent, then and there, to deceive and defraud the United States Government of the Philippine Islands, and its officials, falsify a public and official document, namely, a cash book of the captain of the Board of Manila,' Philippine Islands, and the Bureau of Coast Guard and! Transportation of the United States Government of the Philippine Islands,” kept by him as ' disbursing officer of that bureau. The falsification, which is alleged with much particularity, was committed by entering as paid out, “as wages of employés of the Light House Service [358]*358of the United States Government of the Philippine Islands,” at the Capul light House of. 208 pesos, and for like service at the Matabriga Light House of 408 pesos, Philippine currency. A demurrer was filed to the “ complaint,” which was overruled.

He was convicted, and the following sentence was imposed upon him: “To the penalty of fifteen years of Cadena, together with the accessories of section 56 of the Penal Code, and to pay a fine of four thousand pesetas, but not to serve imprisonment as a subsidiary punishment in case of his insolvency, on account of the nature of the main penalty, and to pay the costs of this cause.”

The judgment and sentence were affirmed by the Supreme Court of the islands.

It is conceded by plaintiff in error that some of the questions presented to the Supreme Court of the Philippine Islands cannot be raised in this court, as the record does not contain the evidence. Indeed, plaintiff in error confines his discussion to one point raised in the court below and .to three other questions, which, though not brought to the attention of the Supreme Court of the islands, and not included in the assignment of errors filed with the application for the writ of error are of such importance, it is said, that this court will consider them under the right reserved in Rule 35.1

[359]*359These qu-^tions which are assigned as error on the argument here are as follows:

“ 1. The court below erred in overruling the demurrer to the complaint, this assignsaen-; being based upon the fact that-in the complaint the plaintiff in error is described as the ‘disbursing officer of the-Pureau of Coast Guard and Transportation of the United States Government of the Philippine Islands/ and the cash qoqk referred so in the complaint is described as a book ‘of the captain.of the port of Manila, Philippine Islands/ whereas there is no such body politic as the ‘United States Government of the 'Philippine Islands.'
“2. The record does not disclose that the plaintiff in error was arraigned, or that he pleaded to the complaint after his demurrer was overruled and he was ‘ordered to plead to the complaint.'
“3. The record does not show that the plaintiff in error was present when he was tried, or, indeed, that he was present in court at any time.
“4. The punishment of fifteen-years2 imprisonment was a cruel and unusual punishment, and, to the. extent of the sentence, the judgment oelow should be reversed on this ground.”

The second assignment of error was based upon a misapprehension of the fact, and has been abandoned.

The argument to support the first assignment of érror is based upon certain acts of Congress and certain acts of the Philippine Commission in which the Government of the United States and the government of the Islands are distinguished. [360]*360And it is urged that in one of the acts (§ 3396 of the acts of the commission) it is recognized that there may be allegiance to or ■ treason against both or “either of them,” and (§ 3397) that there may be “rebellion or insurrection against the authority” of either, and (§ 3398) that there may be a conspiracy to overthrow either or to “ prevent, hinder or delay the execution of any law of either.” Other sections are cited, in which, it is contended, that the insular government is spoken of as an “entity,” and distinguished from that of the United States. Section 1366, which defines the duty, of the Attorney General, it is pointed out, especially distinguishes between “causes, civil or criminal, to which the United States or any officer thereof in his official .capacity is a party,” and causes, civil or criminal, to which the “ government of the Philippine Islands or any officer thereof in his official capacity is a party.” And still more .decisively, it is urged, by subdivision “C” of § 1366, in Which it is recognized that the cause of action may be for money, and that the judgment maybe for money “belonging to the Government of the United States, that of the Philippine Islands or some other province.” It is, therefore, contended that, the Government of the 'United States and that of the Philippine Islands are, distinct legal entities, and that there may be civil obligations to one and not to the other, that there may be governmental liability to the one and not to'the other, and that proceedings, civil or criminal, against either must recognize the distinction to be sufficient to justify a judgment. To apply these principles, let us see what the information charges. It describes'Weems, plaintiff in error, as “a pfiblic official of. the United States Government of the Philippine Islands, to wit) a duly appointed and qualified acting disbursing official of the Bureau of Coast Guard and Transportation' of. the United States Government of the Philippine Islands,” and' it- is charged that by taking advantage of his official position to intend to “deceive and defraud the United States Government of the Philippine Islands,” he falsified a public and official document. In the same manner the Gov[361]*361ernment is designated throughout the information. It is contended that “there is no such body politic as the ‘United States Government of the Philippine Islands/” and, it is urged, that the objection does not relate to a matter of form. “It is as substantial,” it is said, as the point involved in Car-rington’s Case, 208 U. S. 1, where a military officer of the United States was prosecuted as a civil officer of the government of the Philippines. . His conviction was reversed, this court holding that, “as a soldier, he was not an official of the Philippines but of the United States.”

It is true that the distinctions raised are expressed in the statutes, and necessarily so. It would be difficult otherwise to provide for government where there is a paramount authority making use of subordinate instrumentalities. We have examples in the States of the Union and their lesser municipal divisions, and rights may flow from and to such lesser divisions. And the distinction in the Philippine statutes means no more than that, and, conforming to that, a distinction is clearly made in the information..

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Bluebook (online)
217 U.S. 349, 30 S. Ct. 544, 54 L. Ed. 793, 1910 U.S. LEXIS 1966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weems-v-united-states-scotus-1910.