1st Session No. 580 COUNTERFEIT POSTMARKING STAMPS APRIL 3, 1935.-Referred to the House Calendar and ordered to be printed Mr. ASHBROOK, from the Committee on the Post Office and Post Roads, submitted the following REPORT [To accompany H. R. 5049] The Committee on the Post Office and Post Roads, having had under consideration the bill (H. R. 5049) providing punishment for forging or counterfeiting any postmarking stamp, report the same back to the House with the following amendments: In line 4, after "stamp," insert "or impression thereof with intent to make it appear that such impression is a genuine postmark,”. In line 5, after "any" strike out the word "such In line 6, at the end of the line after "engraving," insert "or such impression thereof,". So amended, the committee recommends that the bill do pass. At present there is no law providing punishment for forging or counterfeiting postmarking stamps and an increasing necessity therefor has been demonstrated in the experience of the Department. Hearings were held by your committee at which representatives of the Post Office Department pointed out the need of safeguarding the postmarking stamps used by postmasters in canceling stamps on letters, which have considerable legal significance under certain circumstances. Attention was also called to the increasing interest in philatelic matters and the importance attached to cachets on envelops, the committee being informed that it is a simple matter to counterfeit the cachets and difficult to distinguish the imitation from the genuine. The bill provides punishment for such offenses to the extent of a fine of not more than $1,000 or imprisonment of not more than 5 years, or both. The committee, after consultation with the Post Office Department, suggests that the bill be extended so as to include impressions of postmarking stamps as well. This proposed legislation meets with the approval of the Post Office Department. The Postmaster General's report reads as follows: Hon. JAMES M. MEAD, POST OFFICE DEPARTMENT, Chairman Committee on the Post Office and Post Roads, House of Representatives. MY DEAR MR. MEAD: The receipt is acknowledged of your letter of the 16th instant, requesting a report on H. R. 5049, a bill providing punishment for forging or counterfeiting any postmarking stamp. At present there is no law providing punishment for forging or counterfeiting postmarking stamps, and that increasing necessity therefor has been demonstrated in the experience of the Department. Very truly yours, JAMES A. FARLEY, FRAUDULENT INTERCEPTION OF MAIL MATTER APRIL 3, 1935.-Referred to the House Calendar and ordered to be printed Mr. ASHBROOK, from the Committee on the Post Office and Post Roads, submitted the following REPORT [To accompany H. R. 5162] The Committee on the Post Office and Post Roads, having had under consideration the bill (H. R. 5162) providing for punishment for attempts to obtain mail by fraud or by deception, reports the same back to the House with the following amendment: In line 11, after "mail" insert a comma. So amended, the committee recommends that the bill do pass. The law provides a fine of not more than $2,000, or imprisonment of not more than 5 years, or both, as punishment in cases where mail is obtained by fraud or deception, but does not cover attempts to obtain the mail. It is believed that an attempt to obtain mail by fraud or deception should carry the same punishment as if mail was actually obtained, and your committee therefore recommends the enactment of the pending legislation. The amendment suggested by the committee is merely to clarify the bill. Following is the Post Office Department's report on the measure: OFFICE OF THE POSTMASTER GENERAL, February 20, 1935. Hon. JAMES M. MEAD, Chairman Committee on the Post Office and Post Roads, House of Representatives. MY DEAR MR. MEAD: The receipt is acknowledged of your letter of the 16th instant, requesting a report on H. R. 5162, a bill providing for punishment for attempts to obtain mail by fraud or by deception. The Department is receiving an increasing number of complaints of attempts to intercept mail matter by filing of a forged or otherwise false forwarding order. Under existing law no violation is committed unless mail is actually obtained, even though it is diverted from its regular channels and delayed in reaching the addressee. It is believed that an attempt to obtain mail by fraud or deception should carry the same punishment as if mail was actually obtained. Very truly yours, JAMES A. FARLEY, Postmaster General. Comparison between existing law and the proposed legislation (existing law (18 U. S. C. 317) with the new matter inserted by the pending bill (H. R. 5162) indicated by italics): Whoever shall steal, take, or abstract, or by fraud or deception obtain or attempt so to obtain from or out of any mail, post office or station thereof, or other authorized depository for mail matter, or from a letter or mail carrier, any letter, postal card, package, bag, or mail, or shall abstract or remove from any such letter, package, bag, or mail, any article or thing contained therein, or shall secrete, embezzle, or destroy any such letter, postal card, package, bag, or mail, or any article or thing contained therein; SAFEGUARDING CUSTODIANS OF GOVERNMENT APRIL 3, 1935.-Referred to the House Calendar and ordered to be printed Mr. ASHBROOK, from the Committee on the Post Office and Post Roads, submitted the following REPORT [To accompany H. R. 5360] The Committee on the Post Office and Post Roads, having had under consideration the bill (H. R. 5360) providing for punishment for the crime of robbing or attempting to rob custodians of Government moneys or property, report the same back to the House with the following amendments: Page 1, line 6, after the word "matter" strike out the comma and insert the words "or of any ". Page 1, line 6, after the word "money" strike out the comma. Page 2, line 3, before the word "mail," strike out "the" and insert "such" in lieu thereof. So amended the committee recommends that the bill do pass. The purpose of the pending bill is to bring within the provisions of the Penal Code the crime of robbing or attempting to rob custodians of Government moneys. The need for this legislation is fully set forth in the following letter from the Post Office Department: Hon. JAMES M. MEAD, POST OFFICE DEPARTMENT, Chairman Committee on the Post Office and Post Roads, My Dear Mr. MEAD: The receipt is acknowledged of your letter of the 16th instant, requesting a report on H. R. 5360, a bill providing for punishment for the crime of robbing or attempting to rob custodians of Government moneys or property. Assaults upon custodians of mail matter are punishable under section 197 of the Federal Penal Code (18 U. S. C. 320), which provides a penalty of 25 years' imprisonment if the custodian is wounded or his life is put in jeopardy by the use of a dangerous weapon. If the person assaulted is a custodian of Government funds (not mail) the maximum punishment that can be imposed is imprisonment H. Repts., 74-1, vol. 2-5 |