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284840265
label
White House Press Release
core
doc
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document
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id
284840265
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document
title
White House Press Release
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White House Press Release Files (Truman Administration)
White House Press Releases
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284840265
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6
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1947-08-06
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8
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1947
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453fd9d8cdf581fa
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318
#1270
IMMEDIATE RELEASE
AUGUST 6, 1947
MEMORANDUM OF DISAPPROVAL
1810) "To amend the Criminal Code and certain other legislation to
I return herewith, without my approval, the enrolled bill (H.R.
ants against the United States."
part-time referees in bankruptcy to act as agents or attorneys for permit claim-
from the provisions of sections 109 and 113 of the Criminal Code (18 U.S.C.
The bill, inter alia, exempts part-time referees in bankruptcy
198, 203).
officer the United States, or a person holding any place of trust
of Section 109 of the Criminal Code provides that whoever, being an
profit, or discharging any official function under, or in connection or
the any Senate executive department of the Government of the United States, or under with
tuity prosecuting in any claim against the United States, or receive
for or House of Representatives, shall act as an agent or attorney
than a claim, shall be fined not more than $5,000, or imprisoned not more of
such consideration of having aided or assisted in the prosecution any gra-
one year, or both.
NARA
not ing a person any governmental department or bureau shall represent-
employee United States who receivos any compensation for or
Section 113 of the Criminal Code provides that any officer
of the before be fined
thereafter more than $10,000 and imprisoned not more than two years, and shall
under the be barred from holding any office of honor, trust, or profit
Government of the United States.
their any, officials who would intentionally abuse the privilegos and few, if of
Although it is believed that there would be relatively
considered positions, the foregoing provisions of the Criminal Code have powers been
through desirable as a deterrent to those few who might carelessly
the temptation besmirch the integrity of, and consequently undermine or
servo public's respect for and confidence in, the Government. They also
to discourage any undue influence which a government officer
ployed of might the exert, intentionally or not, in representing a client before or em-
any representation various government departments, regardless of how remotely such
sanction Insummary, the provisions are an assurance that the Government will not
may relate to the official duties of the officer or employee.
ces! either the practice or the appearance of officials! or
passed thereby.
taking improper advantage of their positions in the situations employ- encom-
were intended to apply to any particular group or class of
It does not appear that sections 109 and 113 of the Criminal Code
personnel, thoir but to all officers and employees in general who government come within
provisions. There are doubtless many government officials
of employees law, who would feel justified in seeking exemption from these and provisions
narrowed in bankruptcy. If, however, the scope of the sections by
time referees on grounds as substantial as those which may be advanced part-
certain by amendments to the point where there is an inference that only is
others designated groups of officials are above error or reproach while
criminatory and embarrassing.
are not, the statutes may become less effective, as well as dis-
my approval from the bill.
It is for the foregoing reasons that I am constrained to withhold
HARRY S. TRUMAN
THE WHITE HOUSE
August 6, 1947.