decision, judgment, or opinion in any case, claim, demand, or proceeding before any court, judicial officer, executive officer, or officer of the United States of America; in which judgment, order, decision, opinion, or allowance there shall appear any false statement or statements, material to the honest and impartial administration of justice, of equity, or of law, in any such particular case, claim, demand, or proceeding; or which judgment, order, decision, opinion, or allowance is knowingly or designedly based or founded, or pretended to be based or founded, upon any false assumption, statement, or averment of facts or circumstances, material to the just, legal, or equitable decision of any such case, proceeding, claim, demand, or allowance, or material to the impartial administration of justice, of law, of equity, or of official action, prerogative, or power; then, in every such case, each justice, chief justice, judge, judicial officer, executive officer, or officer of any description, holding or exercising any function or power, judicial, executive, or otherwise, under the United States, shall be deemed guilty of a violation of his oath of office, of perjury, and of a high crime and misdemeanor against the United States of America.

Sect. 2. Any justice, chief justice, judge, or other officer referred to in the first section of this act, who shall knowingly or designedly violate his oath of office, or designedly refuse to do manifest justice or equity in any case or proceeding referred to in said first section of this act, shall be deemed guilty of perjury, and of a ́high crime and misdemeanor against the United States of America.

Sect. 3. Any justice, chief justice, judge, or other officer referred to in the first section of this act, who may ignorantly violate the provisions of the first or second sections of this act, shall not be subject to conviction or punishment for such violation of either or any of the provisions of the said first or second sections of this act, unless he shall adhere to a judgment, decision, order, or opinion already assented to or delivered by him in any case, claim, demand, or proceeding, containing or founded upon any false statement or statements, material to the proper or just decision of, or judgment, order, or allowance in any such case or proceeding, or material to the impartial administration of justice, of law, of equity, or of official prerogative or judgment in any such particular case or proceeding, after his attention has been directly called, in a printed address served upon him in such case, to the particular false statement or statements contained in any such opinion, judgment, order, or decision in any such motion, case, hearing, trial, or proceeding referred to in the first section of this act; in which case any such justice, chief justice, judge, or officer referred to in said first section of this act shall be deemed guilty of perjury, and of a high crime and misdemeanor against the United States of America.

Sect. 4. Any justice, chief justice, judge, or other judicial officer or person referred to in the first section of this act, who shall assent to, or announce or deliver any order, opinion, or decision of any court or tribunal, inflicting any fine or imprisonment, or disbarring or disabling any attorney, solicitor, proctor, or counsellor of any Federal court for a contempt of such court, or

other alleged offence against such court, or the justices or judges thereof, by reason or on account of the publication or service of the said printed address referred to in section 3 of this act, or the service or delivery of the same to the justices, judges, or judicial officer or other person constituting any court or tribunal of the United States, shall be deemed guilty of official tyranny and oppression, and of a high crime and misdemeanor against the United States of America.

Sect. 5. Any justice, chief justice, judge, or other judicial officer referred to in the first section of this act, who shall, by his manner, words, conduct, or other signs, such as want of attention, sleeping, reading papers, books, letters, cards of invitation to parties or dinners, or writing letters, while sitting to administer justice on trials, or hearing of cases, motions, or other proceedings, in any Federal court or tribunal; or who shall express, imply, or show, directly or indirectly, any passion, prejudice, partiality, favor, hostility, contempt, scorn, derision, disdain, or encouragement for or against either party, or the attorney, counsel, proctor, solicitor, or advocate of either party to any suit or proceeding in any such tribunal or court, shall be deemed guilty of a high crime and misdemeanor against the United States of America. Sect. 6. Hereafter all the cases, causes, motions, and proceedings of the Supreme Court and of the Circuit Courts of the United States of America shall be reported under the supervision of the attorney-general of the United States, who shall appoint, by and with the concurrence of the Senate of the United States, all the reporters of the Supreme Court and of the Circuit Courts of the United States; and the entire printed statement, brief, and argument for the party adverse to the judgment or decision made or rendered in each particular case, together with the entire printed motions, in each case, for a reform of the judgment, order, or decree, or rehearing of any case, shall be printed and reported with the opinion of the court, in type of the same size as that used for the reporting of the opinion in such case, and the said attorney-general shall cause the head-notes of the points of the opinion, and of the brief and argument opposed to the opinion, to be made and affixed to the report of each case, and form a part of the report, to be printed as reports of decisions; and no Federal court shall hereafter appoint a reporter of the decisions of such court, or of the opinions of the justices or judges thereof, but all such reporters shall be appointed by the attorney-general, by and with the advice and consent of the Senate of the United States; and any reporter so appointed who shall fail or neglect to perform his duties under this act shall be liable to a fine of five thousand dollars, to be recovered in a qui tam action in the name of the United States, one-half of such fine to be paid over, when collected, to the informer.

Sect. 7. Six copies of the record and maps, and of the briefs and arguments on both sides, in each case heard or pending before the Supreme Court of the United States, the Court of Claims, or other Federal court in the District of Columbia, shall be deposited, when printed, or as soon thereafter as practicable, with the librarian of Congress; and it shall be the duty of the reporter of each court to make such deposit within a reasonable time after

the printing of such record, and briefs and arguments, and any failure or neglect to perform such duty shall subject him to a fine of one thousand dollars, to be recovered in a qui tam action, as aforesaid, in the name of the United States, one-half of such fine to go to the informer.

Sect. 8. There shall be allowed as a salary to the reporters to be appointed under this act, the following sums per annum: To the reporter of the Supreme Court of the United States, per annum; to the reporter of the

Court of Claims,

per annum; to the reporter of the Supreme Court of the District of Columbia, per annum; to the reporter of the Cirper annum, except

cuit Court of the United States, in each circuit, in the circuits embracing New York, California, and Massachusetts, who shall receive each

per annum.

Sect. 9. The salary of the clerk of the Supreme Court of the United States, in lieu of fees, shall be per annum, and such clerk shall have his own clerks and assistants, and pay them out of his salary. The fees of the said office of the said clerk of the Supreme Court shall be paid into the treasury of the United States semi-annually, on the first Monday of July and January of each year, and a full and correct account of all fees, perquisites, and gains of said clerk's office shall be rendered on said days, respectively, to the treasurer of the United States, verified by the oath of said clerk; and any failure by said clerk to perform the said duties required by this section shall incapacitate said clerk from holding his said office, or any other office of honor, trust, or profit under the United States, and subject him to a fine of not less than one thousand dollars nor more than ten thousand dollars, to be `recovered in a qui tam action in the name of the United States, one-half of which shall go to the informer.

Sect. 10. Any person who shall bribe or attempt to bribe, or to corruptly influence or attempt to influence, by any means whatsoever, any justice, chief justice, judge, or judicial officer, or other person referred to in the first section of this act, to decide any case, motion, or proceeding in any court of the United States, or other tribunal or judicatory of the United States, in favor of either party to such case, motion, or proceeding, shall, on conviction thereof, be sentenced to the penitentiary for a period not less than ten years; and any judge, justice, chief justice, or other officer or person referred to in the first two sections of this act, who shall accept any such bribe, or submit to any such influence, shall, on conviction thereof, be sentenced to imprisonment for life.

Sect. 11. Any judge, justice, chief justice, judicial officer, or other person referred to in the first section of this act, who shall violate the provisions of the first, second, or third sections of this act, shall, on conviction thereof, be sentenced to the penitentiary for a period not less than five years nor more than ten years. Any judge, justice, chief justice, or other judicial officer or person referred to in the first section of this act, who shall violate the fourth or fifth sections of this act, shall be subject, on conviction thereof, to imprisonment in the penitentiary not less than six months nor more than five years; and in case of any violation of the first, second, third, fourth, or fifth sections

of this act, the said party or parties, referred to in the first section of this act, guilty thereof, or of either of them, shall, in addition to the penalties and punishment hereinbefore affixed to such crimes, be subject to impeachment before the Senate of the United States.

This act to take effect and be in force from and after its passage.

Similar statutes might also be passed to punish executive officers, and members of Congress and of the State legislatures, who abuse their power in the same way.

PUBLIC HYGIENE.

CHAPTER I.

DEFINITION OF PUBLIC HYGIENE.

Public hygiene, by its very name, excludes the treatment of hygiene as each private individual may choose to apply it to himself and family. It therefore does not concern itself with the special diet of persons, nor with their idiosyncracies in the choice of medicines, but relates only to those subjects of health which are public, and affect all men equally. This, indeed, while it results from a mere sense of general justice, has its own particular significance in relation to the republican form of government of the United States, which, while it assumes to provide for the protection of the welfare of all, does not allow governmental interference with the rights of the individual.

Keeping this in view, and considering the government in its relation to the universal requirements of the human body, public hygiene can have only one subject for its application under a system of Liberty and Law. This is to furnish to every individual the needs which his body requires for a healthy life in healthy purity. In other words, since man has only two such universal needs, air and food, government is in duty bound to guarantee to every citizen the air he breathes and the food he eats or drinks in the utmost attainable purity. In regard to all other things which individual men may think necessary for their health, such as drugs, exercise only a negative duty, to wit, supervision. supervise the sale of drugs, liquors, etc., and see to it that the purchaser obtains unadulterated what he desires to purchase, but it cannot prohibit an individual from eating or drinking what he chooses.

government can Government may

Governmental regulation of public hygiene treats, therefore, only of that one universal necessity of all men, food; but as this food