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sixty bushels, $3.50 per day; compensation of those assigned to distilleries having a surveyed daily capacity exceeding sixty bushels, $4.00 per day.”
For further provisions of law relative to storekeepers see
10 et seq.
Act August 15,
Sec. 3154. One or more storekeepers shall be assigned by the Commissioner of Internal Rev- Assignment enue to every bonded or distillery warehouse swrekeepers. established by law; and any storekeeper may be transferred *** by the Commissioner of Internal Revenue, from one warehouse to another. 1876. [Sec. 3154 a.] Sec. 63, act August 28, 1894.
That storekeepers, and storekeepers and gaugers, Storekeepers, when transferred from one distillery to an- keepers and other, either in the same district or in differ- gaugers, to be ent districts, shall receive compensation not expenses when exceeding four dollars per day during the from one distime necessarily occupied in traveling from other. one distillery to the other, together with actual and necessary traveling expenses. SEC. 3155. In case of the absence of
internal revenue storekeeper by reason of sickness or other cause, the collector having control of storekeeper. the warehouse may designate a person to have temporary charge thereof, who shall, during such absence, perform the duties and receive the pay of the storekeeper for the time he may be so employed, and shall for any
violation of the law be subject to the same punishment as storekeepers.
Sec. 3156. The Secretary of the Treasury shall
appoint, in every collection district where they
may be necessary, one or more internal revenue gaugers, who shall each take an oath faithfully to perform his duties, and shall give bond, with one or more sureties, satisfactory to the Commissioner of Internal Revenue, for the faithful discharge of the duties assigned to him by law or regulations; and the penal sum of said bond shall not be less than five thousand dollars, and said bond shall be renewed or strengthened as the Commissioner of Internal Revenue may require. The duties of every such gauger shall be performed under the supervision and direction of the collector of the district to which he may be assigned, or of the collector in charge of exports at any port of entry to which he may be assigned. [Sec. 3156 a.] Sec. 65, act August 28, 1894. That inter
nal revenue gaugers may be assigned to duty
at distilleries, rectifying houses, or wherever gauging is required to be done, and transferred from one place of duty to another, by the Commissioner of Internal Revenue, in like manner as storekeepers and storekeepers and gaugers are now assigned and transferred.
For further provisions of law relative to gaugers, see Secs. 3157, 3163 a, 3267, 3287, 3290, 3291, 3292, 3295, 3314, 3320, 3323, R. S.
For instructions as to the duties of gaugers, see Int. Rev. Reg., Series 7, No. 11, Revised; Gaugers' Manual, 1891 ; Gaugers' Weighing Manual and Appendix, 1892; and generally Series 7, No. 7, Revised, with its supplements; and all other regulations relating to distilled spirits. Sec. 3157. Gaugers shall be entitled to receive such
fees, to be determined by the quantity gauged, as may be prescribed by the Commissioner of
Assignment of gaugers.
Internal Revenue; and said fees, together with their actual and necessary traveling expenses, shall be verified by their oaths, and shall be paid by the United States monthly.
[Sec. 3157 a.] Extract from Leg., Ex., and Jud. App. Act of June 19, 1878 (20 Stat. 178).
* And hereafter the compensation of gaugers shall not exceed five dollars per day while actually employed.
[Sec. 3157 b.] Extract from Leg., Ex., and Jud. App. Act of August 15, 1876 (19 Stat. 143).
* And said
gaugers and storekeepers respectively shall only receive compensation when rendering actual service. *
For table of gaugers' fees, see Int. Rev. Reg., Series 7, No. 5, Revised; Gaugers' Manual, page 4 and Table 9.
For instructions in regard to rendering their accounts for fees and expenses, see Int. Rev. Reg., Series 7, No. 2, Revised, p. 11. Unofficial gauging, ibid. p. 115.
It is not an offense cognizable in the federal courts to offer to bribe an internal revenue officer to set fire to a distillery where he is on duty. It is no part of the duty of a gauger or any other internal revenue officer to protect the distillery or any of the property therein from violence, injury, or destruction. Consequently Gibson, who was charged with offering to bribe De War, a gauger, to set fire to the distillery of H. H. Shufeldt & Co., at Chicago, was not liable to indictment under Sec. 5451. His offense was only cognizable in the state courts. United States v.
United States v. Gibson, District Court N. D. Ill., June 8, 1891, Blodgett, J., 47 Fed. Rep. 833.
[Sec. 3157 c.] Extract from the Legislative, Executive, and Judicial Appropriation Act for the fiscal year ending June 30, 1885, act July 7, 1884 (23 Stat. 172). And no collector in any district shall recommend, nor shall there be appointed or commissioned, more deputy collectors, storekeepers, storekeepers and gaugers, gaugers, inspectors, or other
Certain officers not to exceed 15 per cent of the number employed.
Statement of fees, etc. ; penalty.
officers, or allowed to remain in commission more of any
of said officers, at any one time, than fifteen in commission per cent in excess of the number engaged in
performing duty at the time, and indispensably
necessary for the performance of said duty. Sec. 3158. Every internal revenue officer, whose
payment, charges, salary, or compensation are
composed, wholly or in part, of fees, commissions, allowances, or rewards, from whatever source derived, shall be required to render to the Commissioner of Internal Revenue, under regulations to be approved by the Secretary of the Treasury, a statement under oath setting forth the entire amount of such fees, com- , missions, emoluments, or rewards of whatever nature, or from whatever source received, during the time for which said statement is rendered; and any false statement knowingly and willfully rendered under the requirements of this section, or regulations established in accordance therewith, shall be deemed willful perjury, and punished in the manner provided by law for the crime of perjury. And any neglect or omission to render such statement when required shall be punished by
a fine of not less than two hundred dollars,
nor more than five hundred dollars, in the discretion of the court.
Sec. 3159. [Repealed by Legislative, Executive, and Judicial Appropriation Act of August 15, 1876 (19 Stat. 143).]
Sec. 3160. [Repealed by Legislative, Executive, and Judicial Appropriation Act of August 15, 1876 (19 Stat. 143).]
Sec. 3161. In any port of the United States where there is more than one collector of internal revenue, the Secretary of the Treasury may designate one of
Act Feb. 18, 1875.
them to have charge of all matters relating to the ex-
Sec. 3162. Every collector of internal revenue and every superintendent of exports and draw- Superintendbacks is authorized to administer such oaths and drawbacks and to certify to such papers as may be neces- ter vatlus. sary under any regulation prescribed under the authority of the internal revenue laws.
See Sec. 3165 in regard to general authority of collector to administer oaths.
Sec. 3163, as amended by Sec. 2, act March 1, 1879 (20 Stat. 327).
Every collector within his collection district and
internal revenue agent shall see that all laws and regulations relating to the collection of internal taxes are faith
Duties of col-