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Constitutional Law Keyed to Choper
United States v. Germaine
Citation:
99 U.S. 508 (1878)Facts
Charles A. Germaine was appointed by the Commissioner of Pensions to serve as a civil surgeon to examine pension applicants when needed. His position was authorized by an 1873 statute that allowed the Commissioner to appoint civil surgeons to perform examinations of pension claimants on a case-by-case basis. Germaine was paid a fee for each examination rather than receiving a regular salary. He was indicted under a statute that criminalized extortion by “officers of the United States.” The indictment alleged that Germaine, while acting as a civil surgeon examining a pension applicant, had demanded and received money beyond what was allowed by law for his services. The case centered on whether Germaine’s position qualified him as an “Officer of the United States” subject to the criminal statute.
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