Page:Federal Reporter, 1st Series, Volume 7.djvu/722

 710 FEDERAL REPORTER. �action, and the=;e in turn are also arrested, convicted, and flned solely upbn such information, hdd, the original informer is entitled to share in such fine. �4. Bamb — Samb. �Hence, wiiere A. iuformed against B., C, and D. for smuggling, and these or one of them confessed and implicated E. for receiving the property smuggled, and E. was arrested, and, acting upon the advice of a third party, also confessed and implicated F. and G. as his principals in the transaction, who were convicted and flned, Md, that A. was entitled to the informer's share of the fine imposed. �6. Bamb— Officek OF thb United States. �It aeema that any person receiving pay from the govcrnment, whose duty it is to disclose any information hemay receive, is " an offlcer of the United States " within the meaning of the act of 1874, and there- fore cannot be an informer. �Upon petition of John Brakeman and John B. Stadler for the informer's share of a fine of $2,000 imposed upon Si- mons and Burnstine. So far as Brakeman is concerned, the facts were that during the fall of 1880 he -was employed by General Spaulding, special agent of the treasury department, to ferret ont certain supposed rag-smuggling operations along St. Clair river. In the progress of his rosearches he discov- ered, from an examination of the bocks of the railway at St. Clair, and from statements made by the agents of the road, that Morris Brown, Samuel Lewis, and one Fink were smug- gling rags at St. Clair and shipping them to one Applebaum, at Detroit. This information being communicated to the col- lecter at Port Huron, Lewis, Brown, and Fink were arrested. Upon their examination, they, or one of them, disclosed the 'fact that they had been hired by Applebaum to buy the rags and smuggle them over for his benefit. Upon these statements Applebaum was arrested for aiding and assisting in the ille- gal importation, and gave bail for his appearance. Before the day set for the hearing of his case before the commis- sioner, Applebaum went befox'e the district attorney and made a full confession of his connection with the smuggling transactions, and disclosed the fact that Simons and Burn- stine, the defendants, were his principals; that they had employed him to get the rags smuggled across the river, and ��� �