United States v. Stever - 222 U.S. 167 (1911)
U.S. Supreme Court
United States v. Stever, 222 U.S. 167 (1911)
United States v. Stever
Argued October 20, 1911
Decided December 4, 1911
222 U.S. 167
Congress will not be supposed to make the same offense indictable and punishable under either of two distinct provisions under which the procedure and the penalties are different.
Where general words follow words descriptive of particular actions they should, unless clearly manifested to the contrary, be construed as applicable to cases or matters of like kind with those described by the particular words.
Sections 3894 and 5480, Rev.Stat., each apply to different offenses, and are to be construed as legislation in pari materia.
Section 3894, Rev.Stat., relates particularly to lottery schemes, and the general words "concerning schemes devised for the purpose of obtaining money or property by false pretenses" are limited to schemes having a similitude to lotteries and other like schemes particularly described and do not extend to the general schemes to defraud covered by § 5480, Rev.Stat.
The facts, which involve the construction of §§ 3894 and 5480, Rev.Stat., and what constitute offenses thereunder, are stated in the opinion.