Terranova

Defendants were jointly indicted for conspiracy to defraud the United States unde:? section 37 of the Criminal Code (18 USCA § 88). The indictment charges that defendants, who are subcontracting plasterers on the post office annex now under construction in San Francisco, did conspire to defraud the United States by violating the terms and provisions of the Federal Prevailing Rate Law (46 USCA § 276a), in that they employed certain workmen specifically named therein at a lesser wage than the prevailing wage in the city and county of San Francisco and, by requiring said workmen to sign certain false and fraudulent pay rolls, made it appear that the said workmen were being paid the prevailing wage, when, as a matter of fact, they were being paid a much less wage, all of which facts defendants well knew.

The indictment is attacked by general and special demurrer upon two grounds. The first ground is that the indictment fails to charge a conspiracy to commit an offense against the United States; and the second ground is that as the entire charge is based upon the failure of the defendants to pay their workmen the prevailing rate of wage in San Francisco, the failure of the indictment…