delivered the opinion of the court.
The Comptroller of the Currency is charged with the duty of supervising national banks. When he deems it necessary to take possession of the assets of a bank and assume control of its operations, he appoints a receiver under Rev. Stats., § 5234. Weitzel, so appointed receiver, was indicted in the District Court of the United States for the Eastern District of Kentucky under Rev. Stats., § 5209, for embezzlement and making false entries. That, section does not mention receivers, but provides that “every president, director, cashier, teller, clerk, or agent” *541 of a national bank who commits these offences shall be punished by imprisonment for not less than five nor more than ten years. The Government contended that the receiver was an “agent” within the meaning of the act. A demurrer to the indictment was sustained on the ground that he is not. . The court discharged the prisoner and the case comes here under the Criminal Appeals Act of March 2, 1907, c. 2564, 34 Stat. 1246.
The receiver, unlike a president, director, cashier, or teller, is an officer, not of the corporation, but of the United States.
In re Chetwood,
Section 5209 is substantially a reenactment of § 52 of the Act of February 25, 1863, c. 58, 12 Stat. 665, 680, the first National Bank Act. It is urged by the Government, that the punishment of defalcation by a receiver is clearly within the reason of the statute and that, unless the term “agent” be construed as including receivers, there vvas no federal statute under which an embezzling receiver of a national bank could have been prosecuted, at least until the Act of February 3, 1879, c. 42, 20 Stat. 280, made officers of the United States so liable therefor; and, indeed, cannot now be, because he should not be held to be an officer. . The argument is not persuasive. Congress may possibly have believed that a different rule should be applied to an officer of the United States who is selected by the Comptroller for a purpose largely different from that performed by officers of the bank, and who gives bond for the
*543
faithful discharge of his duties. - Furthermore a
casus omissus
is not unusual, particularly in legislation introducing a new system.
1
The fact that, in 1879 Congress^ should have found it necessary to enact a general law for the punishment of officers of the United States who embezzle property entrusted to them, but not owned by the United States, shows both how easily a
casus omissus
may arise and how long a time may elapse before the defect is discovered or is remedied. Statutes creating and defining crimes are not to be extended by intendment because the court thinks the legislature should have made them more comprehensive.
Todd
v.
United States,
The judgment of the District Court is
Affirmed.
Notes
See Rev. Stats., §§ 5234, 5141, 5151, 5191, 5201, 5205, 5208.
For example: 1. Extortion by government “qfficers”: Act of March 3, 1825, c. 65, § 12, 4 Stat. 118 (R. S., § 5481);
United States
v.
Germaine,
