, 1874-01-31


found on pngo 155 Of Gross statntos and who
ecen this law and copied 1t, and inserted It, bo.
cauno TINT section did not cover 1t. [Mr: Rood
Will notice this section, Il doos not say, ''or
nny other fund established by law for public
purposes" so that Mr.. dago's caao would not
como 1tnlor II. Tho language ie fn no sonso as
broad ns Tint Of tho section under which tho III
| dict,nent is framed.
The County Treasurer Of Cook County mny bo
| Indicted for two offenBos-for using tho county
funds, converting them to his qwn Use. unlor
| this section. and may DO aone to tho Ioniton-
siary; TINT ia for embozzlemont. Untor tho soo-
ton in question III this oaBc, tho County Treas
urcr could DO Indicted for an .ontiroly different
act. 1Ie could not bo convicted OF ombozz]cmont
THE NEW ACT.
| But tlliB aht WAS pnHaod to cover that, and
| mako him erimnnl who reflBod to turn over
| the money to ha SUCCESSOR. Tho section undor
consideration lns nothing whatever to do with
emhczznment-ha nothing whatovor to do with
The loantng Of tho city's money, or with Its un-
lawful use. Il has no reference to TINT kind Of
caae. but refusing to turn over tho money is q
charged with embozzling the money. Ho might
be charged with that oftonso ,,nlcr Sec 33 OF tbs
ohartor, II ho were guilty. Tho Grand Jury found
no such indictment but have cited these two
the County Treasuror or the persons named iu
| Soc. 15 may DO convicted Of ombozzomont
! whom we can prove they arc guilty Of using the
! money and that they may also bo indict0d and
conviotcd for refusing to pay over What mouoy
| thoy have.
NO LANGUAGE CAN De BROADER
| thnn Soc. 10, tic otle und0r which this indict-
| mont is framed. II 1t docs not cover Afr. Gage,
no language could, unless every officer waB spe-
cifically mentioned. want to refor to OUR
bribery stAtutos to illustrate how common It ia
for the Legislature to specify certain officers az
being within tho HtatutoB and 70 uae words geil-
oral in their import to include oil othorB Soc. i,
pago 1856, Of Gross Statutes, will show that 1t ii
| d common practice of lhw.mnkera, both in Con-
gress and tho Legislature to dodne cortain por-
soma as coming within q certain section and
then to say "or any othor person." OF "any
other officer" of such aud such character,
! without naming him specifically. Tho plan
reason for this is TINT no man may escape sim
ply because the Legislature has omitted to mon-
tion him or hia Office.
| ENTERTAINMENT.
lavo no doubt Lint, il tlse Grand Jury had
been satisfied fsoas tho evidence that Mr. Gage
Ind boon gnilty under Soc. SO Of the onlbnzzlo-
mont OF money, llo would have been indicted for
It, for tlat aud roiuaing to pay oycr tho money
aro different aud distinct charges. TO find IN
indictment for ombezzlomont It would have becn
necessary to aver knowledge either that he had
invested tho oity's money in some kind Of prop
erty or merchandise, or had converted it to bis
own uso; and to prove, that, it would
Ille money second, what he lad done with it..
The Indictment would not bo like this ono, be-
cause under this indictment ali thnt 1t is nocos-
sary to prove il simply that he received the
md lie faited to nav It oyor without showing
wl,at ho had done with it.
MIR. SWett-Under this indictment, do you
ionnod the money by tha authority of tho Com
mon Council, aud it Ind boon lost, TINT that
would not be n proper dofonse
NJ. neou- nm TAXING aboas INC lnaletmen' Na
on l.s Iace nos , aa 10 walas aeaensG t,t @ sney "1
will state hore, aud may state it us fact, fo1
! it appeared before the Grand Jury,-l do moi
J know whether there is any improprioty in sayiut
it,-that
In the case waa fair; that, if 1t Ind appeared b.
. tito testimony that Mr.. Gage had loaned th
} money to A, B, O, and j, md had tuoir paper
] and they could not p4y on account Of tn
panio, or for some othor reason, and tim
pny it over, no Indictment would hay
been fo,1nd. The Grand Jury woro dsuosod tt
investigate both sidos Of tho cnse, tho dofons'
N we'll as tho aocusation,-nnd the matter ~ a
, talked over. Tho Comptroller mud CORPORATION
Counsel, uho were IN office during aIr. Cages
! term wero examined thero hut the Gfanu Jnf!
, did not find that this money had boon loaned tx
, a, u, ana q, as interest. -.......,
DOES IT COVER THE CITY TnEAsunEn?
The question to bo decided is: Docs ths stint
ute (Scc. 16( cover tho City Treasurer OF Chicago
i it does, then tho indictment Is all right, nn'
these other things arc matters OF dofonso OH til
of dsoss 5ss ssatais! 'ss sss so 's % bo
The scvera acts or parts Of: acts contained in sal
dos1nsd aud taken n ii eo,sts ii thia state pF,m
Msio M o. Wht .ao aM M wa MI ~ eno
S ny sae @ 81 Nhs M & 'uu3 nv e csa