Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1878-10-12
that he will pay them. tor their votes

that he will pay them. Tor their votes,
certain sum OF money-money which,
in fact and IN law, will belong to the
candidate when elected. 1t Is inmater-
ial, it is presumed, whether the money,
gift or reward is derived from the tees
and emoluments of the office. or from
any other source. 1t IS the same thing
to the beneficiary-thev voter-in law and
morals. The question arises, whether
or not, upon these facts, this method OF
Office getting finds sanction in the law
10 determine this question it is worth
while to recur to the common law and
statutes OF this state.
AT common law the offering or re-
ceivlng any undue reward to or by any
person whatever, whose ordinary bu>i-
ness relates to the administration of pub
:ic justice, in order to influence his be-
havior in office. and incline HIM to an
act contrary to known rules of honesty
and integrity, was defined to be bribery.
This definition has been much extended
by statute. One of the provisions of our
statute is substantially US follows, VIZ
"If any person shall, directly or IN
directly, give, or engage 10 gire, any
money, gift or reward, upon engage
meut or agreement that the person to
whom. or to whose use. or on whose be-
halt, such gift or promise shall Ee made.
shall, by himself or any other. procure,
or endeavor to procure, the election of
any person to office at any election un-
der the constitution and laws of the
state, the person so offending shall, on
conviction, be adiudged guilty OF bribery,
and punished in the pcnitentiary for u
term not exceeding five years
Another section of the statutes pro-
vidcs that every person who shall accept
or receive directly or Indirectly any
such money. gift or reward. or anu
promise therefor, upon engagement or
agreement rs specified in the preceding
statutory provision. shall be deemed
guilty OF bribery. &c.
There are other provisions OF the
statute that relate to the question under
consideration. Enough is quoted to show
the spirit and purpose of the law
1t Is plainly to be seen from the read
ing OF these statutes that the law-mak-
or, when framing these statutes. had in
his mind, the candidate and voter These
statutes are severely penal in their
character. 1t is well settled by the de-
clsions of the highest courts of the land
that penal statutes are pruhibitory. That
penalty implies prohibition in the inte~-
probation and construction OF statutes
The foregoing statutory provisions
not only prohibit, in explicit language
the seeking and getting office on the
plan indicated in the announcement al
ready quoted, but declare such action
and conduct of the candidate and voter
to constitute the crime of bribery
There are decisions OF the courts o!
other states upon similar statutes. tina,
fully sustain the position here assumed
! The election of 4 candidate 70 il public
office on the bribery plan is unduubted
! ~ void, for the obvious reason that the
law prohibits and intcrdicts the same
This plan OF office seeking and office
| getting is contrary to sound public
! policy. No court would declare tn,
| title to an Office. obtained IN this ques
t tlonable manner of any validity. Tn,
grand feature OF our system OF govern
ment is. that the offices are within the
reach of all who have the necessar,
! qualifications. without money or price
| The people need honesty and judg
ment in their officers, and promptnes,
and accuracy in the execution OF The
trusts delegated to them. And thes,
! qualities there can be no assurance the,
will have. il only those who give bribe:
are to be clothed with public trusts.
| NoN-PARTIS AN.