The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1882-01-20
CERTtORLRt.

oERTioRARI
Opinion of the Court, by Elwcll President
Judge, filed January "A, 1882.
The justice gave judgment for the plain
tiff for six dollars and fifty cents upon
claim of three dollars for services in procur-
ing delegates from Pine township to II NOM
mating convention favorable to the nomina-
ton of the defendant forthc office of Register
and Recorder, also, for six dollars and fifty
"cents money borrowed at the instance Of
'thc defendant, and used for him in paying
"traveling expenses to election, and for men
'to leave their work and 20 to the primary
'clecton for defendant, and for liquor bills
"&c., and for two dollars paid for one gal
"lon of whiskcy furnished by the plaintiff
''at the instance of the defendant"
1t does not appear whether there was n
special contract to procure delegates to be
elected from the township namcd who
would vote for the defendant. or whether,
having rendered services by request, the
plaintiff seeks to recover upon Il 9adatqm
mcrW 1t was not material to spread the
claim more fully upon the record. The
right of the plaintiff to recover that item of
his claim depends upon the character of the
services performed. If they were not pro-
hibitcd by law, nor contrary to public policy
and good morals, the contract therefor was
a valid contract.
A candidate for nomination or election,
may freely and lawfully use all honest means
to procure his success at the convention or at
the polls. The act of 18th April 1874, Pamp.
l.. g. expressly authorizes payments and
contributions by candidates for printing
travelling expenses, dissemination of infor-
nation to the public, political meetings,
demonstrations and conventions but cXcepts
out, every direct and indirect purchase of the
vote or influence of an clector, and every act
for any corrupt purpose whatever incident
to an election. What is clearly embraced
within the terms above mentioned and not
excepted thcrcfrom is lawful Interest may
be made for candidate without faint of cor
ruptiOn. ElCctionccring, as it is called, with
out the use OF corrupt means, is not con-
dcmned by the law Even art may be used
by candidate in securing his election with
pure motives and patriotic purpose. The
statute forbids the perversion of art, not its
use. Williams vs.. Commonwealth 10 Norris
SOB. PEI Turnkey, j.
The statute is not to be so construed as TO
prohibit candidate from employing a friend
to canvass an election district for him and
by representations in regard to his qualtica-
tions, his claims for party support, or by any
legitimate arguments operate upon the minds
of the voters and thus procure the return of
delegates who will support him in the NOM
mating convention. Such services are not
illegal and are sufficient consideration to
support promise to pay for them including
necessary travelling expenses.
But the loan of money for the purpose set
forth in the plaintiffs claim was illegal.
Every contract made for or about any mat
ter or thing which is prohibited and made un-
lawful by statute, is void. Badgley VS.
Bealc, 3 Watts 264. Money lent to he en-
ployed in an unlawful game or any other il
legal purpose cannot be recovered back. Eler-
man VS. Reitzel / w. & S. 1871, Smiths
Leading Cases 3iG.
The act of 1874 in express terms declares
that 1t shall not be so construed as to author
ize the payment of money or other valuable
thing for the vote or influence of any clcCtor
either directly or indirectly, at primary,
township, general or special elections, NOM
mating conventions or for any corrupt pur-
pose whatever incident to an election.
Money paid or promised by candidate to
q voter for his day or travelling expenses in
attending an election or Z primary meeting
and casting his vote for him, although such
payment or promise is ostensibly made as a
matter Of friendship or.charity, it is a viola
visions of article VII section /, of the Con-
stitution.
1t is not necessary in order to bring case
within the prohibition of the statute that the
candidate in terms agreed to pay certain
sum as Il consideration for vote. Ordi-
narily proof of corruption in such cases can
only be establishcd'by the attending circum-
stances.
Where money is paid to voter under the
circumstances stated in this transcript, At
least prima tdcia case of illcgality is estab'
lished. If the purpose Of this loan was not
illegal candidate may lawfully proclaim that
every voter for him will be paid for his time
and travel 1t needs no argument to prove
that such an offer, whether made to few Oh
many, is nothing more nor less thana money
| Iil fnr thot tlpra nj a.
titled to vote who would be influenced by
the sum promised or paid to cast their vote
for the generous donor. In a canvass thu
conducted, competitor who depends upol
his merits, instead of money, stands but
poor chance for success. Especially woul
| this be the case if it was understood Gas it
in all such cases) that the liberality of the can
| didate who distributes the money was limte
to those who would cast their votes for hin
| The purpose for which the plaintiff boz
rowed and, as he alleges, expended the 81
| dollars and half demanded in this sui
was in part at least contrary to the statute
and in all respects contrary to the policy {
| the law. The plaintiff cannot state his cas-
without exhibiting its illegality. No cou
will lend its aid to enforce contract col
trary to law or good morals, but will leaN
the parties where it found them. Howey'
it may be considered aside from the law,
law the condition of the defendant is IL
better
The loan of the six dollars and fifty cen
being one contract and for purposes con
trary to law the judgment must he reversed
Judgment reversed.
| BY TnR CoURT.