Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1890-03-13
LEGAL LIGHT.
Attorneys Express Their Views on
Mr.. Nadler's Candidacy.
A Difference OF Opinion as 60 Legality
.--Tne Chicago:.Tribune's, View OF
the Case BE Your OWNS Judge.

In lis column, "Voice of the People,
the Chicago Tribune of yesterday had the
appen1 ed inquiry from Rock Island and
editor al answer:
Rock ISLAND. ILL.,. March t0.-Editor
OF the Tribune "A Rock Island man an
nouncss himself an independent candi-
date for the Office Of township collector.
and says If elected he will give from the
fees o. the Office stipulated sums to the
different local institutions, viz: Y. M.
G. A, Industrial Home association, and
ST. Luke's hospital. The other sspirants
for the office claim his offer is in viola
ton o, the election laws of the state, and
II deft ated by him will contest the cleo
ton. Could the election be contested
and declared void on these grounds
Would the candidate oe liable to prose-
cution in making such an offer?
CITIZEN.
He can certainly be prosecuted under
the bribery section Of the election law,
and it was held in a Michigan case that
he could not hold the Office.
An ARGUS representative saw a num-
Der OF attorneys this morning, whose
opinions were solicited with reference to
Mr.. Nadler's candidacy and the Trib-
une's opinion. The following are the re-
suits:
Judge l. o. Wilkinson-I can see moth
ing that would warrant the charge of
bribery in Mr.. Nadler's case, nor any
thing illegal in any way about his candi-
dacy. l can see nothing whatever in his
candidacy that would interfere with his
right % hold the Office if elected on the
strength of his propositions. The pay
attach ed to the office is generally con :
ceded to be exorbitantly in excess of any
just compensation for the duties required.
1t belongs to the officer who may dispose
of it for any lawful purpose he chooses
l understand Mr.. Nadler's offer to be
that in case Of his election he will, after
paying the actual expenses of the office
not &c exceed $500, expend his income
derived therefrom among certain public
institutions of the city. There is no ele-
ment of bribery or other illegslity in the
case so far as can see. The objects are
all worthy. and the offer generous and
public spirited one; and the proposition
to aid them in the way proposed is viola
ton Of no law, and no public policy OF
which have any knowledge, but is a
substantial encouragement of both
Col Henry Curtis--I made an offer to
run for the Office of collector a number
of years ago. and to devote the proceeds
to the library fund, and did not consid>
er that l was laying myself liable to
criminal prosecution on that score. The
same year the late Bailey Davenport ran
for the Office on the same conditions, was
elected, and his income less the actual
expenses was given over to the public
library, and to nv knowledge he was
never prosecuted, nor did any one raise
the question as to prosecuting him.
William Jacksonville published offer
of MI. Nader does not appear to me to
De en- brsced in the offense Of bribery in
legal sense. The principal feature OF
that crime | understand to be an unlaw-
full act that is intended to influence the
elector personally or against him person
ally. The specific acts mentioned in the
case IS threats. Withdrawing custom, en-
forcing payment of debt, bringing
suits, ETC., leads me to this conclusion
e. Z. Wslker-Under the old statute
there is no doubt about the violation OF
law, but the new statute of 81 amends
the former law and places the guilt upon
the in dividual alone who gets something
for his vote, end does not hold the can.
didate, even if he does offer a bride
Under this section there would be moth.
ing illegal about Mr.. Nadler's candidacy.
Howe yer, we are looking up further au
Chority on the subject, and when it is oh
tanned we will be able to give a more in
telligent opinion. The amendstory sec
ton of the statutes is peculiar to say the
least.
WIN. McEniry-I regard Mr.. Nader as
a gen tleman; as a man who would no,
resort to any attempt at bribing, but in
as much as our laws are very strict or
that point, am inclined to think that tht
Mich gan case holds|the right doctrine
The Offering or a portion OF hi.
salary, if elected, to other various organ
izstions must have some weight witt
memoe of those organizations in The
casting Of their votes. yet think Mr.
Nader is in good faith, but the practici
is one that in my judgment should not bt
enco lraged.
E. E. Parmenter-Well. let us Sc,
what bride is: Webster's definition i
that a bribe lis a price. reward, gift o
favor bestowed on promises, with view
to pervert the judgment or to corrup
the conduct of a judge, witness or othe
person." Now there IS no intention Il
corrupt anybody IN this case. Therefore
| don't believe it is any bride. 1t ]
simply the offer of public-sprited citi
zen 20 assist improvements.
| City Attorney ]. L. Haas don't Sc
how Mr. Nadler's candidacy can be con
sidered as in the light of bribery. III
does not offer inducements that will re
suit in his own personal advantage q
the personal advantage of others. II
simply stands as a public benefactor an
l don't think any charge Of bribery
Applicable 10 his case.
States Attorney M. M. Sturgeon -
can see nothing tending to bribery in Nj
Nsdler's proposition. In my opinio
there would have to be something more |
the way of personal gain held out as a
linducement to warrant contest or intel
ference on the part Of the law on th
stree gth of bribery.
Adair Peasants have not given tn
sub. ect any investigation. but / shout
say off handed that there is no briber
abo 1t it, inasmuch as there is no direct {
par icular profit to he had as result {
Mr.. Nadler's success. There is nothin
in H..
Mai. II. G. Connelly-I haven't exam
ine6 the law, but on general principles
con sider the charge of bribery ridiculou