, 1892-03-23
THE BOOK BRIBERY.
THE DECISION or JUDGE FREMONT
CAMPBELL REVERSED
Nm tine Case Before the Thurston
County Superior Court Relative
90 the Charge Of Attempting TO

Brtbe ONE OF the school Board.
[Notice-All decisions of the supreme
court will appear in The DAILY AMI
WEEKLY TR1BUNE.l
State Of Washington, appellant, vs.. J. w
Womack5 r.. j.. Edwards, MIG. Sullivan
and G. o. Eames, respondents. No. 397
Filed March I, 1892.
Under the provisions of Chapter 12 of the
laws of 1889-90, approved March 27, 1890
and which by reason of the emergency
clause went into effect upon Its approval
the governor appointed four persons, who
together with the superintendent of public
instruction, were to be denominated the
board of education of the state. Among
other things it was made the duty of the
board at their first regular meeting in June
1890, to adopt a uniform series of text
books for the use Of the common. school OF
the state, and to enter into contract with
the publishers to supply the same. In ac-
cordance with the provisions of the act
the board met and proceeded to adopt GER
tain school books for the state. Prior.
however, to entering into a contract with
the publishers of the books adopted and alt
the same meeting the alleged attempt to
bribe one#of the board, toWit: E. III. Leach
was made, and an Indictment was found
against the defendants herein for the crime
of an attempt to bribe. The Indictment was
demurTed to- and the demurrer was sus-
tanned, and the state has brought the case
here on appeal. The body Of the indiet-
ment is as follows:
y. w. Womaek, r. r. Edwards, NJ. G..
Sullivan and G. o. Eames are accused BY
the grand jury Of the state Of Washington
for the county of Ihnrstofl, by this intlict
ment, Of the crime OF attempting to bribe a
member of the state board of education Of
the state Of Washington, committed as
follows:
That heretofore, to-Mit: On the q n
day of June, 1890, iii said Ehursi Oh county.
state of Washington, h. II. Leach was a.
duly appointed qaallned and acting fmem-.
Der OF the state >Doard of.education for the
state of Washington and was then and
there engaged with the said board ofedu-
cation IN holding The first regular meeting
II June, 1890, OF said board Of education in
the capital OF said state, to-wit OLYMPIA
Thurston county, state of Washington.
and said il. IL. Leach as a member of, and
with said board of education, then and
there had under consideration and for the
action of said board of education the adop-
ton of a uniform series Of text books for.
the use of the common schools includingt
graded school, throughout said state, and.
thatJ. w. Womack, r. l.. Edwards, M. @.
Sullivan, and G. o. Eames then and there,
We'll knowing the premises did then and.
there nnlaWfully, WiekedIy and corruptly.
contriye and cOnspire together to tempt. Sc
duce, br1be and corrupt said l.. Ell. Leach.
So being then and there engaged in his said
official duties with said board of education
IN adopting q uniform series of text books
for the use of the common schools, includ-
ing graded common schools, throughout
said state, to prostitute, abuse and unlaw-
fully betray his said trust and violate his
duty as a member of said board of educa-
ton, to act in his said official. capacity
with narfia tIy fnx
there Offering to pay said Leach five thous-
and dollars; all of which said ). w. Wo-
mack, r. IL. Edwards, M. @. Sullivan and
G. O. Eames then and there did and per-
formed to unlaWfully and corruptly in
duce, influence and bribe said f. lei. Leach.
IN his said capacity and character as a
member OF said board of education cor
ruptly and unlawfully to exercise and per-
form the duty SO vested in him
as such member of said board with par
tiality and favor, by then and there moving
and voting for a resolution reconsidering a
vote heretofore had by said board, bv
which certain text books had been adopted
by said board, to-wit; Wentworth's arithS
metics and Franklyn readers and to move
and vote for a resolution adopting by said
board certain other text books, to-Wit:
Barues' readers and Whites or Robinson's s
arithmetics; which latter books said j. w.
Womack, R.. L. Edwards, M C. Sullivan
h41S " Os 1Idlll6p W0I6 JI6n anu Gu6rG nQJ6f-
ested In procuring said board of education
to adopt as text books for the use OF the
common schools, including graded conn
mon schools, throughout said staten
1t is alleged by the defendants that the
Indictment is bad, because az it does not
state that any crime was committed; (2l
the officers of the board are not included or
contemplated by our statute on bribery
and (3) that the board Of education having
once passed resolution adopting a series
OF school books for the use of the public
schools of the state could not legally recon
slider the vote or rescind their action.
While the appellant contends that the in-
dlctment is sufficient to sustain a verdict
for an attempt to bribe, and that in any
event the indictment charges a conspir-
acy, and that in charging conspiracy it
Is not necessary to charge any overt acts.
But tits not necessary for us to discuss
the last contention of appellant, for we
think the Indictment as aWhole, submitted
to a fair construction, shows it to be sIf-
dcient to maintain the crime named in the
charge, viz: An attempt to bribe. The
statute provides that
Every person who shall bribe or at
tempt to bribe, or offer any present, bribe
or reward to any judge, justice of the peace,
juror, commissioner, referee. auditor arbi-
traitor, or person summoned as a juror, or
or to any executive, judicial or ministerial
officer, or member of the legislature, for the
purpose OF influencing him in the exercise
of any of the power in him vested for the
performance of any duty of him required,
shall on conviction thereof, be imprisoned
IN the county jail any length of time not
exceeding one year, and fined i'll any snm
not exceeding two thousand dollars, or
fined only
What does this Indictment charger Set
ting up the material portions and eliminat-
ing that which is immaterial, we get at the
substantive charge by the following words:
did then and there conspire together to
tempt, seduce, bribe and corrupt said L.
I'll. Leach by then and there Offering to paw
said L. H. Leach five thousand dollars. .
1t is claimed that the words, then and
there offered to pay ETC., simply describe
the manner OF cOnspiring, instead of as
sertlng that the money was offered to
Leach. But an Indictment, like every
other written instrument, must be com
strned with reference to the whole inGfiet-
ment, and not to segregated or detached
portions, and statements; and while the
language employed might possibly be tor
tured into this meaning, CONSIDERING them
with reference to the language preceding
and following, it is not the natural CON
struction. Follow the above words by the
following sentences: Cali of which said
]. w. Womack, r, L. Edwards, M. @. SUI
llYan and Q. O. Eames then and there did
and performed to unlawfully and eorrupt-
~ induce, influence and bfibe said T.. HI
Leach, ~ etc. The obvious antecedent Of
did and performed" was the Offering to
pay, and not the conspiring together. They
could conspire together without doing any
overt acts, and in an Indictment for con-
sPlracy all that would be necessary to
charge would be the conspiracy, and when
they do something, it is an addition to the
conspiracy, and the recital of that something
cannot be held to be descriptive Of the com