Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-16
moi GUILTY.
Continued from first page

cial, or other officer. or any public
trustee, or any agent or empioye of tn,
state, or Of such officer or trustee, eli
ther before or after his election, quail
iication, appointment or employment
any valuable thing; or corr,ptly OF
fers or promises to do any act
beneficial to any such person, to influ
ence him with respect to his official
duty, or to influence his action, vote,
opinion, or judgment in any matter
pending, or that might legally come
before him; and whoever, being u
member of the Legislature, or state or
other officer, or public trustee, or agent
or employe Of the state, or of such Off
Ger or trustee, either before or after
his election, qualification, appointment,
or employment, solicits or accepts any
such valuable or beneficial thing to in-
tluence him with respect to his official
duty, or to influence his action, vote,
opinion, or Judgment in any matter
pending, or that might legally come
before him. shall upon conviction
thereof be punished so and So.
You will observe from tho reading
of this statute that it is quite compre-
hensive,.
The purpose of this statute is to pre-
vent the Offering OF giving OF bribe
to influence his vote or action in any
matter or thing that might legally
come before him as public officer;
and where one holds, in this state, a
public office or is member of board
or commission legally constituted, and
other attempts by the Offering of Il
bribe TO influence the vote Of such Off.
Ger, or the official action Of such otli-
Ger, in respect to any matter or thing
legally pending before. him as such OIL
Ger or that might come lawfully be-
fore him ms such officer, the act Is
within the scope and meaning of this
statute, which I have read, and Is un-
lawful; and IL this ordinance mention
ed In the evidence, granting the Cen
trail Union Telephone Company fran
chisc In the City of Akron, had law
fully received the approval OF the
board of City Commissioners and
that after such approval, II was still
pending In the City Council, and be-
fore it's official passage In the city
Council the Board Of Commissioners
had Withdrawn or rescinded the act
providing that such ordinance, then 1t
was n matter tlint might thereafter
again come before the Board of City
Commissioners for the approval of the
Board or the members thereof.
Bribery is the receiving or offering
any undue reward by or to any person
whose ordinary business relates to the
administration of public justice, In
order to influence his conduct in office,
his duty 1t is the giving or receiving
of any valuable thing In order that the
receiver may be corruptly influenced
thereby IN the discharge of some public
duty.
TO constitute the oftense OF bribery II
nrust appear that the cause or proceed.
Ing was pending before the officer at
the time, or was afterwards SO lnsti-
tuted, or might come before him; and
although the offense be not fully con.
summated, 10y the acceptance Of the
offer, the offensc Is complete when the
offer IL made.
The object of the statute is to guard
against tho corruption of the officer by
receiving bribe, soliciting II bribc, OF
being offered bribe by another. Such
corruption Of the mind mIght,and most
likely would, lead to official mlscon-
duct and hence, the first step Is made
criminal, without looking or waiting
for results.
Therefore, IL bribe was offered in
the sense in which l have already de-
fined it--to influence the vote or OIL.
cial action of Daniel McGarry in n
matter that was lawfully pending be.
fore him, or that might lawfully come
1T as