The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-06-21

A rather startling proposition was
advanced yesterday in argument
court by Major Everett Warren. 1t
was to the effect that up to the sec
ond day of last month there was no
provision in the laws of Pennsyva-
nie for indicting a person for bribing
councilman.
On that day the governor signed n
bill making it n punishable offense to
briDe borough councilman. This act
was passed, Major Warren averred,
TO supply a deficiency in the law. The
legislature. he said. realized there was
| no statutory provision against brib-
ing councilman, and passed this act
for the purpose of supplying the de-
ticiency.
The contention was made in the ar
guments on the motion to uuash the
indictments in the case of Frank Sili-
| man. jr, charged with having given
bribes to five cOuncilmen of Old Forge
borough.
The act under which, the in,fct-
mcnt was drawn when denuded OF
| its legal verbiage and reduced to plain
| English reads that it shall be an Of
| fense to bribe any state officer. either
at large or in any municipal division
| thereof a borough councilman is not
| a state officer. Major Warren con-
| tended. and there having been no
| specific act making it an offense to
| bribe a borough official at the time
Mr.. Silliman is charged with having
| bribed the Old Forge councilmen. not
| only the indictment but the whole
,,t.,s..,
FOR OTHER REASONS.
Attacks We're made on the iudict-
ments for various other reasons, but
| Major Warren said the above was
| the contention on which he principal
| ly relied.
| District Attorney w. r. Lewis in re-
ply to Major Warren's novel conten-
| tion, held that the reasonable read
| ing of the act under which the in
| diCtment was drawn would be that to
briDe any state officer or officers in
any municipal division of the state,
| would be an offenSa against the law.
He did not attempt TO explain why
| the legislature passed Il law at this
| session making it an offense 10 briba
| borough councilmen.
| The indictments against the five
! councilmen whom Mr.. Silliman Is
charged with brbing are likely to he
| uuaShed. When the case came to be
heard yesterday. Judge Edwards
| halted Mr. O'I'rien. who was about
| To proceed to attack the indictments,
by saying that the court had about
| made up its mind in the matter. and
| unless the district attorney had some
| thing tn say as to why indictments
| should not be quashed the court
would not care to hear arguments.
Mr. Lewis said he would have to
admit that it seemed that these cases
We're governed by the case of the
| commonwealth against Green. in
which the Supreme court affirmed the
nuashing of an indictment founded on
| evidence adduced at the hearing of u
difficult case. and without any pre-
vious binding over.
FOUNDATION OF THEM
In the case of the old Forge coun-
Clmen. the indictments We're founded
on evidence adduced at the hearing
of the bribery charges against Mr.,
Siliman.
In the cases against J. l.. Morgan
and Fred Naylor. Old Forge council-
| men charged with msdemeanor in Of
flee, in having Interested themselves
III ''''t 't''''S ior S"pi''ieS 10 'he Dur
o"S"' MI hi'e' a't"'he" ,''e III
h'ti''eht on lhe sr"uhu lhat 'he par
l''ui'r '"'tra''S were not SET iolth
III we ih''."ieh.' anu p',h '"oS.
i'uNafuS alhi JHuSe heliE intliialeu
lhat thiS WAS Ialal uelect.
'he OF lhe most ingenious hrsu'heh's
~,
'hat the iocai court mas hearu from
lilat very ingenious legal i''llihafE, l.
~. burns was 'hat "h''n "e hia"e
yesterday III the caSe Drought oE '"h-
Ih' H'h'oeur' 10 test 'he Nail"l'E "'
the 'itS ord'hahce iN'hS lhe rates 10
De charged t"r water
MI hurhS hrio lhat II corporation
mas no rights other llail lhose eNpreSS-
~ Sllpula'eu III us charler' ana mat
there is nothing IN ne scranton Gas
ana Water oohlpanE 'harler GIVING
them the risht TO llN rates fhe right
must rest somewhere however, ana thc
question Is as TO Where mat right
lodges. There Is no denying lhht the
legislature has that power ana can eN-
erciSe II itself or delegate IT, Ihc leg
islaiure can Only exercise that power
by iiNinS the rates to he charged all
over the state, otherwise ii would bc
DIrErpENr GRANTS
f',"s ,.t. 'p','"i W. t'''
W" "'''.'e', s."n'' " poN'' "''
the power to regulate paving, sewer
eral grant in which is included mover