The sun., 1903-11-14
CRIME TO SWAP HIS VOTE.
APPELLATE DIVISION RULES ON
ALDERMAN DICKINSON,
who Onered to Vote for an Appropriation
n Commissioner woodbury. Would
RcinstatO q Driyer-COurt Says It's
bribery, Just Like Taking Money.

Rc,nstato a Driver-COurt Says It's
bribery, Just Like Taking Money.
1oe-rolling statesmen will be particu-
,arlv interest ed in Il decision handed down
nv The Appellate Division of the Supreme
Court in the matter Of Alderman William
Dickinson. who wrote to Street Cleaning
Commissioner Woodbury. on Sept. 80, 1902,
saying
I, YOU will reinstate Antonio Covino
driver OF the department who. ! think was
TOO severely punished by being dismissed
from your department, will vote and other
wiso help you TO obtain the money needed
for new plant In Brooklyn.
Dickinson was held for General Sessions
bv Justice Wyatt on a charge OF violating
s.c,ion ~ Of the Penal Code, which makes
i, a felony for any public officer to sask
receive or agree to receive a bribe, or any
money, property or value of any kind, or
any promise or agreement therefor, upon
any agreement OF understanding that his
vote, opinion, judgment, action, decision
or other official proceeding shall be in
fuenced thereby
The crime Is punishable by not more than
ten years ilnpri3onm ent or fine Of not
moro than IS, 600 or both. Conviction also
entails the forfeiture Of the Office and dis
qualification from holding public Office
again.
Dickinson gave bail and then sued out
A writ Of habeas corpus, alleging that no
crime lad been committed, as no money
or its equivalent was to have passed in
return for the agreement TO vote, He also
offered a letter written to him by DR.. Wood
bury ten days before his offer, in which
the Commissioner said that If tho proposed
appropriation passed the Board Of Alder
men he would need more drivers and might
reconsider Covino's case In its regular order.
Diokinsons. writ was dismissed at Special
Justice Laughlin, in writing the Appel
late Divisions opinion. says that the
question turns upon what constitut es a
Iribe within he meaning Of the act. He
continues:
In view Of ths circumstances disclosed his
tDick nson otter 10 open to the inference that
relnstate ment ia the public service. and that
b St Ss ses e ths knHxn ds5s To- ossn
nsropRy |hs The ssa q
s4 en 1as bs
were done, to vote for and further the desired
appropriation, and implhlediy thhreaten1ns, h
The interests Of the public service REQUIRE
that pubic oHcers Phall act toIestiy unu
for eonsderatloh. and shall neither bsnta, be IL;
Sef BY ssSeos
FRi With tRe their felow lesislators or oeers or
with others for The giving or With Tithhoidi,ng
ing any any valuable favor, political or otherwise.
1t was the duty OF tn, .reltor to aot fairly
upon the .p5oposltior Of the str"st Sommiss Com rs
to favor the recommendation of Comnlis-
sioner Woodbury.. In thesa circumstances
it was the duty Of the rcl1tor to favor or op-
merits or demerlts. T. in his Judgment; II \
have opposed it and hc should not bargain
to vote for It upon obtni, ing an agreemiehts
1t is quite as demora!I2ing to the public
service and as much AGAINST tne splr or other dnI
ooffielal oTHi action for a political Or other favor
or reward as for money Either Is oroe'
msnt SaSe aSef temptea ma the % to act
fSr snd
In addition to the word abr be" in this sec,
tion Of the Code, other words are employed
clear that the words -value Of any kind"
Se bemet %eeh ha
in1d ment q 'S1 his oonstltuent would, We thIpk.
clause. and Would also constitute. bribe.:
% tfs The oPl9n Peanr has
Tended against the provisions Of Section 70
Of the Penal Code and that he was properly
held to answer upon the charge