The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1906-05-09
ARGUMENT BEGINS IN
c. ". PERKINS Case
LEGALITY OF POLITICAL CON-
TRIBUTIONS FROM INSURANCE
COMPANIES FUNDS.

Test Fight ON Before Appellate Divis-
ion of the Supreme Court OF New
YOrl--Defense Raises Question of
Sufficient Legal Evidence to Justify
Court in Assuming Jurisdiction
Matter Of "FelOnious Intent"
New York, May 8.-Argument was
begun to-day upon the George w. Fer
kins case in the appellate division of
the supreme court. Mr.. Perkins, Tor
merly vice-president of the New York
Life Insurance company, was brought
before the court in March on charge
brought to test the question whether
the making Of political contributions
from insurance companies funds con-
stitutes crime. The case now comes
before the appellate division on an ap-
peal from ruling by Justice Green
baum that such contributions constl-
tute larceny. Mr.. Perkins was repre-
sented to-day by former Judge William
N. Cohen, Lewis L. Delafield and How
ard S. Cans. In opposition to the ap-
peal appeared District Attorney Jerome
and Samuel Untermyer.
Judge Cohen, in opening the argu-
ment, contended that there is not sutti-
cient legal evidence to justify the mag
istrate in assuming jurisdiction in this
case, and that the property taken was
contributed for the benefit of its true
owners.
Judge Cohen then presented a series
Of arguments along the lines followed
when the case was before Justice
Greenbaum. Judge Cohen said that if
the court held that in campaign con-
tributions the property was not taken
for the benefit Of it's true owners, then
the proper course of action would be a
civil suit to recover it. He declared
that at the time it was made Mr.. Per-
kins' contribution was not prohibited
by law.
"The chief question:" said Judge
Cohen in closing, ais one of intent, and
there is absolutely no proof of felonious
Intent"
District Attorney Jerome then made
an argument in support of Justice
Greenbaum's decision. Mr.. Jerome
said:
Such an expenditure as this con-
tribution would have been ultra wires,
even il made by the corporation itself,
and if it had been brought to the at
tention of the courts 1t would no doubt
have been prohibited by injunction.
That the policyholders of this company
differ widely in their political views, I
think, needs no argument to prove. To
take the property of those policyholders
who are of an opposite political party,
ITO take the money of persons whose
families will have to rely upon it for
support to advance the interests of a
party to which they are opposed, is
contrary to the whole fundamental eth
ical concepts of this community
think that such a course must be op
posed by any right-minded man.
Mr.. Jerome said he would concede
that to prove the commission of crime
felonious intent must be established,
But he declared, the expression ''felo-
NOUS intent" is one of the most elastic
meaning. He added: II maintain that
it is sufficient to prove that there was
a moral evil, a certain quantum OF
wicked mind, to prove that there was
felonious intent. 1 maintain that the
relator did what was NAHUM in Sc, and
that he has been very thoroughly shown
ito have been man fully competent to
know its meaning"
The court reserved decision. Presid-
ing Justice O'Brien, who is trustee Of
the Equitable Life Assurance society
did not sit in the case.
Mr.. Perkins was not present at the
hearing.