Every evening, Wilmington daily commercial., 1906-06-21
MIsoEuANEous REooRD.
Frnud nd conanlrnov.

One after another the three cases in
volving charges of conspiracy on the part
Of certain officials Of Philadelphia to rob
the people have been bowlod out OF court.
The last one was the case against Abra-
ham English, former director of public
safety, II. 3. Baton and j. ID. Finley, ON
the charge of oonspiring to delraud ana
cheat the city in the building of the
Municipal Hospital, which came to an
abrupt ending on Tuesday last in a ver-
dict OF not guilty by direction Of the court,
without the defendants being required
10 produce any testimony.
In the evidence offered by the prose-
cution in this case 70 was shown that the
city got a very bad bargain in the con-
struotion Of this building II was proved
that material for which the city had paid
was not used IL was also shown that
there was much skimping in the materials
called for by the contract, and that the
city had been wronged IN various par
ticulars by incomplete work of the con-
tractors, apparently with the consent,
il not the connivnnce, of the city officials
But because il was not shown that the
accused had deliberately met and con-
spired to do these things the court held
that the charge of conspiracy had not
been proven, and therefore, at the re-
quest Of counsel for the defendants,
directed the jury to return a verdict Of
not guilty.
The natural construction 20 be placed
upon this procedure may be said to run
shout this way The city Of Wilmington,
10 resort TO example, determines to con-
struct a new City Hall, and duly awards
the contract, based upon clearly defined
specifications. The contractors. with the
knowledge aud active corporation of
the mayor and other city officials having
charge of the work, enter upon cam
paign OF fraud for profit They put in
cheap and detective materials where good
and costly materials are specified; they
slight the contract ina manner that puts
many dollars in their pockets, but which
robs the city by imposing poor work upon
Il az prices that warrant the best kind
Of work They cheat and deiraud the
city in every possible manner by these
schemes but, unless il can be established
that they deliberately met and deliber-
atoly entered upon a conspiracy TO per-
form these evil acts, On indictment for
conspiracy to delaud viii not lie against
them.
In such event, the only remedy for the
city, we suppose, would be to proceed
against the offenders in a civil action
for damages, with the usual chance of
getting some return or of getting further
mulcted in the costs attaching TO am adj
verse verdict
We may be wrong in this conclusion.
but evidently there are others that hold
the same view Abiding TO the unsatis-
factory result of the latest trial IN Phila-
delphia, to which We have referred the
Philadelphia Ledger says: "This much
Is known: The city has a had building:
Il has not received dollars worth OF
material or of work for each dollar ex-
pended; nobody is culpablen
Therefore. the city in common par
lance, 'is left" In plain terms, It what
has been urged in this case is true. those
who wish 10 cheat and delmud may have
a full understanding about the matter.
and circumstances in plenty may exist
70 give evidence Of criminal purpose, but
the actual conspiracy must be established
before the law viii hold them account
able.
In such a situation there is little encour-
agement for a municipal government to
enter upon enterprises of municipal inn
provement. BY doing so il simply lays
itself open to unpunishable robbery.