The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-05-09
ARGUMENT BEGINS
IN PERKINS CASE
Test CriminaIity of Making
Campaign Contributions
is BEFORE JUDGE COHEN
Jerome Comedies That to Prove Com
mission of Crime Felonious Intent
Must Be EstabIished-Mr.
Untermeyer's Argument.
is BEFORE JUDGE COHEN

New York, May s.-Argument was be-
gun today on the George W. Perkins case
in the appellate division of the supreme
court Mr.. Perkins was formerly vice
president of the New York Life Insurance
company. He was brought before the
court in March on charge brought to
test the question whether the making of
political contributions from insurance
companies constitutes a crime.
The case now comes before the appel
late division on appeal from ruling
by Judge Greenbaum that such contribu-
lions constitute larceny. Mr. Perkins was
represented today by former Judge Will
liam n. Cohen, Lewis l.. Delafeld and
Howard S. Cans. In opposition to the ap-
peal appeared District Attorney Jerome
and Samuel Untermyer Judge Cohen, in
opening the argument, contended that
there Is not sufficient legal evidence to
justify the magistrate in assuming juris-
diction in the case, and the property taken
was contributed for the benefit of its true
owners.
Judge Cohen then presented a series of
arguments along the same line, which
counsel for Mr.. Perkins followed when
the case was argued before Justice Green
baum. Judge Cohen said that IL the court
held that in campaign contributions the
property was not taken for the benefit
of its true owners then the proper course
of action would be active suit to re-
cover 1t.
He declared that at the time 1t was
made Mr.. Perkins contribution was not
prohibited by law. THE chief question"
said Judge Cohen, rs one of intent, and
there Is absolutely no proof of felonious
intent
District Attorney Jerome made an ar
gument in support of Justice Greenbaums
decision.
Mr.. Jerome said:
Jerome's Argument.
"Such an expenditure as this contribu-
tlone. If brought to the attention of the
courts, would no doubt have been pro-
hibited by the Injunction. To take the
property of those policyholders who are
of an opposite political party; to take the
money of persons whose families will have
to rely upon 1t for support, to advance
the interests of a party to which they
are employed Is contrary to the whole
ethical concepts of this COM
munity. ! think that such course must
be opposed by any right-mnded man."
Mr. Jerome said he would concede that
to prove the commission of crime, fell
onous intent must be established. But
he declared the expression "felonous in
tent" is one of the most elastic meaning.
He added:
LAS showing the criminal intent
great deal of discretion resides in the
court. I maintain that it is sufficient to
prove that there was moral evil to prove
that there was felonious intent. MAIN
tain that the relator did what was malu-
mlnse. and that he has been very thor
oughly shown to have been man fully
competent to know Its meaning
Further arguments against Mr.. Per-
kins' appeal was made by Mr.. Inter
meyer who said that Mr.. Perkins being
vice president of the company, and
chairman of the finance committee was
just as responsible for the disbursement
of money as the President himself.
Is Interrupted.
Several times during his argument Mr..
Untermeyer was interrupted by questions
from Justice Ingram, once chief justice.
Does the statute made the reviewing
of money a crime?"
ut makes the taking of money a crime.
1t makes the appropriation of property
by others than the owners a crime was
the reply.
At another time Justice Ingram asked
whether any one who should get money
from corpora ton to which he was en-
titled committed a crime, Mr.. untermeyer
said.
'If the person who receives money
wrongfully from a corporation stands in
the relation of a trustee to that corpora
ton, and those interested in its assets,
then there is criminal intent, its a crime
We claim that there is sufficient proof
of criminal intent In this case to justify
us in asking that 1t be submitted to a
jury"
Mr.. Dealield, of counsel for Perkins,
also spoke briefly and said that during a
period of twenty-five years past nearly
every corporation in the state has at some
time or other made contributions for some
political organization or other.
Tho court resarved dacisinn