The Montgomery advertiser., 1906-05-09
PERKINS CASE IS UP
APPEAL FROM DECISION OF JUDGE
 GREENRAUM.
Question as to Whether Gift of PoH'y Holders Money to Political Party
 Constitutes LarceEy--Disffu- rufshed Council Engaged.

New York, May s.-ArSumeHt Wae begun today in the George w. FerhIns Supr rsme Court MT. Perkins was for merly vice president of the New York Life Insurance Company. He was brought before the court in March on a charge brought to test the question whether the making of political con tributions from insurance companies constitute crime.
 The case now comes before the ap- pellate division on an appeal from ruling by justice Greenbaum that such contributions constitute larceny
 Mir Perkins was represented today hy4 former Judge William N Cohen, Lewis L.. Delafield and Howard $. Cans Tn opposition to the appeal appeared District Attorney Jerome and Samuel Untermyer., Judge Cohen in opposing the argument contended that there IS not sufficient legal evidence to justify the magistrate in assuming jurisdtc- tion In the case and the property taken was contributed for the benefit of it's true owners,
 Judge Cohen then presented series of arguments along the same line, which counsel for Mir. Perkins followed when the case was argued before Jus tice' Greenbaum. Judge Cohen said that if the court hold that in campaign contributions the property was not taken for the benefit of its true owners then the proper course of action would be suit to recover it.
 He declared that at. the time it was made, Mir. Perkins's contribution was not prohibited by law. The chief question" said Judge Cohen, Ifs one of intent and there is absolutely no proof of felonious intent
 District Attorney Jerome made an argument in support of Justice Green baums decision.
 Mir Jerome said:
 Such an expenditure as this contri- button, if brought to the attention of the courts, would no doubt have been prohibited 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 it for support to advance the interests of a party to which they are opposed Is contrary to the whole fundamental ethical conception of this community. l thir k that such course must be op- posed by the right minded man."
 MT. Jerome said he would concede that to prove the commission of crime. felonious intent must be established. But, he declared. the expression "felo- nious intent" is one of the most elastic meaning. He added: AS showing the criminal intent a great deal of discre- tion resides in the court. l maintain that it is sufflcent to prove that there was moral evil to prove that there was felonious intent. I maintain that the relator did what was maluminse and that he has been very thoroughly shown to have been a man fully conl- pe.ent to know its meaning"
 Further argument against MT. Per ktn's appeal was made by MT. Inter myer, who said that MT. Perkins. being a vice president of the company and chairman of. the finance committee, was just as responsible for the disburse- ment of money as the president him self.
 Several times during his argument Mir Untermyer was interrupted by questions from Justice Ingraham. Once the justice asked, Does the statute make the receiving of money a crime?"
 "It makes the taking of money a crime. It makes the appropriation of property by others than the owners q crime" was the reply.
 At another time Justice Ingraham asked whether anyone who should get money from a corporation to which he was not entitled committed a crime, MT Untermyer said:
 ''If the person who receives money wrongfully from a corporation stands in the relation of a trustee to that corporation and those interested in it's assets thsn, if there be a criminal in- tent, it is a crime. We claim that there is sufficient proof of criminal intent in this case to justify us in asking that it be submitted to a jury"
 Mir. Delafield of counsel for Perkins also spoke briefly and said that during a period of twenty-five years past near ly every corporation in the state has at some time or other made contribu- tions for some political organization or other.
 Tha rourt reserved decision