Omaha daily bee., 1906-03-31
PERKINS CASE IS ARGUED
Justice nm Reserves Decision After
lg Views Of Lawyers.
.<JlNT OF LAW IS INVOLVED
Jerome Contends that Campaign
Contributions ny Corporations
Are immoral and
Criminal.


of George w. Perkins, former vice presi-
dent of the New York Life Insurance COM
pany. who is charged in a warrant issued
by Magistrate Moss with the larceny of
SiS,7O2 belonging to the policyholders Of the
New York Life, which he advanced to
Cornelius n. Bliss, treasurer of the re-
publican national committee, were made
today before Justice Greenbaum in the
state supreme court Decision was re-
served. Briefs will be filed Monday by
ccntending counsel and then Justice Green
bsum will take the matter Of tho legality
OF MIR. Perkins arrest under advisement.
District Attorney Jerome argued for the
prosecution and former Judge william n.
Cohen and Lewis Delafeld appeared for
the defendant Justice Greenbaum took
the liveliest interest in the argument ard
cor stantly interrupted the lawyers with
pointed questions. Mr.. Jerome said that
criminal intent. according to legal authori-
ties, was to appear from all the circum-
stances of the case.
''The question here" he continued. 'is
as to the right of Mr.. Perkins to pay the
money of the pollcyholders TO a political
organization for the purpose OF influencing
the results OF certain political matters at
the polls. This is very far from being
case where there ia absence OF moral
guilt or turpitude. Shall the officers OF
corporation or single officer take the
money OF the pollcyholders, take your and
my money, and give 1t to a political party?
say that such an act is inherently wrong
whether it is prohibited BY law or not
l say that it is contrary to public policy,
contrary to public morality and contrary
as well to private morality and common
decency. Half of the policyholders may
money to assist the Republican party GER
! tainly goes to the establishment of felon-
ious intent"
| Justice Greenbaum asked: "If you main
tain that this was an Illegal act. under
what classification do you put it7'
Illegal and immoral.
Mr.. Jerome replied: II think that the
payment was both illegal and immoral.
claim that 1t was both and that II was
criminal
Drawing a parallel in justification of the
payment of money to the republican cam
paign committee Judge Cohen said, that
President John A. Mccall of the New York
Life Insurance company had at different
times directed the payment of large sums
of money for the relief OF the Johnstown
food sufferers. and for use in a yellow
! fever epidemic in New Orleans. These pay
ments may have been outside the vested
/ authority OF the president, he said. but
surely not illegal. certainly very far from
criminal
''Mr. Mccall" he said, 'held great funds
lin his possession and he used them for
public benefits. He believed sincerely that
\ when he directed the payment OF this
money to Mr.. Perkins he was acting for the
best interests OF the pollcyholders Of his
company. Outside OF his vested authority.
perhaps. but not Illegal, certainly not Grim
] inal."
! IT was then explained to the court that
Mr.. Perkins had advanced his personal
funds to Mr.. Bliss and had been repaid
months afterwards by the New York Life.
rs It common sense asked Judge Cohen,
ito charge a man with having stolen from
another when he IS repaid his own?"
Mr. Perkins believed he was doing the
best thing for his company and 1t is at his
request that ! make this further state
ment. In saying that he acted throughout
under the direction of Mr.. Mccall, Mr.
Perkins has not the slightest idea OF at
tributing to Mr.. Mccall any except the
highest motives or any wish or idea ex-
cept 10 protect the interests of the policy
holders. Judge Cohen argued that none OF
the code definitions OF larceny applied to
Mr.. Perkins case. When he read the clause
dealing with improper payments by officers
OF corporations having control of such pay
ments. Justice Greenbaum asked:
Narrow View of Inv.
'Do you mean to claim that vice presi-
dent OF a corporation cannot be said to be
an oficer having control Of funds within
the meaning OF tile statute that the only
Z -
draw the ehecks?"
81 think that is the meaning Of the law"
replied Judge Cohen.
so narrow as that?" commented Justice
Greenbaum.
II think the purport of the law is as SEN
sible as that" rejoined the lawyer
Justice Greenbaum then asked whether
Judge Cohen thought that his Interpretation
would shield from conviction of larceny
an oficer who accepted money wrongfully
given to him or paid to him by check by
an officer having that authority. Justice
Cohen said that If criminal wrongdoing
was charged II was covered by other pro-
visions Of the penal code. but he main
tained that Il would not be larceny under
the code. Justice Greenbaum remarked;
Il merely wished fully to understand
your contention"
4~altl ne GAA1s
"A mans motive may be perfectly good.
and yet he may be guilty Of crime"
Motive and Intent.
Judge Cohen replied that there is a dis
tinction between motive and intent and
he declared that criminal intent is essen
tial in proving the commission OF crime.
During Mr.. Jeromes reply to the argu-
ments for Mr. Perkins Justice Green
baum asked
do you maintain that IL is unlawful
20 contribute the funds OF a company for
such purpose as is covered by this case?''
The money Of the licyholdeTs?-yes. %
replied the district attorney.
But do you say that Of contributions
from any sort of company"
"Oh, as 10 limited liability companies,
when a father ana members OF his Family
are the only stoekholdsrs-no." said Mr..
jerome. "But with any great corporation
or trust company, ! say It is immoral I'm
the highest degree to divert its funds with
out the consent Of every party in interest &"
Have you any authorities TO submit In
support Of that view-any authorities re-
lating 20 any similar acts OF gifts, 10 other
than political Organizations?'
Il have not; We have searched diligently,