Weekly Arizona journal-miner., 1908-05-20
BRIBERY CHARGES
 THROWN OUT OF COURT
Friends of Judge Norris Regret He Is Not Given Chance to Prove
 His Innocence.
(From Wednesdays Daily.)

made. As far as the petitions were concerned, that is unimportant, be. cause the board had Jurisdiction ,o act without petitions before it. If the interpretation given by the defense to section 16l is a fair construction, it snould be written entirely out of the statutes, for it Is an open aid Co the corruption of supervisors, where a re. sgnation is before the board, and it would bc no crimc under the law. In conclusion, I ask the Court ,o give a fair and reasonable construction of the statute to tho end that the purposes of the law may bc upheld and that no one may go unwhipped of justice. The contention of the defense is supcrla. lively technical and if the Court sus. tains it, it would nullify the statute" ]"
 John Mason Ross, associate counsel for the defense, briefly argued that if any offcnsc had been committed, it fell within the provisions of section so of the Penal Code.
 Attorney Ling, leading counsel, closed
 the discussing by saying: "I take it
 that tho court has already sufficient in. formation before it to decide this ease.
 We are appealing ,o the court solely
 on questions of law and are not play
 ing to the gallery"
 The Court in sustaining the demur.
 rcr. reasoned in these words:
 "Thc demurrer raises a number of
 questions. and the indictment is at.
 tackled in several particulars. Now,
 the Court will assume that the District
 Attorney has pleaded the facts. mean those facts which are of record, as they
 arc. Tho long c.pc.icuc and ability
 of the District Attorney would pre-
 cludc the idca that these facts are not
 pleaded as tho record may disclose them to he. Under these facts Il
 would appear that there are number of points upon which demurrer migd
 well lie. Assuming that section l6f ap plies to this class of cases, however
 there is one point which seems to tho
 court to bc the important point in it'
 construction undcr il,e provisions oi section l6l. Now, II must he horne
 in mind. first, that the Court has nc
 legislative powers, particularly in th'
 construction of penal statutes, Th'
 Court must give a strict construction t'
 such statutes. II may not enlarge taen in any matter if even public interests mnv seem to demand it. It is the dut,
 of the Court to construc n penal stat utc strictly according to its terms "'Now, section l6l reads: Ever
 ncrsop who gives ar offers bribe ( , any member of any common counei . board of supervisors or board of tru' 1. tees of any county. city, public school 2 or corporation. with intent to corrup' I ly influence such member in his actlo
 on my matter or subject pending b' for, the body of which he is men . her. and every member of either of th bodics mentioned in this section wh . receives ar offers to receive any sn' a bribc. is punishable by Imprisonment r inc territorial prison for term nc n less than one nor more than fonrtc' ,. wears and is disqualified from hold'n s any office in the territory
 |. "Tbc statute k a general one s applics not only to boards of supervi |. ors but also to cOuncilmcn of GU" [. boords of trustees of county, ei' n public schools. or pubic corpofa''o if ycnorally. Hence it does not foiio is that the statute does not have w'' "A apnlication, even if it he construed n this particular case to cScinde '"e '' d. made by the indictment " "Thc question, therefore "neth'' n. this statute applies to this kind or ea' in ease is made under it, IS to be he''
 mined from the fact whether or not | ss facts alleged show that there was ne matter or subject pending b'iore ' 10 hoard of supervisors at the time th' ,n ,eged bribe was given which was n. tended to be affected by the giVing n tho bribc. Now, under the facts p'ea If. cd if was the vote of the superV's Id in the matter of the appointment to of the vacancy in the office of p'slr'ct ed torney which was sougoi' 'n"'' or seems to me clear to be the ""'' n which was pending before the board 10. supervisors and the only matter w"' mt could have been pending beior' ip. hoard of supervisors which could "' ,at been affected by the vote of the sup ,a. visor. Now, the resignation H It's tbinp and the filling of the vacancy A another did not follow the p'S'' a Attorney in his argument i"gen'' m. though it be, and which was p"e' me with great force and ability '"''