The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-10-19

undulv the action Of the officer by
the promlsor.
The Law on Rebates.
Il charge, You, however. while
upon this count and it likewise ap-
plies TO the other counts and covers
all Of the propositions upon this point
submitted on behalf OF the defend
ant, and il bears upon the question
of corrupt offer OF promise and evil
intent necessary to constitute a VIOLA
ton of the law here in question, that
bv Section 3S2 Of the Criminal Code,
Of this state, the state recognizes that
it is no crime for the seller Of goods
to pay what are commonly known as
rebates to persons holding offices or
positions Of trust or profit.
''It makes it crime for any state
official to accept rebates for his in
dividual use and not for the benefit
and on behalf of the state; which
means that while it is a crime for
the state officer to take rebates and
not turn them over to the state, it is
not a crime for the seller Of goods
in good faith to pay to the state otfl-
Ger such rebates, as, for instance, if
"a salesman offered a state officer
charged with the duty of buying
goods for the state his goods at the
same price as the price Of all others
who bid for the sale and at prices OF
like goods elsewhere and at the same
time in order to secure the order OF
fered to share his commission on the
sale with the state officer as a re-
bate for the state if he would buy his
goods, not corruptly so offering and
intending the rebate for the personal
use of the state officer, but in good
faith only to push his goods and
earn his commission, he not being re-
sponsible for whether or not the
state officer complied with the stat
ute referred to requiring him to pay
such rebates 10 the state.
"Now, T read you the section. gen.
tlemen, upon that point, Section So2.
Breads section.) This section shall
not apply to officers in accepting re-
bates for their own personal use but
for the benefit and on behalf OF the
state. With this statement OF the
law, and as to the modification OF the
9th and 10th requests Of the defend
ant. shall proceed. They will not
be otherwise directly charged or re-
fused unless I am requested to do so
specifically and to qualify them each
separately.
Bribery at Common Law.
",We pass then to the 2nd and 3rd
counts of the indictment, which have
in different forms charged the same
offense,to wit: bribery at common law,
the general definition of which Of
Tense is:
"The corruptly offering, soliciting
or receiving Of any undue regard as
a consideration for the discharge OF
any public duty.' And by undue
reward is meant any pecuniary ad-
vantage, direct or indirect, beyond
that naturally attached to or growing
out Of the discharge Of the duty, OF
as otherwise defined: bribery IS the
voluntary giving or receiving of any
thing Of value in corrupt payment tol
an official act done or to be done. "
As it is a crime to take a br1be 1t Is
clearly also a crime to give one tor
the offenses are similar. The theory
of our government is that all public
Offices are stations Of trust and that
those clothed with them are to be
actuated in the discharge Of their du-
ties solely by the consideration OF
right and justice to the public good
and any serious departure from the
line Of rectitude in this behalf and
any corrupt attempt tending to pro
duce such departure is public
wrong.
"Now, as to those two counts, the
2nd and 3rd, they do not charge sep
arate ofenses but the same ofense
with different degree OF particular
ity. That is, the State charges the de-
fendant with a greater degree OF par,
ticularity in the 3rd than in the End
the object being that failing to prove
the more particular allegations sci
out in the 3rd it may yet prove the
particular allegations set out IN the
End as to constitute the charge OF
bribery at common law.
$50 while at this point 1t may be
we'll to state to you here and be done
with that, that while you cannot tinc
verdict upon the End and 3rc
wan