Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-06-16
Peter G. Thomson Must
Stand Trial on indictment.
WRIGHT'S RULING
Holds Zantzinger an Official Within
Meaning of Law.
GIFT OF HUNDRED DOLLARS
Alleged to Have Been Made to In
fuence Inspector of Postal
Card Paper.

Peter G. Thomson of Hamilton. Ohio.
president of the Champion Coated Paper
Company. must stand trial on the indict-
ment returned against him last October
charging the bribery of Maj. W. p Zant-
Finger, postal card agent for the Post Of
flee Department. by sending him 500
after the agent had rejected certain paper
furnished by the company under con-
tract for postal cards. Justice Wright Of
the District Supreme Court today over
ruled demurrer filed by Thomson,
through Attorneys Ellis & Donaldson.
The court held that person acting in
any official function is the object of
bribery under section S61 of the code,
and as the indictment charges Zantzinger
to have been a person in fact so acting
makes. together with its averments upon
the other essentials of intent and the CIV
ing of a thing of value complete accu-
sation Of the offense of bribery under the
statute
Justice Wright's Opinion.
Justice Wright in his opinion says:
Zantzingers official duty yet the de-
fendant comedies that the affirmative
statutory law vested somewhere the of
fetal function of inspecting postal card
paper.
ut is only material to show that some
tribunal or other no matter who, wheth-
er Zantzinger, the purchasing agent, or a
board, was by law charged with the
official function of inspecting, accepting
or rejecting the paper. Because if some
official authority was charged with this
tion,' and IL Zantzinger was in fact dis
charging this official function, he was a
person acting in an official function as
described in section s61 of the District
Code, although he was not, as matter of
law. de jure officer in dischargine that
official function.
THE averments which the indictment
contains with respect to the intent which
by section S61 are essential to the crime
of bribery, are ample.
In Position to Defraud.
Assume that the person who was in
fact Inspecting. accepting or rejecting the
paper was not strictly an Official yet
is he not in a position to defraud the
United States? Assume, moreover. that
that person in fact agreed for a money
consideration to be paid him by the de-
fendant to accept paper which ought to
be rejected; that in pursuance of such
an agreement some such paper was in
fact accepted and made into postal cards
by the United States; could there be any
doubt but that the two would be guilty
of the offense of conspiracy to defraud
the United States as defined in section
81 of the Penal Code? 1t would not
lessen the criminality Of the conspiracy
that the inspector only thought he was
a de jure officer instead of being one;
he would be guilty nevertheless II he
could be guilty of this offense of con-
spiracy without being an officer. why
might not Congress punish for bribery
one who by a money gift invited him.
although unsuccessfully, into such con-
spiracy? This. 1t seems to US. Congress
has advisedly undertaken to do by the
phrase any person acting in any official
function
The authorities relied upon by the
defendant interfere in no way with
this conclusion. as their analysis will
show.
Another Inspection Pending.
"The Indictment seeks to charge
Thomson with bribery. 1t AYERS that
the public printer. on behalf of the
United States. entered into a contract
with the Champion Coated Paper Com
pany for the supply to the government
of paper for postal cards; that during
the execution of the contract w. r.
ZantZinger the postal card agent for
the Post Office Department, inspected
the paper on behalf of the United
States; that he had rejected some of
il, and that thereafter while another
inspection by him was pending the de-
fendant. who was president of the
Champion Coated Paper Company. sent
to Zantzinger. through the mails, one
hundred dollars tSlW). with intent to
influence his decision and action in re-
spect to his inspection and approval of
the paper"
United States Attorney Wilson and
Special Assistant j. c. Adkins repre-
sented the government.