The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-10-27
Concerning . Certain Sort Of Ante
Election Promise.

The New York Times Of September
% contained this report Of IN incident
ut n hearing before the subcommittee
Of the Tax Budget Committee on the
day previous:
"Under sheriff FRANK n BOWERS. who
Is a candidate for the Republican nom.- ,
nation for sheriff, was present. and Mr..
GILBERT counsel for Sheriff GRIrEN-
HAGENl said hat " Mr.. BOWERS was
elected he would turn the 100000 fees
into a conscience fund and later have 1t
revert to some city fund, providing the
Legislature did not abolish the fee sys-
TEN altogether.
"Tf Mr.. BOWERS IL elected said Mr..
GILBERT. his $50. 900 fees will go to the
county. but then Mr.. BOWERS must be
protected against loss by suits. Mr..
BOWERS will not accept these fees even
II the law abolishing them is not passed.
mir. BOWERS spoke up and said that
the Sherifrs salary Of SIC, 900 was quite
enough for him"
The New York Tribune OF Septem-
her % printed the following version
Of the same ante-electiOn promise:
"Under Sheriff FRANK X. BOWERS said
yesterday that II elected Sheriff. for
which he is the Republican candidate,
he would turn all the fees, estimated at
100000 a year. over to the county. Not
only does the sheriff under the present
law get these fees, but also a salary OF
$4,000 a year The salary would be
quite enough for him"
The Penal Law with regard To the
elective franchise provides AS follows
In Section 16I
AN person who directly or indirectly
BY himself or through any other person
In connection with or In respect of any
election pays. lends or contrib
utes, or Offers or promises to pay. lend
or contribute any money or other valu-
able consideration, for any other pur-
pose than the following matters and
services at their reasonable. bona fide
hnu custoliLtTH NaIue IL suhtS oi Il ims-
demeanor."
Then follows the list of purposes,
rent Of halls and compensation Of
speakers. printing. fireworks, and ~
on, for which il is legal to pay, lend.
contribute. or to promise to pay. lend
or contribute. The promise by "a can
alfalfa ia .nntrilptn Il, ,n,a ~ nlAp-
fion, his salary. or emOluments. or
any part of the silne in order to re.
duce taxation is not covered by this
list Of legitimate purposes.
In Section 7GS Of the Penal Law
there is Il still broader and severer
inhibition Of promises designed to at
tract votes by the offer of considers
tion for the franchise:
".Any person who directly or indirectly,
BY himself or through any other person
II. Pays. lends or contributes, or Of
fers or promises to pay, lend or contrib
ute any money or other valuable con-
sideration TO or for II voter or 20 or
for any other person. TO induce such
person or other person TO vote or re-
frain from voting at any election, or tu
induce any voter or other person to
vote or refrain from voting at such
election for any particular person or
persons or
80. Gives, offers or promises any : . .
valuable thing as an inducement for
800. 81. oel.N -.Saz,, =, -,,,.. 80.
aid In procuring a large or a small vote
plurality or majority at any election
d strict or other political division OF the
State for a candidate or candidates I,
b. voted for at an election
els guilty OF a felony, punishable by
Imprisonment for not more han fv,
years. and in addition ~forfeits any offict
10 which he may have been elected a
such offence was committed, and be
comes incapable of holding any publi'
office under tue Constitution and laws o
the state for a period OF five years afte
such conviction"
The promise to pay valuable con
sideration in the form Of a return II
whole or In part of salary or fees. 70
the tightening Of the burden Of taxa
lion in general. and In particular tn
burden upon the voter Influenced b!
the promise, clearly cOnies within tn,
language Of the Penal Law regarding
illegal Inducements to the voters.
Whether this form of bribery woul'
lie hela 10y the courts MS cOnstitutini
n misdemcanor under Section 767 %
II felony under section T6S IL u que,
ton for the lawyers.
That such promises are criminal
NOT merely against public policy In
actually criminal even under The con
mon law--was declared by the Su