Year: 1872

Could legislators, accused of bribery or
other oflcnses, bo expelled from one LcSis-
lature on conviction of having commit
ted these offcnses in former one
1t is possible that the question may bear n
present application to the Legislature now
in session, but we prefer to consider it
on abstract grounds; and we insist
that the decision shall be wholly inde-
pendent of any personal considerations. John
Doe may or may not be justly amen
able to the charge of bribery we demand
that the question whether bribery can he pun
ished shall be settled without reference TO
whether it shall make or mar John Does for
tunes.


We suppose the object of any law
against bribery or similar crime to
be twofold,-to punish the crime, and
to keep the Legislature pure. Courts
NAV do the one ;-nObody but the Legisla-
ture can do the other Why. then, should
the fact that the Offense is thirteen
months instead Of one month old tend to
make the offender q fit legislator If a
Legislature cannot punish offenses against a
former one, it can preserve its own purity.
Equity, if not law, would seem to re-
Guire that the legislator once convicted OF
accepting bribe, if unfit for membership in
! the body which he thus dishonored, would
! be unfit for membership in any similar one


But fortunately the matter is not left with
! out express law and, as the statute seems tc
have escaped general notice, we bcspeak at
tention especially to the second of the follow
ing sections. We quote from the laws OF 1888
ch. $50:


SEC. o. Every person who shall promise, offer. give
or cause or aid abet, in causing to be promised
offered or given or furnish, agree TO furnish. IL
whole or in part to the Governor Leutenant-GOv
ernor or to any member of the Senate or Assembly


this state after his election such member aud eithe
before or after he shall have qualified and taken hi
scat or to any clerk or other officer OF the Senate
Assembly TO any Commissioner of the Land Oice, or
the Canal Fund, or any Canal Commissioners or Cana
Appraiser 70 the Controller, Surveyor General, Statt
Engineer and Surveyor Secretary of State, Attorney
General or superintendent Of the Banking Department


TO any Judge of any Court Of Record or to any judca
officer Whatever, to any member OF the Common Counci
or corporation Of any city in this state or TO any mayor
Recorder Chamberlain Treasurer Controller OF sucl
cv or TO any officer Of such city Of any department
Of the government thereof any money, goods right II
action or other property any thing Of value, or any
pecuniary or other individual advantage, present O
prospective with intent to influence his vote opinion
Judgment, action, upon any question: matter cause
or proceeding which may be then pending or may by
|
upon such conviction, be imprisoned in State Prison
not exceeding ten years. shall be fined not exceeding
five thousand dollars both in the discretion of the
Court.


SEC TO- Every officer in the last section enumerated
who shall accept any such gift thing Of value or al
vantage or any promise or undertaking TO make fur
ui,b the same under any agreement understanding
that his vote opinion judgment, action shall be niiu
eDced thereby or shall be given in particular man
ncr or upon any particular side Of any question: matter
cause or proceeding then pending, which may by law
be brought before him his official capacity, who
shall directly indirectly demand. require, propose tt
receive receive entertain any negotiation or prOpo
son for any such gift thing OF value, or advantage as


consideration or motive for his official vote action OF
influence shall upon conviction, be forever disqualified
from holding any public Office, trust, or appointment
nnder the Constitution laws OF this State shall forfeit
bs Office and shall punished by imprisonment in the
State Prison not exceeding two years or Oy fine moi
exceeding ve thousand dollars, both. In the discre
| tion Of the Court.


We submit that this overlooked statute
concludes the question. Whether courts
convict OF bribery or not, the Leg
islature is the judge of the quaifi-
cations of its own members and is constitu-
tionally bound to enforce them. Accepting
brides, by whatever tOrtuous indirection
concealed, is, nevertheless. permanent
disqualification. Shall we punish Tweed the
| briber and suffer one out of the venal crowd
he bought like sheep in the shambes to sit in
the Reform Legislature that is to repudiate
him and undo his works