| OCR Text |
Show REISER IS STILL AnERJHE BUNCH Bulletin No. 10 of the Repub-HI Repub-HI lican Prohibition League H STILL CONTENDS THAT SM00T WAS A PARTY Takes n Fall Out of the (Jover-H (Jover-H nor for His Message; Other H Contents. H "If two or more persons conspire to H to coininlL a crime or to commit H n:iy net injurious to Uio public morals, they arc punishable by imprisonment In the county Jail not ex-H ex-H ccerllngr one, yenr. or by (Inn not oxcocd- H mp one thousand dollars." Section -1150, H Revised Statutes of Utah. H "No agreement amounts to a M conspiracy unless somn act, besides such H agreement, be done to effect the object B thereof by one or more of tho parties to fiicIi nfneement." Revised Statutes, soc-H soc-H tlon H Illustration; B. T. Hampton entered Into nn agreement with Fanny Davenport j In 1SS5 to keep a house of Ill-fame In Salt H Lake City for the purposo of trapping ccr- H tnln prominent lenders of tho "Liberal" party, and tho evidence showed that the H enld agreement was carried out by run- H n In? said house from June 20 to October H 3, ISSo. This constituted a criminal con- H fiplracy, resulting In the conviction of H Hampton and his sentence to one year In the county jail. I J. Reed Smoot. William MrCarty. Carl A. Badger, II. S. Joseph, members of the "federal bunch" and friends, numbering number-ing seventeen persons' In all, according to testimony referred to In yesterday's bulletin, bulle-tin, met prior to March, 1908, and conspired con-spired and agreed to prevent legislation , prohibitive of the liquor traffic:, by the covornor and legislature to be elected In November, 190S. If It can be shown that the persons Indicated or elthor of them actually undertook to prevent said legislation legis-lation during tho session of the legislature, then they all aro guilty of criminal conspiracy, con-spiracy, and euch of Ihcm, like Hampton, may bo compelled lo serve one year in the county Jail and lo pay a flue of one thousand, dollars. 2. Jacob Morllz, Albert Fisher, Bullcr and W. P Klser, manager Wagner Brewing Brew-ing company, and keepers of over one hundred saloons, owned and operated by said brewers, met In Salt Lake City about the month of June, 1908, according to evidence referred to In yesterday's Bulletin,' Bul-letin,' and conspired and agreed to prevent by the corrupt use of money the enactment enact-ment of legislation prohibitive of the liquor traffic, by tho governor and legislature legis-lature of Utah lo be elected In November, 1P0S. If It can be shown that the persons Indicated actually did raise a sum of money for said purpose, which money was turned over to persons claiming to be able to accomplish the prevention of such legislation and euch last indicated parties actually attempted to prevent such legislation, legis-lation, then each of said brewers and saloon sa-loon keepers Is guilty of criminal conspiracy con-spiracy and may be compelled to servo one year In the county jail and pay a line if one thousand dollars, unless they turn Ftalo's evidence, which may mitigate their condition. 3. Reed Smoot, William 3L McCarty, Jucob Morltz, Albert Fisher and W. P. Klser or Peter Buller, or both tho last-named, last-named, according to evidence referred to In yesterday's Bulletin, mot during the hummer of 190S and agreed and conspired to prevent legislation prohibitive of liquor traffic, by the governor and legislature to ln elected In November. lOR. If it mn Hl bo shown that tho persons indicated, or i either of them acting for the others, H actually undertook to prevent legislation H by direct or Indirect means, then each of H Ihc persons herein indicated Is guilty of H criminal conspiracy, and may be com- H pcllcd to serve one year in tho county jail H on this count alone, Independent of any H others, and to pay a fine of one thousand j dollars. Unlawfully Influencing Legislation. Hj "Every person who - offers 1 . or attempts by menace, deceit, sup- 1 pression of truth, or any corrupt means, j lo Influence a member (of the legislature) 1 In giving or withholding his vote j Is guilty of a felony." Section 4093, Re- vised Statutes, chapter o, "Crimes Against H the Legislative Power." H "Except In cases whore a different pun- H Ishmcnt Is prescribed by law, even' of- H fense declared to bo a felony is punisha- H hie by imprisonment in tho Btate prison 1 i not exceeding five years." Section 40G1, Revised Statutes. , i. Reed Smoot; Joseph Howell, Fred J. Kiesel, Carl A. Badgor. and members of tho "federal bunch." whose names will be H disclosed to tho grand Jury, according to ovldonce refnrrcd to In yesterday's Bulle- H tin. have cither by "menace, deceit, sup- H pression of truth or other corrupt means." 1 attempted lo "influence members of tho H legislature in giving or withholding their votes" in the matter of prohibition legls- H la tlon. and arc therefore. If Bald evidence B Is made good, Individually and collectively guilty nf felony, and may each bo com-polled com-polled to serve fivo years In the state H prison. 1 6. "Every person who corruptly solicits. directly or Indirectly, tho official action of 1 any member of the legislature " 1 la guilty of felony." Section 4097, Re- B vised Statutes. 1 Under this statute, tho relationship of a certain banker In Salt Lake City to-ward to-ward John Y, Smith, state senator of Utah county, according to evidence re- 1 fcrred to in yesterday's Bulletin, will be! BVH carefully Inquired into, and Mr. Smith's attitude and record on prohibition legisla- BVB tlon will he investigated. Also tho attl- tude of a certain appointive power to- ward Senators Marks and Stookcy. Sccly, and the relationship of Smoot, as referred 1 to In vestcrday's Bulletin. 1 6. Senators Marks and Stookcy, "Eve'rv member of either of tho houses composing j the legislature of this slate who asks, re- celves or agrees to receive any BRIBE j upon any understanding that his official 1 vole, opinion, judgment or nctlou shall be 1 Influenced thcrehy, or shall be given In a particular manner, or upon anv partlc- 1 ular side of any question or matter upon , which he may bo required to act In hie official capacity. - Is gulltv of a felony." ticction 1091, Rovlscd Statutes. 1 "The ti'rm 'BRIBE signiflos anv monev. 1 goods, right In action, property, thing of value, or advantage, present or prospect-ive, prospect-ive, or any promise or undertaking to glvr-any. glvr-any. asked, given, or accepted, with a corrupt intent to Influence unlawfully th'' . perKon to whom It Is given in his action. vote, or opinion in any public or official ra parity. "Section 105:5, par. 0, Revised i Statutes. 1 Under this statute, the reported uuder- , standing between Senators Marks and Stookcy and a certain appointive power 1 will be carefully examined and future d- 1 velopmenls in tho matter watched, as in- dloated in yesterday's and previous Bul- H Govoruor's Message. .,",TI,10, governor's special message to the legislature of Mnrch 0. 1909. and Its underlying cause, will be looked into bv Uio grand iur-, as well as hi;; rcsponsl-Mhty rcsponsl-Mhty for the attitude of the Inlermoun-lain Inlermoun-lain Republican, of which h.; Ik i)nsl(J.-nt and hla nttltudo in general on liquor legist latlon at this session or Lhe legislature. 1 , with a view to determining to what ex- 1 , tont he was a beneficiary, mh candidate for governor, of the conspiracies to coin-mlt coin-mlt "crlmeH against the legislative pow-or. pow-or. as defined in chapter 5. title 7,1. Penal Code, Revised Statutes of Utah. S. The Rfpubllcaii .Mtate t-halrman and j hairman of the Salt Lnko cotmtv Rcpul)-. Rcpul)-. Hcan committer will be examined bv tho grand juiy. with a view to nM-crla'lnhig . whether or not any. portion of the funds raised by liquor Interests to tamper with legislation, in violation of chapter 5, title io. Revised Statutes, reached their hands, and what disposition, if any. was mudo thereof. Wo elose herewith the public presentation presenta-tion of evidence for the grand Jury, reminding re-minding our readers of our promise In yesterday's Bulletin "to present to the grand Jury, additional pertinent testlmonv by witnesses of the highest character anil repute in tho state of Utah," We close this Issue with tho following quotation from the Penal Code relating to "Crimes Against tho Legislative Powers:" 'upon tho trial no person, otherwise competent as a witness, shall bo excused from testifying' as such concerning any ofTenso charged under this chapter, on th ground that such person may criminate himself, or subject him to public Infamy, but. such testimony shall not afterward be used against him in any Judicial proceeding. proceed-ing. cx;fpt for perjury In giving such testimony." tes-timony." auction 110.1. Revised Statutes Of Utah, ' , ALBERT S. UEISKK. |
