THE GAME OF POLITICS AS A CRIMINAL CONSPIRACY. By Archibald R. Watson. THE candidate and the political boss, now, as well as at all times of activity, excitement and manipulation in political circles, will do well to exercise a certain amount of discretion and circumspection in their deals with each other, or what is re garded by most such as a legitimate part of the game of politics, may, before the parti cipants are well aware of it themselves, de velop into an offense of a nature no less grave than that involving the perversion and obstruction of public law and justice, — and of a name no less suggestive of death or dungeon as a punishment than that of "criminal conspiracy." A very few years ago, a candidate for the office of Commis sioner of Public Works of the City of New York was, with his co-defendant, declared to be guilty of conspiracy on account of a compact between the two, by which the candidate, in order to secure the influence of the other, to the end that he might ob tain the desired place, agreed, if he did obtain it, that the office should be con ducted in all respects according to the wishes and secret dictates of the man of influence.1 A letter alleged to have been written by the candidate to his " associate in crime " was introduced in evidence, and relied upon by the prosecution, the terms of which assuredly promised a very complete subservience on the part of the office-seeker to the will of the person upon whose in fluence he relied for success. The letter was as follows : — •-New York, December 26th, 18 — . " Esq. "Dear Sir: "In consideration of your securing not less than four County Democracy aldermen who shall vote for my confirmation as Commissioner of Public Works, in the event that the Mayor shall send in my name for that office, I hereby agree to place my resignation as 1 People v. Squire, 20 Abb. New. Cas., 36S.
commissioner, in case of my confirmation, in your hands whenever you may demand the same, and further to make no appointment in said office without your approval, and to make such removals therein as you may suggest and request, and to transact the business of said office as you may direct. •• Very truly yours, ,,
_
In this case the combination appears more than ordinarily corrupt, by reason of the fact that the person who it was designed should secretly manage and control the office was ineligible to it himself, as being a contractor, whose business it was to pro cure and execute such contracts as might be awarded him by the Board of Commis sioners. Under such circumstances the in dictment, it seems, justly charged that the undertaking was " to the manifest perver sion and obstruction of the due administra tion of the laws, to the pernicious example of all others in like case offending against the form of the statute in such case made and provided, and against the peace of the people of the State of New York and their dignity." The crime of conspiracy at com mon law is of a peculiar nature, involving, as it does, almost metaphysical considera tions, — the mere agreement between the confederates constituting the offense, with out any execution of intent whatever. In New York, and other States, some " overt act" is required by statute, though it is not at all necessary that the object of the con spiracy should be accomplished, or even that the overt act should have any practical operation in the furtherance of the joint purpose. In this condition of the law, there fore, an unsuccessful candidate might have disgrace added to disappointment, in the way of a conviction for conspiracy, in which event he would doubtless consider himself a much abused person; or the elation of the successful candidate might be transformed
