Commonwealth v. Swallow

• Decision Date: 21 November 1898
• Docket Number: 21-1898
• Citation: 8 Pa.Super. 539
• Parties: Commonwealth of Pennsylvania v. Silas C. Swallow, Appellant
• Court: Pennsylvania Superior Court

8 Pa.Super. 539

Commonwealth of Pennsylvania v. Silas C. Swallow, Appellant

No. 21-1898

Superior Court of Pennsylvania

November 21, 1898

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Argued March 9, 1898

Appeal by defendant, from sentence of Q. S. Dauphin Co., March Sess., 1897, No. 69, on verdict of guilty.

Indictment for libel. Before Simonton, P. J.

It appears from the record and the evidence that the defendant is the editor of the Pennsylvania Methodist, a paper which for a number of years has been published weekly in the city of Harrisburg, __ Pa. __, under the auspices of the Central Pennsylvania Conference of the Methodist Episcopal Church. In the month of February, 1897, the general assembly of the commonwealth was in session in that city, and in the issue of the paper for February 25, 1897, the following article appeared editorially in the Pennsylvania Methodist:

" An Investigation That Would Investigate.

" If the State officials are in earnest, and really desire that the tax-payers shall know what has been and is being done with their money. Here is a plan.

" A resident of Harrisburg, who is responsible for what he says, will furnish evidence hereinafter described, on the conditions which follow. Let the Legislature pass an act constituting a Court of Inquiry thus: It shall consist of twenty-five business men or farmers living near enough to the Capitol to render traveling expenses a minimum amount, other conditions being complied with. They shall be men over fifty years of age, who have never held a State office and are not known aspirants for official position. Five shall be appointed by the Mayor of Philadelphia, two each by the Mayors of York, Reading, Lancaster and Williamsport, and one each by the Mayor or Chief Burgess of Lebanon, Pottsville, Carlisle, Chambersburg, Lewistown, Sunbury, Shamokin, Lewisburg, Milton, Danville, Bloomsburg and Huntingdon.

" They shall confine their work to thirty working days, be allowed five dollars a day for their time when on duty, and not to exceed four dollars a day as per bills rendered for all other expenses including board and travel. These expenses shall be paid by the State unless otherwise provided.

" The court shall have access to all books, papers and accounts, and be empowered to send for persons and papers.

" The Harrisburg Citizen, above referred to, proposes to secure an affirmative verdict by at least a two-thirds vote of the Court of Inquiry, on two-thirds of the counts in the following indictment, or failing to do so, will pay all the expenses otherwise to be paid by the State, and will give acceptable bonds in the sum of $ 25,000 to secure such payment.

" He proposes to furnish evidence to prove:

" 1. That persons have been paid money out of the State Treasury who rendered no service to the State therefor, and in some cases made no pretence of service except as politicians serving their party.

" 2. That for services rendered the State, persons have been asked to sign receipts for two, three and even four times as much money as they actually received.

" 3. That new metal furnishings have been paid for by the State, but old ones in use by the State carried into the state house cellar cleaned and returned were made to personate the new ones paid for.

" 4. That articles have been furnished for the Soldiers' Orphans' Schools that cost the State eight fold more than reliable bidders were willing to furnish the same articles for.

" 5. That in the purchase of materials and labor, for making additions, alterations, repairs and refurnishing the Capitol buildings, and cellars and grounds, also for the Executive Mansion, and now for Grace Church, the State has lost many thousands of dollars as the result of an unfair system of competitive bidding. In other words, that the cost to the State has been two, three, four, and as high as eight times in some instances as much as it should have been, and that not all of this money went to the persons furnishing the materials and labor, and further that at least some of the Board of Public Grounds and Buildings custodians have guilty knowledge of this excessive cost.

" 6. That the act of 1895 by which the Governor, Auditor General, and State Treasurer constitute the Board of Commissioners of Public Grounds and Buildings, having control of repairs, alterations and improvements, and expenses incurred, including furnishing and refurnishing, is corrupting in its tendencies, pernicious in its results, and has already cost the State at least one hundred thousand dollars more than the same improvements, etc., etc., should have cost under some other system of management.

" 7. That the remonstrances which, two years ago, poured into the Governor's hands from the patriotic orders of the state, against the appointment of the present incumbent of the office created by the above act of Superintendent of Public Grounds and Buildings were well founded.

" 8. That the burning of the Capitol building, by which the State lost over one million dollars worth of valuable property, if at all accidental was also in a sense incidental. That the possibilities and even probabilities of a fire had been for some time discussed by employes of the State. And further that there is convincing evidence of criminal carelessness and neglect on the part of the State House Custodians.

" That valuable furniture and furnishings bought for the State are now in use in private homes without any compensation for the same having come to the State.

" The Citizen who proposes to furnish the testimony named, on the conditions named, will suffer the severest penalties of the law rather than summon his witnesses before any committee or court of inquiry, which is the creature of a body whose vote is controlled by one man, and he an intensely interested party.

" The name of the Citizen of Harrisburg, above referred to, will be furnished the Governor, together with the bond of indemnity, immediately on his signing the bill creating the Court of Inquiry, at the office of the Pennsylvania Methodist.

" We herewith respectfully challenge the execution of the threat of certain politicians, to wreck the Pennsylvania Methodist, and to destroy through the partisan press the reputation of its editor, if he permitted the use of his columns for publishing the foregoing statement."

The prosecutor is the superintendent of public grounds and buildings appointed by the governor. An information upon his oath was made on February 26, 1897, before the mayor of Harrisburg as follows: " J. C. Delaney being duly sworn according to law doth depose and say that he is superintendent of public grounds and buildings, appointed by the governor of the state of Pennsylvania, and confirmed by the senate of Pennsylvania; that as such he has charge of the public grounds and buildings and has custody of the personal property, and has charge of the purchase of supplies for the various departments and is charged with all the duties defined in an act of general assembly of the commonwealth of Pennsylvania, entitled an act relative to the public grounds and buildings, and so forth, approved the 26th day of March, A.D. 1895, P. L. 22, and among other things it is his duty under section 11 of said act to examine all bills on account of contracts entered into under the provisions of said act and to ascertain whether the same are correct or not, and to certify that the materials have been furnished or that the work or labor has been done in accordance with contract and so forth.

" That under the law the purchase of new metal furnishings by the state would have to be approved by deponent and certified to be correct. That the said S. C. Swallow is the editor and publisher of a paper called the Pennsylvania Methodist, and that the said S. C. Swallow did on the 25th day of February 1897, publish the following false, scandalous and defamatory libel of and concerning this deponent in the words following:

" 'That new metal furnishings have been paid for by the state, but old ones in use by the state carried into the state house cellar, cleaned and returned were made to personate the new ones paid for.

" 'That the remonstrances which, two years ago, poured into the governor's hands from the patriotic orders of the state, against the appointment of the present incumbent of the office created by the above act (meaning the said act of 1895), of superintendent of public grounds and buildings, were well founded.

" 'That the burning of the capitol by which the state lost over one million dollars worth of valuable property, if at all accidental was also in a sense incidental. That the possibilities and even the probabilities of a...