People v. De Lano

• Decision Date: 13 October 1947
• Docket Number: Nos. 61,62.,s. 61
• Citation: 318 Mich. 557,28 N.W.2d 909
• Parties: PEOPLE v. DE LANO et al.
• Court: Michigan Supreme Court

318 Mich. 557

28 N.W.2d 909

PEOPLE

v.DE LANO et al.

Nos. 61, 62.

Supreme Court of Michigan.

Oct. 13, 1947.

Appeal from Circuit Court, Ingham County; John Simpson, judge.

Carl F. De Lano and another were convicted of criminal conspiracy to corrupt the Legislature, and they appeal.

Judgment affirmed.

Before the Entire Bench, except CARR, C. J.

Frank L. Blackman and Blackman & Blackman, all of Jackson, for Carl E. DeLano, appellant.

Edward H. Kennedy, Jr., of Detroit, for Mihkel Sherman, appellant.

Eugene F. Black, Atty. Gen., Edmund E. Shepherd, Sol. Gen., of Lansing, H. H. Warner and Victor C. Anderson, Asst. Attys. Gen., and Richard B. Foster, Sp. Asst. Pros. Atty., of Lansing, for plaintiff-appellee.

SHARPE, Justice.

Defendants, Carl F. DeLano and Mihkel Sherman, were tried, convicted and sentenced under an information which charged them with a criminal conspiracy to corrupt the legislature of the State of Michigan.

The information under which the above named defendants were convicted reads as follows:

‘Victor C. Anderson, Prosecuting Attorney for the County of Ingham, for and in behalf of the People of the State of Michigan, comes into said court in the January term thereof for the year 1945, A.D. and give the court to understand and be informed:

‘That heretofore, to-wit: on the 1st day of January, 1939, and on divers other days and times between that time and the 1st day of July, A.D. 1939 at the City of Lansing, and in the County of Ingham aforesaid, Mihkel Sherman, Max Rosenfeld, Ernest W. Alden, Harry E. McKinney, Clayton R. McKinney, Martin W. Hildebrand, Carl DeLano, Edward J. Walsh, William Buckley and Francis Nowak, did unlawfully and wickedly agree, combine, conspire confederate and engage to, with and among themselves, and to and with each other, and to and with certain members of the legislature, and to and with divers other persons to me unknown, wilfully and corruptly to affect and influence the action of the Legislature of the State of Michigan, the Senate, and House of Representatives, and divers members thereof, in the consideration of and action on certain proposed legislative measures then and there pending in and before said Legislature, Senate and House of Representatives, to-wit:

‘SENATE BILL No. 269, being ‘A bill to provide for appointment of a board of examiners in naturopathy, and for the examination, regulation, licensing and registration of practitioners of naturopathy, and for the punishment of offenders against this act,’ and divers other measures and bills then and there pending in and before said legislature, the Senate and the House of Representatives, by then and there offering, tendering, promising, giving and receiving of bribes, money, and other things of value; and by promises to accept and receive such bribes, money, and other things of value; and by the actual giving and receiving of the same, he, the said Carl DeLano, being then and there a duly elected, qualified and acting member of the Senate of the State of Michigan; and Edward J. Walsh, William Buckley and Francis Nowak, being then and there duly elected, qualified and acting members of the House of Representatives of the State of Michigan; and it being then and there the duty of said members of the said Senate and of the House of Representatives to refrain from accepting of the promises of bribes, bribes, money, or other things of value, made, offered, or given for the purpose or with the intent of influencing such members in the performance of their official duties and particularly in the consideration of and action on bills and proposed legislation pending before such legislature, Senate and House of Representatives, and they, the said Mihkel Sherman, Max Rosenfeld, Ernest W. Alden, Harry E. McKinney, Clayton R. McKinney and Martin W. Hildebrand, being then and there interested in the proposed legislative measures aforesaid, and in other measures then and there pending before said legislature, Senate and House of Representatives, and it being then and there their duty to refrain from the making of promises, the offering, tendering or giving of bribes, money, or other things of value whatsoever to the members of said Senate and House of Representatives, or to any one of such members for the purpose and with the intent of influencing said members of the Senate or the House of Representatives of the State of Michigan, or any of them, in the performance of the official duties of such members, and particularly in the consideration of and action on the proposed legislative measures aforesaid, or any bill or proposed legislation pending in and before said legislature, Senate and House of Representatives, nevertheless well knowing their respective duties aforesaid, said defendants, and all of them, did corruptly, dishonestly, fraudulently, and illegally engage and participate in said conspiracy and confederate as aforesaid, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the People of the State of Michigan.'

Because of the nature of the charge and the reasons and grounds of appeal, we deem it advisable to give a detailed statement of the history of the case. Sometime during the year 1937 Dr. McDonald of Benton Harbor, Michigan, together with others undertook to rejuvenate the American Naturopathic Association of Michigan, hereafter referred to as A.N.A. It was deemed advisable to interest chiropractors in the association. Harry Williams was employed as an organizer to go about the State of Michigan and procure members for the A.N.A. On May 22, 1938, a meeting was held in the city of Battle Creek, at which time a board of directors was elected. Mihkel Sherman and Martin W. Hildebrand were elected members of the board of directors. Sherman was elected president and Hildebrand was made chairman of the finance committee. At this meeting, the by-laws were amended to bring their corporate structure up to date and thereafter meetings were held in June and October of 1938 for the purpose of carrying out the intentions of the persons interested in the subject of Naturopathy. Sometime prior to December 1937, the members of the A.N.A. decided to employ the services of a lawyer to draft a bill for the legislature legalizing the practice of Naturopathy. A committee was selected to formulate such a bill and submit it at the session of the legislature in 1939.

It also appears that sometime during the month of December 1938 arrangements were made with Senator Baldwin to introduce the proposed naturopathic bill and about this time Harry R. Williams, as organizer and secretary of the A.N.A., came to Lansing, obtained a room in a local hotel and proceeded to carry on his activities as a lobbyist for the A.N.A. During the month of January 1939, Williams learned that Senator Baldwin would not introduce the bill. Whereupon, arrangements were made with Senator Burhans to introduce the bill, but he became ill and was unable to take care of it. On or about the middle of March 1939, Williams went to see Senator Howell and was advised by Senator Howell that he would not introduce any bills at that session, but would find some one to introduce the bill. It also appears that a short time later Senator Howell brought Senator Shea to Williams and arrangements were made with Senator Shea to introduce the bill. Senator Shea was paid the sum of $500 by Williams for his services in introducing the bill and Senator Howell was paid three or four hundred dollars.

The bill was introduced in the Senate March 28, 1939, and referred to the Senate public health committee. On April 30, 1939, an ‘emergent meeting’ of the A.N.A. was called in the city of Detroit for the purpose of raising funds with which to take care of certain lobbying expenses and the raising of money to pay legislators. Upwards of 70 people attended this meeting and several hundred dollars were raised and later forwarded to Williams. The bill was reported out of the public health committee on May 3rd. It was voted upon and passed by the Senate on May 9, 1939, and transmitted to the House of Representatives where it was referred to the committeee on State affairs. Shortly after the bill had been referredto the above committee, Williams became convinced that some pressure would have to be exerted if the bill was to receive favorable consideration by the committee. Sometime prior to May 14, 1939, Williams had a talk with defendant DeLano, the purpose of which was to secure the influence of defendant DeLano in getting favorable action upon the bill. It appears that DeLano demanded $2500 to use his influence in getting the bill out of the House State affairs committee.

Shortly after Williams' talk with DeLano, another meeting of members of the A.N.A. was called in Lansing. There were about 100 present at this meeting. The meeting was presided over by defendant Sherman who informed those present that it was necessary to raise a substantial sum of money to get the bill through the legislature. Approximately $2000 was raised at this meeting. The money was turned over to the treasurer of the association who gave Williams a check for $1950 which Williams deposited in his bank account at Benton Harbor. About May 20th, Williams drew out the proceeds of the check, came to Lansing and paid DeLano $2000 and DeLano returned to Williams the sum of $100. Sometime later and upon receipt of a telephone call, Williams went to Kalamazoo to the farm home of DeLano at which time DeLano informed Williams that he, Williams, owed him some money.

The cause came on for trial and at the conclusion of the people's proofs, counsel for DeLano and Sherman moved for a directed verdict upon the following grounds:

‘First, that the information does not charge an indictable offense at common law.

‘Second, that the information does not charge any offense.

‘Third, that the evidence does not show that the defendant Carl DeLano committed any offense not...