United States v. Viola

• Decision Date: 02 December 1954
• Docket Number: 14116.,Cr. No. 14106-14110
• Citation: 126 F. Supp. 718
• Parties: UNITED STATES of America v. William VIOLA, Augustus Vance, et al., Paul Thomas, Jr., Alfred E. Riley, et al., Sanders Sam Willis, Sr., et al., and William Viola, et al.
• Court: U.S. District Court — Eastern District of Pennsylvania

126 F. Supp. 718

UNITED STATES of America v. William VIOLA, Augustus Vance, et al., Paul Thomas, Jr., Alfred E. Riley, et al., Sanders Sam Willis, Sr., et al., and William Viola, et al.

Cr. Nos. 14106-14110, 14116.

United States District Court, W. D. Pennsylvania.

December 2, 1954.

John W. McIlvaine, U. S. Atty., Pittsburgh, Pa., for plaintiff.

Robert A. Jarvis, Robert E. Kline, Louis C. Glasso, Pittsburgh, Pa., Paul R. McCormick, Greensburg, Pa., for defendants.

GOURLEY, Chief Judge.

Motions to dismiss the above indictments are based on the contention that the allegations are beyond the scope of the statute invoked.

The said indictments were drafted pursuant to Section 597, Title 18 U.S. C.A., which provides:

"Whoever makes or offers to make an expenditure to any person, either to vote or withhold his vote, or to vote for or against any candidate; and

"Whoever solicits, accepts, or receives any such expenditure in consideration of his vote or the withholding of his vote —

"Shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if the violation was willful, shall be fined not more than $10,000 or imprisoned not more than two years, or both."

Indictment at Criminal No. 14108 charges that during the conduct of the general election on November 4, 1952, in certain wards of Brownsville, and the Sixth District of Luzerne Township, Fayette County, Pennsylvania, at which duly qualified candidates for election to the office of the United States Senator from the State of Pennsylvania and Congressman from the Twenty-sixth Congressional District of Pennsylvania were to be elected, the defendant "did unlawfully, wilfully and knowingly make expenditures to Velma H. Porter and Lena Pugh, in consideration of their votes and in consideration of the votes of others brought to the polls by the said Velma H. Porter and Lena Pugh, in said general election."

Indictment at Criminal No. 14106 charges that during the conduct of the general election on November 4, 1952, in certain wards of Brownsville, Fayette County, Pennsylvania, at which duly qualified candidates for election to the office of United States Senator from the State of Pennsylvania and Congressman from the Twenty-sixth Congressional District of Pennsylvania were to be elected, the defendant "did unlawfully, wilfully and knowingly make expenditures to Lena Mae Pugh and Alfred E. Riley, to be expended by the said Lena Mae Pugh and Alfred E. Riley to voters brought to the polls by them and in consideration of the said voters casting their votes."

Indictment at Criminal No. 14109 alleges that during the conduct of the general election on November 4, 1952, in certain wards of Brownsville, Fayette County, Pennsylvania, at which duly qualified candidates for election to the office of the United States Senator and Congressman from the Twenty-sixth Congressional District of Pennsylvania were to be elected, the defendant, Alfred E. Riley, "did unlawfully, wilfully and knowingly make an expenditure to Susan Washington Brown, Reva Bunch, and Edna Mae Dugan, in consideration of their votes in said general election." Under Count 2 it is alleged that the said Susan Washington Brown, Reva Bunch and Edna Mae Dugan "did unlawfully, wilfully and knowingly solicit, accept and receive an expenditure from Alfred E. Riley, for and in consideration of their votes in the said general election."

Indictment at Criminal No. 14110 alleges that during the conduct of the general election on November 4, 1952, in Ward 4 of East Bethlehem Township, Clarksville, Washington County, Pennsylvania, at which duly qualified candidates for election to the office of the United States Senator and Congressman from the Twenty-sixth Congressional District of Pennsylvania were to be elected, the defendant, Sanders Sam Willis, Sr., "did unlawfully, wilfully and knowingly make an expenditure to Betty Louise Holbrook, in consideration of her vote in said general election." Count 2 alleges that the said Betty Louise Holbrook "did unlawfully, wilfully and knowingly solicit, accept and receive an expenditure from Sanders Sam Willis, Sr., for and in consideration of her vote in said general election."

Indictment at Criminal No. 14107 alleges that during the conduct of the general election on November 4, 1952, in certain wards of Brownsville, Fayette County, Pennsylvania, at which duly qualified candidates for election to the office of the United States Senator and...