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COMMONWEALTH v. ZEGER. (11/16/60)

November 16, 1960

COMMONWEALTH, APPELLANT,
v.
ZEGER.



Appeal, No. 190, Oct. T., 1960, from order of Court of Quarter Sessions of Franklin County, Sept. T., 1959, No. 137, in case of Commonwealth of Pennsylvania v. Lawrence C. Zeger. Appeal quashed.

COUNSEL

Jay L. Benedict, District Attorney, for Commonwealth, appellant.

Samuel H. Jubelirer, with him Paul F. Mower, and Jubelirer and Carothers, for appellee.

Before Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ. (rhodes, P.j., absent).

Author: Watkins

[ 193 Pa. Super. Page 499]

OPINION BY WATKINS, J.

This is an appeal by the Commonwealth from an order of the Court of Quarter Sessions of Franklin County, awarding a new trial to the defendant-appellee, Lawrence C. Zeger, after his conviction for violation of the Act of April 6, 1939, P.L. 16, § 1, 25 PS § 2374, commonly called the "ANTI-MACING" act.

The Act in question reads as follows: "It shall be unlawful for any political committee or any member,

[ 193 Pa. Super. Page 500]

    employe or agent thereof, or for any public officer or employe, or any other person whatsoever, directly or indirectly, to demand from any public officer, subordinate or employ holding any officer or position of honor, trust or profit under this Commonwealth, or otherwise engaged or employed in the service of the Commonwealth, or employed by, or in any way engaged in the service of, any political subdivision, or from any person receiving any public assistance whatsoever from the Commonwealth or the United States, directly or through employment on public works, or any person, association or corporation desiring or having a contract with, or a certificate, license or permit from, the Commonwealth or any political subdivision, any assessment or percentage of any money or profit, or their equivalent in any thing of value, with the understanding, express or implied, that the same may be used or shall be used for political purposes: Provided, however, That nothing in this act contained shall be construed to prohibit voluntary contributions to any political committee or organization for legitimate political and campaign purposes to the extent such contributions are not prohibited by law."

Five individuals, all employes of the Samuel G. Dixon State Hospital, a state institution for the treatment of tuberculosis, located at Mt. Alto, Pa., in various minor positions, testified to the receipt of a letter from the defendant, the Democratic County Chairman of Franklin County, which read as follows:

"To Employees:

"Enclosed please find a 1959 application blank for employment, which we request you to fill out and complete and bring it with you to the Volunteer Fire Hall, South Mountain, Pa., for a personal ...


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