Commonwealth v. Witman

Citations

• 217 Pa. 411
• 66 A. 986
• 1907 Pa. LEXIS 727

Syllabus

<p>Criminal law — Public officers — Municipal corporations — Act of March 31. 1860, sec. 66, P. L. 382.</p> <p>The words “any member of any corporation,” in section 66 of the act of March 31, 1860, -do not signify a corporation other than the one to which the supplies are to be furnished. These words refer to the corporation purchasing or receiving the supplies or materials, and of which the individual is a member, an officer or an agent. It is plainly intended to prevent anyone who is a member, officer or agent of any corporation, municipality or public institution from being in anywise interested, directly or indirectly, in the furnishing of supplies or materials to the corporation, municipality or institution with which he is officially connected. The statute intends to prohibit persons from occupying a° position in which they will be virtually contracting with themselves.</p> <p>The prohibition of sec. 66 of the Act of March 31, 1860, P. L. 382, applies to a councilman of a municipal corporation, who is interested directly, or indirectly in furnishing supplies to, or for the use of, the municipality of which he is an officer.</p> <p>The term “corporation” in its legal as well as in its popular sense, includes an incorporated city.</p> <p>Where a councilman of a city who is co-owner with his brother of a quarry, joins in the ratifying by councils of a contract with his brother to supply the city with stone from the quarry of which he is a co-owner, he may be convicted of violating see. 66 of the act of March 31, 1860.</p>