DocketNumber: Appeal, 105
Judges: Kéller, Cunningham, Baldrige, Rhodes, Hirt, Kenworthey
Filed Date: 9/28/1942
Status: Precedential
Modified Date: 10/19/2024
Argued September 28, 1942.
Defendant was indicted for violating sections 1 and 7 of the Act of May 13, 1925, P.L. 644, as amended by sections 1 and 3 of the Act of June 20, 1935, P.L. 358,
The objects of his proposed organization were stated to be:
"The Organization of Periodic, Free, Open to the Public, Assemblies of the Citizens in each of their respective Divisions for
"The Promotion of Efficient Governmental Policies, through the consideration, study and discussion of Civic and Governmental subjects, Issues and Policies by conducting Public Forums, and the use of the Pulpit, the Radio, and the Press to Stimulate and Keep Alive our interest in Good Government, to make More Effective our Sovereignty.
"To make Legislators, Governmental executives and Officials more Amenable at all Times to the needs and desires of their Constituents.
"To assist in acquainting the Citizens of the Community with the Principles, Purposes, Duties and Methods of American Citizenship, in order that the Spirit and Form of Democratic Government may be maintained in America, that this Government, of the People, for the People, and by the People, shall not Perish from the Earth."
Subscriptions were sought from numerous individuals in the sum of $2 each, and to those who subscribed the following receipt was given:
"Received of ............................... Two Dollars as a contribution to an endeavor to organize a Group of Loyal, Patriotic, Civic Minded Citizens in each Division for the conducting of Open Public Assemblies."
Defendant succeeded in collecting about $160 before his arrest, none of which was used for the purposes for which it was collected, but on the contrary converted to defendant's own use.
Defendant in his interview with prospective subscribers told them that his organization was for patriotic purposes, and it is not necessary to go beyond *Page 481 defendant's own interpretation of the objectives of his proposed organization. Defendant also testified that his organization was non-partisan; that he was not trying to form a political party; and that he was not interested in backing any particular candidate for office.
Section 1 of the Act of 1925, as amended,
Section 7 of the Act of 1925, as amended, 10 P. S. § 147, reads as follows:
"No person shall solicit or collect any contributions in money or other property for any of the purposes set forth in this act without a written authorization from the corporation, copartnership, or association for which the contribution is made, and the authorization must be shown to any person on request. The authorization must be signed by an officer of the corporation or member of the copartnership or association for which the contribution is collected, and must set forth the percentage of collection, or other compensation for collection, to be paid to the persons so soliciting or collecting contributions."
The Act of 1925 has been held to be constitutional in Com. v.McDermott,
We have not the slightest doubt that defendant's activities came within the supervisory powers of the Department of Welfare, and that a valid certificate of registration from that department to a corporation, copartnership, or association was required before he could legally make solicitation of moneys for the purposes stated by him, and then not until he had received written authorization from such corporation, copartnership, or association.
All the assignments of error are overruled.
Judgment is affirmed.