{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

EGAN v. UNITED STATES UNION ELECTRIC

EGAN v. UNITED STATES UNION ELECTRIC - Page 1 1 of 1...

Info icon This preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
Page 1 1 of 1 DOCUMENT EGAN v. UNITED STATES UNION ELECTRIC CO. OF MISSOURI v. SAME Nos. 12267, 12268 Circuit Court of Appeals, Eighth Circuit 137 F.2d 369; 1943 U.S. App. LEXIS 4022 August 9, 1943 SUBSEQUENT HISTORY: [**1] Rehearing Denied September 9, 1943 CASE SUMMARY: PROCEDURAL POSTURE: Appellants, a corporation and its president, were found guilty with conspiracy to violate § 12(h) of the Public Utility Holding Company Act of 1935 (the Act), 15 U.S.C.S. § 791(h), by a Missouri trial court as a result of political contributions made. The corporation and its president appealed the trial court action of overruling their motions for mistrial, directed verdicts, and for new trials. OVERVIEW: The corporation and its president argued that § 12(h) was unconstitutional, that the trial court erred in refusing to direct verdicts of acquittal, in the admission of evidence, and in refusing and the giving of instructions. Section 12(h) prohibited political contributions by public utility holding companies, which the corporation was such an entity. The evidence showed that the corporation contributed thousands of dollars to candidates for governors of the state, members of the legislature, and members of county boards for the purpose of influencing the official acts of such officers. The court concluded that § 12(h) was a valid exercise by Congress of its congressional power, and that the evidence clearly showed that the president participated in the conspiracy as he knew about the contributions. Further, evidence of the president's silence when it was disclosed that a federal investigation was to begin was properly admitted as his silence implied consent to the activities. No reversible error occurred in refusing the instructions requested by the president as they related to whether he was personally in violation of § 12(h), which was not an issue before the court. OUTCOME: The judgments were affirmed. CORE TERMS: electric, conspiracy, political contributions, candidate, interstate commerce, subsidiary, public utility, conspirator, mail, non-federal, indictment, political party, instrumentality, vice-president, election, evil, expense accounts, registered, secret, corporate powers, candidacy, salary, rebates, directed verdicts, acquiescence, admissible, immaterial, connected, carrying, corporate responsibility LexisNexis(R) Headnotes Governments > Local Governments > Elections Securities Law > Public Utility Holding Companies > Prohibited & Unlawful Transactions Securities Law > Public Utility Holding Companies > Registration & Reporting [HN1] Section 12 (h) of the Public Utility Holding Company Act of 1935, 15 U.S.C.S. § 79b, reads: It shall be unlawful for any registered holding company, or any subsidiary company thereof, by use of the mails or any means or instrumentality of interstate commerce, or otherwise, directly or indirectly - (1) to make any contribution whatsoever in connection with the candidacy, nomination, election or appointment of any person for or to any office or position in the Government of the United States, a State, or any political subdivision of a State, or any agency, authority, or
Image of page 1

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern