BERNARD P. CALHOUN, Petitioner, v. THE SUPERIOR COURT OF SAN DIEGO COUNTY et al., Respondents, 46 Cal. 2d 18

EDMONDS, J. Bernard P. Calhoun was indicted by the grand jury which accused him of having conspired with others to commit certain acts in violation of the Elections Code. By this proceeding, he is endeavoring to prohibit the superior court from requiring him to stand trial upon these charges. In count one of the indictment, Calhoun is alleged to have conspired with William G. Bonelli and others to commit the crime of soliciting, asking and receiving contributions from persons licensed by the Board of Equalization to sell alcoholic beverages.

These contributions were solicited and received, it is charged, for use in campaigns for the reelection of Bonelli as a member of the Board of Equalization. The second count asserts that Calhoun and Bonelli, with others, conspired “to do acts injurious to the public morals and to pervert and obstruct justice” (Pen. Code, § 182, subd. 5) in that they agreed together to use Bonelli’s official position as a member of the Board of Equalization for their private gain by collecting funds from licensees and applicants for licenses from the Board of Equalization. Other acts characterized as being contrary to

section 182, subdivision 5, of the Penal Code are specified in count three of the indictment. In this count, Calhoun and Bonelli are charged with having agreed to prepare false papers and records for fraudulent purposes upon trials, proceedings and inquiries authorized by law. Principally, the evidence presented to the grand jury pertains to contributions made by wholesale licensees and by retail licensees in San Diego and Los Angeles Counties. Similar operations were carried on in Orange, Riverside and San Bernardino Counties.

This evidence, with the inferences reasonably to be drawn from it, shows the following pattern of activity in San Diego County. Substantially the same plan was followed in the other counties. In 1950 and 1954 Bonelli was a candidate for reelection to the Board of Equalization. Shortly before the 1950 campaigns, William Cook, who was “public relations man” for Bonelli, met with Charles E. Berry, Liquor Control Officer for San Diego and Imperial Counties. They discussed the idea of soliciting campaign contributions from retail liquor licensees.

At their request A1 Tossas, a former liquor salesman, agreed, for certain compensation, to take charge of work in making these solicitations. Berry, Cook, Frank Bompensiero and Ray McCullough assisted Tossas. Tossas was furnished with “pretty thorough” lists of bars, liquor stores, markets, hotels, and similar establishments with a notation beside the name of the licensee as to the amount^ of the “contribution” expected from him.

Following the" “canned sales talk,” Tossas would ask the licensee if he thought that Bonelli was “head of the liquor industry” and if it were not worth the amount specified on the list for him to have Bonelli reelected. The “contribution” almost invariably made was accepted with the understanding that it was to promote Bonelli’s campaign. Many of the licensees solicited had liquor violation charges then pending against them.

Although Tossas was specifically instructed by Cook not to say that the contribution would affect the pending charges, those whose licenses were being questioned gave “more generously” than others. Cook instructed Tossas to get a “certain amount” of cash. Checks were to be made payable to the National Democratic Club of California, the Aldine Printing Company, or the Woolever Press. A check, made payable to the Bonelli campaign fund, was not accepted. Some such checks were returned to the licensee with the request that it be made payable to one of the designated payees.

From time to time Cook told Tossas that a sufficient number of checks drawn in favor of one of the three designated payees had been received and that thereafter checks should be made out to one of the other payees. All cash and checks received by Tossas, which he estimated amounted to between $15,000 and $20,000, were turned over by him to Cook. There is no direct evidence as to how the payees obtained these checks but the record shows that they received some of them. Cook paid Tossas $1,500 as compensation for his services.

Early in 1954, Joseph Cannon set up campaign headquarters in San Diego, the operation of which he later turned over to Dorothy Hall Jahant, who had done the same work in the 1950 campaign. Bay McCullough was placed in charge of obtaining contributions. Collections were made from licensees named in lists furnished to McCullough, “in the same manner” as in the 1950 campaign. McCullough was assisted by Girolamo Cusenza and Cannon. Some of the contributions obtained by them were made in cash. They also received cheeks made payable to one of them.

These checks were cashed by them and the proceeds turned over to McCullough. The record also shows that checks were received made payable to the National Democratic Club of California, the Aldine Printing Company, or the Woolever Press. A check from the Mexican Village, a liquor licensee, which had been made payable to the Bonelli campaign fund, was returned with directions to make it payable to one of the named payees. Other checks from liquor licensees, drawn in favor of the campaign fund, were received by Mrs. Jahant and turned over to Cannon or McCullough. Approximately $8,000 was received by McCullough.

Cash and checks received by. him were placed in sealed envelopes and given to Mrs. Jahant for delivery to the National Democratic Club of California. She testified that she delivered one such envelope to the secretary of Nate Snyder, secretary-treasurer of the club, and one to Bonelli’s secretary. Charles Berry testified that Nate Snyder was the person designated to receive contributions to that organization. In the Long Beach area, members of the Long Beach Tavern Association collected contributions from licensees. The money was solicited for use in Bonelli’s campaign and to defeat Proposition 3.

These purposes were decided upon in tavern association meetings in which Albert Eisenberg, the association’s attorney, acted as the representative of Bonelli. Contributions were made by checks made payable to the National Democratic Club of California, the Aldine Printing Company, the Woolever Press, and a fictitious company designated as the “Allied Printers” or “Allied Printing Company.” Nate Snyder described the National Democratic Club of California as an organization consisting of a board of directors who were its officers. Leonard Wilson was president; B. S.

Sparks, vice-president; and Snyder, secretary-treasurer. According to Snyder, he had been authorized by the board to make disbursements to various candidates for political offices, largely in his own discretion. He was the only person authorized to write checks on the corporate account. The corporation, he said, did not solicit contributions. He testified that he had endorsed checks from retail liquor licensees but denied having paid out any money toward Bonelli’s campaign except for advertisements for a slate of candidates which included Bonelli’s name.

Leonard Wilson told the grand jury that only one week prior to the hearing was he told that he was president of the National Democratic Club of California. He had no knowledge of the functioning of that organization, he said; he had not authorized the use of his name as its president nor the expenditure of funds by Snyder and, as far as he lmew, he had never been a member of the club.

With regard to contributions by wholesale licensees, the record shows these facts: The Southern California Business Men’s Association is a nonprofit organization of men in the hotel, restaurant, grocery, drug, distilled spirits, beer, wine, manufacturing and retail businesses. Dues are contributed regularly by its members. This money is expended for trade publications and similar purposes. Some political contributions are made, but they consist generally of printing in trade publications of slates of candidates endorsed by the association.

At the times of the Bonelli campaigns, Calhoun was one of its 50 directors and Albert Weigel its executive vice-president. Calhoun also is general counsel and “public relations man” for the Southern California Spirits Foundation, an association comprised of all but one of the major wholesale liquor distributors in the Los Angeles area. He had no authority to write checks on the Spirits Foundation account, but he was given carte blcmche in the political use of its funds. He often received signed checks made out in blank. The association paid regular dues to the Business Men’s Association.

At a meeting called by Arthur Samish in 1947, it was decided to establish a “Research and Public Relations Fund,” to receive contributions for use in campaigns affecting the alcoholic beverage industry and to support some political candidates. Originally, this was a bank account of the Business Men’s Association; later the account was also used by nonmembers as a depositary for contributions. At first the expense of the campaign in opposition to a proposed business tax was paid from this fund. Later opposition to a tax on alcoholic beverages was financed from it.

Money was generally collected, when a need was anticipated, by dues levied against those participating in the maintenance of the fund. In 1954, the association decided to reactivate the fund for use in opposition to Proposition 3 which was to be voted on in November. Because some members were reluctant to make payments until all had participated, their contributions were retained in a special account. However, during that year large deposits were made in the fund account..

The bulk of them came from the Spirits Foundation, but several thousands of dollars were contributed by the California Brewers Institute and the Bohemian Distributing Company. These deposits were “directed” and “arranged” by Calhoun. Five persons, including Calhoun and Weigel, were authorized to sign checks on the fund account, the signatures of any two of them being required. As a practical matter, however, Calhoun exercised complete control over the expenditure of the money. Generally, he would present a check to Weigel who signed it without inquiry as to its purpose.

Substantial amounts were drawn by checks made payable to .cash. Other checks, pursuant to Calhoun’s instructions, were made out in payment of bills. Of the funds used, Calhoun could account for less than 10 per cent as having been used in connection with Proposition 3. As to other payments, he claimed the privilege against self-incrimination.

Records maintained by Weigel, however, showed that numerous checks were drawn on this account in payment of bills presented by the Woolever Press, the Civic Research Press, Aldine Printing Company and the Kennedy Outdoor Advertising Company for expenses in connection with the Bonelli campaign. Weigel pressed Calhoun for receipts showing the purpose for which cash withdrawals were expended. Several of the receipts given to him came from a book in the office of Bonelli.

On one occasion, the Aldine Printing Company billed the Southern California Business Men’s Association for $3,000, as the charge for printing some booklets. When Weigel inquired of Calhoun concerning this bill he was told to write a check on the public relations fund for $1,500, which he did. Later, he received a bill for the balance of $1,507. When he again mentioned the matter to Calhoun, he was told to draw a check on the fund for $1,507 payable to himself as trustee. He did so and turned the cash over to Calhoun. Later, Calhoun presented a receipt from the Aldine Printing Company for that amount.

The record shows, however, that this receipt did not represent a cash payment but was given to acknowledge receipt of several small checks made payable to Aldine. It is a reasonable inference that these checks were from retail liquor licensees either in San Diego or Long Beach. Harold Judson testified that Bonelli, by telephone, informed him that someone would visit him with regard to Proposition 3. Later Bonelli again telephoned to Judson about “the matter he had spoken about previously” and asked Judson if he would cash a cheek as an accommodation.

Judson complied, giving Bonelli's messenger $5,000 for a check drawn on the account of the Southern California Spirits Foundation. A cheek made payable to James Garibaldi, as trustee, was handled in the same way. At Calhoun’s request, a check for $5,000 on the account of the Spirits Foundation was cashed by Garibaldi’s secretary and the proceeds delivered to Calhoun’s messenger. The purpose of this cheek ostensibly was for work in connection with the campaign against Proposition 3.

The record shows that a major part of Bonelli’s campaign printing and advertising was done by the Woolever Press, the Aldine Printing Company, the Kennedy Outdoor Advertising Company and George West. Describing the manner in which printing is provided for political campaigns, Charles Woolever, of the Woolever Press, testified that customarily someone guarantees a candidate’s printing bill for a certain amount. Upon notification by the printer of the guarantee, the candidate orders specific work to be done.

The bill is paid by campaign contributions either given directly to him from the contributor or furnished by the candidate. In 1950, Bonelli’s printing bill was guaranteed by the National Democratic Club of California; in 1954, his guarantors included the Southern California Spirits Foundation. Woolever and Bonelli agreed upon the printing to be done. Most of the bills were paid by checks of third persons made payable to Woolever. Several checks were identified as those of retail liquor licensees in the Long Beach and San Diego areas delivered to Woolever by messenger.

Some of these checks were applied to Bonelli’s printing bills; others were cashed by Woolever, and the proceeds given to the messenger. According to Wool-ever, he knew that some of the money from checks he cashed was returned to Bonelli. During the 1954 primary election campaign, Bonelli called Woolever to his office and presented to him a number of checks, aggregating about $2,300, made payable to the Wool-ever Press and the Allied Printing Company, a fictitious company. These checks were cashed by Woolever at Bonelli’s request and the money given to his messenger.

Among the checks received by Woolever was one signed by Calhoun and Weigel drawn on the Research and Public Relations Fund. Later Bonelli asked Woolever to set up a ledger account for printing work to be done during the general election campaign for the “Committee on Proposition 3.” Woolever testified, however, that he did not do any printing in connection with Proposition 3.

Instead, at Bonelli’s request, he charged this account with three checks, aggregating some $4,100, payable to Leo Katcher, whom the record shows to have been the author of a book entitled “Billion Dollar Blackjack.” The book was published by George West for the Civic Research Press, a company formed by Bonelli. As payment for these checks, Woolever was given checks aggregating some $1,275, payable to Woolever and written by third persons, about $1,000 in cash from Bonelli, and a check for $4,250 drawn on the account of the Southern California Spirits Foundation.

At Bonelli’s request, Woolever cashed the latter check, keeping $1,975 for himself and paying the balance to Bonelli. Bonelli requested Woolever to bill some $4,414 worth of printing to the “Veterans Committee for Bonelli.” As partial payment for this bill, in Bonelli’s office, Calhoun gave Woolever a cheek for $1,000. A few days later, also in Bonelli’s office, Woolever received from Calhoun a check for $500. Both checks were drawn on the account of the Research and Public Relations Fund.

Harold Feinstein, the proprietor of the Aldine Printing Company, testified that he had regularly done printing work in Bonelli’s campaigns and required no guarantee. In 1950, such work was charged by him to an account in the name of Ed Levine, identified as having done solicitation work for Bonelli in Los Angeles County. On at least two occasions in that campaign, Feinstein furnished fictitious invoices to cover work paid for by a wholesale liquor licensee.

In the 1954 campaigns, money to finance Bonelli’s campaign printing was received by Aldine from the Republican Committee for Bonelli, the Spirits Foundation, the Research and Public Relations Fund and retail liquor licensees in San Diego and Long Beach. George Kennedy testified that he first met Calhoun in 1950 in the personal office of William G. Bonelli. At that time they discussed Bonelli’s entire outdoor advertising campaign for the primary election. A short time later Calhoun, by telephone ordered certain advertising and directed him to charge the work to the National Democratic Club of California.

Kennedy did so and his bill was paid by the check of that club. Advertising for the 1954 general election campaign was contracted for in a similar manner. Bonelli discussed with him the various plans of coverage. Calhoun ordered the work and directed that it be billed to the Research and Public Relations Fund. Calhoun also decided to use some of the billboards for advertising Bonelli’s book, the “Billion Dollar Blackjack. ’ ’ Kennedy put up the posters which he received. The only payment received by Kennedy for this work was a check for $1,500, drawn on the account of the Research and Public Relations Fund.

George West, a publisher, told the grand jury that he published Bonelli’s book, the “Billion Dollar Blackjack.” The nominal printer and publisher was the Civic Research Press, an individual proprietorship owned by Bonelli. Under their arrangement, West billed Bonelli for a certain amount, representing his cost of printing and profit. Bonelli paid a portion of the bill by his personal checks or cash. In addition, upon inquiry by West as to his bill, Bonelli called him to his office.

Calhoun was present and either he or Bonelli gave West a check for $3,000 signed by Calhoun and drawn on the account of the Research and Public Relations Fund. Wilbur Bassett testified that he was secretary-treasurer of the Los Angeles Allied Printing Trades Council, a trade union which published the “Southland Almanac.” In 1954, the council was engaged in a labor controversy with the Los Angeles Times. Bassett asked Bonelli for a contribution and was promised $2,500.

Payment was made by means of seven checks drawn by third persons to “Allied Printing,” “Allied Printing Council” and “Allied Printing Co.,” which were obtained by Bassett’s messenger at Bonelli’s office. In support of his petition for a writ of prohibition, Calhoun urges that the evidence before the grand jury furnishes no reasonable basis for the charges against him He also contends that the writ should issue because the trial judge expressed bias and prejudice against him in ruling upon his motion to set aside or quash the indictment. Finally, he attacks both

section 5002.5 of the Elections Code and

section 182, subdivision 5, of the Penal Code as being unconstitutional. Calhoun argues that

section 5002.5 of the Elections Code creates an unreasonably narrow classification of persons from whom campaign contributions may not be solicited or received. There is no reasonable basis, he asserts, for setting licensees apart from other persons who might contribute to a political campaign.

In Ex parte Curtis, 106 U.S. 371 [1 S.Ct. 381, 27 L.Ed. 232], the court held constitutional a statute prohibiting certain federal officers and employees from giving political contributions to, or receiving them from, each other. “If contributions from those in public employment may be solicited by others in official authority,” said the court, “it is easy to see that what begins as a request may end as a demand, and that a failure to meet the demand may be treated by those having the power of removal as a breach of some supposed duty growing out of the political relations of the parties.” (P. 374; cf.

United States v. Wurzbach, 280 U.S. 396 [50 S.Ct. 167, 74 L.Ed. 508] [holding constitutional a similar statute under which the defendant was indicted for receiving and being concerned in receiving specified sums in violation of it]; United Public Workers v. Mitchell, 330 U.S. 75 [67 S.Ct. 556, 91 L.Ed. 754] [holding the Hatch Act constitutional].) Similarly, the Legislature might reasonably conclude that the same danger exists in the case of an elective officer empowered to issue licenses.

What might begin as an innocent request or acceptance of a contribution from a licensee might ripen into a demand with which the licensee must comply in order to enjoy the privileges of his license. Calhoun contends, however, that there is no reasonable basis for limiting the prohibitions of such a statute to elective state officers authorized by law to issue licenses. Similar dangers exist, he urges, in the case of any other elective officer having the power to favor one making a political contribution.

Furthermore, he argues, the statute has been applied discriminately in that there has been no previous prosecution under it. Undoubtedly the statute is narrowly drawn and this fact may account for the absence of previous prosecutions under it. The Legislature, however, is free to recognize “degrees of evil” and deal with the ones which it deems most important. (West Coast Hotel Co. v. Parrish, 300 U.S. 379, 400 [57 S.Ct. 578, 81 L.Ed. 703, 108 A.L.R. 1330]; Tigner v. Texas, 310 U.S. 141, 147 [60 S.Ct. 879, 84 L.Ed. 1124, 130 A.L.R. 1321]; United Public Workers v.

Mitchell, supra, 330 U.S. 75.) There is a reasonable basis for the conclusion that the danger of corrupt practice is greater in the case of the official having direct influence upon the right of the licensee to conduct his business than in other situations. An indictment will not be set aside or a prosecution thereon prohibited if there is a rational ground for the conclusion that an offense has been committed and the accused is guilty of it. (Bompensiero v.

Superior Court, 44 Cal.2d 178, 183-184 [281 P.2d 250].) Discussing the requirements for a showing of probable cause in a prosecution for conspiracy, the court stated in the Bompensiero case, quoting from Lorenson v.

Superior Court, 35 Cal.2d 49, 57-58 [216 P.2d 859], “ ‘Direct proof of a formal understanding between parties to the conspiracy is not required as the basis of an indictment or information. “ [I]t was not necessary for the State to prove that the parties actually came together, mutually discussed their common design, and after reaching a formal agreement set out upon their previously agreed course of conduct.

The extent of the assent of minds which are involved in a conspiracy may be, and from the secrecy of the crime usually must be, inferred by the jury from the proofs of the facts and circumstances which, when taken together, apparently indicate that they are parts to the same complete whole.” ’ ” (P. 184.) In attacking the sufficiency of the evidence to support count I of the indictment, Calhoun urges that it establishes only his participation as a donor, or the agent of a donor, in the making of contributions to Bonelli’s campaigns.

He relies upon the rule, to which this court referred in denying a petition for hearing in People v. Keyes, 103 Cal.App. 624, 646 [284 P. 1096], which precludes prosecution for conspiracy to commit a substantive offense when the only concert of action shown is that necessary to consummate the substantive offense. (Gebardi v.

United States, 287 U.S. 112 [53 S.Ct. 35, 77 L.Ed. 206, 84 A.L.R. 370]; notes, 26 So.Cal.L.Rev. 64, 70; 23 So.Cal.L.Rev. 262.) There is little dispute, however, that the evidence shows an elaborate conspiracy to utilize ■contributions from both retail and wholesale liquor licensees to finance Bonelli’s political campaigns. Inferences which reasonably may be drawn from that evidence fully support the conclusion that Calhoun was connected with the general program of the Bonelli campaigns in other ways than solely as a donor to them.

The testimony of several witnesses places Calhoun in Bonelli’s office directly dealing or negotiating with persons supplying printing or doing campaign work for Bonelli. Kennedy visited Bonelli’s office and, at a few times, saw Calhoun there. On Kennedy’s first call, Calhoun and Bonelli discussed with him all of the outdoor advertising coverage to be used in the campaign. Calhoun negotiated for billboard space and placed all of the orders with Kennedy for Bonelli’s advertising. In 1950, he directed Kennedy to bill the National Democratic Club of California for the work.

This is a direct link between Calhoun and the proceeds from solicitation of retail liquor licensees, for the evidence demonstrates that the club was a recipient of such contributions, and there is nothing to show that the Spirits Foundation was in any way connected with the club. From that evidence, a reasonable grand juror would be justified in drawing the inference that Calhoun knew that the club would be receiving funds to be made available to Bonelli, and the source of such funds.

Other testimony placing Calhoun in Bonelli’s office included that of West and Woolever, each of whom received a check from Calhoun for services rendered for Bonelli. Other evidence connecting Calhoun with retail licensee contributions includes the testimony of Weigel and Feinstein regarding the transaction by which Calhoun obtained a fictitious receipt to cover his cash withdrawal of $1,500. That he could obtain a receipt for checks received from retail liquor licensees is reasonable ground for an inference that he had knowledge of the manner in which Bonelli’s printing from Aldine was being financed.

Also, Woolever said that he told only Bonelli of the balance owing on his 1954 primary election bill, but he was paid in full by a check directly traceable to Calhoun which exactly closed out the account. This evidence indicates a much more intimate participation in Bonelli’s campaigns than that of one who acted solely as a donor. The indictment also might be based upon the use of the funds of the Spirits Foundation and those deposited in the Research and Public Relations Fund.

The grand jurors reasonably might conclude that all of the major liquor distributors in the Los Angeles area would not acquiesce in the use of their funds for an unlawful purpose and that Calhoun, in using them for the purpose of Bonelli’s campaigns, acted as his agent rather than for the association. Furthermore, several thousands of dollars, in addition to those received from the Spirits Foundation, were deposited in the Research and Public Relations Fund by wholesale liquor licensees of whom Calhoun was not an agent.

This is direct evidence that Calhoun “received” money for Bonelli’s campaign and from his intimate participation in Bonelli’s campaign it is a reasonable inference that he acted in concert with Bonelli in doing so. There is no merit in the contention that subdivision 5 of

section 182 of the Penal Code is unconstitutional. The constitutionality of this statute was expressly upheld in Lorenson v. Superior Court, 35 Cal.2d 49, 59-61 [216 P.2d 859], and People v. Sullivan, 113 Cal.App.2d 510, 519 [248 P.2d 520], And, contrary to Calhoun’s contention, full consideration was given to the decision in Musser v. Utah, 333 U.S. 95 [68 S.Ct. 397, 92 L.Ed. 562], (See People v. Sullivan, at pp. 522-523.) The evidence is amply sufficient to support the charges alleged in counts II and III.

There is ground for an inference that Bonelli and Calhoun acted in concert to use Bonelli’s position for their private gain in the Judson and Garibaldi transactions. In the former, a Spirits Foundation check payable to Judson and, it may reasonably be inferred, drawn by Calhoun or at his direction, was cashed and the proceeds delivered to Bonelli’s messenger. Similarly, in the Garibaldi transaction Calhoun received cash from a check ostensibly made to aid the opposition to Proposition 3, which has not been accounted for.

Other cash withdrawals made by Calhoun from the research fund depend upon his statements as to their use or receipts supplied by him. Some of the receipts came from a book in Bonelli’s office and one, from the Aldine Company, was shown to have been given for a purpose different from that represented. In several instances, checks from the Spirits Foundation or the Research and Public Relations Fund traceable to Calhoun were cashed by Bonelli, or used to pay expenses incurred in connection with his book.

Also, on many occasions Bonelli cashed retail licensee checks, and, although Calhoun is not directly linked to these transactions, it reasonably might be concluded that they were a logical outgrowth of the conspiracy.

Supporting the charge that Calhoun and Bonelli conspired to prepare false papers and records is the evidence as to the Aldine receipt, setting up by Woolever of fictitious ledger accounts to evidence funds received from Bonelli and Calhoun, the checks given to the nonexistent Allied Printing Company, the substitution of a new check for that made out by the Mexican Villege to Bonelli’s. campaign fund, Calhoun’s use of the Research and Public Relations Fund as a channel for remittances from the Spirits Foundation, the transactions in the name of the National Democratic Club of California, and other activities which, a reasonable grand juror might infer, were done with the intent to disguise their nature.

The contention that the trial judge was biased against Calhoun in ruling upon his motion to set aside the indictment does not affect the legal sufficiency of the evidence to justify the indictment insofar as it concerns the present petition. If, at the time of trial, Calhoun believes that he will not be able to obtain a fair and impartial hearing, he may present his objections in the manner specified in

section 170 et seq. of the Code of Civil Procedure. The alternative writ is discharged and the peremptory writ is denied. Gibson, C. J., Shenk, J., Traynor, J., and Spence, J., concurred. "§ 5002.5. Solicitation or receipt of money, etc. from licensee or license holder.

Any elective State officer who is authorized by law to issue licenses, or who is a member of any board or agency authorized to issue licenses, or any person seeking election to such office, board or agency, or any appointee or employee of such office, board or agency, who directly or indirectly solicits, receives or agrees to receive any money or other thing of value, or any promise thereof, from any licensee named in, or any holder of, any license issued hy such officer, hoard or agency, or from any agent of such licensee or license holder, for any political campaign of any person seeking election or reelection to the office, hoard or agency authorized to issue such license, is guilty of a misdemeanor.” Subdivision 5 makes punishable a conspiracy ‘ ‘ [to] commit any act injurious to the public health, to public morals, or to pervert or obstruct justice, or the due administration of the laws.”