¶1Upon the special verdict we concur witb the court below tbat the defendant is not guilty, an$ witb the candid admission of the Attorney-General at the close of bis brief that “the conduct of the defendant does not come within the terms of the statute, and there is no suggestion tbat it comes within its spirit.”
¶2Affirmed.
¶3concurring. The defendant was an alderman of the city, and at the same time was holding an important post as employee in the service of a party making a contract with the city. While this does not fall within the terms of the statute, it is not altogether seemly, nor to be commended, that one who, holds employment in the service of a contractor with the city should, as an alderman, sit on the board, when passing upon a contract between bis employer and the city.