New-York tribune., 1874-07-21
is SENATOR CONKLING LIABLE TC M
PRISONMENT2


In the thirteenth volume of the United States
Statutes and page l23. may DE fouud law when pro
ydss that No member of the Senate House O Repre-
tlnnance IN Office nor shall any mead OF a department
head of bureau clerk, or any other officer OF the Gov
eriment agree 10 receive any compensation
whatsoever. directly or Indirect ~ for any services rem
dcred be rendered after the passage OF ths act to
any person, either Dy hlD'el or ahoieF' III Iefuun ~
any proceeding, contract, claim. controversy charge
accusation arrest or oer matter or thing IN ~lch 'c
United states "A party directly indirectly M
terested, before any department. courtmarth' bureau
officer, or any CIVIL mIiIH or haFaI couinls>lou Nult
ever. Aud any person onehIing AGAINST auS prov Isi'u
this ar shalt, conviction thereof be deemed guy
OF msdemeanor. and be punished by fine not exceed
ing ten thousand collars, ana DY ihp.i isohmet -.
not exceeding two years ~ the discretion o NE
Incapable Of holding Office OF bonOr, trust or pront
under the Goyernment OF the United states
When Mr.. COuklng appeared rs the attorney OF the
Nrw-Yor Central Railroad in proceeding In which the
United states "a party he seems 10 have violated
s1oT of reason tnat the statute the subject
of the Courts But do not the Courts constitute the
District Judge officer OF The United Staesi Was not
TINS suit the recovery OF $4,000 controversy III
whici the United states pirty IL appears to Us
tnat these pertinent questions calling for some
answer IRON the aDJlogisIs OF the senator VINO mas
We nave desire to quibble or to raise any issue
which fair construction OF the law would not Justify
Even If were to cOrcede that because courts aud
attorneys are now specifically mentioned In the law
under Consideration MIR. COnkng escapes the penalty
we stud still be forced to the conclusion that b. had
violated the spirit if not the letter OF ibis wholesome
enactment. The Congress which passed ths act
Republican Congress. Tne President who signed IT was
Abraham Lincoln. The time OF is pass GO the
lsG the country first began 10 fee the demOrallz
iug ana cOrrupting influence of prOtracted war II
was deemed necessary then 10 dCnOuuce severe
penalty against any member OF the Senate or
House who should receive any compensation Tor
services rendered IN in Wllcn the lulted
states party. The reason for TINS stringent stat
ute II any Congress- were TO appear IA
controversy before department. bureau ocer or c0n-
mission and should himself against tue Govern
mcnt for pccuuiary consideration his political lnftu
encc would be thrown into the scale ana might outweigh
the justice In the mind of an Oil ia! whose
enLrc Office depended retaining the favor OF the
politicians. It for this reas9n mainly that the law
was passed It says in substance tOeyery COngre
You snail not sell the political power you exercise over
the various Departments of the Federal Government.
II Won do sell il shall pay fine OF ten thousand
dollars and TO prison for years aud after mat yOu
shall be disqualified from holding Office OF
honor profit under the Government Of tue United
States"
Now when Mr. COnkling went down TO Canandaigua
10 try Railroad case, he carried with hun greater
political influence than any other man in our State
wielIs He appeared before Judge whom he had eie-
waited 20 the bench only few months before He con
fronted a District Attorney who could not hold his
office for day II Mr. COnkng should demand his re-
mova He secured verdict which the jury was forced
10 render by the rulings OF the Judge Under that YER
diet the railroad RECEIVERS round hall million which II
might have lost but tor ITS shrcwdncss IN employing the
right to prosecute ms claim. We assme that MI
Conkng got something for his services. He Is in
the habit OF working for nothing. Is there not. then,
perfect against him under the laws which he uas
sworn to sustain I