Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1880-11-10

lie became involved in War Do
partmunt contract, and was dlsgraced,
although he was never censurod ny
the Senate. Justice Field. in second
Wallace, in the case Of the Tool Com
pany vs.. Norris, gives an interesting
ekeich OF the Simmons Scandal, that
originally caused the rigid enactment
given above. At tho outset OF the
decision the Supreme Court lays down
the following principle: IAN agree
mcnt for compensation for procuring
a contract from the Government To
furnish lis supplies Is against pnh'lc
policy, AMI cannot ba eui0rcsd Wy 'ho
courts" In luis decision the history
OF the case covers many similar feat
urcs in the De Golyer cusc, ltappras
that IA July, 1861 the Providence
Tool Co. of Rhode Island entered into
an agreement with the Government
to deliver to officers OF the Um.cd
States %, 600 musket, at S2O each.
"This contract was procured through
tho cxcrtious OF Norris, the plainllli
in the court below and the defendant
in this court, upon a previous agree
ment with the corporation through It's
managing agent, that IN case he 90,
tanned contract Of this kind he should
receive compensation for his services
proportionatc TO their extent Nor
ris was an advonturer who lived in
many countries He came to Wash
ington as professional l0bbyist--He
made contingent contract with the
Providence Tool Company for u per
centagc upon contracts obtaned-a
very common arrangement in Wash
ington at the present time. He adop'
ted the usual lobbyish means to con
centrate influence upon the Secreta'
ry Of War Hc applied to the Rhode
Island Senators. He 6rst sought An
thony, who is at presont a Senator
from that State. Mr.. Anthony declin'
cd to 90. Ilo said that since he had
been Senator he bad been made n sub.
ect Of hundreds ofsimilar applications
and had invariably declined them all
He thought it discreditable for any
Senator to intermeddlo with the bust
ness of the departments. Said Norris
"You will certainly not decline to go
with me and introduce me to tho Sec.
retary, and state that the Providence
Tool Company is esponsiblo corpor
alton r. Mr.. Anthony replied, "l'l
give You note" Mr. Norris then
urgcd-"l do not want q note ! want
the weight Of your presence with me
want the influence of a Senator
Mr.. Anthony "Then 60 to Simmons
Norris did 20 to Simmons, and through
his aid did obtain the contract Nor
ris warmly thanked the Secretary oi
War, who sald to him in bis kindesI
fashion, as Norris went ont, that he
hoped che would mako a good deal Of
money out oft" Norris claimed S75,
900 as his share of the contract, or the
difference between the regular con.
tract price, Sl7 per musket and the
$40 obtained from the Government
This was refused, the Company hold
ing that Norris was % be literally
compensated, but not to that extent
The court below gave a partial judg.
ment in Norris favor
Justice Field, IN reversing the dc
cision of the court below, thero being
no dissent upon the part OF other
members Of the court, said "Tbe
transaction is creditablo to no one
concerned but Mr.. Anthony. Such
principles as the court below declared
in regard to the contract are wholly
unteuable, and the effect is seen in the
tact that for service which any clerl,
in tho employ Of the Company might
have rendered in u single day, and at
a trining expense, the jury awarded a
compensation nearly double what il
allowed to one of your honors for the
service Of year upon the bench,
May it please this court, profound
thinker Of our own country has OBJ
served that nothing so base as Ameri-
can politics had become, before the
breaking out of the Rebellion, had
hean seou ia human history since the
Roman empire was put up at auction
Our politics, it may be hoped, have
grown no worse durisg the honorable
contest that our country has been
waging But may it not be feared
that what are called the morals OF
business have been descending TO the
level of politics rapidly2 No one ox.
poets absolute purity in politics or in
business, especially in time of war,
Contractors followed the armies OF
Wellington as they followed those Of
Grant, The Treasury was plundered
when William Pitt was chancellor OF
the exchequer and we may doubt, Mr.,
Chiet Justice (Chasel, whether, when
you hold a corresponding office, you
were able TO keep the hands of your
subordlnates as clean as you ever kept
your own. This
court will pronounce, we feel assured,
that this agreement for contingent
contracts with the Executive Depart
ment of the Government is contra bo.
nos mores and wholly void"
In speaking Of analogous cases, the
court stated generally "that all agree.
ments for pecuniary consideration to
control the business operations of the
Government, or the regular admins.
tration of justice, or the appointments
to public offices, are void as against
public policy without reference to the
question whether improper means
are contemplating or used IN their ex.
ecution."
John p. Hale, then a Senator from
the State of New Hampshire, took q
foe of 81, 900 in payment for services
in procuring a pardon for man con
victod in the United States Courts.
This occurred in 1862, and made a
great scandal. Aiterward law was
passed iorbidding any similar impro-
priety This act is found in section
l,7S2 of the Revised Statutes, which
says:
No Senator Representative or Del.
egate, after his election and during his
continuance III office and no head of q
department or other officer or clerk in
the employ of the Government, shall
receive, or agree to receive, any com.