The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1880-08-03


suasion he did procure the same, for
which be received the sum of IS. 600
that afterwards bill was reported from
the committee of which he was Chairman,
and did pass the House and passed Con-
gress and became a law, appropriating
the sum OF S1,24l 900. out Of which the
pavement under said contract could be
paid for nv said Board OF Public Works:
that the plaintiff and the defendant and
the said Garfield and the members OF the
said Board of Public Works we'll knew
at the time of his said employment, and
at the time of bis service in procuring
said contract, that said Garfield from
his official position did and would have
potent influence IN procuring the pas
sage OF such appropriation to carry
such contract into effect by said Board.
Of Public Works, and that by means of
the premises the said contract was in
fact obtained by improper Influences
against public policy, and is void"
Ftth-"lt is no sufficient answer 10
saw that Galfi Id was at the same time
member of the legal profession. His
being a member of Congress at the same
time, any employment as counsel upon
contingent fee or otherwise to obtain a
contract from hoard of pnhlic officers.
dependent upon the future action Of Con-
gress to ful6l, is against public policy
and is void"
SiIth-"That the plaintiff Chittenden
we'll knew and intended that the in
fuence OF General G rfisld as membe.
of Congress was to he used 10 procuring
the contract rather than his arguments
as counsellor at-law is evident from bis
letter to the defendants set out in their
special plea, 10 which he saws: The in
fluence Of General Garfield has been Sc
cured nv Yesterday, last night and to-
days labors. He carries the purse of
the United 5 ates-the Chairman Of the
Committee of Apnro"riation.-and Is
the strongest man i, Congress and with
our friends. Nv demand is ,c-dav not
less than one hundred thousand more
two hun ired in all. Ever, thing is in
the best shape the connections complete,
and have reason to belive satisfactory
l can hardly realize that We
have General Garfield with us. 1t is
rare and very gratifying. All the ap-
propristions of the District come from
him
"ln the recent Case Of Burke va.
Child, not yet reported MAY. 1S75),
decided at the last October Term nf the
Supreme Court OF the United States,
Mr.. Justice Swavne, in a verv able
opinion, reviews all the cases and holds:
That contract express or implied for
purely professional services is valid.
Within this category he includes dra't ting
a petition, attendance on taking testi
mony, collecting facts preparing argu-
ments and submitting them, orally or in
writing, to committee or other proper
authority.
7" But such services are separated by
q broad line from personal solicitation
and from official influence
"The agreement with Gen. Garfield, q
member Of Congress, to pay him 5000
as q contingent fee for procuring con-
tract which was itself made to depend
upon future appropriation by Congress
which appropriation could only come
from committee of which he was chair
man-was a sale of official influence,
which no veil can cover, against the
plainest principles Of public policy. Nc
counsellor-at-law while holding high of.
fee has right to put himself in posi-
tion OF temptation, and under pretense
OF making legal argument exert his OF
fetal influence upon officers dependen,
upon his future action. Certainly the
courts of justice will never lend them
selves to enforce contracts obtained by
such influence" s-
The Court Judge Farwell presiding
overruled the demurrer; held the specia
pleas to be good and, that the contrac
was void as against public policy, Tha
ended the case. Respectfully yours
j R DooLIrTLE.
Alleged Language Of Judge Swayne in Tri
bune, July %. -
"The statements in the World are al
entire fabrication and without pa.ticl
Of truth to sustain them