New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-26

arguments IN the political assessment Of Newton
Curtis continued the United States Supreme Cour
this afternoon. Edwin B. smith, Of cOunsel FOR n,
petitioner replied to the argument OF the Solicitors
General and to-day, yesterday repeatedly inter
rupted by questions from the Bench. Mr.. Smith besai
by saying that solcitor-eners Phillips had laid thi
OF his argument upon that clnse OF t1e statute
which prohibits the receiving Of money for political pur
poses endeavored show that such act OF re
cepdon constituted trusteeship. and thus gave m
officer OF the Government Independent outsde m
poyment which ght the discharge Of h
Official duties he Mr. SMITH wished, he sail, 20 ems
phasize the fact which had been ignored n
the Solicitor General that the law also
prohibits the Giving Of money for political purposes
Tue volun ary giving OF money does not constitute
trusteesniDi neither 10 be called independent
private employment carried by the Cove
poye az the expense Of the service n which hs tine
and labor properly belong Tg is entirely personal
mntter, and with which the Government can havs
no concern. The law forbid ling the Secretary Of the
Treasury Interested in trade aud ths
law fOrbdding diplomatic Representatives u the
United States broad 20 official costume,
dress whCl has been legally sanctioned sani on
different foouns the statute here in question. They
prohibit something which has direct relation to the
employees Official duty. Tie present statu-e on the
contrary forbds exercise OF purely personal aud
private right which has nothing 10 do With Official
duty. II one Congress can say that man shall NOT
give OF his means OBJ ct which he deems worthy.
another Congress may. with equal proprie-y, say that
be shall give Of his to object which the Gov.
deems worthy matter whittier he wishes 70
give not
1T has been asked" continued Mr.. Smith &" whether
Congress has not power law forb ding ths
sale OF liquor oy empoye of the Government 70 an
otner. say Congress has such power n Governs
ment employe becomes Intoxicated upon iquor 80 ID
tanned ueglacs duty does sOmctin- niuriOus
10 the interests United be may De punished
that specific neglect Out Congress cannot reg
Ia private Intercourse either Win his fellow M
plOyes or with others To AXE another lI-tratOn 10
would peent for Congress 10 make law pros
hbItlnZ adultery male and female employees OF
tue Government outside OFFS place where the United
states lursdo Ion. Con Zrcss is not censor or
morals and It canuOt control It's employees outside mo
sphere OF their official duties"
The Chief Justce-There law prohibiting members
Congress- from engaging IN any contract % 10 WORK
for the Government.
Mr sn1h-Yes. your Honor but -
Tue Chief Jusuce-rhere is also . law prohibiting
members Congress from practising in thc Court of
CLAIMS and law which forDids them 10 ac' a. claim
agents.
Mr. Smith-Very true, your Honor. but al these lawi
prohibit which bear direct relation to The officers
funeuons and 10 he duty which he IL. Govern,
M u In the present the act prohibited "a entirely
outside OF he employees official functions, and no r
laou Whatever the faithlI discharge 0f h duty u
Jastice Mlef--A Are there not laws IN many OF n,
-.tes for OF enrolling officers ID Tue dls
/ Mr.. -mitn-Au, out your Honor
| Justice HLtr-Is Il not competent Tor Le1slatTt
| 70 eua,t such l4Ws
sttu TO pro ee su1ordinae officers OF the Government
rom the eAaoiions OF oncers Canaot Tag
sf s s S 6% sas s%poyes T a hs their duty
| NJ -nirn-ree eIrsumsIane.s your Honor are difer
en Tue law for tne protection OF an enrolling oneer
protects aim only be discharge Or his duy IL makes
distinction bet geen ais Official and private NE
|
| the protection Oc tne law.
Justice MA'r-Ihar Is true. The law protects the en-
rolling officer only while IN tue discharge or his dutyi
Out clerK IN one of the department u swHys %
official need OF protection c"rned.
lie needs time another Opprrsso1
may exercised Aln oIt IN the street as well %
Mr. sHt4-8ur your Houor the Law says he .hau no,
pge hls means fr pohucaI purposes ey "a Wlen ne
desires give, Is anxious 10 1yc That Is uotpro
Ja.lice Miler-rhe aw does not say that he .ha no,
sve lac snau no sv- 70 another oficer OF mo
Government. I- 70 ANYBODY ese Z e cAOoses.
| al not PARTON ariy ciy service ref rAef Oal We
ali know how tncsc voluntary cOntnDutluna ara made,
Tue object II tie slatae evidently protect tas
subordinate from tue exacuOns Of his -upeuJr' ~
maAng eIneinor lor he former 70 give 70 me
ater any money Tor pohdcai purpo-i., ins W As as A
dOuDtsuy the policy OF SouSrees Inc ta,sse' I,s
| policy enact u law 10 enforce 10.
Mr. smitn-lt Is singular way to protect . sao.
pdnish him Tor giving, eyen Waen the sct
voluntary, anu To let Us superior 20 uDpuniShed' even
| when lie exlcts pay ment, ,.,.A
IHe solicitor G, uor44 IN a rev words eAp.inru WY
he 3D. smI'h sad, laid tue stress of iis arsu.
ment" upon tne ecei'ng rather than the -lvlhs Oh
ing wOrisi 4 arguing TINS Ease ln nc1oldhce
tne dis nctlon made BY the statdte between teesEn.
| aud giVinR. General Curus was a receiver ana
trust e. whether Congress hd right TO prJulD hls
giving money Tor political PURPOSES or no II certainly
lad "a ri gut { prOnIbIJ ms Receiving IT, -,
Everett r. WAeecr. ~ represent ltlye OF the Cly1
Reform ssOclaton mas suomtled cIlef or mo
| Gov~rument, Ia wnlcn the cous itdtionshly OF tn9
statute is maintained upon sonewnat . Dad grouna
tnan by the -Olicitor-t5en-rA anl IN wlcn
attempt 20 show tnat the practice OF Pn o@t
luoac seivcr oppressive 20 he Government emplOys
and delnoraLlg a. VINO have anything 20 do Win IL
THE EVILS OF POLITICAL ASSESSMENTS
Habit tual assessments" Mr.. Wheeler says, should
he forbidden, a q protection 70 ofAeeno.ders
themselves from dis racting annoy In most
OF the circulars indeed, the contributions ar carefully
called voluntary ami they are usually 30 spoken OF,
But, a matter of fact they are not voluntary Ihey
are radically difa from contributions ior other
social OF poIucll pIrpose4 which really voluntary
These contributions Tor political purposes are solicited
by those In authority by those VINO are likely 10 have
special influence with the appointing power; the par
cuar amount wanted Is designated and II !. spoken OF
as s. M thng .iou IL due As matter OF fact euch
a.sesemrn's amount o speeies OF eIg0rton. They are
Pal dndsr ddrass, very ofsl tt goat p:rsohs sac
fince and unCer maueuoe or the lear Ot
| losing place ami means Of Livelihood
through the success of the patty out OF power. q
tnrough Dismissal BY tae party Ia power ss netns ot
punishment for not having PAID them Inc amount on
tho contributions themselves forms, moreover, com
pete the position thai thcv voluntary
or proper. The in the year % eurh Presi
election amount 10 per cent OF L-c ouleeh,d-
| perso-s whose do not exc ed $1,000 per
num- Prudent persuns van slch incones do 1ot give
away per OF JJer salaries for any one purpose
except under the pressure OF some real os
| fanced necessity.
| iIe effects OF the practice OF political "a
sessment upon the puDiic are not less Important
| tan those upon the offce-hocers thruselves,
anu such effects alone afford sufficient rrasOu for the
prOnlDl n Of prActce The lOury which n raisod
com inevitably luroe Of corruptJn ~ cannot
b. vusl,4,ry stated money lsrAlsed ~ VA ss
~ 4 rse "A. ess.neu > FROM The most trusfworthy
sources ttiYu 20 which accrsH can DC oOstne
wese er Il may he positively a.serted Lnat a! least
SlOOUOU uas usually been raised respective ~ Nv the
| republran CuE- reasiona. Couaittee aud by the H.