New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-24

if they pleased, an opinion of the Attorney
General was asked, and the opinion Is to be
submitted to the Cabinet tomorrow.
1t is understood that the opinion of Attorney
General Brewster holds that member OF Con-
gress is not an officer of the United States
within the meaning of the statute. Apparently
not much searching was necessary. The very
act itself which prohibited certain payments
for political purposes if intelligently read,
proves that members of Congress were not IN
cluded in its provisions. For it prescrlbes that
any officer or cmpoye who shall offend against
the provisions of this section shall be at once
discharged from the service OF the United
States Now, IA member of Congress clearly
cannot be discharged, as aforesaid. But there
are judicial decisions also, that Senators are
not civil officers of the United States. The
Civil Service Reform Association has evidently
attempted TO put construction upon the act
which it will not bear. If payments to MEM
bers OF Congress- for any political purpose, are
to he prohibited by law, it must be done by
some law not yet enacted
Behind this lies the question, not touched by
the Attorney General, probably, whether pollt-
zeal payments to members of Congress ought to
be prohibited. AS rule, the members
Of Congress are the very persons to
whom officers and employees of the Government
look for appointment and for retention in Of
flee. Until the public service has been alto
gethcr reconstructed, this must almost inev-
itably be the case with n great proportion OF
the subordinate officials BY influence OF
members of Congress most of them get into
Office, and come to be preferred to other APP
plicants for the same position, and to such IN
fucnce only can they look for continuance In
their positions when changes take place.
request for political contributions by member
of Congress, therefore. has more force than
demand from almost any official. For the
member, if refused, has only to whisper TO the
other member to whose influence the refusing
empoye owes his position If such requests
are anywhere demomlizing in tendency, so that
they ought to be prohibited, certainly they are
here.
But it is just as well to remember that a
law which cannot be enforced is incOmparably
more pcrniciOus than the absence of law. a
bad practice may be demoralzing, but it can
not be rs demOraizing as an imp0tent statute.
Laws that are like pe-crust, made only to be
broken, bring all exercise OF lawmalling an
thority into contempt. Is it not particularly
worth while, therefore, at the present stage OF
proceedings, Tor Civil Service reiormers to con-
slider soberly and dispassonatcly whether any
law of this sort can possibly be enforced
Persons who apply and persistenty beg for
Government positions, in nine cases out of ten,
know that they are expected to do something
in return. If the party puts them into desir-
able Office they expect and intend to help at
that time if not afterward, to keep the party
i'm power. Until the refOrmer has changed the
mode o. selection, is it possible for him to
alter he consequences Ten thousand modes
Of evasion can be devised by which the en-
ployc will he just as firmly held to the under
standing had at the time of his appointment as
he is now Is it not utterly impossible to
reach them by law SO long as the mode Of APP
pointIncnt remains what it is