The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1882-12-19
THE CURTIS CASE.
oonstitutionallty Of the Law Amrmed.

Constitutionality Of the Law Affirmed.
WASHINGTON, Dec. 1S.-A decision was rem
ae5ed @ hy the Supreme Court of the United States
today in the political assessment case of Newton
MARTIN Curtis, brought there by petition for writ of
naoeas corpus. Petitioner, an employe Of the
United States was indicted in the Circuit Court for
the Southern district of New York. and convicted
under the act of August 10. 1875, prohibiting Of
ncers or employees of the United States not ap-
pointed by the President with the advice and con-
sent OF the Senate from requesting giving to or re-
celving from any other officer or enploye of the
m any money or property or any other
vlctlon he was sentenced to pay fine and stand
committed until payment was made. He was taken
into custody of the marshal and on his applica-
ton writ was issued by of the Justices OF this
court In vacation, returnable here at the present
70 inquire into the validity of his detention.
Inc important question presented on the writ so is
sued is whether the act under which conviction was
had is constitutional.
Tie opinion, which was read by Chief Justice
Maile, Gays: II there were no other reasons for
legislation of this character than such as relate to
the protection OF those in the public service against
unjust exactions, its constitutionality would
in our opinion be clear, but there are
others to our mind equally good. If per-
sons Sp IN the public employ may be called upon
sonal income TO the expenses of political compagn
ana refusal may lead 10 putting good men out of
1or keeping poor ones in. so too if part of the
condensation received for public services must be
tt Tor political purposes it is easy to
.lat an increase OF compensation may be REQUIRED
10 provide tho means to make contributions and
tnat IN TINS way the government itself may be made
~ 1urhlsh indirectly money to defray expenses of
hheeplng political party in power that happens to
nave Tor the time being control of public patrona ge
aolGcal parties must always necessarily exist under
arepubhcan form of government, and when public
employment depends to any consde rable extent on
party success those in Office will naturally be desir
Gus of keeping the party to which they belong in
power. Inc statute we are now considering does
rot interfere with this. The apparent end of Con-
gress will be accomplished if it prevents those in
power from requiring help for such purposes as q
condition TO continued employment. In oui opinion
the statute under which the petitioner was convict
cd is constitutional.
The other objections which have been urged to
detention cannot be considered this form of pro-
ceeding. Our inquiries in this class of cases are
limited to such objections relate to the authority
OF the Circuit Court to render the Judgment BY
which the prisoner is held
we nave no general power to review judgments
as inferior courts of The Unifed Sta in criminal
cases by use OF the writ of habeas corpus other
WISE Our jurisdiction is limited to the single queS
tion of the power of the court to commit the prs-
oner for the act of which he has been convicted.
we lhink the commitment in this case was Law
ful and petitioner is consequently remanded to the
custody OF the marsha for southern district of N Y
Justice Bradley gave dissenting opinion in which
ne TOOK the ground that Congress had no constitu-
tlonal powers to enact law forbdding employee of
the government to associate himself with others for
the promotion of the political opinions which he
entertained to make such disposit on of his pri
vate means as he should see fit
Justice Bradley did no approve of enforced polit-
ical ssessmen S, but thought Congress in enacting
the present law TO prevent such assessments had de-
prived an individual citizen of his inalienable
rights and in 50 doing had overstepped the limits of
its constitutional authority.