The Portland daily press., 1882-07-21
GEN. CURTIS'S CASE.

The Law Of Congress Declared Valid
Gen. Curtis Denied New Trial and Fined
$1,000.
NEW YORK, July 20.-The case Of General
Newton NJ. Curtis, ex- Treasury agent who was
indicted, tried and convicted in the United
States Circuit Court before Judge Benedict for
collecting money from office holders for poiiti-
cal purposes again came up today when de-
cision waE,rendered by the court in banc on the
motion for a new trial and arrest sof Judgment
which was argued fortnight ago. Judge Ben
edict said the court was unanimous as to the
validity of the statute touching this case He
then handed down the opinion prepared by
Judge Wallace in which all the judges con-
CURED which is to the effect that the act OF
Congress prohibiting political assessments is
constitutional and the motion for arrest of
Judgment and for a new trial are denied.
Judge Benedict sentenced Gen. Curtis to a
fine of $500 each on the first and eighth indict-
ments.
Special Dispatch to the Boston journal.
The United States criminal Court this morn
ing was filed with spectators in anticipation of
the expected decision in the case of General
Newton M. Curtis, charged with receiving pc
litical assessments from Custom House en-
ployes in the campaign of 1881, while holding
the position of special agent of the Treasury
Department Judge Benedict in sentencing
Gen. Curtis said: You have been found guilty
on two counts, the first and eighth in the in
ulClLu6ui, CudTSluS YOU WlGH receiving HOnoy
from the employees of the government in vio-
lation of the law. [ sentence you to pay fine
of $500 on the first count and fine of $500 on
the eighth, altogether fine of $1000 and to
stand committed until the same is paid.''
The haSt9 NJ anifeSted by the court,in passing
sentence occasioned the greatest surprise and
completely nonplussed the defendant and his
counsel, Mr.. Smith, who were confident that
time would be given them to bring the matter
before the United States Supreme Court. In
discussing the question raised by the counsel
for the defendant in his argument, which was
heard by Judges Wallace, Brown and Benedict,
on a motion for a new trial and arrest of judg-
ment, the opinion accompanying the decision
stated briefly that upon the questions of the
coDstitutionality of the law on which Gen.
Curtis was convicted the judges who heard the
argument in behalf Of the defendant are unan-
imousy of the opinion that the statute was
valid. The opinion further states that they
believe that Congress has the power to enact
all needful regulations calculated 10 discipline
officials of the Government and declare that
infractions of discipline shall be treated as
criminal offences.
General CurtisS counsel have now the right
of applying to one of the Justices of the UNI
ted States Supreme Court for a writ of shabeas
corpus for the purpose of having the constltu-
tionality of tho law and other questions IN the
case tested before that court. liz the writ is al
lowed the Justice granting it can make it re-
turnable either before himself or before the
full bench of the Supreme Court. Adr. Smith,
General Curtis's counsel, said that he would
apply to Chief Justice Waite for the writ. The
Chief Justice is now at Lyme, Conn. 1t is not
yet known whether Justice Waite, If he grants
the writ, will make it returnable before the
full bench of the court at Washington in Oc-
tober next.