Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1882-10-26
TELEGRAPHIC.
Application for a Writ Of HaheaS
Corpus for General Curtis.
Imprisoned for Levying a Po-
litical Tax.


Curtis, an employee of the Treasury De-
partment in the New York Custom-house,
was, it will be remembered, fined and
imprisoned by the United States Court OF
the Southern District of New York for
violating the statute against levying 3
political tax upon Government employees.
His case came up before the United States
Supreme Court yesterday afternoon, on an
application for a writ OF habeas corpus.
| to release him and bring his case before
the Court for review. Mr.. Smith, Of coun-
sci for him, recited the facts on which the
| petition was based. His first point was
that the Court below had not jurisdiction,
because General Curtis was not an ex-
! ecutiye officer within the meaning of the
law, and he held the Supreme Court to be
the iudge of both the law and facts. But
he brought upon himself such q fire OF
embarrassing questions from all parts OF
the bench. particularly from Chief Justice
Waite and justices Field, Harlan and
GRAY. thai he abandoned this branch OF
his argument. Smith next questioned the
censtitutionality Of the law. 1t is not,
he said. a statute to prevent the levylnS OF
political assessments. It is a law against
voluntary contributions for political pur-
poses, nothing else. It forbids subordlnates
to unite for the promotion OF objects which
they approve, but does not prevent their
! superIors from using coercion 10 compel
contributions for purposes OF which the
contributors may entirely ~dlsapprove. ihe
Constitution contains no grant OF power
on which such q law can be passed for
such a purpose. Certainly IT Is nowhere
expressly given. nor does a careful scru-
tiny reveal to Us ANYTHING from which it
can be derived, even by the most strained
inference. After reviewing at some length
the clause Of the Constitution upon which
the legislation in controversy might be
based. Smith continued: II the postulate
that the United States is entitled to the full
and updistracted attention, and all the
time of its employees be true, to the extent
/ of making the proposition a SUFFICIENT
foundation for the legislation under con-
sideratiop, then Congress may not only
| regulate the domestic relations of en-
ploves. and subject them to laws,
but il NAV say that no such
eulplove shall divert his attention
from the public employment long enough
TO give a penny fer religious purposes.
/ Certainly. that he shall not devote any of
his time 70 attendance upon church ser
vices. or distrac: his mind with theology
cal problems and political questions, are
put by the Conatitution upon an equal
plane. 1t is an insult to the understand
ing to say that giving a few dollars, more
or less, in support Of political or religious
ideas in which one believes, or permitting
the use Of q hall for their propagation, has
any tendency to corrupt the public service
or impair the usefulness OF the pubic
servant. Yet this is en action which this
statute prohibits, and if in this particular
void, it is void in toto. Smith closed
! after speaking about an hour.
Solicitor General Philips spoke in reply.
The point made was that the Government
had a right to the undivided services of
it's employees. and had to say whether this
or that interfeFed with their efficiency.
Vessel Picked Up.
FoRTREss MONROE, Oct. 25.-The Span
ish steamer Deliver arrived yesterday
afternoon, having in tow the French brig
Mary Anne, from St. Domingo with coffee
for Havre. She vas picked up yesterday
about 125 miles east Of Cape Henry with
only three men on board. The Captain,
two mates and six men had died on the
passage Of yellow fever. Tbs vessel was
drifting about. She was towed to quaran-
tine, below Norfolk. and the authorities
notified.
Arrest Of Arthur rayne.
WASHINGTON, Oct. 23.-Artbur Payne
has been arrested for bribing Juror
Brown In The Star Route cases. When
brought in Court his bail was fixed at
90 600. The Government intenda to have
a full hearing in the Police Court Of ali
the circumstances in the case, so that
the public may Judge Of the merits Of the
prosecution.
bead Bodies Robbed.
OWEN soCNp. Oct. 25.-The party who
returned from E search for the bodies
Of the Asia victims, report the pockets Of
all the dead bodies robbed. in some ins
stances even their shoes were taken off.
The Indians in the vicinity have been
spending money freely Of late, and evil
IDENTIFY benefited financially By the disaster.
Bank Robbers Sentenced.
GENEsEo (Ill.l, Get. 25.-J. J. Pratt,
E. y. Welsh and Albert J. Dupkle, the
K~ewaunee bank robbers, were sentenced
to six years, and ]. L. Scott, an accom-
! pi4Cei 70 ipuE sSaio II 'AN pShA1cAeAe
Jumped His Rail.
New YORK, Oct. 25.-It ia stated that
Richard B. Cornwall, indicted for embes-
cling upwards of SO, 0o0 from the Fourth
National Bank. has jumped his bail and
fed TO Europe.
spI OF tine Trades.
PHILADELPHIA, Oct. 25. The fine
weather has contributed to make the
trades DAYS In the group of bi-centennial
fetes a gain occasion. The feature of the
day was the procession aud display Of the
trades.
The walking Match.
New YORK, Oct. 25-3 P. M.-Hughes.
81; Hazel, 311; Rowell, sos; Fitzgerald,
296; Noremack, 1912; Hart, 237; Hertz,
259; Yint, 245; Panchot. 235.