New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-21

o,;r,on of the Court had been prepared by judge
Wallace and was 20 the erect tnAs S ~ Iudges
made by the prisoner counsel I've aeioa of the
were unanimous IN sustaining the vsil1n,t5 ~ and
sfarute upon which the prosecution wa srse
the opinion of majority OF the judges W. su
10 the defendant on the other points nc at - "a
which WIS filed with the Clerk OF the OVui| 10 ~
follows: ,,,. rnon
While we have not overlooked the several rnngs oar
attnut,on has been directed to tne polH i ne
strenaOusly pressed upon the arguioeit 1870 upon
consutuuOnality OF the act OF N@i'" 49,
which the indictment proceeus., osecrs or employees
Tn. act prohibits ali executive onlcers VI ursittnt
Of the United States not appointed % "" from re-,
~ ,bs advice and consent o. the senate az
quesng giving TO- or reori,I1s ~ money or property
w e, thl 9,nr ~ vsns Tor political purposes -
We cannot profess , 20 which bad become
a sonc o. extended animal ersoh. b' ~ toe
may have aimed at me rsanzsops of 80,
i,c,tirg contributions fOr party purposes hVi, 49,
nSilhs members OF exactng them by moral eoer
hongh it, provisions may be vel calculated
10 effect THE object II does not lollo" .ha S, -
tsd a legitimate means To that end NO peIson caN
b indicted under II for any other act than te one pr
ciselv designated Whatever may nave peeh ,ne
ANT cir,i instances. and however they may hsFe Yio
the moral complexion OF the transaction, the person
indicted can only be tired for doing the thlhg NncH
statute prohibits and unless TINS OF se soaee Y ~
All lts conoonifants be completely made crime .!
Congress tae statute Is nugatory -. .r,.n,, rho
II IL insisted FOR the detehaaht tt ~ ~ no tSnr or
coustuuoua power OF Congress 10 make Tue giving OF
requesting receiving OF voluntary C'i Oa
political purposes by subordinate Coy t, -
criminal offence III Is be observed however thsl the
iou ann
hhtvesn oieisls in this behalf The question then Is
whether il is competent for Congress 10 prohiDlt Co
operation officials in the raising Oh Ihus lot
Tnaobtr It lie lawful for Congress TO prescribe all
neeiru regulations the discipline OF Government
ptci.s aid ~ declare what infractions Of discipline
shall be treated criminal offences Inc power " PV
hjbt acts officers employees which are hcomlalDle
with the proper dlschargs OF their duties, or which I'M
pair efficiency or Leld 10 dehSIaLe Int PuDIO SCI
ernneni, and tnis power Resides in the Legislative
Department Of the Government
saaaf N.vaY sa4trr nj Y
erse lts gment and dscre,On III determining what
acts moi OF such pernlci"us character ana
held and Doundsrres cannot always he rrsdly 10
cated It only wnen Congress mas paipah.y Trans
re,se The limits discretion that the Judlcdl De
partment VII! intervene. such case nlgnt arise II
Cons should attempt - pr0AlOt an act Oh n''Se
pertaining so exclusively 10 the sphere or private COLI
uct maj IL not 10y Implication lmpinse upon
end or Official disc pIinr We are not aule
20 M maj me prOuiteu by ne present salute are
~ sicb a character. We cannot affirm tnat Congress
trasscend,a rs discretion prohibiting transactions
49,. - ouici,,s winch create OF donor and
doner and introduce part interests mo Tic pdOhc
service nor tnai sress erred III assuming that Tie
1'Ir1rnees spnugiug IRON LIS Relation aud these
Interests shOd Dc discourage As hare 20 d1necl thr
IN, epencenee anu importantly which must RUE Official
ma t.ur-e Many Instances may De found IN The laws
OF cgless legislative discretion mas been
exercised AZ suhccs 70 fe4ef " oHe cOtlineu ~ 'Ie
ACT VI February 4, 1870, Wien prUnulS any OnteI OF
e!crK employ Of me Government from maAns any
t present 20 all Official SUPERIOR - If nOt necessary
10 MAINTAIN Jnat tue IOOeraiuh OF officials ID Raising
lands TO- IltcaI objects IS essentially nur@A@ng 10
puO, -r'cc VI s1o'e4n'e o. v'clp a. - SUI
neDt H. ,ty exercise OF tae legislative discretion
.l
disturb just &c upoSe OF OIcidi rea1ohs. II IL Is
susUs e,i right anu auIy of every good
cltlLru PrOm0tin- socA political OBJECTS a. ne
deems 10 be wise beDcDcai and tDat Con zIerr hhe
10 constitutional power 10 dDrdge tuat ESht me an
sWer c.izen : required To nod paDlc ONCE
aud II he i ui wiiilng 10 40 80 uPo" s''In 0o' 81
are prescribed b. LAa department vi Tie GO' ernmcnt
WHI tae Orce u2en lie tenure du res uLtes Its
incidents, II &c ms uut! Ia resign. ,
In reaching CONCLUSION tn.t the statute u not obnoX
ous tue objections "heh nave Deen -lsges,ed' We
have gwen tore I" ne p i f me % ne yor
Ali tsl
SHOULD prevail al cOnlctS 81 Interpretation ANA 81
uOuDtGI implications OF constitutions power So AS u
possl Ole, the Ya4iulty OI legislative action
nave examined the minor lOints falaeG upon The
,r,,,nr,t , pr,,,nteu "A I've Drie oI counsel reaIng
10 tue rulings pom trial. but 90 not deem 1t neces-
ssry discuss theD We thnA IDem 70 De "ltAout
he motion in arrest OF judgmen; and for trial Is
denied
United States District-Attoney WoodfOrd moved
for sentence upon the PRISONER. Ar. SmI.h said
thai he Intended 10 bring he matter before The SUI
prene Court and asked Tor suspension OF sentence
uuul the appeal could be mace. Judge DenedlcI
sad mat il would not interfere with tie Hshts oI
me prls0uer il sentence were pronounced aud Ten
eral ur;Is were place. at the bar Judge benedict
read the statute lnder winch OeA"ra4 OurOls was
couVlctud and SAID " 1 he question whether the
receiving OF money for political purposes from an
Oticer OF eInpOye of the Government by any one Of
a committee organized Tor the purpose OF cOIiect-
LIZ money for political purposes docs not rehrer
liable 10 punishment every nemDei OF such com
InIttee who Is al executive OiDceI OF eHpoye u nc
United Stdtes, IL question hOt uoeIA4lHcu IN tiiH
ca-e. TIE senlenco vi jne Court Is tn1L you pay
une OF 5000 for the offence charged IL me Drst
count 0f tue Indictment under WAicA you @ere
convicted. and Oh pJOU for tue offence charged III
the elaltn count making III All the sum Of Fl,OOU.
and mat you STAND committed hi TIE NE Is pald'
General curtis received lie sentence without emo
ton standing cree, before the Judge. tie Was iaKen
from the COURTROOM by DeputJ Marshal holmes,
ana Vas transferred 10 LIc once Ul Marsh q
Knox IL Mass .u-st. DIS ucJ-AttOrney MOOuIO.d
ana MI SnnLu also Went 70 me Office, ana Gcnera
Curtiss counsel there appointed ana sworn ia
DC Il spccla deputy -nlArsnai, and tne PRISONER vas
cOmuIi TED TO charge. Nj. SuilIA SAID mat he
Intended apply 10 Culci ust4Ce W att, Who, he
understood, IL Lyme, Conn. IOr writ OF h.t-
OeaS corpus and the application would % maze not
IL ieI tnu to-day II met Justice att grants The
VIII desired IL may be maze TctIrnaDIe either De
fore mn al Lyme OF before the I'LL bench OF the
supreme CodTt al asnlng on. 10 be pre- Jared tOr
every contingency, UlstIlciA .tOrney OOdIOrd has
made application Tho Attorney -UencIai 4Or per
mission 20 OF the district TO argue the cast II
the wit should retuGnaDle before the Chlei
Justice al hi- nome. General urIIs anu MS counsel
- pocLed W leave for Lymie last nIgnt
MIDNIGHT WEATHER REPORT