The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-10-25
ClVILSERVICE REFORM.
THE POLITICAL ASSESSMENT CASE
or ten. cartIs-Arsument Of tho Application for
hAbras CorpuS-AttOrnfy Smith Presents tho
Case ofCurtlA 10 n Peculiar Ltsht-ro.
lltical and Religious Rtrhti. .

Case OF Curtis 10 Peculiar Ltsht-ro.
lltical and Religions Rtrhti.
WASHINGTON, October 24.-The political
assessment case OF Newton af. Curtis, No
Q, original petition for haLtus corpus was
called in tho United States Supreme Court
at halt-past . o'clock this afternoon. The
Court room was nearly deserted owing 10
the uncertainty as 10 the time when the
case would be reached. Ex.Assistant Attor.
ney General Smith, Of counsel for the pc.
titioncr, opened the argument with n brief
recital OF the facts upon which the petition
for hobeaS corpus was based. Gen. Curtis,
an empoye OF the Treasury Department In
the Custom House, New York, is now I'M.
dergoing imprisonment by virtue Of n
judgment ofthc United States Circuit Court,
for the Southern district Of New York,
rendered upon his conviction under m
an indictment charging him, as I'm
cmployc Of the United States with
having received money for political
purposes from other employees Of the Coy.
ernmcnt, contrary to the statute. A writ
Of habeas corpus is asked for to relieve hin,
from this imprisonment and bring his case
before this court for review. Smith began
his argument by saying the court below
hud no jurisdiction in the case for the
reason that General Curtis ut the time OF
the alleged oilense was not M executive
otlicerof the Government within the mean.
Ing OF the statute. lie was an expert, OF
whose special and technical knowledge The
Government availed itself in certain class
OF custom cases. An expert In the custom
house is not IN executive officer OF the
United States. This being so he is not
amenable to the statute under which he
WIS indicted and the court below had no
right to try him. Ii the person indicted
be not such IL person as the law describes,
then the court has no jurisdiction. Whether
tue man is an executive officer or not is
not jurisdictional question.
At this point Smith WIS stopped by the
Chief Justice who asked, "ls not that a
question for the iury?' Smith contended
- Ntct O'so HuCstloA tUl tlle SouIl.
The Chief Justice-ls it not 4 question Of
iact?' -
Smi.h-It is; but it is n question upon
which the jurisdiction OF the court below
depends and isthereiore Il question for your
honor. .
Chief Jus.ice-Do I understand you to
be OF the opinion thas this court on a
habcas corpus proceeding can ascertain
whether General Curtis was or was not an
Executive officer; that We can go through
q record and look into testimony for that
purpose?
Mr.. Smith said such was his belief; that
this Court was the supreme judge Of both
the law and facts. but he brought npon
himself such fire OF embarrassing cues.
tions from all parts Of the bench, particu.
larly from the Chief Justice and Justices
Field, Harlan and Gray that he abandoned
that branch Of his argument. "
Smith next took up the question OF the
constitutionality Of the law. It is not, he
said, a statute 10 prevent the levy OF politi-
cal assessments; it is law aSains. volun-
tary contributions for political purposcs,
and it is nothing else. 1t iorbids subordi-
mates to unite for the promotion OF objects
they approve, but it does not prevent their
srperlors from using coercion to compel
contributions for purposes the contributors
may entirely disapprove OF. The Constitu-
ton contains no clause, no grant OF power
upon Which such law passed for such IL
purpose, can rest. Certainly the authority
Tor it is no where expressly given, nor does
n careful scrutiny reveal to usuuytliinr
from which it can be derived, even by the
most strained inference. Alter reviewing
NJ some lcnstl, the clause Of the Cons,iti-
ton upon which the legislation in contro-
versy might be based. Mr.. Smith con
tinued. vi the poslulate that the United
States is entitled to the iull and undis-
tnrbed attention and all the time Of
It's employees be true, TO the extent OF max
ing that proposition sufficient foundation
tor legislation under consideration, then
Congress may not only regulate the domcs.
tic relations Of these employees and subject
them TO sunultuary laws, &c., but may say
no such cnplove shall divert his attention
from public employment long enough to
give, penny for religious purposes, Ger
tainly that he shall not devote any OF his
time to attendance upon church services,
or distract his mind with theological prob.
lens. Political and religious liberty are
put upon an equal plane. One right,
under any plausible pretext whatsoever, to
restrain the freedom Of action Of any
Federal employe rs 10 political Affairs
necessarily implies like power OF
control over his political conduct.
No republican government, state or nation
has any right under the color Of regulating
the official conduct or otherwise to make
such cxactions OF its officers as shall deny
him the right or deprive him OF the on.
portunity to exercise the ordinary privi-
lege OF election and OF Il citizen. 1t is IN
insult to his understanding to say that the
giving OF few dollars, more or less, in the
support Of political or religious ideas in
which one believed, or permitting the use
Of hall for their propagation has any
tendency to corrupt the public service.
Yet this is the action which this statute
prohibits, and If in this particular it is
void, il is void in toto."l =.
Smith closed after speaking abont an
hour
Solicitor General Phillips spoke for rhalf
an hour in reply. lle said the pivotal
question in the case was the constitution.
ality OF the statute. Can the Court say it
is legally assured constitutional for the
legislature 10 declare that no emp!oye OF
the Government shall bccomea trustee for
holding money for political purposes. 1t
seems beyond controversy that the federal
legislature can makea provision to secure
to the United States the full aud undivided
attention OF all who accept office under
them. To the same general extent this
can be done by any government. -% -!
NOVEL RAILROAD ENrERpRtSE,
A. .Stupcnd0u~ Project for n Continental
,Io North aud South Line.
WAslllSlrps, October ~ Mr.; Hinton
Rowan Helper, author Of the ''1mpcndihg
Crisis" book which msdc some noise in
its day, and the originator OF plan ior, n