The Evening critic. [volume] (Washington, D.C.) 1881-1885, 1882-07-26
POLITICAL ASSESSMENTS.
Secretary FoIgcr ProcInims Perfect
Freedom TO Give or Not to Give.

ErccUOm 10 Give OF MOI 10 GtNc.
Tho opinion OF tho Attorney. General on tho
question submitted by Secretary Folger--
namely, whether Member OF Congress is an
ofllcer OF the Government within the meaning
OF section O OF tho act OF August 10, 1875,
which prohibits tall executive officers or en-
ployes OF the United States not appointed by
the President with tho advice and consent OF
the Senate, from requesting, giving TO or ro-
cciying from any other onlcer or employe OF
the Government any money or property or
other thing OF value for political purposes
hns been made public
The Acknowledgement says n member OF Con.
grees--Scnator or Representatives public
officer in a broad and general sense, and he
quotes tho section OF the Revised Statutes ro
duiring them 10 take the oath of office In which
they are so designated; but no Is not an oiIlcer
OF tho United Statos In the constitutional
meaning of tho term, and II was so determined
by tho United States Senate In tho Dlount i'm
parchment case In 1900. Tho Attornoy-Gen-
cral quotes the sixth section OF the FIRST article
OF the Constitution and the first section OF the
second article and tho third section OF the four
teenth article to show that distinction Is
drawn between members of Congress and other
officers OF tho Government. III tho penal leg
islatlon of Congress n like distinction Is made,
md numerous statutes are cited In lllustra-
ton. From this ho says that IL Is fair to as.
sumo that the word "ofIlcer'' In tho act OF
August 10, 1876, Is used In tho same narrow
senac, and does not include a.member OF Con-
gress. To place n construction thereon which
would embrace among the latter those who
are not officers In the common acceptatlon OF
tho word, ana thus enlarge tho penal effect OF
those provisions, would not BIO warranted by
any sound rule OF Interpretation.
In transmitting this opinion of Mr.. A.
Thomas, Of the Second Comptroller's ONCE,
who first mndo the inquiry, Secretary Folger
eays: 81 Will take this place to say that I
Wish II felt throughout the Treasury Depart
ment, In all It's ramifcations of service, that
no servant OF the United States therein need
feel the slightest pressure upon him to give,
II he does not wish TO give. II he has that be-
lief In tho soundness OF the principles OF tho
Republican party as TO desire their sustenta.
tlon and success, md TO be willing and de.
sirous Of showing his faith by his works, and
feels that no Is able TO aid, lot him give OF his
substance or his income II he secs ut. Or,
II he is OF other political faith, or the claims
of family or the needs Of self pinch
his purse, and he wishes not to glve, lot him
freely refrain therefrom. l would havc him
think and feel and do as II in the religious
Westinghouse OF his choice the preacher
should lay before him the needs OF some cause.
If II was commended to his Judgment and he
felt able and willing TO spare of his pelf no
would give. II 1t was otherwise, he would
hold fast that which was his own so, abso-
lutely go, IN the matter In hand. Lot 1t DO I'M
derstood and felt by all who hold place under
mo that whichever way they take 1t theylmay
take II unmolested by me. Therefore say as
mean. Iwill do as say"