Evening star. [volume] (Washington, D.C.) 1854-1972, 1882-07-20
Political Collections.
DECISION AGAINST GRANTING GIN. CURTIS NEW

DECISION AGAINST GRANTING GIN. CURTIS NEW
TRIAL
NEW YORK. July 2o-The case Of Gen. Newton
M. Curtis ex-treaSury agent, who was indicted,
tried and convicted In the United STATES circuit
from ofnce-holders for political purposes, again
came up to-day, when decision was rendered by
Benedict and Brown, on the motion for q new
trial and In arrest Of judgment, which was argued
fortnight ago: Judge Benedict said that the
validity OF the statute touching this case He then
handed down an opinion prepared by Judge WAL
forth that then assent.oa has oeen cheiy 's as
E dressed SgSp relating
ceeds; after rscitnE tie terms Of which they
Law was enacted in order to inserdict prscs;ces Ices
which had become "a topic 81 extended animal
t yeson Bst haze ben sd at
vailed among party oreanizattoas ot soliciting
S Sp for party from their once
be well calculated 70 eject this
object II does not follow that it can be sustained
be indicted under 1t for any other act than the one
precisely designated Whatever may have been
may have qualified tho moral complexion of the
transaction the person indicted can only be tried
1or doing the thing which the statute prohibits.
comitaDts, can be competently made a crime BY
Congress the statute IS nugatory. 1t is insisted
stitutional power OF Congress to make the giving
or requesting, or receiving OF voluntary contri-
button for political purposes BY a subordinate
observed: however. that the prohibition applies
only when there is concerted action between
whether 1t Is competent for Congress to prohibitco-
operation between olcials In the raising OF FUNDS
for political purposes: Undoubtedly 1t is lawful
for Congress to prescribe all needful regulations
for the discipline Of government officials, and to
declare what infractions OF discipline shall be
treated as criminal offences. The power to pro-
hibit acts OF officers or employees which inconl-
which impair the efficiency OF tend to demoraiize
the public service Is essential to promote the end
in the legislative department Of the government
exercise its judgment and discretion In determining
what acts are or are not OF such perncious char
acter and tendency: This legislative discretion
be readily located 1t is only when Congress has
palpably trahsgressed the limits Of its discretion
are not able to Say that the acts prohibited by the
present statute are of such character. We cannot
affirm that Congress transcribed its dis
officials which create the relations OF
donor and denee, and Introduce party
Congress erred In sssmnS tSat tss influences ess
springlng from this relation and these interests
should be discouraged as liable to defect the in
official intercourse. Many Instances may be found
IN the laws OF Congress where this legislative
discretion has been exercised 1t suf1ces
to refer to one contained in the act OF
February 1, 1870, which prohibits any
officer or clerk in the employ OF the government
from making any gift or present to an official
superior. 1t is not necessary to maintain that the
cooperation OF officials in raising funds for pOliti
cal objects is essentially demoraZing to the pub
lie service or subservient OF discipline; it is SUM-
cient to justify the exercise OF the legislative dis
erection II the prohibited acts tend to introduce
interests which disturb the just equipose OF ocal
relations It is suggested that II Is the
nla sad the Saty st every EoSa eae5 to ad IN
wise and beneficial, and that Congress has no
constitutional power to abridge that right, the
answer Is that no citizen Is required to hold q
public office, and IL he Is unwilling to do upon
such conditions as are prescribed by that depart
ment OF the government which creates the Office
fixes its tenure and regulates its Incl
dents, it is his duty TO resign. In reach
ing the conclusion that the statute is not
gested, we have given force to the presumption
In favor OF its conStitutonality, which 1t Is the
duty OF the judiciary to apply to all legislative
actments- This presumption should prevail in all
conflicts OF Interpretation and all doubtful 1mpu-
cations OF constitutional power so as, possible,
to sustain the validity OF legislative action.
We have examined the minor points raised upon
the argument and presented in the prier OF coun-
sell relating to the rulings upon the trial, but do
not deem 1t necessary to discuss them. We think
them to be without merit. The motion in arrest
OF judgment and for new trial Is denied