New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-07-01
THE COURTS.
ARGUMENT IN GENERAL cURTIss CASE.

ARGUMENT IN GENERAL CURTIs'S CASE.
United States Assistant Distr1ct-Attorney
Fero yesterday fled his brief the motion for new
trial and OF judgment in the ease OF General NJ
NJ Curtis The largest part OF the argument is that con-
corning the conshtutionality Of the law under WHICH
General Curtis was convicted Mr. Fiero argues against
the assertion Of the defendant that the law IL uncons
uonal because 1t abridges the rights OF citizen lie
says: at Congress has power to make laws regulating
the defendants appointment and the appointment Oh
other employees OF the Government Congress has power
also to make laws regulating their qualifications ana
conduct employee The defendant and all other en-
ployes took their positions subject TO such burdens
might be imposed by law. II they do not de-
sire the offices with the burdens and conditions imposed
they liberty to decline resign" After further
argument Mr.. Fiero continues:
"when this section originally proposed in the
House OF Representatives. the proposer said est
tmated that this reduction of salaries o. e. the salaries
of Government employee because OF tine reduction In the
appropriation will not make any material difference 10
the employees OF the Government, rs my amendment
(this section proposed rs an amendment TO the
Appropriation bill will relieve them from the assess
ments made for party purposes In connection with
this IL may useful menton the somewhat remark
actif the contention OF the defendant Is tenable-
that although this statute before Congress several
months and was not hasty and Ill considered legislation
as claimed by COUNSEL the only objection made IN either
house Of Congress to the passage OF this section
the law was regarded on all sides as eIninently
proper in every regard, many Representatives
distinctly stating that it was entirely unobectionapie,
and the only objection made that 10 was not In order
TO inject IL into an appropriation Dill III was not sus
gested that or might or could be- IN any respect
Unconstitutional and the power OF Congress 10 pass
laws for the government OF all United states empoyes'
which has been exercised for the last one hundred years
has before been questioned such law" are Tor tne
public good. The ends to be urthered by this law as
by the official record the intent OF the law maker
therefore, were reduction Of Government ex-
pendifure 10 secure faithful Government servants ny
securing, through exemption from this taxation, ample
their service and to uproot the EVIL OF
excessive party assessments for political purposes
Surely requires argument to prove that these ends
are constitutional" , l.,
The right OF Congress make similar regulations IL
shown have been exercised since the origin OF inc
Government Sections cited which provide mat no
Government employee shall solicit contributions from
other employees GIFT present to those In snpe
official station and that gifts or presents shal DO
received by superior officers from Interiors Also, laws
cCd restricting the right Of persons employed In the
diplomatic service certain kinds OF clothing,
and restricting the right of all persons not connected
with the eter-carrer branch of the postal service 10
particular kind OF clothes. The other objections
made by the defendants counsel are considered
In consequence of the ijuries sustained by Judge
Brown in NewJersey railroad accident, the Crcut
Court will not render its decision Oh the mPloh I'LL
July IL.