National Republican., 1882-12-19
ASK AND YB SHALL RECEIVE.
But Don't Make Any Demands or You May
Get Into Trouble
So Rules the Supreme Court in the
Political Assessment Case,
The Statutes Do Not Prohibit Proper Efforts 10 Keep
Party in Power
But Contributions Must Not Be Made q
Condition OF Continued Employment.

court OF the U01UeQ SIaueS MONDAY III une pO-
litical assessment case of Newton Martin Cur
tbs, brought here by petition for a writ of
habeas corpus.
Curtis, the petitioner, an employe of the
United States, was indicted in the circuit
court for the southern district of New York
and convicted under the sixth section of the
act of August 15, 1876, prohibiting officers or
employees of the United States not appointed
by the president, with the advice and consent
of the senate, from requesting, giving to- or
receiving from any other officer or employe
of the government any money or property or
other thing of value for political purposes.
Upon his conviction he was sentenced to pay
fine and stand committed until payment
was made. Under this sentence he was taken
into custody of the marshal, and, on his ap-
plication, writ was issued by one of the JUS
tees of this court in vacation, returnable
here at the present term, to inquire into the
validity of his detention. The important
question presented on the writ so issued is
whether the act under which the conviction
was had is constitutional.
The opinion of this court, which was read
py Chief Justice Waite, is substantially as fol-
COWS:
The act is not one to prohibit all contribu-
tions of money or property by designated Off
GERS and employees of the United States for
political purposes. Neither does it prohibit
Unem alUOReuncT ITOm TcCSlNllS Ut builClJlLS
money or property for such purposes. 1t SIM
ply forbids their receiving from or giving to
each other. Beyond this no restrictions are
placed on any of their political privileges.
That the government of the United States
Is one of delegated powers only, and that its
authority is defined and limited by the con-
rtitution, are no longer open questions; but
express authority is given congress by the
constitution to make all laws necessary and
proper to carry into effect the powers that are
delegated. Art. 1, sec. s. Within the legiti-
mate scope of this grant congress is permitted
to determine for itself what is necessary and
what is proper
The act now in question is one regulating
in some particulars the conduct of certain Off
GERS and employees of the United States. 1t
rests upon the same principle as that orig
inally passed in 1879 at the first session of the
first congress, which makes it unlawful for
certain officers of the treasury department to
engage in the business of trade or commerce,
or to own sea-vesscl or to purchase public
lands or other public property, or to be con-
cerned in the purchase or disposal of the pub
lie securities of the state or of the United
States (revised statutes, sec. 243); and that
passed in 1859, which makes it an ofense for
a clerk in the same department to carry on
trade or business in the funds or debts of the
states or in the United States, or in any kind
of public property (idem, sec. 244) and that
passed in 1912, which makes it unlawful for a
Judge appointed under the authority OF
the United States to exercise the profession
of counsel or attorney, or to be engaged in the
practice of the law lid. Sec 713) and that
passed in 1858, which prohibits every officer
of the United States or person holding any
place of trust OF profit or discharging any
official function under, or in connection with
any executive department of the government
q, of the United States or under the senate ol
house of representatives from acting as an
agent or attorney for the prosecution of any
.1,.,~ ,.,,,N .tnlG ,tn.Is
and that passed in 1863, prohibiting members
of congress from practising in the court OF
claims i'd sec. 1853 and that passed in 1867
furnishing by dismissal from service an officer
or employe of the government who requires
or requests any workingman in navy-yard
to contribute pay any money for political
purposes lid. sec. 1886 and that passed il
1868, prohibiting members of congress
from being interested in contracts
with the United States id. sec. 3739)
and another, passed in 1870, which provides
that no officer, clerk, or employe in the gov
ernment of the United States shall solicit con
tributions from other officers, clerks, or EN-
ployes for a gift to those in superior ofticia
position, and that no officials clerica
superiors shall receive any gift or present al
contribution to them from persons in gov
ernment employ receiving less salary thar
themselves, and that no officer OF clerk shal
make a donation as gift or present to any
official superior id. sec. 17s4). Many other
of a kin and Character might be referred to
but these are enough to show what has beer
the practice at the legislative department o
the government from its organization, and 81
far as we know this is the first time the con
stitutionality of such legislation has ever beer
presented for judicial determination.
The evident purpose of congress in all thi
class of enactments has been to promote eff
cheney and integrity in the discharge of Off
cial duties, and to maintain proper discipline
in thn l,nrn
is within the just scope of legislative power
and it is not easy to see why the act now un
der consideration does not come fairly within
the legitimate means to such an end. 1t i
true, as is claimed by the counsel for the pc
titoner, political assessments upon office
holders are not prohibited. The managers o
political campaigns, not in the employ of th
United States, are just as free now t.
,all on those in office for none,
to be used for political purposes a
ever they were, and those in Office can con
tribute as literally as they please, provide
their payments are not made to any of tn
prohibited officers or employees. What we ar
now considering is not whether congress ha
gone as far as it may, but whether that whic
they have done is within the constitutions
limits upon its legislative discretion.
A feeling of independence under tn
law cOnduces to faithful public service
and nothing tends moro to take away thi
feeling than n dread of dismissal. Ii con
tributions from those in public employment
may be solicited by others in official author
, aty, it is easy to see that what begins as a re
quest may end as demand, and that q failuI
to meet the demand may be treated by thos
having the power of a removal as a breach
some supposed duty growing out of the pc
litical relations of the parties. Contribution
secured under such circumstances will quite
likely be made TO avoid the consequences of til
personal displcasure of a superior rs to pre-
mote the political views of the contributor,
avoid discharge from service more than I
exercise political privilege. The law col
templates no restrictions upon either givin
or receiving, except so far as may be necessar
to protect in some degree those in the publ
service against eXactiOns through fear of pc
sonal loss This purpose of the restriction
and the principle on which it rests are mo-
distinctly manifested at section 1916 aRpr
the reproduction in the revised statutes
section of the act making appropriations fC
the naval service for the year ending June 3
1865 IA STAT 499, c. 172) which subjected a
officer or employe of the government TO di
mssal if he required or requested workin
man in navy-yard to contribute or pa
any money for political purposes and pr
hibited the removal or discharge of
workingman for his political opinions, and
section 1854, a reproduction of the act
February 1, 1870 (chapter 63, 10 Statutes, 63
" to protect officials in public employ" !
providing for the summary discharge of tho'
who make or solicit contributions for presen
10 ", for a IN,