The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-12-28
The. Supreme Court On Political As
scssrnenis

!
The. supreme Court On Political As
! easements.
WASHINGTON, Dec. f6-A decision
was rendered by the supreme court oh
| the United States to-day in the political
assessments case Of Newton Martin
| Curtis. brought here by 4 petition Tor
writ OF habcas corpus The opinion OF
the court Is as follows; petitioner, AN
empicye of the United states, vas IN
| dictcd in the circuit court Tor the south
ern district of New York, and convicted
under the sixth section Of the act OF
August 10. 1876, prohibiting oincers or
employees OF the United States, NOT ap-
pointed 10y the president with the adj
| vice and consent OF the senate, from re-
| questing, giving to.Or receiving from
| any other officer or employe OF the gov
| eminent any money or porpeTty, or oIh-
er thing OF value, tor political purposes.
| L pom his conviction he was sentenced
to pay fine and stand committed until
| payment was made Under THIS sentence
he was taken into the custody OF The
marshal and on his application wit
was issued by one Of the justices of this
court in vacation, returnable here at the
present term, TO inquire into the valid
| ity of his detention The important
| nIlEGf1On
IL whether The act under which the CON
yiciion was had is constitutional. The
opinion OF this court was read by Chicf
Justice Waite. L. holds the act is not
/ ope 20 nrohibit al combinations of
money or property nv designating Off
GERS or employees of the United States
| Tor noliticai PURPOSES: neither docs II
! nrohtbit Them altogether from receiving
or soliciting money or property for such
| pnruoses II simply forbids their re-
| ceiviug from or giving to each other.
| Beyond this no restrictions are Placed
| on any OF their political privileges.
The evident purpose Of congress il all
tins class of enactmeuts has been to
! DromOte efficiency and integrity in jliv
! discharge of official duties and 10 mGiG-
| tam Dr1per discipline in Tie public SER
| yFee i,rrtaiuly such & nufp0sc is
| wjlhin 81 ms. sc6ue of legislative power.
and If is difficult TO see why the act
/ now Dnder consideration does not cCme
| r,irlv within legitimate means TO such
end Maoaucrs of Duliticai romDaicns
| moi in IN. emnIpyment of The t-nils d
| states are inst as nee now to cali on
those in office for money to be used for
| noli,icaI Durnosas as eyer they were
| ~ 49, IN rtfira car roptribul,. as
| lIhcraIIv as ihcv please. provided ,heir
| nnymcnis are moi made to any of the
| nr1hihi,eA officers or emploves. A
! j.elipg If irdeneudcucc dntfrr the
| iou, c.1,,Aures ~ faithCul nubIIc service
| All ,,nrhina tends morn 10 take away
| III fs,.firr TIN the dread Of
| dismissal II contributicps from those
in nubjic rnnlovment may be solicited
| nv oihnrs in 6fIlciaI authority. il is easy
~ 81, 40, -, Ie,yi,,s-as . Isc1last ,r,y
! ayG a. a lI,.,,,g,,d and that faiiurt ia
| 49, - -
| tI,C,c t..,,,,,,cr 1,I,vsr If removal IS n
h-,,col, al; ~. s,,,,,,,s.i .iutv ,rrog..,,cJ
! on, of ,f,c noliticai relations OF The par
| ,ias Cnntrihntions Secured under si1cI,
-, Iii ouita 40 Iikaiy h.,
80, g., a,1C,i5 Inc ,itnseouat,7t.. ~ he
-a-Io,'a, r,iaas,,re at ihe sunrrinr ms
| ~ 800 AZ. ,,oTit,o.l viapvi N ,b..
| roItrihr,or ar -, sv,,iI discharse from
III. c.ryi,.,, NOR. than T., exercise pn,iti-
| cal nr;v;iaGas The lazy concentrates
| no res.ric,ions uron ,trviry f,r receiving
| eycer, 90 Gar as may he necessarv 10 iri,-
| ta1, i, 80. ,Iaor,.,. ti,ose in tbe nntIic
| servic,- .,Joinst cyec,ions fhrouqh fear
| ~ ,,erson,=i loss If there wera no other
r4asons for LEGISLATION of this character
,han snch "a TeIats 10 the protection of
| thcsa in the nub;ic service against IN
| inst pxactioas its conslIjutionalIty
| wouId in our uninion. he clear. But
| there are others IN our minds of eouaI
| rood IF rerso,,s in the nublic emT1loy
nav he called unon nv inosa in author
| inv to give from Ihclr personal in.
| c0mes "a the txnenses of political
campaigns and refusal may lead
to putting good men out of ser
vice Tibersl naymenis NAV lie
| noda n T,onnJ TOR keepjno nnnr on,s
in So Too, If part of the COMPENSATION
received for public services must be con-
| trihuied for bolitical purposes, 1t is easy
| 10 sec thar am increase of condensation
NAV he reonired 10 nroyid. means 10
| m8ie The contribution. and that IN this
| wav the government itself NAV be made
| to furnish indirectly money 10 deiray
| the expenses of keeping political par
| ~ in power that happens tor the time be-
| ing TO have control of the public patron
| are. Political narlies must ALWAYS nee
| eSsarilv exist under Republican form
| of government, and when thu public
| emuloVnlent depends 10 any considera-
bic extent on the party success those In
| Office will naturally be DESTROYS of keep
| ing the partv 10 which they belong in
mower. The stallte we are now consid-
| erinr does NOT interfere with this The
apparent end of congress nav be accom-
| piished If il prevents those ia power
| from recurring help tor such purposes
| as a condition To continued employment.
| In our opinion the statute under which
the petitioner is convicted is constitu-
| tional. Other objections urged TO de-
tention cannot be considered ia This
| form of proceeding. Our inquiry IN
this class OF cases are limited
to such objections as relate to
| the authority OF the circuit
| the prisoner il held We have no gen