The Dallas weekly herald. [volume] (Dallas, Tex.) 1873-1885, 1882-12-21
Washington News Notes.

WASHINGTON, Dec. 1S.-The supreme
court this morning rendered decision in
the political assessment case of General
Curtis The constitutionality OF the law
under which Curtis was convicted is at.
firmed and the petition for writ Of habeas
corpus denied.
THAT OPINION.
A decision was rendered by the supreme
court of the United States in the political
assessments case of Newton Martin Curtis,
which was brought here by petition for a
writ of habeas corpus. The opinion of the
court is: The petitioner, an employe Of
the United States, was indicted in the cir
cult court for the southern district of New
York, and convicted under the 9th section
of the act August 10th, 1876, prohibiting
officers or employees of the United States,
not appointed by the president with the
advice or consent of the senate, from re-
questing, giving or receiving from any 9th.
er officer or mploye OF the government any
money, property, or other thing OF value for
political purposes. Upon his conviction he
was sentenced to pay fine and stand com
mitted until payment was made. Under
| this sentence he was taken into the custody
of the marshal, and on his application a
writ was issued by one OF the justices OF
this court in vocation, returnable here at
the present term to inquire into the valid-
| ity of his deten tion. The important ques-
tion presented in the writ so issued is
whether the act under which conviction
was had is constitutional. The opinion Of
the court was read by Chief Justice
Waite. 1t holds the act is not
one to prohibit all contributions of
money or property by designated
officers and employees of the United States
for political purposes, neither does II pro-
Al 81, al bar frap vi
Letting money or property for such pur-
poses. 1t simply forbids their receiving
from or giving to each other. Beyond this
no restrictions are placed on any of their
political privileges. The evident purpose
OF congress in all this class of enactments
has been to promote efficiency and integ.
rity in the discharge Of official duties, end
10 maintain proper discipline in the public
service. Clearly such purpose is within the
Just scope OF legislative power, and 1t is
not easy 10 say why the act under consid-
sration does not come fiirly within the legit-
innate means to such end. Managers Of
political campaigns not in the employ of the
United States, are just as free now TO call
oA those in Office for money TO be used for
political purposes as ever they. were, and
those IN Office can contribute as literally as
they please; provided their payments are
not made to any Of the prohibited officers
or employees. A feeling Of Independence
under the law conduces to faithful public
service, and nothing tends more to take
away this feeling than the dread Of dis
missal, If contribution from those in pub
lie employment be requested by others
in official authority; 1t is easy
a request may end as a demand, and that a
failure to meet the demand may be treated
by those having the power Of removal as
breach Of some supposed duty growing
out of the political revelations Of parties.
Contributions secured under such circum-
stances will quite as likely be made 10
avoid consequences OF personal displeasures
OF supervisors as 10 promote political
views. and contributions made to avoid dis
charge from service more than 70 exercise a
political pr vilege. The law contemplstes
no restrictions upon giving or orreceiving ex-
cept 80 far as may be necessary 10 pro-
tect in some degree those In public
service against exactions through
fear Of personal loss. IL there were no other
reasons for legislation Of this character than
such as relate 10 the protection Of those in
public service against unjust exaction, its
constitutionality would, in our opinion be
cleAr. Bot there are others 10 our mindsequal-
ly good II persons in public employ may be
called on BY those IN authority 20 contri-
butte from their personal income 10 the en-
penses Of q political campaign, the ref1sal
may lead 20 puttine foOd men Out of ser
vice. Liberal payments may be made the
ground for keeping poor ones In So, too.
II part Of the compensation received Tor
public services must be contributed
FOR political purposes, IL s easy
70 see that increase Of
compsnsafion may be required 20 provide
the means 70 make contributions, and that
In this way the government itself may Be
made 10 furnish Indirectly money 70 defrny
the expenses of keeping q political party IN
power that hsppens fof the time beng, 20
have the control Of public patronage. Po-
Iitical parties must always necessarily eIirt
under republican form Of government.
and when the public employment depends
20 any considerable ertent on party sue
60 thoss IN once VII nafurnlly BE- desir-
Gus Of ksrping the party 70 which they BE-
long IN poEer- The statute ne are nov
considering dos not interfere with tlia ap-
parent end q nonEres n Be- accomplished.
Il 4 rre--.fs thcst = ps~er from requir-
ina help f1f such purroses as cuntrltufi0us
V cunfInued enplCT--cEL n cur orinion
ne statute under ghirt riie ..etisi1ner was
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