New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-10-25


COURT IN AN APPLICATION FOR WRIT OF
HABEAs CORPUS
WASHINGTON. Oct. 24.-Tho "political as
eessnent case OF Newton NJ Curtis Weliton for habeas
cornrs) was called in the Uuited States Supreme Court
at $50 O'Clock this afternoon EXAs@i9taAt Attorney
General Smith, OF council for the peutoncr opclcd the
argument with brief recital of the acts upon when
the petition for habe1s corpus was based General
Curtis an employe .of the Treasury Department
I'm the Custom House at New-York CITY. is now
UNDERGOING Imprisonment by virtue OF Judgment OF
the United states Circuit Court FOR the Southern Dis
trct OF New Yor, rendered upon Lis conviction under
an indictment charging him. rs an empoyeo the United
States with having received money for political pur-
poses from other employees Of tho Government contrary
10 the statute OF 1876. writ OF habeas corpus is
asked for relieve him from this imprisonment and
bring his case before this Court for rciew.
Mr. Smith began his ar gument by asserting that the
Court below had Jurisdiction of the case. for the
reason that General Curtis, at tie time OF
the alleged offence, "e executive
officer OF the Government within the mean
eng OF tie statute. He an expert, OF whose
special and technical knowledge the Government
awaited itself in certain class OF custom cases An
oXpcrt in a Custom House ia not an executive officer
OF the United states. This beng 30 ne ~ nO auehhe
court right to try him.. II the person ia
dcted be not such person 10 tne Jaw deScTinos 'en
executive officer not is a jurisdictional ques-
The Chief Justce-Isn't that question for jury
Mr. Smith coutended that it was also question for
The Chief Jus,ice-Is It not question of iact
Mr. snhth-u is; but Il is question upon which the
jurisdiction of the court below depends aud therefore
Me CHEF Juspicc-Do understand you to be of opin
ion that this Court habcas corpus proceedings,
ascertain whether General CARTS was or was not
executive officer that we eau 80 through the record
Mr. smith said that such was his belief
The Qnief Justice asked no tmrther q1es9ns oTt
different view OF the province OF the United States
Nj smith contnued to maintain that this court
the supreme judge of law and facts but he brought
MI nlrts Of the bench particularly from the Chief
tice Justices Field Harlan and Gray, that he finally
abandoned this branch Of Ills argument in some aplar
confusion and took up the question OF the consltu
| tionality OF the law.
political assessments ii Is law against voluntary con
trbatlons political purposes anu II is nothing else
1t orbds subor0inatU - unite for the promotion OF Cd
ieets they approve but 1t does not prevent ler superb
ircm using coercion to compel contributions Tor ur
poser the cOntiibu may entirely disapprOve. Ire
Constitution contains clause aud no grant OF power
upon which suel law, passed for such purpose, can
prossy gwen does careful scrutiny reveal to us
anything from WHICH 1t can be derived even by the most
strained inference" i
After at some length the clause of the Con
might DO based. Mr. Smith continued If the postu-
late that the United states Is entitled TO the u ana I'M
distracted attention and al the une OF ~ einpoSes oe
The extent of making that proposition sufficient
Congress may not only regulate the domestic relations
Of these employees, and subject them to sunpiYary
his attention from public employment long enough
to give penny loI lengOnS en, n0
church services distract his mind with theological
problems. Political and religious liberty put by the
Constitution upon equal plane. One right under any
plausible preteXt Tha sOeyOr TO restrain he freedom OI
action of i Federal employe az TO political affairs
sarily implies like power of control religious
duct No republican government, state or National,
has any right under color regulating official conduct
otherwise. make such exactions of It's officer
shall deny him the right deprive him OF the 0ppor-
tunit exercise the ordinary privileges OF an elcctor
aud OF citizen. II Is insult 10 the understanding to
say mat the giving OF few dollars more or less IN sup
loves, permitting the use OF hall for their propaga-
ton any tendency 70 corrupt tue public service or
impair the efficiency OF tho pubhc servant Yet tOis Is
partlcu ar void it is VOID Ia toto"
Mr. Smith closed after speaking about an hour
REPLY OF The sOLICITOR-GESERALr
SOiclorGcneral Phillips then began his argument in
behalf of the United sta He would not he said
ider the question raised by counsel Tor the petitioner
with regard TO the Jurisdiction the Court below
dependent upon tho exact nature of tue Federal Office
which the petitioner held, since that u matter Of
subordinate Importance. The pivotal question in the
Court say that II is legally absurd O. unconstitutional
for ths legislature to declare that no epioye OF the
Government shall become trustee holding money
for political purposesi No nice enumeration
of the powers conferred by the Constitution upon
fine Legislature s required here for 1t seems beyond
controversy that the Federal Legislature make pro
vision to secure TO the United STATES the iul and uds
tracled attention of all accept Office under Them 10
general extent that this can De done by any
government such provisions are plainly necessary
and proper" the execution OF Federal powers ex
prcsy granted by tution necessarily
ncdent TO all Governments az such II 1t be competent
for the Legislature to Ieu'ac 5Gc matter at ALL then
tie mode aud measure of such regulation are wihm |
their exclusive discretion. II Iaey can prohlbit |
II Federal officer IRON giving One-liah oi ms lime |
TO some other public duty, they can pre-" |
hibt the least employment OF sHch soiI Il |
they can prohibit all employment tney also |
future consideration. So also they may limit such pro
hiilou the first instance permanently to one class
1t viii be denied that receives
nohey for political purposes thereby becomes lIusee
In beAaii of public purpose. II the Legislature
hp ma
Government shall not hold office on De public trustee
uudcra state. county, or town. as, suppose can
Gcilry is person association engaged in O.hcr
pnDlic business oven although voluntary, Oh Indeed
At this point in the Solicitor Gen,
erals argument Justice Fle.a remarked
uy concerned interested III trade or commerce,
aud lad forbidden It's own members 10 practice In
Continuing, solicitor General Phillips said he
ready TO admit that the Government could not do any
Congress, for example would have no right 10 say That
Federal oic holder should Only meals day
Il would however have a rigIt prOblb official of
the United states from bccOmngH -uaddn or executor
Oh trustee of any sort The questions whether
rotary OF the Treasury snail be permitted 10 own
sea YES e whether Treasury clerk SHAH trade the
funds Of officer Of the United states
doing business with bank shall be at the time au
agent OF such bang, questions for Congress 10 ahs
upon just mucn but no more tan the other qleS
ton whether officer of the United Sta;es mag
trustee holding money Tor political purposes"
AT O'clock. after speaking aOout hall an hour, the
SOhcor-General closed MS argument and the court
adjourned
Mr. Smith will reply tomorrow to the Solicitor Cen
er and IL is possible thai argument will be made in
behalf of the Government by Mr.. Everett +. Wheeler
Civi Service Reform Association
THE RETREAT OF THE JEANETTE CREW.
LIEUTENANT DANENHowER's NARRATIVE BEFORE
THE COURT OF INQUIRY CONTINUED.
WASHINGTON, Oct 24.-Lieutonant Danen-
hover resumed before the Jeanette Board Of Inquiry
his morning his narrative OF the the ice