The Panola weekly star. (Sardis, Miss.) 1882-18??, 1882-12-30

NFtfHH ~ I'VE tHNeH Nfaffa HHrfAtNs
tesfl " ~ tsas W y ~ tsflls fhs
tas usfiffsa - hs fsnstilalfasal ssa
Nhi n nshsas tssFas Dsaitd f,ts.
ssHiina apihisa ~ lWssiss nFsHisyi
wtsHtsmss. liss stnlsef a.
deeliIaH wsi fadfFad hy lha Hursams
Vulia N me rHllfa states to-day IN ~ r,allie
~ Hssl ai'neHi eaae ~ NeWt u Martin nftls.
heIsm heft w petition ~ wfil ~ hsbsas
tnipha tuflis ihe rrliunef, An emplafa a
ihu n''sd States sAa lnt tiei W to tlfuult
'1'ifi fuf tho southern inaffiot N sew feft
eHH esinVleiefi under The sislh seellaH N Toe
ne' ~ August "a isa pnihililtna sineefs ~
siHlilnyt' n tn lalied slaaa noi appointed
Ny thr President with ihr adslea ana odnaeas
~ the senate ffufa requesting, sltina w. sf
fttei'lnH fum anf ether afiesf NJ empi6te ~
The untofnmoni an munef ~ leafunt, ~
tshaf thug ~ Vhfth ~ political purposes
upsn ha eon,letlsssAe eas senleneezl H. ray .
hne and sland c,minstci Until payment wa
made tndef this sentence b. was taken lhlp
the custody nf the MarshAi and IN hls aptaie,.
iion writ was lasutd ~ ohs " ths 1ustieas
cf this cunr In variation, fetufnahle betu NJ
ihr present term, tn Inquire nlo tho validity
of his detention
The important question presented on tie
win 80 i-'usd is whether The M nnaer witch
the conviction was had ls constitutional.
The oplnlen ~ tho caur wits fead
by ChiofJustlro Waite. n holds the
act IL not une 10 pfohlht all con.
tihutlona Of money or property ny De.
Alsnatcd orhuora and employees ~ the United
states for political purposes Nrtbcr doos II
prohlhlt them altogether fn1m receiving ~
HfNl
posoa u slmply fafbida their receiving frtp
or giving 10 ouch other. iicyoni this no re-
stfotlons arr PLACED on any ~ their political
privileges Tho evident purpose NJ Congress
IN all this elisa ~ enactmcnta hua been 10 rrp
mote efficiency and integrity IN tn discharge
VI uiiieIal duties and 10 maintain proper die
clpline In the public service Clearly such pilI>
pose Il Within tho Just scope " tho legislative
power. ani II IL not oasy 10 toa Why the aot
now unler consideration does not como fairly
within the Legitimate means ~ such end
Managers NJ political campslgns net IN Tho
employ ~ the In ted ftntca nrc i,ist as fres
now TO cal on those IN Office for money to ha
used for political purposoi a. ever they wcro,
and those In office nan contribute NJ Literally
as they plensc, provided their payments arc
not made To any OF the prohibited officers or
employees
fceiinR ~ Independence under law ron
ducos to faithful public service, aud nothing
tends more % take away ihis feeling than
drcnd of dismissal II contributions from
th0so IN public employment may bu solicited
by oihnrs in offclal authority, II 10 easy 10 500
that what beTins ps y request may eusi "a 4 do
mand, and thai failure 10 meet such demand
maf bo troatei by those having THO power
" removal rs q breach Of some supposed
duty growing out ~ tho political relations of
parties Contributions secured under s,rh
circumstances will quito ~ llkcly bs made 20
avid consequences Of personal displcasurs
Of superior ~ to promote the political views
~ q eontribntbr-to hvuid discharge from
serflee more than 10 erorcisc poiiticm privI.
leTra The law oontnmpatcu 20 resirlctiors
upon other giving orrcrcivina excerpt 40 far
~ u may 10 nsccFary % pruicct In soma do
rres those 10 the public seryico against ez-
nctlons through fear u personal loss.
" there w'4o no other reasons for lcgisia-
tlon ofthis character than such as relate 10
The protection OF thoso IN tho public service
aRalnsi unjust eraotions its cah.tituiIonaliy
would In our opiuien be cleared. hut there
are others " ON minis equally good. n
persons In tho public employ mar bs salisA
.. W ..s.s Ia anthDva.y a. ---s-ss..,v IRON
their personal 'incoms to tho esprnscs 81 po-
litloai cimpuSns, and . refusal may Load 10
putting good men out Of ofHcc, liberal par
monis may be male tho ground for keeping
poor ones IN. M, toc, " part n tho conIeb-
saiion receivcd for public services must bs
contributed for politioL purposes, u I, easy
10 sec that an Increase NJ compensation may
be rwIulred torrovido the means 30 mahe con.
l.l1. a.. A.
mnnt Itself may b. made ~ furnish Indirect
" tho moncy 10 dcfray tho erp insss of keep
inR the political fary IN power that happcus
tp have for tho time being ooairol of ihs pub
iie patronage. ~.
Political parties must always necessarily eI-
ist unicr republican form of government.
and when public employment depends 10 any
Considerable cStent on party success tho~- In
Once viii naturally b. dedrous OF keeping The
party 10 rhIah they belong In po~er. Tho
statute w aro now considering does nos Inter.
fore with thia The apparent end of Congress
viii he snopmpiishei n n prevents iho.e IN
power frun requiring help for such purposes
NJ condition to continued employment. In
our opinion tho statute under which the psti.
toner was convicted II constitutional. ,rbe
other objections hrycd 10 the detention casuA
be- considered In this form of proceedlpr our
inquiries IN this ciass ~ case< are limited %
such obIsesions - rulafs 90 The aathprify u
the Circuit Court 70 render judgment by vtidh
the prisoner Il he'd. We have % fsnerul
power 10 review judgments of inferior eouris
Of the United ntates IN criminal es.e~ by ths
use u tho vfit " hab as corpus or othcswisa
Our Jurisdiction IL limited 10 the single q,,es-
tion of the power Of tho cousf b commit the
prisoner for IN. act VI which ha has bcen con
viefsd. We think commitment in this case
vas slArfIL and The pc'itiousr is consequently
remah'ie'i TO tho custody u the MsShal Tor
the Southern District Of Nev York.
Justice bradley rrsd dissenting op nion, IN
which be- took ths ground that Congress had
m constitutional power 10 enscts Law fori,is.
ding m empioyo Of tho Government to as>oui-
sis himself with others for Tho promotion NJ
the political opinions which he entertained, or
10 make such disposition Of bis prfvsfs means
% be should think NJ Justice Bradlsy sad
be- did MT approve of enforced poilticsl -
sessments. but he thought Congress IN e1ses.
Ing tho present irw 10 prevent such sssrssr
menf- had dsnrised iha Individual eifizsu of
Que of hts insficBshle rfsht-. sna IN % doing
hsd ov~sisppcd The limits ef ifs eonssisaeosp
al authority.