National Republican. (Washington City (D.C.)) 1872-1888, 1884-09-04
CURTIS AND THE CLERKS.


Himself Liable by ltl
WASHINGTON, d. c., Sept. ., 1SSi-uoN.
| GEoRuE WILLIAM CURTIS, President Civil Scr.
| vice Reform Association, No. Pine street
! New Nurk-Sir! have received your circular
| Of August o. 1881, directed to "olicc.holdcrs,"
! In which / am informed, with others occupy
| ing similar positions that / am liable Ms an
! OnicChodcr to prosecution and punishment
under section 10, of the act entitled "An Act
| to Regulate and Improve the Civil Service Of
| the United States" IN case I shall sec III to
contribute any money to the national republi.
cHn committee for the present political cam
| palgn.
| shall submit to the public before l get
through with you that / have bettcr case
against YOU under the law, for sending mo
| this threatening letter. than you could pos.
sibly have against me for violation Of the
civil service law This is certainly an extra.
| ordinary document to cmanatc from you, the
chief of rcfOrmera and first Rnonted In tho
church Of political sanotification. In the first
place ii is personal insult, for if the law wcro
what you have been advised II is, your circular
must have been dictated under the belief that
| / was either too ignorant to know tho law or
too depravCd to obey II. In the ncxt place, 1t
! displays disposition 10 bulldo2o and intimi-
date me In the exercise Of my freedom of
choice with an ciltOntury and audacity that
have never seen equaled. place your letter
side by side with that of the republican com
mit,cc that the public may see the dilcrenco
lit ever had been the practice for govern.
! mcut officers to extOrt political assessments
from their subnrdinates for purity purposes,
under threat of dismissal (Which | have never
| seen exercised by republican officials in my
| experience of twenty years in the seTvicej,
| there was Ht least something manly and bold
tNaN..
compliance with your wishes by threat of
criminal prosecution can only be character
| lied rs cowardly and contemplate.
! Your noble allies ut the south In the work of
reform" the nighthnwks Of crime who are
| now engaged In inNmidatlng republican voters
by the usual method Of bull.whip and shot.
gun, have long since dropped their masks aud
go about their work openly and bOasiingly.
! With the same purpose but less courage you
sneak to your dirty work as one Of their north.
ern tools, under tho very thin masquerade OF
service reform. Bah "rel this to the ma.
! riuCs ~
The law canno, bear the construction you
have given It. Your legal adviser may be
good relorncr. but In his devotion TO the cause
! Ot "Cleveland and REFORM" which doubtless
Is as dear 10 his heart rs IL Is to yours, he dis.
| plays II zeal not according to knowledge The
law j. evidently not his forte, any more than
I politics seems to he yours
You refer to section H. Of the civil service net
! for the violation Of which viii be liable to
| punishment Now, this section does not
/ create any otlcnsc ut all II simply provides
/ the penalty for violating the provisions OF the
! luuf preceding sections Of the act. These sec
! lions are us follows
"sEC. IT, That no senator, or representative,
! or territorial delegate OF the congress, or SEN
/ a'Or representative or delegate elect, or any
| officer, or employee OF cithcr OF said houses, and
no executive, judicial, military or naval
| officer Of the United States, and no clerk or
/ cmployc of any department branch or bureau
! of the executive, judicial, military or naval
service of the United States, shall directly or
! indirectly. solicit or receive, or be In any
manner concerned in soliciting or receiving
| any assessment, subscription or contribution
for any political purpose whatever from any
lClerk, officer or cinplOyc oi The United states,
| orHny department. branch or bureau thereof, or
from any person receiving any salary or com
| punsatlOn from moneys derived from the
treasury of the United States.
"SEC. H. That no person shall In any room or
building occupied In the discharge of official
| duties by auy officer or cmplOyc of the United
states mentioned in this act, or in any navy
yard, fort or arsenal, solicit in any manner
whatever or receive amy contribution OF
| money or amy other thing of value for any
political purpose whatever.
| "SEC. ~. No officer or cmpOyc of the United
| States discharge or promote or degrade, or In
any manner change the official rank or com
| ppnSatiOn of any other OnlCer or employe, or
promise or threaten so TO do, for giving or
Withholding or neglccting, to make any con
| tributlOn of money or other valuable thing
| for any political purpose.
"SEt. II. That no officer clerk, or other per.
| son In the service of the tuitcd States shall
| directly or indirectly, give or hand over to any
other ollioor, clerk, or person in the service of
the United, or TO any senator or member of the
house of representatives, or territorial dele
gate, any money or other valuable thing on
account Of, or 10 be applied TO, the promotion
Of any political object whatever"
| II Is IL rule of construction of statutes, fa-
miiar TO all lawyers that to get at the intent
ofthG lawninkor we must take into considcra'
tion the evil TO be rcmedied. What was the
evil for which the people sought remedy2
II vas four fold. Political parties e were re.
of the public good; in turn the heads of bu-
rcauS, members, Of congress- and senators, as
instruments of party, were charged with max
ing fOrrible assessments upon their subordl-
mates; the tenure OF office was supposed to
depend on those who dispensed patronage not
on the merit or efficiency of the oiilce-holder
or cmploye; and last, but not least these
forced assessments in the rooms occupied by
employees were believed TO interfere with Il
proper discharge of official duty. These evils
were notably eNempliled by the history OF the
democratiG party, but always discouraged by
the republican party by whose votes mainly
the civil service law was passed. They were
completely Illustrated under Mr. Hendricks
when he MAS chief of II bureau IN the interior
fthe assessments in his bureau and made
his subordinates and clerks come down hand
somcly
There is no evidence that he has ever
u
Will vote for him on the ticket with Cleveland.
Now, the evil to be prohibited was never the
fact that government clerks or Office holders of
any kind contributed money for poll tical pur-
poses IL was the manner in which IL was
done that constituted the evil. In fact 1t would
be clearly unconstitutional for congress to UNI
dertake to say that no goverhment!otiic
shall contribute mOrcy or work many manner
lie pleases within the law for the success of his
party for the simple reason that he does not
cease 10 be II citizen with all the rights of n
citizen simply because he chooses to enter the
public service
can say as you said at the Chicago conven.
tion: 81 entered the public service Il free man,
and, by the grace OF God, will go out a free
man"
you should undertake to prosecute me
under the Clvll service law for contributing
money to the national republican committee
or to the congressional executive cummitte IN
| this city, you would cut about us ridiculous a
figure In the courts as you do In politics.
iOu certainly ought u know that the com
mttec In New York does not conta in single
senator, member of congress, or any person in
the service of the United States, and If yon
have not taken the pains TO inform yourself OF
this laCt IL shows II Carelessncss and indiifer'
cnce to the truth Characteristic only of men
who have sinister motive. But II there
were, that fact alone, as you state 1t in yotI
circular, would not render II government
official liable, who sent his money to some
other individual on the committee not OBJ
noSiOus tothe civil service law, In the absence
of any proof thntthe payment TO the chairman
or secretary Of the committee was intended at
an indirect payment TO such senator or other
prohibited person, for IL Is an old rule that
, criminal statutes must be strictly construed.
Let rs apply the law TO the facts. Whether
solicited or not, suppose send my money tC
this secretary or chairman of the national
committee In New York. or TO the secretary o
the committee In Washington, or to any chair
man Ora state committee, none of whom Is q
senator or member OF congress, or person IN
tho service Of the United States, whore do you
} find this act prohibited.
Not in the eleventh section, for would moi
he found soliciting or receiving money; not III
. the fourteenth section, because | would not bI
, handing over money 10 any Of the persons
, mentioned in that section. And these are the
, only sections that could possibly apply to my
| | ara ~ nj ln nrnh fnH mar