Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-11-02

It is stated that the civil service commission
has evidence which establishes conclusively IN
mistakable violations of the law concerning the
solicitation Of political contributions II this
be the case, there will happily be no occasion
or temptation to resort to the strained inter-
probation of the law which some enthusiastic
civil service reformers and the shrewd spoils-
men alike advocate. The former wish to give
the widest possible scope to a good law, the
latter wish to stretch it until it breaks.
The law wisely protects the government
clerks against the solicitation from them of
political contributions by co-employes in any
place, and by other persons in the buildings
where the Gle ks are employed. The govern
ment does not intend that compulsory tribute
shall be extorted from the clerks by a request
of money for political purposes from a supe-
rior in Office, whose suggestion is equivalent to
o demand, enforceable by removal of the dis
obedient Itdoes not intend that official duty
shall be associated with political contribu-
tions by q conversion of the departments
into the unrestricted hunting grounds Of the
campaign solicitor. 1t lays down certain
regulations concerning the conduct Of its
employees in their relation to one another, and
it restricts also the right TO enter for certain
purposes upon government real estate. But,
as the Supreme Court Of the United States has
stated, it does not make the general giving or
receiving Of political contributions illegal. And
the invitation to contribute Is also in itself an
innocent act.
The section Of the law in reference to solicit
tation of assessments by and from oficeholders
receives perhaps the most vigorous straining,
but stretching Of the section concerning solicit
tation in government buildings is also threatened
in constituting the mailing of circular, giving in
formation where contributions may be received,
to the department address of clerk ,as a solicit
tation IN the building and as a misdemeanor.
The Supreme Court, in the Curtis case, de-
Tended the section concerning solicitations
by and from officeholders against the
charge of unconstitutionality by showing
that it is merely government regulation
OF government employees. following numerous
precedents. The corresponding defence of the
section concerning outside solicitors would
consist in viewing the section being merely
a regulation of conduct in specified places
under government control Actual presence
in the specified places would seem to be es-
sential to the offense. We should be slow to
imprison a man merely for mailing letter, the
by the letter being legal, the mailing itself
being unobjectionable if the number of a house
instead OF a government department were writ
ten on the envelope, and the misdemeanor
turning upon the manner in which, through
carelessness or the necessities Of the particular
case, the letter is addressed.
Cases clearly involving violation Of the
spirit and letter of the statute should be
promptly and vigorously prosecuted and pun
ished The clerks need to be protected both
against the e1tortion of compulsory political
assessments, and against any indirect infringe
ment Of their conceded right as American citi-
xens to contribute if they please. II this
double protection continues to be extended the
spoilsmen, who wish a construction to be placed
upon the Law which will make it offensive to
the American idea of personal liberty and per-
haps cause it to be pronounced unconstitu-
tional, will be disappointed.