The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1891-11-17
MAY NOT BE SOLICITED TO POOL IN
At Least, Not in Rooms Where
Uncle Sam Does Business.
Columbia Supreme Court UphoIds
the Civil Service Act.
other Washington News-The Lot
terry Law Receiving Attention.

WASHINGTON, November 16.-In the
Supreme Court for the District of Colum-
bia, Chief Justice Bingham today deliver
ed the decision of the court on the demur-
rer of the defendant in the case of the
United States against Charles A. Newton,
charged with violating the section of the
Civil Service Act which reads:
No persons shall. in any room or building oe-
cupied In the discharge of his official duties by
any officer or empl0ye of the United States
mentioned in this act or in any navy yard, fort
or arsenal, solicit in any manner whatever or
receive any contribution of money or any other
thing of value for any political purposes what
ever.
The defendant was indicted by the
grand jury in April. $780, on seven counts,
all of the same tenor. They charge him,
as president of the Old Dominion Republl-
can League, with sending to various per
sons the following letter dated Sept. 81,
1889.
AS citizen Of Virginia, you are, OF course.
interested IN the campaign now In prOgi ess in
our state, which is to determine its future DoIi-
tical status. The Old Dominion League, org an
lied 10 assist 10 the election of the Republican
ticket, respectfully asks your cooperation by
your becoming member and making such
further contribution to aid in the campaign as
your means will permit. The Initiation fee is
81; dues, 20 cents per month.
Respectfully.
WILLIAM BROOKS SMITH, Secretary.
.. A. NEWTON, Pre- sident.
In his demurrer the defendant main
tained that the Law did not make unlawful
the acts charged and that the law was un-
constitutional If construed to declare the
acts charged unlawful, In the argument
of counsel 1t was contended that the indict-
ment was fatally defective in that it did
MOI reclte that the persons solicited were
government employees.
In delivering the unanimous opinion of
the court. the Chief Justice said that the
prohibition in the section quoted was a
reasonable exercise of the undoubted au-
thority or Congress to legislate in respect
to the conduct of persons in government
buildings. The indictment was sufficient
although 1t did not state that the persons
solicited were government employees. The
section of the act did not infringe upon
the rights and immunities of citizens
guaranteed by the constitution and was
not. therefore, unconstitutional. The fact
that other sections of the act relating to
political assessments mentioned specifcal
ly government employees and the section in
question did not, showed the purpose ON
the part of Congress to make the solicita-
tlon from any person, whether a govern
ment employe or not, unlawful within any
room or building occupied in the discharge
OF official duties by any employe of the
United States. The demurrer was over
ruled and the case sent to the criminal
court for trial.
The defendant, through his attorney,
gave notice that he would apply for writ
of error. Commissioner Thompson of the
Civil Service Commission, said he thought
the effect of the decision would be to prae-
tically stop political assessments and
leave the government employees free to con-
tribute or not as they see fit. This decision
is complete vindication of the course of
the commission which endevored to enfor ce
the law and protect government employees
from forced assessments.