Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-11-10
POLITICAL ASSESSMENTS.
The Case of C. A. Newton Up Before the
Court in General Term.
MR.. A. X. BROWNE ARaUEsTN BEHALF or TIE Ac-
oUsED AND CLAIMS THAT THE INDICTMENT Is
DEFEcrIvE-DIsrRIcr ATTORNEY COLE REPLIES
ONLY ONE COMMISSIONER PREsENr.

| DkfECrIvE-DIsrRicr ATTORNEY COLE REPLIES
ONLY ONE COMMISSIONER PREsESr.
This afternoon the case Of C. A. Newton.
president of the Old Dominion Republican
Club, indicted on charge of violating the civil
service law by soliciting contributions
for political purposes in government
| department., came before the Court in
General Term on demurrer. Chief Justice
Bingham and Justices James and Cox heard
the case. There were but few persons present
besides Mr.. A. K Browne, who represented
Mr. Newton, and the District attorney.
Although the civil service rooms are in the
same building none of the officials dropped
| into the court room to hear the argument ex-
| cept Commissioner Lyman and MIR. Doyle, the
| secretary.
| GROUND OF THE INDICTMENT.
Mr.. Newton was not an Office holder and his
alleged misdemcanor consisted in sending cir
culars or letters to persons in a government
Office soliciting contributions. The in
dlctment was brought under section
| twelve of the civil service act. which
declares that no person shall in any
room or building occupied in the discharge Of
| othclal duties by any officer of employe of the
United States mentioned in this act OF in any
navy yard, fort or arsenal, solicit in any man
ner whatever or receive any contribution OF
money or any other thing of value for any
political purpose whatever"
Mr. A. X. Browne, representing Mr.. Newton,
| demurred 10 the indictment, holding that the
/ facts set out in the indictment did not con-
stitute a misdemeanor under the indictment
and that if the law was so construed as to make
these facts constitute a misdemeanor the law
was unconstitutional, it abridged personal
| freedom.
| MR.. A. K. BROWNIES ARGUMENT.
Mr. Browne in opening his argument today
| directed attention to the fact that the eleventh
tsection of the law imposed restrictions upon
special and limited class Of persons over whom
| the United States has peculiar and pre-eminent
jurisdiction, VIZ Senators, Representatives,
delegates. officers, clerks and employees of
the United States These people were
| forbidden to solicit contributions for
political purposes from any officer or employe
| OF the United States at any time or in any
place. BY this section a limit was set as TO the
persons upon whom the law should operate,
bat there was no limit to the places Sec
| ton IL embraced in its scope all citizens and
persons within the boundaries of the United
States. but limited the place.
Ii was evident that the offense condemned by
| this section II could not be committed outside
States
Mr.. Browne insisted that the sole purpose Of
congress was to protect officers and employees
Oh ne United states against extortion and
4
| cautiously when 1t came TO deal with the liber-
| ties OF those who were not government en-
ployes 1t was not made unlawful for a
| mere citizen TO solicit any other mere citizen
| when and where 'e pleased. Ii was not made
unlawful fcr mere citizen to solicit an Office
| holder at his home or on the street The mere
citizen was simply forbidden to enter the room
| in which an offceholder might be occupied in
the discharge of his official duties.
| A POINT AGAINST THE INDICTMENT
point was made that the indictment con-
tanned no allegation that Margaret Brigley,
| who. it was claimed had been solicited to con-
tribute. was an employe Of the United States
and no allegation that she was engaged in the
discharge OF her official duties in the building
in which II was alleged that the defendant
solicited her; both of those allegations. he
| Claimed, were necessary to make a good in
dictment under the twelfth section Of the civil
service law. The defects were fatal
The indictment must be abandoned unless
| the government was prepared to maintain that
| Congress intended by the twelfth section of the
civil service law TO make it unlawful for one
mere citizen, net an Office holder to solicit
contributions for political purposes of any
| other mere citizen, not an Office holder whom
he might chance to meet in some public room
or building. navy yard, fort or arsenal" Such
| construction. he held, would make it uncon-
stitutional and void.
The right of the people to peaceabiy assem-
1
might be necessary. proper and lawful to bring
the assemblage together and promote its OBJ
jects.
Congress might perhaps, regulate the con-
Duct of ITS employees within the public build
ings, but il had no powe- to abridge the liber-
ties Of citizens outside nor of citizens. not Of
fice holders, who might happen to be inside.
suppose, said Mr.. Browne. that Mr.. George
William Curtis. president of the National Civil
Service League, should visit Washington and
| Hal Mt fha pasf
personal respects TO Mr.. wananaker. Sup
pose also tina: MIR. Curtis should accidentally
| hnd there Messrs. Roosevelt and Thompson Of
the civil service commission, not occupied in the
discharge OF official duties. but simply paving
personal respects and having a social and con-
vivial time. Suppose that Mr.. Curtis. who was
| not an office holder. should say to Roosevelt
| and Thompson. who were Office holders: Gem
tlemen, l wish You to contribute some
money to help out my league" He
| would violate no law But if after
Roosevelt and Thompson had responded, Mr..
Curtis should thonghtlessly address Mr. Wana-
| maker on the same lines, l can imagine that
Roosevelt and Thompson would quickly say:
stop Curtis; don't solicit Wanamaker in this
| building, where he is occupied in the discharge
of official duties; wait untl you get him out on
| the sidewalk
DISTRICT ATTORNEY COLES REPLY.
District Attorney Cole replied to Mr.. Browne
The district attorneys brief submitted that
each one of the counts in the Indictment
contained facts, properly pleaded, showing the
doing by the defendant of the acts
prohibited by the twelfth section. The district
attorney maintained that the decision of the
Supreme Court in the case of Gen. NJ. n. Cur
tbs sustained the constitutionality of the act
SIN 1885, said the district attorney, James
c. Hinckley filed petition in the circuit court
| of the United States for the southern district
of New York against the then civil service CON-