Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-11-16
THE POLITICAL ASSESSMENT CASE.
The Court In General Term Overrules the
DemuIrer Filed by Newton's Counsel

Demurrer Filed by Newton's Counsel
Chief Justice Bingham, in the Court in Cen
eral Term, today announced the opinion of the
court Overriding the demurrer made to the
indictment against c. A Newton, president OF
the Old Dominion Republican Club. for alleged
violation of one of the sections of the civil
service law prohibiting the solicitation Of po-
litical contributions in government Office.
Mr.. A. h. Browne, counsel for Newton, gave
notice of his intention to apply for writ of
error from this court to the Supreme Court of
tine United States. The demurrer was to the
effect first, that the facts alleged in the indict
men. did not constitute an offense under the
law. and second that if the civil service act was
construed as to make the facts charged an
offense the act was unconstitutional
The Indictment was predicated upon the
twelfth section of the act, which reads as fol-
lows:
THAT no person shall, in any room or build
ing occupied in the discharge of official duties
by any officer or employee 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 purpose
whatever.
Chief Justice Bingham, in announcing the
decision os the court, said that it WAS argued by
counsel for the defendant that because each Of
the sections relating to such solicitations. eA-
cept the twelfth, involve only the act of en-
p!oyes of tho government or of some officer o.
The government, that. therefore, IL was the IN
tent and purpose of this section to only pre-
scribe tbs rule of action relating to officers
and employees mentioned in the other sections,
and that therefore, this indictment should
nave gone further and have alleged that tbs
person SO solicited was an employe OF the
government or one of tho officers OF the gov
ernment; that, in other words it was not the
purpose of Congress to prohibit citi-
zen from soliciting from another citizen,
but only TO prevent any person from soliciting
any one in those places that might be an officer
or an eInploye of the government; that unless
this construction be adopted, that In itself the
section is unconstitutional, it being such an
abridgment of the right of speech and OF
action of the citizen to violate his con-
stitutiopal rights.
The court Was of the opinion that it is COM
petent for the government to exercise complete
control over the places mentioned In sections
IL and 12-any navy yard. fort or arsenal or
any of the government: departments.
The places mentioned are the places where
the government Of the United States has abso-
lutte, supreme and exclusive control. There
are places acquired by tho government oil the
United States in pursuance OF authority granted
by the Constitution.
The Congress has right to prescribe rules
governing the conduct of officers and also citi-
ZtIl= VINO may De RLOWeu 10 80 III tutHu WINE
in there the government has the right the
undoubted right, to prescribe what shall be
the conduct of persons thus visiting these
places. either on business with the government
or for their own pleasure.
To thus prescribe the rule Of conduct in such
places that no person should at any time solicit
any person Is within the scope OF power or au-
thority that Congress has over these places and
the court cannot say that it is an unreasonable
exercise of power.
That being so it is not necessary to discuss
the constitut;onality OF the law at all. 1t is
plainly constitutional.
AS 10 the contention of the counsel for the
defendant that the section related only to gov
officers or employees, the court held
that it plainly did not relate to such officers.
Congress was careful in the other sections to
specIfy such officers; there is no reason to sup
pose that Congress would not have expressed it
In this section also if il had intended only to
embrace officers and employees.
The court did not lind that it was necessary
at all to resort to any such constrained con-
struction OF the law. and therefore overruled
the demurrer.
The Indictment against Newton charged him
with having delivered and caused to be de-
liycred' a circular TO person in the bureau OF
education soliciting such person to join the
Old Dominion Club, pay dues and make such
other contribution as they could to help along
the campaign then pending in Virginia.