Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1891-11-17
COMMISSION INDICATED
In Its Endeavors to Enforce Law and
Protect Government Employees.

WARRINGTON. Nov 10 Ia the Supreme
Court of the Dis;rics of Columbia, Chief
Justice Binghsm today delivered decision
in court on demurrer Of defendant in the
case Of the United States against Charles
A Newton, charged with violating section
Of the civil service act which reads; "No
person shsil. in any room or building &C.
cupied in the discharge OF official duties by
any navy yard, fort or arsenal, solicit IN any
manner whatever. or receive any contribn-
iion Of money, or any ether thing Of value
for any political purpose whatever
THE defer dant vas Indicted by the grar
iary in April, 1890, on seven counts, all Of
the same tenor, and charge him, as presi-
den. of the Od Dominion Republican
Leagee, with sending TO various PERSONS
the following letter, dsted Sept, 27, 1889 !:
"'As q citizen of Virginis. you are, Of
course, interesie1 in the campaign now in
progress in our 3 ate, which is 20 determine
ITS future political status
THE Old Dominion League was organ
zed to assist in the election of the Repub-
can ticket and respectfully asks your co.
operation BY your becom1g & member and
making sach further conuloution to aid IN
the campaign as yeur means will permit.
Initiation fee, 81; dues, rs celts per
month. Resps fully,
"sWM BROOKS sNiTH, Secretary,
"'C. A. NEWTON, President ;"
In his demurrer The defendant maintained
that the law did not make unlawful the acfs
charged and the Law was unconstitutional
il construed to declare the acts charged
unlawful. Ia the argument Of the Counsel
it was coatended that the indictment was
fatslly defective, in that it did no. reclte
that the persons solicited were government
employees.
La delivering the unanimous opinion of
the court, the chief justice said the prohib-
lion in the section quoted was reasonable
exercise Of the undoubted authority Of
Congress to legislste in respect to to the
conduct OF persons in government build
ings, and the indictment was sufti ;ient
though il did not stste that the persons
solicited were government employees. The
section Of the act did not infringe upon the
rights and Communities OF cihz9 9ns gusrsn-
teed by the constitution, snd was not, there
fore, unconstitutional. The fact that the
other section of the act relating to
political assessments, mentioned specifically
goverJmant employees, and the section 10
question did not shoT purpose on the part
Of Congress to make solicitation from any
person, whether governmea! employee or
not, unlaSfuly, within any room or build
ing occupied ia the discharge of official
duties by any employe of the United States.
The demurrer was overruled, and the
case sent to the criminal court for trial.
The defendant through his attorney gave
notice that he would apply for writ of
r,,s of fha
civil service commission, said he thought
the feet Of the decision would be to prac-
tically stop political assessments AID leave
the government .employes free 10 contrib.
ute or not, as they zee fl This decision
is complete viudication Of the course of
the lmmission which endesvoredt to enforce
the lar aud protect the government en-
ployes ftom forced assessments.