Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-11-19

The law against soliciting political contribu-
tions in public buildings. as construed by the
Supreme Court of the District. means consid-
erably more than the public welfare absolutely
requires The evil to be remedied was the So
hcitation of clerks for contributions for politi-
cal purposes by such persons or in such places
or under such circumstances that the request
became demand, backed by a tacit threat OF
dismissal, and an element OF blackmail thus
entered into the transaction to make 1t criminal
Evidently there is nothing immoral or hurttul
in the mere act OF asking fellow citizen for a
political contribution, whether he be employed
by the government or not, provided the cir
cumstances of the request are such that there
is no faint of this species of blackmail about It,
II Is reasonable that the law should prohibit
any employe of the government from solicit
ing any fellow employe and should prohibit
the approach of clerk in any government
building by solicitor who. 1t might be supposed.
would not have access to the clerk, If his Err
rand were not approved by the clerks superior
officers. In short every prohibition Is reason
able which protects the clerk from official pres
sure to contribute. and which tends to kill the
notion that the public offices are held on con-
dition of paying tribute from their proceeds to
some political party. When the protection Of
these prohibitions is given the clerk may well
be left on the same footing as any other
man, not prevented from contributing If he
pleases, liable to be asked to contribute,
but able TO decline with impuuity, if he is not
disposed to comply. There are two things de-
cided by the Supreme Court which are not
absolutely necessary for the proper protection
OF the clerk. The first is that no person
whatever, including those not employed by
the government, may DO asked for pollt-
ical contribution In a public building. This
construction would prevent one private
citizen from asking another to contrib
ute SIS toward meeting the expenses Of
holding the election of District delegates to the
next national convention. if the citizens hap
peued to be a. the time in the rotunda of the
Capitol or in the corridor OF any OF the depart
ment buildings. OF course this prohibition
has nothing to do with the objects of the reform
legislation, but the government has full con-
troll over its buildings and may forbid
the public to talk about political eontribu-
tons, politics or the weather within
their walls, Just as it might exclude
from them. if it pleased, all persons wearing
red neckties. The other point decided in effect
Is the VI a NisSHA'AA w -
person within government building is a solicit
tation within the building made criminal by
law Solicitation in the Clerks own Office has
the threatening black-raaIIins character
only when the solicitor reaches him
personally, coming supposedly with the
approval and connIvance OF his
official superiors. What reaches him by mail
in his Office comes clothed with no other at
tributes than those OF the mail which Is re-
ceived by him at his residence. In both cases
the personal solicitor is the mail carrier. If
the government wished to prevent its clerks
from receiving disturbing mail while engaged
in public duties it might prohibit mail delivery
at the departments. But by this law it
proposes to punish a private citizen
for addressing to some one at public build
ing that which he might innocently send to the
latter's residence. 1t CONSTITUTES the mailing of
a letter as presence in the place to which a let
ter is sent, even in copstruing a criminal
statue, which would not ordinarily be sub
jected to any stretching If one private citi-
zen should mail a soliciting circular to another
private citizen and send il for convenience to
the House post office, be would be liable 70 in
dictment and punishment. Mailing the letter
would place him eoBstruetiyely within the
Capitol, and political contributions may not
be mentioned within its sanctifed walls.
We should be slow to imprisOn a man for mail
ing letter, the act proposed by the letter
being legal the mailing itself being uuobjec-
tionable if the number of house instead OF a
government department were written on the
envelope, the misdemeanor consisting solely in
the manner in which the letter is addressed 1t
is possible to extend the application Of a law,
until public sentiment reyOlt5 against its en-
foreement, and the practical purposes for
which it was enacted fail to be accomplished in
the general disregard of the law which
follows. TEE STAR does not need to
re-affirm its hearty support Of reform of
the civil service and of the abolition of the
spoils system in all its ramiications, including
the discriminating assessment of the government
clerks To assure the protection of the clerks
against compulsory assessments considerable
extension Of the application of the law may
well be justified. but the spokesman could wish
for nothing better than the unnecessary
stretching OF this good and effective law until
1t breaks. In its prac'icalapplication cases in
vOlying violation of tie spirit and letter Of
the statute, and such alone, should be promptly
and vigorously prosecuted and punished.