Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1891-11-17
THE NEWTON clvlL-sEaWcg CASE.
nefendant's Demurrer OVerruled-opiu-
ion of the COurt--The Indictment
NV Telegraph TO the Dispatch.l

(By telegraph to the Dispatch.i
WASHINGTON, d. c., November l6...Ohief;;
Justice Bingham, in the Court IN tenerai
'Tarm TO-DAY announced the opinion of
the Court overriding the demurrer made to
the indictment against @. A. Newton,
president of the Old Dominion Republ-
can Club. for alleged violation OF one Oh
the sections of the civil-service law pro-
hlbitlng the solicitation of political con-
tributions in O Government ONCE.
Mr.. A. X. Browne, counsel for Newton,
gave notice of his intention to apply Tor
writ OF error from this court to the Su-
nTeme Court of the United States. The
demurrer was TO the efect-first, that the
| facts alleged in the indictment did not
constitute an offence under the law, and
| second. that il the civil-servlce act was so
| Construed as 10 make the facts charged an
| offence the act was unconstitutional.
The indictment was predicted upon the
| twelfth section of the act, when reads as
follows:
building occupied in the discharge OF ON:
cial duties by any officer or employee OF
| the United States mentioned in this act or
! any nayy-yard, fort, or arsenal, solicit IN
| any manner whatever OF receive any con-
| tributiou of money or any other thing OF
value for any political purpose whatever. y
Chief-Justice Bingham, in announcing
| the decision of the court, said that IT vas
| argued by counsel for the defendant that
! because each of the sections relating TO
| such solicitations, except the twelfth, in
yolve only the act of employees or the
| Government or Of some officer of the Gov
eminent that therefore IL was the intent
and purpose of TINS section TO only pre-
/ SCRIBE the rule of action relating 70
officers and employees mentioned IN the
other sections, and that, there
| fore. this indictment should nave
| GONE further and have alleged that the
| person so solicited was an employee OF the
| Government OF one of the officers OF the
! Government; that, in other words, it was
| not the purpose of Congress 70 prohlblt a
| citlzen from soliciting from another citi-
zen, but only to prevent any person from
soliciting any one IN those places that
might be an officer or an employee OF the
| Government; that unless TINS construc-
| tion be adopted, that in itself the section
| is unconstitutional it being sueh an
abridgement Of the right of speech and OF
| action of the citizens as to violate his con-
| stitutional rights.
! competent for the Government TO exercise
/ complete control over the places men
/ toned in sections IL and l2-any navy
/ yard, fort, OF arsenal, OF any OF the Gov
\ eminent departments.
The places mentioned are the places
where tho Government of the United
States has absolute, supreme, and exelu-
/ ave control. There are places acquired by
/ the Government Of the United States IN
pursuance of authority granted by the
| Constitution.
The Congress had a right TO prescribe
rules governing the conduct OF otncers and
/ also citizens who may be allowed 10 go IN
/ them. While in there the Government mas
I the riebt-the undOubted right-to pre-
scribe what shall be the conduct of per-
/ sons thus visiting these places, either on
I business with the Government or Tor their
/ own pleasure.
10 thus prescribe tine rule of conduct in
such places that no person should at any
time solicit any person IS within the scope
of power or authority that Congress hass
over these places and the Court cannot
sag that it Is an unreasonable exercise OF
| power.
That being so it IS not necessary to dis
cuss the constitutonality OF the law OF all.
\ IL is plainly constitutional.
! AS 70 the contention of counsel for the
| defendant that the section related only 70
/ Government officers OF employees. the
| Court held that II plainly did not relate 70
! such officers. Congress was earefpl IN the
/ other sections to specify such ofncefs /;
/ there Is no reason TO suppose that Con-
gress would not have expressed It IN TINS
/ section also If Il had intended only 10 en-
brace officers and employees.
The Court did not and that 1t was neees-
sary at all TO resort to any such con-
strained construction q the law and'
/ therefore, overrnied the demurrer.
The indictment against Newton char GOD
him with having " delivered aud caused g
| be delivered = q circular 20 person ~ tho
K bureau OF Education soliciting sach per-
son 10 Join the Old Dominion Club, pay
| dues. and make such other contribution
as they could % help along the campaign
then pending in Virginia.