The evening world., 1894-05-13
OLNEY TWISTS THE LAW.
Remarkable Opinion Of the United
States Attorney General on
Civil Service.
TELLS HOW TO DODGE A STATUTE.
1t Is No Crime to Solicit Government Em-
pioyees by Letter for Money for CAM
pnign Purposes If You Know How.

WASHINGTON May l2.-Attorncy-
General Olney has rendered remarkable
opinion In the case OF a prosecution at
tempted to be brought by the Civil-Ser-
vice Commission FOR violation of section
IL of the Civil-Servicc law, relating to po-
litical assessments, the force of Mr.. OIL
ncy's view being to nullify absolutely the
provision forbidding the solicitation Of
political assessments from office holders
The section of the law referred to reads
as follows:
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. solicit In any manner
whatever or receive any contribution OF
money or other thing OF value for any
political purpose whatever"
Under this statute the Civil-Servlce
Commission called to the attention OF
Attorney General Olney case OF polit-
ical assessment alleged to have occurred
In the Post-Olfice at Toledo o. The per-
sons implicated were Messrs Ricken-
baugh and Rike the latter an employee
of the Post-Ofiice. The solicitation was
the Post-Ofiice in the Post Office, some
OF these letters containing "A request out
right for per cent. of the salaries of the
employees. and the others merely re-
questing them to call at Mr.. Ricken-
baughs Office (where they were asked
for money!. the letters being written on
the paper OF the local Republican cam
paign committee. with the usual head
lines. lists OF officers, &c.
The PoBt-Office Is OF course "a room
or building occupied In the discharge of
official duties by officers of the United
States and the commission had held
that the words solicit in any manner
whatever" included soliciting by letter
as well as soliciting In person. Most
soliciting for political purposes Is done
by letter. and the bulk Of the CAGES re-
ported by the Commission to the De-
partment OF Justice during the Presi-
Dental campaign OF 1892 were for such
solicitations.
The Attorney-General, IN letter
dated April 4. 1894. takes the ground
that solicitation by letter Is not solicit
tation within the meaning OF the law,
and gives his views as follows:
1.-The United States Attorney for
Northern Ohio has ascertained that
litical purpose In the Post-Ofice
was solicited In that building. Money
was solicited by letter addressed to per
sons who were in that building
1t has been suggested that sending a let
ter to person addressed to one Of these
nf shaf h,ttl IL LAT
ing In that room or building. Had Con-
gress intended to include this act 1,
would. l think. have particularly de
for It's detection and punishment.
But not only is the language
not apt to express the supposed purpose:
gestion that the sending of letter to
any person who happened to be in the
building or room, or to have his mail
addressed TO It was intended to be in
as fully as the Commission or ! can,
that money could be solicited and re-
ceived by mail. and that the general OBJ
plished so long as the mail service could
be thus used This seems to be one OF
those instances where the personal lib
erty OF the citizen and the inviolabllity
OF his private letters have been deemed
of higher Importance than the complete
success OF an enactment.' MIR.
Rickenbaugh, who is a lawyer. seems
exists in the law"
The members OF the Civil Service
Commission naturally are greatly
chagrined at the failure OF the prose-
cutions and the friends OF civil service
are much disappointed at learning that
they have nothing to hope for from
Attorney-General Olney.
In the Issue OF Good Government the
civil service reform organ, the following
comment on the Attorney Generals
opinion will appear:
This may be good law. but II is very
poor logic. Such conclusion is open
to rdicule when tested by hypothesis
which will readily suggest themselves
A campaign collector. let us say, wish
ing to assess a post-office clerk, writes
him "A letter inviting a voluntary con-
trlbution, and takes IT to the post
office in person.
He finds the clerks at the stamp
window. an opening twelve by eighteen
inches in size. Below the stamp window
is a mailing slit six inches long by one
inch wide. Now, according to Mr.
Olney's Interpretation of the statute
II the collector hands his letter directly
to the clerk he breaks the law: but IL
he only mails II he does not In other
words, II he puts his letter through the
big hole he is liable TO fine OF S. 900
and three years Imprisonment, whereas
II he puts IL through the little hole he
goes scot free The rare dignity OF
such construction OF n Federal statute
must commend itself to every connois-
seur OF Curlos"