The evening times., 1898-11-15
civil SERVICE LAW
EVADED With ease
Secure Methods of Beating the
Reform Act.
CLERKS NAY BE MULCTED
LOOphOles in the Statute Give Pro.
fecti0n TO Offenders.
LiItIe Use i'm Attempting to Prose
cute Party Agents Who De mand
Cash From OhcehoIders.

The Civil Service Commission
has received number of complaints Of
alleged violations Of that section of the
civil service act, which heretofore has
been regarded as protection of Govern
menJ employees from assessments for po-
ltical purposes.
The Civil Service Commission almost
admit that no conviction can be hoped
for under the law. unless the man who
asks for the political contribution be
Government employe or unless the po-
litical assessor invade a Government
building. fort. navy yard or send in per-
SON and solicit contributions for partisan
purposes.
Richard Oney. while Attorney Gener-
al rendered an opinion on April a. 1891
declining To- institute criminal proceed
ing~ against +. ". Rickenbaugh and 9TH
er~ for alleged violation Of section J. of
the civil service act 1t was held by the
Ci-n Service Commission that Mr.. Rick
eubaugh had solicited campaign contribu-
tions from Government employees in the
poStoffice al Toledo, Ohio. by means of
letters addressed 10 those employees in
their offices
Section u provides that no person shall
IN auy room or building occupied in the
discharge OF his official duties by any
DUltfi OF tlDhlHAF Dl ltr I lllATu .AaN's
solicit in any manner whatever any con-
lributiou of money or any other thing Of
value for any political purpose whatever.
The Civil Service Commission construed
the words solicit in any manner what
ever TO cover solicitation by mail as well
as in person and the commission main
Rains that this WAS the intent of the au-
IhurS of the law.
Mr.. Olney's opinion. in part, follows:
1T has been suggested that sending a
letter To a person addressed to him in a
room OF a public building is soliciting
In thar room or building Had Congress
intended to include this act it would, j
tniuk have particularly defined the Of
feISe ana given proper means for Its de-
lection and punishment The language
81 uses Is not apt. If that act OF sending
Il letter Was meant Persons do not So
licit by letter in a room or building; other
uffenSeS commit bed by means OF letters
sent are always treated by the law as
committed when the sending or deposit
Ing is zone, but here without the recep-
ti0u Of the letter certainly there would
have been no occurrence in the room or
building and the miscarriage of the letter
would relieve the sender of all guilt Yet
Congress must have felt that money could
be solicited and received by mail and that
the general object in view was not wholly
ACCOMPLISHED 80 long as the mail service
could be thus used. This seems TO me 10
be one of those instances where the per
sunal liberty of the citizen and the
luyiolabihty OF his private letters have
2een deemed of higher Importance than
.he complete success Of an enactment.
Mr. Rickenbaush who is 4 lawyer
seems TO have discovered a loophole
ahich exists in the law. 10 call attention
10 which by abortive prosecution, would
s-em TO be proceeding Of very doubtful
wisdom"
During the last campaign the loophole
of which Mr. Olney referred, was erIarg-
Ell 50 as 10 expose Government employ
- Still more 10 the Tire of partisan as
SCISSORS. Letters asking for political con-
-ributiors may be- addressed to Govern
meut employees at their lodgings without
question The Civil Service Commission
enters no objection II this. The commits
Fi"Ders maintain that il is a crime TO send
requests for contributions for political
purposes through the mail. addressed to
Government employees at their places Of
employment bur hold that il is no crime
To send the same request through the
mails. provided such request be addressed
to the clerk at his residence. This con-
Etruction makes il a crime 10 do on one
Square Of the city what it would be no
Prime TO do On another