Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-10-30


which was not opened until after its de-
livery at London, there was no publication
at Leicester. But it was held by three of the
four Judges that the delivery at the post
office in Leicester of a sealed letter in
c osing a libel intended to be published in
London, and which afterward was pub
Hshed there, constituted a publication of
the libel in Leicester as well, and that the
defendant might be indicted for it in either
place Abbott, c. j., in his opinion, p. 10,
says:
To write and publish libel is a mis-
demeanor compounded of distinct parts
each of which parts (for I am speaking of
q published lbeD, being an act done In
prosecution of one and the same criminal
intention, is a misdemeanor. And where
miSdemeanor consists of such distinct PARTS
| say without doubt or hesitation that the
whole may be tried in that county wherein
any part can be proved to have been done
Conspiracy to Defraud.
A conspiracy in one place to obtain
money from the government by false
vouchers is indictab!e in another where the
vouchers are delivered; and a delivery by
transmission in a letter through the post
is within the rule. Rex VS.. Busac, 1 East
IGD.
In state VS.. Lichllter CMo. Sup. CT. 1850
$ S. w. Rep. TO it appeared at the trial
for obtaining goods under false pretcnses
that the letter containing the false state
ments was written and mailed in Jasper
county to firm in st. Louis, which,
lying upon the statements delivered the
goods in St. Louis to a railroad consigned
to defendant 1t was held that the crime
was committed in st. Louis
All these cases agree in pron0unCing the
onenSe committed in the place where it
takes effect, and if we attempt to explain
the reason of the law we must do it Oh
the ground Of agency.
From these considerations the conc1u-
sion appears to be una VoGah!e that the
and sending tlrDupn nil pl
States mails of a letter addressed to an Off
Ger or employe of the government at his
office, asking for a contribution of money
for any political purpose, constitutes so
Notation of money for that purpose; and
that, since such solicitation has its fun
effect only upon the delivery Of such let
ter to the addressee, which delivery oc-
ours within government building it is
an act of soliciting done in government
building, and hence comes within the mean
ing of the express terms of the statute.
Mischief to BE Remedied.
II. Is such solicitation by letter within
the mischief intended to be remedied by
the statute?
The general purposes of the act are set
forth specifically in the second section,
which makes it the duty of the commits
siOncrS to aid the President, as he may
request, in preparing suitable rules for
carrying this act into effect which said
rules shall, among other things, provide
and declare as follows:
Fifth. That no person in the public
service is for that reason under any OBJ
legation to contribute TO any political fnnd
or render any political service. ana thai
he Will not be removed or otherwise pre-
JUDGED for refusing to do So
one declared purpose therefore, of the.
act is to prevent government officers and
employees from being required 10 contribute
as such for political DIIr7o=es and i'm aid
of This purpose their fellow officers or en-,
p,oves are forbidden TO solicit or receive
contributions from them under any cir
cu1nstances whatever, evidently for me
reason that in such cases they might he i'm,
re He'd to contribute aga INST tk4ir6rilI froru
anprehension that their refusal TO do so
might be. reported and get them INTO ron.
bic with their sI,npriorG
THAT one Of the chjcf evils sought 70 he
rc,7ledied nv tho hill va RI I~v[ire IF
roiitiraI a.Sosc,1e,Ite, NO., ,,.,,,e -, -
rrn9nart eror1o1, Inv, or, mn. r,.,,i,ts,,a,.
is easily seen from the dob9res mon thi;
49, e ~ 90. '''' N'- '@'''''7 "P'i' 'i'-'
par "i me act
Intention of Congress.
although penal statutes should be con-
st,;ted s+rilt1,, vet ,la ,,,,,7,,, t,,,,,,,c, =
- "
20 ihdne the Intention OF the Ie&lSlaiufe
govern as far As that intent is not incon-
sistont with the language of the statute
Il : Y T.acber taf : G rpS-s.3t,
The intention of Congress- as cxrress,1
in the twelfth section Of tha civil service
act. was to protect fedora! employees in the
discharge OF tn II official duties from pa
80 " ,it,rt ny any one. 600.
official and ,rasi-of4iriai solicit,finn Of
clerks for poliiica! purposes. official when
officers Us" their stations TO intimidate
800 ii''-'..' 4I"9i,ohl. NHch "u-Alu r
Li'aHt u o. te"GIaI p,i"illSs LOT purposes
r.l!!2l d 'Eil.S ooli 70 1h@ ebltlehcS ana ILL.,
tiiilie o. 'ie ser Fltt.
roI'Sl 1:7' tiSu' III lhe interest," % ol7-
cipiiie, can resuiite me S'c'S OF It's o''lGeiS
|llu thpioy yes. II can regulate tHeh' III
men "oFh, anu IL can also 1eciaFe VIZ"
St+dil no. ne zone 70 lhth' or defalilded OF
49, 49,, "l'.'t thT9 ote 50 engaged. f"u nay
H2iclI II yen please. bC} You may nor make
use ci me place "heFe they are enSaG I'll III
JltF o'FlC!a nul'ss. fon may not Use tfese
SGFf7uhGiAGS 10 maze lnDiltd threats 10
h'a-t lHt m lie uhGcrtala OF their tenure
ana u'ieiittc WIN tile discipline
W men congress dSeo snCn hr"ad *:td
Spec'lc language II aimed Undoubtedly 10
accomplish what II expressed, that X, the
pr Nenupn o. S3hcltati@h IN my manner
Whatever - would nave been mos uii-
usual ]! congress hld NhdeftaKen 70
specify III the statue the mail, or should
refer specially to letters or different forms
Il soliciting: the generality Of the language
acluahy useA 1hclnaeS all, and specliich-