The times., 1899-10-30

in intention, by the writing Of words in
tended to convey the petition or request;
but il is completed when the written words
are handed TO and read by B. II A, instead
of coming into the presence of B and there
writing the words and handing them him
self 10 and thereby soliciting him in his
presence. write such words in some other
place than in the presence Of B and eHtrust
such written words 10 c TO be delivered TO
b, A nevertheless solicits B, and such act
OF solicitation is a completed act only when
such written words are delivered TO to
read by him, and is TO all intents and pur-
poses done by A TO B in the presence of B
for, when c delivers the written words tc
b, il is as though A had himself delivered
the written words into BIS hands, for c
was AS agent for the purpose of that act
But may be carrier Of the United States
mails, for il is AS right to employ such
agency by aflxing the requisite stamp to
the envelope containing his communication
and then depositing the packet in the regu-
lar channels of the mail
If a letter asking for money is written
and mailed to a man who never receives it,
that man cannot be truly said to have been
solicited by means Of that letter, although
the writer has done everything that he
could TO effect that purpose The delivery
of the letter or the communication of its
contents to the person addressed is abso-
lutely necessary to make the writing of
it amount 10 a solicitation, and therefore
the place where the letter is delivered or
its contents communicated to the person ad-
dressed is OF necessity, partly at least, the
locus in quo Of the solicitation.
Use of the word "soIicit."
The word solicit is commonly found
in connection with attempts to induce
others to commit a crime or violate a law.
For instance. offering bribe is properly
an attempt by solicitation and is an
offence though the offer be declined. 1t
has long been determined that if an offer
to bribe is made through the postofiice
the writer commits an offence at the place
where he deposits the letter as well as
at the place where it is received. (See U.
5. VS.. Worrall, Second Dallas, 3S4)
The offence of criminal libel bears, in
many respects. a strong analogy to the
{ solicitation prohibited by the twelfth sec
4 tion Of the civil service act where such
/ solicitation is by letter The offence of
| libel is not complete until the defamatory
writing has been actually published or
communicated either to a third person or
to the party libeled with intent TO pro-
woke a breach of the peace. tSee Barrow
VS.. Llewelyu, Hob, 50; Clutterbuck vs..
Chaffers, l Stark, Al; FOnville vs. Nc
Nease. Dudley, S. c., 303.)
1T is true that when a letter is posted
which is afterwards opened by third
I person. it is regarded as having been pub
Iished by the writer at the time and place
( Of its being posted; but il is also regarded
by the law as having been published by
him likewise at the place where il was
/ opened or seen by the third person. This
was decided by the Court of Kings Bench
in 1920 in the celebrated case of Rex VS..
Burdett. reported in Barn. e Aid, p. 95.
(See sec. 925, and notes, Wharton on Con-
hict of LawsD
In that case Sir Francis Burdett was
tried upon a criminal information for writ
ing, composing, and publishing libel in
the county Of Leicester. 1t appeared from
the evidence that he composed and wrote
the libel at Leicester on August p, and
that two days after It was published at
London. and defendants counsel con-
tended that having been posted in sealed
envelope, which was not opened until after
its delivery at London, there was no pub
lication at Leicester. But 1t was held by
three Of the four judges that the delivery
at the posrctfice in Leicester of a sealed
letter enclosing a libel intended to be pub
lished in London, and which afterwards
was published there, constituted publ
cation 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. l7e, says;
To write and publish a libel is misdemeanor
compounded Of distinct parts, each of which parts
8or / am speaking OF a published Ebeil being
aH act done IN prosecution ot one and the same
criminal intention, IS d misdemeanor. And
parts, j say without doubt or hesitation that the
whole may be tried in that county wherein any
part can be proved to have been done.
Further, as to the policy of the law in
regard 10 crimes or offences not committed
in person, and particularly those commit
ted by letter or non-sentient agency. In
re Palliser, 1876 L. s, 276, the court says:
In the case before US the offence charged being
offer Of money OF tender u contract Tor the
payment 0f money contained in a letter mailed
IN New YORK and addressed to a postmaster in
Connecticut, induce him 70 violate his official
duty. il might admit OF doubt whether any OF
fence was committed until the offer or tender
was known 60 tie postmaster and might have IN
iuglled his mind. But there can be no doubt at
an that If aug offence was committed in New
York, lie offence continued 30 be committed
when the letter reached the postmaster IN Con
( nccticUt; and that, ii 10 offence was committed
ia New York, an offence WIS committed III Con
Eecticut.
Here follows a reference to another case
in which The points in question are simi-
lar. Continuing the statement says:
From these considerations the conclu-
sion appears to be unavoidable that the
writing and sending through the United
States mails OF a letter addressed 70 an
officer OF empioye of the Government at
his Office. asking for a contribution OF
money for any political purpose, consti-
tutes solicitation OF money for that
purpose; and that since such solicitation
/ has its full effect only upon the delivery
OF such letter TO the addressGe, which de-
livery occurs within a Cove = lent build
ing 1t is an act Of solicitins< done in a
/ Government building, and hence comes
within the express terms OF the statute.
The Second Point.
4 Seconds such solicitation by letter
within the mischief intended to be rene
+ died by the statute?
THE general purposes Of the act are set
! forth specifically in the second section
which makes it the duty Of the Commis-
! sioners TO aid the President, as he may
request, in preparing suitable rules for
! carrying this act into effect, which said
! rules shall. amcng other things, provide
! and declare as follows:
! " 'Fifth-That no person in the public
] service is for that reason under any obliga-
( tion 20 contribute to any political fund, Ol
render any political service, and that he
! Will not be removed or otherwise preju-
diced Tor refusing TO do so.
"One declared purpose therefore, Of the
act is to prevent Government officers and
employees from being required to contrib
ute as such for political purposes and il