The times., 1899-10-30

tion OF the Iayv-Points ia Question
The Civil Service Commissioners have
issued statement concerning the solicit
ing Of subscriptions for political campaign
purposes in the Government department
buildings. The statement is an exhaustive
discussion OF the many points involved and
supports decision OF the Commission
made four years ago. It was then held
that such solicitations must not be made
through the mails by letters addressed to
Government employees at their Offices. The
statement Of the Commission follows:
In view Of the wide dissemination of
the circular letter Of ". T. Burdell, Treas
urer Of the finance committee Of the Ohio
Republican State Executive Committee, So
Hciting contributions from Federal EN-,
ployes, which brings up clearly the ques-
tion SO long awaiting judicial deteTmina-
tIon as to whether soliciting of contribu-
tions for political purposes by means Of
letters addressed to Federal officers or en-
ployes al their offices constitutes an Of
fence under the twelfth section Of the
Civil Service act, the president Of the Civil
Service Commission. on October p, ad-
dressed a letter 10 Hon George +. Ed
munds, who was chairman OF the Judiciary
Committee of the Senate at the time the
Civil Service act OF January l6, 1888, was
passed, quoting the section referred TO
and asking his opinion upon the question.
II reply Senator Edmunds wrote as fol-
lows:
Philadelphia, Pa, October p. 1893.
Dear sir have yuurs oi the Path instant, in
closing brief the subject Of soliciting political
SUBSCRIPTIONS IN the departments at Washington,
etc
entirely agree with the conclusions stated in
the brief. think il is clear that tile solicitation
Of such political aids 10y means Of the postufIices
IS distinctly within the prohibition Of section i
O. the act 70 which you refer. The language Of
the section Is that no person shall u any
room or building etc solicit ia ann manner
whatever" etc. il is not that no person being
IN q room or building, shall solicit but il is that
10 solicitation shall be made IN any such place,
no matter where the person making the soiicita-
non may be II, Tor instance. a person GA the
street outside the Treasury Department should
stnq written oner 10 some person employed
within tie building 10 pay price for robhing the
vaults or committing any other wrong, il Would
he clear that this offence was committed within
the building. for the writing ot ghe offer would
be entirely incomplete until delivered 10 The
person 20 whom Il was addressed. j think II
impossible therefore, 20 maintain tiTat such acts
As you refer 70 are not within both the letter
Ena Tie silTlt OF the act q Congress. cry
respectfully yours, GEO T. EDMt NI)S.
John r. Proctor. Esl-. President. etc T. s
Nlvli Service Commission, Washington, D. c.
'As long as four years ago the Civil Ser
vice Commission held that the sending
through the United States mails of a letter
addressed TO an official or emplOye OF the
Government at his Office asking for a con
ribution Of money for any political pur-
pose constituted 2 solicitation in viola
tion Of section y Of the Civil Service act
a pr # 7frf
being completed only by the delivery of
the letter 10 the addressee and localized
within the territory in which such solicita-
ton is specifically prohibited by the stat
ute. The reasoning by which this position
was reached and the arguments with which
ii was defended viii be recited below:
The language Of section y OF the Civil
Service act is as follows:
Section u. That person shall in any room
cr nciiclnE occupied lH the discharge OF official
duties BY any officer or emplCye OF the United
States mentioned in TINS act, or IN any navy
yard fort, or arsenal, solicit in any manner
whatever. OF receive any contribution of money
OF sf$ other thlug ot value fer any political
purpose whatever
The question is whether the sending bv
mail to an officer or empIOye Of the United
States, directed TO him at the room or
building occupied by him in the discharge
Of his official duties. and there delivered, Of
letter asking for money, is such a solici-
tauon Of money as is prohibited by the
language OF the statute just recited.
Questions for Confederation.
''In determining this question it is to be
considered
''First-Whether the sending Of such a
letter comes within the language Of the
statute.
"Second-Whether il comes within the
mischief intended 70 be remedied by the
statute
'FiTst-If this enquiry is to receive an af-
hrmatlve answer il must be found (a) that
the writing and sending Of such a letter
constitutes q solicitation, and tbj that
such solicitation occurred within the iuris-
dictiOH within which IL is specifically pro-
hibited by the statute.
la To solicit is to petition or ask a
person for something. Obviously, that such
petiuoning or asking is done by means Of
written words that are capable Of being
understood by the person TO whom they
are addressed. and not by means of mere
spoken words. does not alter the nature Of
such act Of petitioning or asking so that it
shall cease 10 be a solicitation
"(b} But such act Of solicitation by writ
ten words cannot be said TO be complete
until the import Of such words shall have
been apprehended by the person 70 whom
they are addressed, and obviously this can
not be until they are communicated to
him by being delivered 10 him and read by
him. or read TO him BY another.
a may speak words 10 while in his
presence, and thereby solicit B. A may.
while iu the presence Of 3. write words
and show such written words 10 b. and Sc
solicit 3. The act Of solicitation is begun