The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-10-30
THE SENTINEL AND CHAIRMAN

The Sentinel makes vicious and libel
Gus attack on Chairman Hernly of the
Republican State committee because he
has written to postmasters asking them to
contribute to the Republican campaign
fund in this State. His letter was simply
a request for a contribution of any sum
the recipient might feel like giving to the
Republican cause. The Sentinel says this
is IAN open violation of the law of the
United States" calls Chairman Hernly
"a law breaker" and heads an editorial
1.-THE Scoundrel Hernly." These charges
and epithets are libelous and actionable,
but with that the Journal has nothing
TO do.
Chairman Hernly has not violated any
law nor done anything unusual. The civil
service law never intended to prevent per-
sons In the government service from con-
tributing to campaign funds. If they
wished to, nor persons not in the govern
ment service from asking them TO do so.
provided the person so asking did not enter
the building or room where the official is
employed. In 1852 the Supreme Court of
the United States, by Chief Justice Waite.
decided that the law prohibiting persons
in the civil service from soliciting cam
paign contributions from other persons in
the civil service was constitutional. The
court said:
The managers of political campaigns
not in the employ of the United States
are just as free row to call on those in
off for h sod for tool
service as ever they were. and those in Of
fee can contribute as literally as they
please The law contemplates no
restrictions upon either giving or receiving
except so far as. may be necessary 10 pro-
tect, in some degree, those in the public
service against exactions through fear of
personal loss.
This decision was under the civil-service
law of 1876. The amended law of 1883 ex-
tended the protection above referred TO,
and besides prohibiting any person in the
paign contribution from any other per-
son in the government service, said:
Sec. II That no person shall, in any
room or building occupied in the discharge
of official duties by any officer employee
of the United States mentioned in this
act, or in any navy-yard fort or arsenal,
solicit in any manner whatever, or receive
any cOntrlDullOn OF money or any Otner
thing of value for any political purpose
whatever.
This section prohibits any person from
personally soliciting campaign contribution
in any room or building occupied by gov
eminent. employees in the discharge of Of
fetal duties. 1t is intended to prevent and
does prohibit any person from going from
room TO room or from desk to desk So
Letting campaign contributions from per-
sons in the employ of the government. 1t
was not intended to prevent and does not
prohibit the solicitation of such contribu-
tons by private letter which may be and
presumably is delivered at the officials
residence and not at his office Even If
delivered at his office such a letter is no
Waite said: THE managers of political
campaigns not i'm the employ of the United
States are just free now TO call on those
in Office for money TO be used for political
service as ever they were.'' provided the
request is not made in the room or build
ing where the government official is en-
ployed. The soliciting of campaign contri-
buttons from government officials by letter
has been practiced under the administra-
tons of both parties for years past. Of
fcials may respond or not as they please.
but a request for a contribution made in
that manner is no violation of law