The evening times., 1900-06-16

These letters were sent through the
United States mails and delivered to the
persons addressed at the places occupied
by them for the transactions of public bus
mess and Ii was ascertained that almost
every employe in the Offices of the C0llec-
tor and the Surveyor OF Customs at New
York had received such a letter. and that
many letters whose outward appearance
indicated that they were of the same kind
were brought TO The office at the same
time. addressed to persons whose connec-
ton with the service had been severed
within year or two previous
The facts. as asceTtained by the Com
mission through correspondence. were re-
ported TO the Attorney General in order
that such action might be taken by the
Department Of Justice as might result In
judicial determination Of the question
whether the sending of these letters OF
solicitation addressed TO officers or en-
plcyes of the Government at the places oc-
cupied By them in the performance Of their
official duties constituted offence IN
der the twelfth section Of the Civil Sery-
ice act.
Upon the investigation of the case by the
District Attorney TO whom il was referred
by the Attorney General. however, it was
decided by the District Attorney that II
would not be possible TO sustain en- action
without additional information and eYi-
dence. to obtain which would require the
employment OF detectives. and as this was
rot deemed advisable the case was drop
ped.
As long as four years ago the Civil Ser
vice Commission held that the sending
through the United States mails Of let
ter addressed TO an official or employe oi
the Government at his office. asking for
contribution Of money for any political
purpose constituted a solicitation, in
violation of the Civil Service act of Janu-
airy Is, 1855 such act of solicitation being
completed only by the delivery OF the let
ter to the addressee. and hence localized
within the territory within which such
solicitation is specifically prohibited by
the statute.
The Language OF section y of the Civil
Service act is as follows: That no person
shall. in any room or building occupied
in the discharge CT Official duties by any
officer or employe Of the United States
mentioned in this act or in any navy yard,
fort or arsenal. solicit in any manner
whatever, or receive any contribution OF
money or any other thing of value, for
any political purpose whatever.
The Commission has held. as stated,
that the sending by mail to an officer or
employe of the United States, directed 10
him at the room or building occupied by
him in the discharge of his official duties,
and there delivered. OF letter asking Tor
money. is such solicitation Of money as
is prohibited by the language of the stat
ute Just recited-
In determining this question it is tc
! be considered:
l. Whether the sending Of such letter
/ cones within the language Of the statute.
IL Whether it comes within the evil in
| tended to be remedied by the statute.
l. II this enquiry is to receive an affirma-
| tive answer. II must be found (a) that the
rFuarr ar,1 frIr Of
stitute a solicitation and (bl that su, h
} solicitation occurred within the jurisdic-
/ tion in which il is specifically prohibited
/ by the statute.
| (aD To solicit is to petition or ask per-
/ son for something. obviously. that sub
/ petitioning or asking is dOre by means ot
/ written words that are capable Of being
understood by the person to whom tSey
I are addressed. and rot by means Of mere
/ spoken words. does rot alter the nature
/ Of such act Of pcttioEing or asking so that
/ L shall cease 70 Sc a solicitation.
/ OBJ But sucn act of solicitation by writ
1 ten words cannot be said 10 b. complete
| until the import os such words shall have
/ been appreheuded by the person to whom
( they are addressed. and obviously this
| cannot be until they are communicated TO
/ him by being delivered 10 him and read
I by him. or Tea5 to him by another.
a may spe words 10 b while in his
/ presence. and thereby solicit" b. may
while in the presence Of B write WO-ds.
and show such written words TO B. and 90
solicit B. The act of solicitation is b.
1 gun in intent on. by the writing Of words
! intended 20 convey the petition or r5q-est.
! bat IL is completed when the written WOTCs
are handed to and read bY B. If A ia
! stead Of coming into the presence Of B ard
( there writing the words and handing them
/ himself 10 3. ard thereby s5lic ting him
/ in IS
! other place than in the presence Of b and
] entrust such written words 10 c 10 be de-
: livCred 10 B. a nevertheless sOiicits b,
/ and such act of solicitation is 6 completed
/ act only when such written words are d.
l livered TO u to be read by him, and is 20
/ all intents and purposes done D. \ 10 in
/ the presence Of b. for when delivers the
/ written words to p it is as though A TAI
/ himself delivered the written words in.o
| BIS hands for c was AS agent for tie
/ purpose Of that act. But c may be q ca
/ rier OF the United States mails. for II is
I AS right to employ such agency By affixiIg
( the requisite stamp to the envelope COZ
! tanning his communication, and then de-
/ posting the packet in the regular channels
| OF the mail
The Subject of solicitation.
If letter asking for mcnsy is written
and mailed to a man who never receives
it, that man cannot be truly Sid to have
been solicited by means Of that letter. al
I though the writer has done everything
that he could to effect that purpose.
In October. 1899 the National Civil Sery-
! ice Reform League. at New York, address,
! ed to the Civil Service Commissioners
letter calling attention to an apparent vic
lation of the provisions of the Federal
! Civil Service act relative to the solicita-
/ tiOn or receipt of political assessments.
! subscriptions. or contributions on the part
| OF Charles Dick and Others members Of the
! Republican State Executive Committee of
! Ohio.
| II was set forth that at various times
| during tie month of October circular let
| tiers had been sent to officers and employees
| OF the United States soliciting contribu-
| tions toward the expenses of the State
Committee IN the political campaign.
printed on the letter head of the Finance
| Committee of the Ohio State Executive
| Committee" and signed by ''W. F. Burdell
| treasurer" The fact that the moneys So
licited were to be applied to the uses OF
| the full committee was stated very clearly
and explicitly. The subcommittee acted
as an agent. The body of which Mr. Dick
was chairman was the actual recipient of
subscriptions or contributions paid, and
| unquestionably directed the disbursement