The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1900-09-26

thing In advance OF an election. be-
cause the offense may not have been
fully committed. or II committeeman
I suppose from what learn that there
have been cornmitted-it Is better that
offenses OF a political character should
walt until after the election Is over,
and then II It becomes necessary to in
.vestigatc them. let them be investiga-
ted, after the turmoil OF political strife
has subsidized. / do not want anybody
indicted for any supposed political Of
fense-l do not care what party he be-.
longs to-before an election. 1t will do
no good now and will only have a ten
dency to embitter one. side or-the other.
Us the case may be.
Now, there are certain statutes upon
the statute books which are unrepealed
II refer to statutes under the head OF
Grimes Against the Elective Franchise
and Civil Rights OF Citizens" but many
OF them have been repealed Section
5.567. section 5.5dS. section 5.569. section
$50 and section $50 have not bean re-
pealed. All these sections relate more
or less to Grimes Against the Elective
Franchise and Civil Rights of Cfti-
ems" Grimes against the Elective
franchise" are crimes that refer to the
exercise Of the right OF citizen to vote.
A "crfme against the civil rights OF q
citizen" Is practically the same thing.
because II you invade or Interfere with
the civil rights OF u citizen In any re-
spect, the oRense Is provided for under
the statute.
Section b.5O7 is for "lntimidating vo-
ters by bribery or threats: section
b,60S. Furnishes Conspiracy to lnjure or
iintimidatc citizens in the exercise OF
nj. ri 10 n
punishment for violation OF the two
preceding sections that I have referred
to-, section $50 Is for u Conspiracy to
deprive any person OF the equal protec-
ton Of the laws"
( These sections, gentlemen, are sub
stnntially about all that Is left Of the
federal election law; the other sections
have been repealed. But there Is
enough left to protect the rights Of the
citizen In the exercise OF his right to
vote In this connection. the civil SER
vice act which was passed by Congress
and approved on the 18th day OF .Innu-
airy. 1888, has something to say upon
thus subject. That act authorized the
President and the civil service commits
sion to prepare rules for carrying 1t In
to effect. "And when said rules shall
have been promulgated. II shall be the
In the departments and Offices to which
any such rules may reach. to aid In all
proper ways In carrying said rules. and
any notifications thereof, into effect"
In pursuance Of section OF the statute.
the President and the civil service COM
mission formulated certain rules for the
enforcement OF the act, which rules. by
the terms OF the act, are to be consid-
erred and held to be just as much part
and parcel of the act as II they were
part Of the original enactment.
Section IL Of the civil service act pro-
vides, THAT no person shall, In any
room or building occupied In the dis
charge OF official duties by any officer or
employe of the United States. mention
ed 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"
Section IA Of the act provides. THAT
no officer. clerk. or othc;. person In the
service OF the United States. shall d.
rectly or indirectly, give or hand over
to any other officer, clerk. or person In
the service OF the United States. or to
any senator or member of the house of
representatives, or territorial delegate.
any mony or other valuable thing on
account Of or to be applied 10 the pro-
motion OF any political object whatev-
err" Section is provides, THAT any
person who shall be guilty Of violating
any provision Of the four foregoing
sections. shall be deemed guilty OF
misdemeanor, and shall, on conviction
thereof. be punished by fine not eN-
ceedlnE five thousand dollars, or by i'm
pr!sonment for n term not exceeding
three years. or by such fine and fmprfs-
onment both, In the discretion Of the
court" a u
Rule 2. which is rule formulated by
the President and the civil service COM
mission, under the head OF Political
activity OF office holders, ETC." provides
that no person in the executives civil
service shall use his official authority
or official influence for the purpose Of
interfering with an election or controls
ing the result thereof"
| refer to these statutes. gentlemen,
and to the civil service law and the
rules formulated and promulgated by
the President and the civil service COM
mission more especially for the purpose
OF informing the country, as well us the
officers OF the law under the civil SER
vice Of the United States. what Is ex-
pected and required Of them, and what
their duties are. am not here to-day
TO instruct this grand jury to investi-
gate any political offences whatever. at
this time. either under the statutes that
l have read-under the crimes act Or
under the civil service act, which have
read 20 you-and the rules that have
been formulatd and promulgated by the
President and the civil service commits
sion; but there may come n time II any
one Of the provisions OF the law that l
have referred to have been violated,
when It will become my duty. II the
case Is properly presented to the court
for Its consideration. to pass upon II,
and It may become my duty In the fu-
ture to call the attention of the grand
Juries OF this district to the violations
OF the law and the penalty. trust'that
no such case will ever come before me:
] trust that there Ia no person who VIII
be found violating the law. ! presume
when the Congress OF the United States
passed these laws that 1t intended they
should be enforced: presume when I
was required to take an oath OF office
TO faithfully enforce the laws OF the
country, that It became my duty to see
that they were enforced. In the course
Of long and varied experience upon
the bench have never shrunk from
the discharge OF public duty. When
the "FOrcc Act" was passed and It was
so unpopular. administered 1t and en-
forced II. and am happy to say that the
construction ] gave to that, net ut the
time. although I was criticised with
some severity for 1t. yet afterwards. In
the wisdom Of time. everybody APP
proved It.. and the government npprov-
cd It and enforced It.
I trust and hope that may be par
doned for expressing the wish. that In
the election that Is soon to take place,
concerning which there liz so much .ex-
element In the country-moret excite
ment than ever have witnessed. with
one exception. ut presidential election
that everybody Will go 10 the polls