The Montgomery advertiser., 1902-10-19
MUST OBEY
LAWS MANDATE
The President Warns
Public Officials.
QUOTES KNOX'S OPINION
Federal Officers Must Keep
Within Civil Service Act.
Unlawful Circulars Sent Out by
Republicans of Ohio and PennsyI-
vania Used as Examples
q. Of Violation.
QUOTES KNOX'S OPINION

welt today issued the following executive
order:
ION request of the Civil Service COM
mission. the Attorney General has SUBJ
mitted to me the following opinion:
Your note Of the 18th instant re-
questtng me to advise you relative to the
question Of political contributions as
shown by the respective correspondence
which you enclose between the Civil Ser
vice Commission and officers Of the Re
publican State Committees of Pennsyl-
vania and Ohio.
In the Pennsylvania case 1t appears
that recently a circular letter was is
sued by the Republican State Committee
signed M. 8. Quay Chairman, stating
that financial assistance Is needed in
the coming Congressional and State cleo
ton and that the Committee will be great
ly obliged IL the addressee will aid to
tn" extent Of his ability and inclination.
This circular letter bore in its caption
as well the name Of Senator Quay as
Chairman. and of w. r. Andrews CLERK
to the Senate Committee on Immigration)
as Secretary, and was sent by mail to
various Federal officers and their en-
ployes at their home addresses. Upon ad-
vice from the Commission that because
of their official relations neither Senator
Quav nor Mr.. Andrews could properly
serve upon a COMMITTEES concerned in So
Letting and receiving political contribu-
lions from Federal officers or permit their
names to be held forth In letters making
such solicitation, the circular letter so
far as addressed to Federal officiais. was
withdrawn. Immediately thereafter an
other circular letter was issued in iden-
tically the same form except that 1t bore
thu signature of the Treasurer Of the
Committee, who ID not a Federal ONCE
holder,
Illegality Of Circular.
1.-The Commission pointed out the H.
legality of this circular because 1t car
rted on its heading the names of Senator
Quay and Mr.. Andrews and directed It's
recall. and this ruling is now contested by
Mr.. Andrews.
"Tn the Ohio case a circular was is
sued by the Republican State Executive
Committee, bearing the names of Hon.
Charles Dick (member of Congress). and
of various Federal officials and stating
that any assistance which the addressee
can give as one Of those directly inter-
ested in party success in Ohio will be
gratefully acknowledged
at seems that this circular was sent
to certain Federal officials that the Com
mission demanded its withdrawal, and
that the Executive COMMITTEES declined
or neglected to accede to this demand.
'The question presented is covered by
Section II of the civil service act, which
prohibits members of Congress or terri
torial delegates Of the Congress, or mem
bers of Congress or deleeates-elect, or
any officer or employee OF Congress, or any
executive, judicial, military or naval Of
fcer of the United States. or any clerk
or employe of any department, branch
or bureau Of the United States Govern
ment from directly or indirectly, solicit
ing or receiving or being in any manner
concerned in soliciting or receiving any
assessment subscription or contribution
for any political purpose whatever, from
any officer, clerk or empioye OF the Unit
ed States or any department, branch or
bureau thereof. or from any person re-
ceiving any salary or compensation from
moneys derived from the service of the
United States,
Whatever the particular form of
words adopted In such circulars in order
10 show a -equest rather than demand,
and to give to responses quasi-volun-
tary character, the explicit and compre-
hensive words OF the foregoing statute.
unduestionably condemn all such circu-
lars They should not be sent to Fed
eral oficials or else they should not bear
the names Of public officers and employees
desIsnated in the act Attorney General
Harmon said: All who are in the Gov
eminent service are thus protected
AGAINST the possibility of actual coercion
ard from that of the coercion implied in
the relation of the persons soliciting or
receiving to the Government or implied
in solicitation or receipt in a public Of
Nce. but Congress did not attempt to
nrohihit solicitation by or payment to
ncrsons not in the Government service,
otherwise than in Government ofhces.
1T is also pertinent to notice Sec
tion IA of the act, viz: That no offlcer,
clerk or persons in the service of the
United states or any Senator or Repre-
sentative or any territorial delegate shall
receive any money or any valuable thing
on account of or to be applied to the pro-
motion of any political object whatever.
Authority of President.
".Your power to direct, by appropriate
order. under the mandates of these sec
lions. all persons in the executive service
of the United States is clear
81 hereby call the attention OF all Of
ecers and employees in the Federal SER
vice 10 the foregoing opinion and warn
tbam that the provisions of law as therein
construed are to be by them obeyed and
a,forced. Any official in the Federal ser
vice may, without jeopardy to his ofhcial
standing. contribute or not exactly as he
,Isases provided he obeys the sections
~ the civil service act above referred TO.
Theodore Roosevelt.
..Ubite House, Oct. Is, 1902