New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-06-06
TO GET OFFICE By TRICK.
Scheme to CircImUent Civil Service
Rules Detected.
rFRoM rHE TRIBUNE BuREAr.l

Washington. June 5.-Every scheme that In
geuuity devise and daring put into execution r.
practised defeat the objects sought TO be at
tanned by the Civil Service Commission. Plans are
laid. simple complicated as the exigeuCies OF the
case may warrant, but how often they are success
fully carried out only be conjectured Ere
quently they frustrated by government Of
dcials. who the Of the offenders and in
sttute court proceedings. which have resulted in
conviction and punishment.
case OF this kind is now before the United
States Supreme Court, a petition for q writ OF
certIorart presented May 81. 1904, by which
Thomas F. Curey and James J. Hughes. of Bos-
ton. are attempting to relieve themselves of the
consequences of an enort-so the government main
tains-to conspire against the United States. The
matter taken under advisement to be dts
posed of when the court convenes next October.
It IS charged by the prosecution that Hughes
wished to enter the government service as letter
carrier the Boston postofice but feared that he
could not pass the Civil Service examination ueCes-
sary to insure his appointment. In his perplexity
he appealed TO his personal and political friend
Thomas +. Curley. who agreed TO assist him The
government declares that Hughes and Curley
entered into conspiracy whereby Hughes was TO
file application for examination in the regl-
lar form. and Curey do the rest.
The evidence brought At the trial before the
District Court showed that October l. 1892.
Hughes made his application and that on Novem-
Der Z. 1902 he was instructed to appear for exam
nation. 1t was then agreed between them that
Curley should appear Tor and secure his admission
he To-
cordlng TO the testimony, was held on December !.
1902. and Curiey, true 20 nIs promise, hand,
admission card he had Curley impersonatng his
friend answered all the questions on the declara-
ton sheet. which called for name, date and place of
birth, legal residence. height and weight or the
The fraud was discovered. and. on April s. 1898
both Curley ana Hughes indicted for con-
spiracy under Section $40 Of the Revised Statutes
III two or more persons consptre either TO commit
any offence against tho United States OF defraud
the United States in any manner or for any pur-
pose, and one or more such parties DO any act 70
to such conspiracy shall be liable to penalty Of
mot S Jnan no more P t3aa TWO v9r ana TO
Curey and Hughes were convicted on September
"a 1893, and on october = w., Jhey were sentenced
To- rs nm nitnd Sttn Circuit ' 5oT MAS
affirmed the decision of the lower court, and then
the case brought 10 the Supreme Court of the
Counsel for Curey and Hughes claim that the
decision Of the Circuit Court OF Appeals extends the
$40 OF the Revised Statutes, beyond its meaning in
common law and in me English ana state statutes.
They also maintain that such decision involves Il
fraud rather than strict construction of federal
statute and that there is nothing in the origin or
history OF the statute TO warrant such an extension
of its scope.
spiracy statute is as broad as language can make
T. and that 1t specifically covers case OF this kind
every conceivable case of conspiracy defraud the
United States that it is criminal to conspire TO
defraud the government in any manner for any
purpose. 1t is further claimed that had the con
spiracy succeeded. the name Of James ]. Hughes
would have been placed the list of persons eligf-
Bile appointment for the position OF letter carrier
ness, and that the United States would have been
personal examination the qualifications OF its ser
rho political prominence of the accused persons.
the vigorous prosecution of the government and the
the supreme Court as to the scope OF the famous
fraud statute have created widespread interest in
cording to competent legal authorities that future
indulgence in schemes OF this kind viii be limited
yearn for the seclusion or the cell