Evening star. [volume] (Washington, D.C.) 1854-1972, 1904-10-14
WILL STOP PRACTICE
An Important Order Issued
by Gen. Chafee.
PRESENTS TO OFFICERS
DONATIONS HAVE BEEN IN vIo-
LATIoN OF LAW.
Statutes Held to Apply to the Military
as Well as the Civil Branch of
the Public Service.
'RESENTS TO OFFICERS

| 1t is understood that the officers of the
| administration are determined to enforce
| a more strict observance of the statute
| prohibiting the giving and receiving of
| gifts by public officials than has obtained
| in the past The first movement in that
direction has been taken by the War De-
partment. So many violations of the law
| have occurred In various departments of
| the government that it appeared that the
statute was more honored in the breach
| than in the observance. There were no
more cases in the army than in the civil
| departments, but it remained for the War
Department to take the first official cog
nizance Of the matter.
Loving Cup Given to Gen. Williams
The question arose.in connection with the
| case of Brig. Gen. Constant Williams, now
commanding the Department of the Column
bia, who was presented with a loving cup
by the officers of the 26th Infantry on the
occasion of his separation from that regi-
merit by reason of his promotion to the
grade of Erigadier general. In that case it
was shown that, Gen Williams had no
knowledge of the gift until it was present
ca and that he had at that time severed
his connection with the regiment The case
was made the subject of an official COM
plant to the War Department with the re-
suit that Gen. Davis, the judge advocate
general, made an elaborate review of the
statutes bearing on the question of the ac-
ceprance of gifts by public officials with a
view to determining their application to
officers of the army.
View of the Judge Advocate General.
Gen. Davis closed his review of the
statutes with an expression of opinion as
follows:
ut is therefore the opinion of this office
iy, 4
discussion (section I7sD is sufficiently gem
eral to include within It's scope officers of
the army and persons holding clerical po-
sltlons In the severas branches of the War
department. AS the statute is highly penal
| in CHARACTER it should receive strict con-
struction and should mot be applied to per-
sons not expressly Wrought within the stat
utory uto1; prohibition. Itswin be noted that the
employ shall s6licis ass s4ptions Iron from
| other officers; clerks or employees. nor shall
celVe any gift or present offered or pre-
sented to them from persons in government
employ receiving less salary than them
selves
Now, none of the terms used to desig-
nate or describe the persons to whom the
| prohibitions OF the statute are addressed
| can, save by implication, be extended so as
| to include enlisted men of the army as
donors of presents or solicitors of contribu-
tons; but, while 1t may be lawful for en-
listed men to make gifts and solicit con-
trlbutions therefor, the language is clear
that no officer can receive gift from any
one in government employ receiving a less
salary than himself Nor does it apply
even by implication, to the receipt OF gifts
from persons not in government employ.
Law Frequently Violated.
Il do not think it can truthfully be
| said that the enactment has ever received
anything more than casual and occasional
1 l.. o.slz -
branch of the government service News
| paper accounts of the presentation of gifts
by subordinates to superiors in the public
service are by no means infrequent, and l
can recall no instance In which the penalty
| III escribed in the Statute has been imposed
| for Its violation upon any Of the parties to
such transaction. In the military service
there Rave been occasional Instances in
which, as in the case presented. some form
of souvenir has been presented to an officer
by brother officers on the occasion of his
promotion.
There have also been Instances In which
presents, usually swords or sabers, have
been made by enlisted men to commission
ed officers under the same circumstances.
In some cases, such gifts have been made
| by civilian employees, and in others they
have been made by persons in no way con-
nected with the public service. All these
cases, save that last described seem to
come fairly within the prohibition of the
statute-certainly as far as the recipients
are concerned 1t should also be said. and
l think 1t Is true, that the best sentiment
Of the army Is, and always has been, op-
posed to such practices. 1t Is therefore
suggested that the attention of officers and
matter by the publication of section 1884
| of the Revised Statutes in the form of a
circular"
Gen. Chaffee's Circular.
In accordance with the recommendation
of the judge advocate general, Lieut.. Gen.
Chaffee, chief of staff, today issued a cir
cular to officers and enlisted men of the
army inviting their attention to section 1884
of the Revised Statntes which statute pro-
vides as follows:
mo officer. clerk. or ,employe In the
United States government employ shall at
any time solicit Contributions from other
officers clerks or employees in the govern
ment service for aagift or present to those
In superior Official positfsn; nor shall any
such officials or clerical ssuperiorS receive
any gift or present offered or presented to
them as contribution from persons In
government employ receiving less salary
than themselves; nor shall any officer or
clerk make any donntiOn as a gift or pres
ent to any official superior. Every person
who violates this section shall be sum-
| marily discharged frnm the government en-
| ploy."
Gen. Chaffes's Statement.
General Chaffee ssys that this circular is
|
| war, and adds:
1.-The foregoing erIsctment includes within
the statutory prohfhition the soliciting Of
contributions by oae eficer or employe
from other officers or employees of the
United States when such contributions are
| to be used for the purchase of gifts or
| presents to those in superior official posi-
ton. The receiving of presents by officers
from their juniors In rank or from civilian
employees of the several staff departments
also falls within the prohibition Of the
section which imposes the penalty of sum-
mary dismissal upon all those who by So
hcftfng contributions or by giving or re-
| ceiving presents become subject to its penal
| operation.
''The practice OF receiving presents. from
persons not in the military establishment or
In the employ OF the government in recog-
milton OF services rendered. though not ex-
pressiy forbidden, is opposed to the spirit
| of the statute. and for that reason Is not
| approved by the department.
THE requirements of the statute above
| cited Will hereafter be strictly observed in
all branches Of the mihtary establishment"