The Montgomery advertiser., 1906-05-22

whose favor may have much to do with the appointment to. or retention In. public position of those whose official action 1t Is sought to control or direct.
 Evils Are Apparent.
 The evils attending such situation are apparent and arc increased when those seeking to influence executive officers are spurred to action by hopes of pecuniary reward. There can be no reason why the government may not, by legislation. protect each department against such evils. indeed against everything from whatever source 1t proceeds that tends or may tend to corruption or ineficiency in the man agement of public affairs
 "A senator cannot claim immunity from Legislation directed to that end. simply because he Is a member of a body which does not owe its existence to Congress, and with whose constI- tutional functions there can be no in- reference If that which is enacted in the form of a statute Is within the general sphere of legitimate legisia- tion, as distinguished from executive and judicial action and not forbidden by the constitution, 1t Is the supreme law of the land. supreme over all in public stations as well as over all the people.
 NO HfdH III tDiS country, tnlS court has said. is so high that he is above the law. No officer of the law may set that law at defiance with impunity All the officers of the government from the highest to the lowest are creatures of the law and are bound to obey 1t.
 Nothing in the relations existing between q senator. representative or delegate in Congress and the public Nvffh gUhtCh tuition they are respectively connected from time to time. can exempt them from the rule of conduct prescribed by Section 17s2. The enforcement of that rufe will not Impair or disturb those relations or cripple the power of senators, representatives or dele gates to meet any rightful or appro- priate demands made upon them as public servants"
 On the question of the right Of Bur ton to hold office under the government in the future, Justice Harlan said in addition to what has already been quoted that that part of the sentence does nothing more than declare the legal effect and might have been omit ted.
 We are of the opinion" he added. that section 17S2 does not by Its nec- essary operation impinge upon the au- thority or power of the senate of the United States, nor interfere with the legitimate functions, privileges or rights of senator's"
 United States Was Interested.
 As to the interest" of the United States in the proceeding against the Rialto Company he said:
 Tt Is. we think. a mistake to say that tn eUnited States was not interest ed in protecting It's property, that is. its mail, against improper and illegal use and in the enforcement. through the agency of one of its departments of a statute relating to their use. It would give too narrow an interpretation to the statute to hold that the United States was not intereste in a proceeding na department having such objects in view"
 Tn the dissenting opinion, Justice Brewer discussed at length the ques- ton whether the United States was interested" as required by the statute in the proceeding against the Rialto Company. He cited many authorities and in part said:
 'Tf the word interested' was not used in this section in the ordinary legal sentence. the words. Tn which the United States is party or directly or indirectly interested. are surplusage because in respect to every proceeding before a department or other tribunal. the United States, as parens patriae. has an interest in the general sense of the term. Indeed, what significance Is there in inserting the words from contract to Interested inclusive. un- less some distinct limitation was in- tended to be placed?"
 If the language was fin relations to any proceeding before any depart ment. court martial etc. 1t would ex- press the intent to exclude senators from appearance for compensation in any and all matters before the depart ment. In inserting the clause above referred to obviously means a limita- ton and no other limitation is sug- gested except that which limits It to matters in which the government is peculiarly interested"
 whatever the line of demarcation between direct and indirect results, the statute is clear that the govern ment must be interested