694 



POLITICAL ASSESSMENTS. 



Please make prompt and favorable response to this 

 letter by bank-check, draft, or postal order, payable 

 to the order of Jay A. Hubbell, acting treasurer, post- 

 office box 589. Washington, D. C. 



By order or the committee : 



D. B. HENDERSON, Secretary. 



This action of the Congressional Committee 

 led the New York Civil-Service Reform Asso- 

 ciation to send to Government employes a com- 

 munication, of which the following is a copy : 



CIVIL-SERVICE KEFORM ASSOCIATION, 

 No. 4 PINE STKEET, NEW YORK, June 17, 1882. 



DEAR SIB : We understand that a circular has re- 

 cently been sent to you from the Eepublican Con- 

 gressional Committee, asking for contributions to- 

 ward defraying the expenses of that committee at the 

 coming election. 



We desire to inform you that in the opinion of coun- 

 sel, as the members of the committee are officers of 

 the United States Government, you, as an office- 

 holder, are liable, under section 6 of chapter 289 of 

 the United States Statutes, 1876 (supplement to the 

 Eevised Statutes, page 245), to punishment by flue, 

 or removal from office, or both, hi case vou subscribe, 

 as desired. The National Civil-Service Eeform League 

 proposes to bring the matter to the attention of the 

 Attorney- General, and other prosecuting officers of 

 the United States, and until their decision is given 

 we should advise you prudently to refrain from com- 

 plying with the request of the committee. Eespect- 

 fully, GEORGE WILLIAM CURTIS, President. 



EVERETT P. WHEELER, 



Chairman Executive Committee. 



WILLIAM POTTS, Secretary for the New York Civil- 

 Service Eeform Association. 



The question whether a member of Congress 

 incurred the penalties of the act of 1876 by 

 soliciting or receiving money for political pur- 

 poses from Government employes, was sub- 

 mitted to Attorney- General Brewster, who 

 gave an opinion to the effect that neither a 

 Senator nor a Representative was an "officer" 

 within the meaning of that statute. In August 

 a second circular, of which the following is a 

 copy, was sent by the Congressional Commit- 

 tee to those persons in the Government ser- 

 vice who had not responded to the first : 



WASHINGTON, D. C., August 15, 18S2. 



SIR : Your failure to respond to the circular of May 

 15, 1882, sent to you by this committee, is noted with 

 surprise. It is hoped that the only reason for such 

 failure is that the matter escaped your attention, ow- 

 ing to the press of other cares. 



Great political battles can not be won in this way. 

 This committee can not hope to succeed in the pend- 

 ing struggle, if those most directly benefited by success 

 are unwilling or neglect to aid in a substantial' manner. 



We are on the skirmish-line of 1884, with a conflict 

 before us, this fall, of great moment to the republic, 

 and you must know that a repulse now is full of dan- 

 ger to the next presidential campaign. 



Unless you think that our grand old party ought 

 not to succeed, help it now in its struggle to build up 

 a new South, in which there shall be, as in the North, 

 a free ballot and a fair count, and to maintain such 

 hold in the North as shall insure good government to 

 the country. 



It is hoped that by return mail you will send a vol- 

 untary contribution, equal to two per cent of your 

 annual compensation, as a substantial proof of your 

 earnest desire for the success of the Eepublican party 

 this fall, transmitting by draft or postal money-order, 

 payable to the order of Jay A. Hubbell, acting treas- 

 urer, post-office lock-box 589, Washington, D. C. 



By order of the committee : 



D. HENDERSON, Secretary. 



The levying of these political assessments or 

 contributions was generally condemned by the 

 press of both parties, as well as independent 

 newspapers. 



Meanwhile a case had been begun against 

 General Newton Martin Curtis, which resulted 

 in a decision by the United States Supreme 

 Court on the question of the constitutionality 

 of the act of 1876. General Curtis was a Fed- 

 eral officer in New York city, appointed by 

 the Treasury Department. He was also Treas- 

 urer of the New York Republican State Com- 

 mittee, and in that capacity was charged with 

 receiving money from Government employes 

 who had been asked to contribute for political 

 purposes by that committee. At the instance 

 of the New York Civil-Service Reform Asso- 

 ciation, General Curtis was indicted under the 

 act of 1876, tried in the Circuit Court of the 

 United States, found guilty on two counts of 

 the indictment, and sentenced to pay a fine of 

 $500 on each, or $1,000 in all. His counsel 

 contended that Congress had no power to pass 

 the act under which he was indicted, and that 

 therefore it was unconstitutional and void. 

 The Circuit Court affirmed the constitutional- 

 ity of the law, and the case was brought before 

 the Supreme Court on a writ of habeas corpus. 



The act of 1876 is as follows : 



That all executive officers or employe's of the Uni- 

 ted States, not appointed by the President, with the 



^cer or employe of the Government, any money or 

 tperty, or other thing of value, for political pur- 



property 



Ana any such officer or employe" who shall offend 

 against the provision of this section shall be at once 

 discharged from the service of the United States ; 



And he shall also be deemed guilty of a misde- 

 meanor, and on conviction thereof shall be fined in a 

 sum not exceeding five hundred dollars. 



On December 18, 1882, the Supreme Court 

 rendered a decision holding the act constitu- 

 tional. In the opinion, written by Chief-Jus- 

 tice Waite, it is pointed out that the above act 

 rests on the same principle as that originally 

 passed in 1789, making it unlawful for certain 

 officers of the Treasury Department to engage 

 in trade or commerce, to own a vessel, to buy 

 public lands or other public property, or to be 

 concerned in the purchase or disposal of the 

 public securities of a State or of the United 

 States; and that passed in 1812, which makes 

 it unlawful for a judge appointed under the 

 authority of the United States to engage in the 

 practice of the law ; and that passed in 1853, 

 which prohibits every officer of the United 

 States from acting as an agent or attorney for 

 the prosecution of any claim against the United 

 States ; and that passed in 1863, prohibiting 

 members of Congress from practicing in the 

 Court of Claims; and that passed in 1867, re- 

 quiring the dismissal of any officer or employ^ 

 of the Government who requests any working- 

 man in a navy-yard to contribute or pay any 

 money for political purposes ; and that passed 

 in 1868, prohibiting members of Congress from 



