United States v. Smith
District Court, M.D. Alabama
Defendant, Allie C. Smith, was indicted unjer Act Jan. 16, 1883, c. 27, § 12, 22 Stat. 407 (U. S. Comp. St. 1901, p. 1223), “to improve the civil service,” for soliciting, in the post office at Clanton, Ala., a contribution of money for a political purpose from F. O. Dudley, the postmaster there.
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Defendant, Allie C. Smith, was indicted unjer Act Jan. 16, 1883, c. 27, § 12, 22 Stat. 407 (U. S. Comp. St. 1901, p. 1223), “to improve the civil service,” for soliciting, in the post office at Clanton, Ala., a contribution of money for a political purpose from F. O. Dudley, the postmaster there. Being arraigned, the defendant made a statement of the facts, which the government admitted to be correct, and thereupon asked the advice of the court whether his conduct fell within the statute, offering to abide the opinion of the court as to the law upon the facts, and to plead guilty or not…
1Opinion of the CourtJones, District Judge
(after orally stating the facts as above). Section 12 of the statute (Act Jan. 16, 1888, c. 2?, 22 Stat. 40? [U. S. Comp. St. 1901, p. 1228]) “to improve the civil service” forbids any one to solicit, “in any manner whatever,” any contribution of money or any other thing of value for any political purpose whatever, in any room or building occupied in the discharge of official duty by certain officers or employés of the United States — among them, a postmaster. To constitute the offense the statute creates, it is not necessary that the solicitation he made verbally. The illegal solicitation…
2Cases cited2 opinions
- United States v. ThayerSupreme Court of the United States · 1908
- United States v. ThayerDistrict Court, N.D. Texas · 1907