Evening Star Newspaper, May 7, 1940, Page 30

Gillette Describes Senafe Machinery To Police Election No Smearing Candidates, Committee Head Assures In Forum Address Senator Gillette, Democrat, of Yowa explained the work and policies the Senate Campaign Expendi- tures Investigating Committee in an sddress in the National Radio Forum last night. Senator Gillette is chair- man of the campaign committee. His forum address, arranged by The Star, was heard over a coast-to-coast network of the National Broad- casting Co. The text follows: It has been said often, and well, that Government at best is a neces- sary evil and that every law adopted and promulgated is a surrender of individual right of action and liberty. In almost every organized society there is constant controversy for control of the enactment of these laws. It is obvious that if one could be in a position to control in any manner whatever the rules of the industrial, the financial, and the political game we play the resultant advantage would be tremendous. ‘Two methods are commonly adopted to secure this control. One is by at- tempting through lobbying or pres- sure action to determine the pro- visions of the law itself at the time of its adoption. A second and more insidious, as well as potent, way is to attempt to conirol the agencies through which these laws will be adopted, administered, or inter- preted. ‘The people of representativé demo- cracies recognize no human laws excepting such as promulgated by agencies of their own choosing. Democratic peoples refuse to recog- nize or abide by any other type of man-made laws, excepting such as emanate from these, their own se- lected agents. They willingly, how- ever, subject themselves to such statutes, rules, ordinances, and regu- lations as are adopted for their gov- ernment by their own chosen agents. Every citizen of a democracy knows that these legislative rules, which will determine all individual actions in social relationship, may either insure or destroy life, liberty, and happiness security. It then becomes & prerequisite of transcendent im- portance that the agents of govern- ment—these employes chosen by us to serve us in a legislative, executive, administrative, or interpretive capa- city—shall be selected in a way that the electorate may e assured of the fullest, fairest, and freest machinery for registering their choice at the polls and in the ballot box. Unless this is definitely assured, all of the succeeding acts of self-government e worse than useless, and this abnegation of free choice will destroy the very foundation of principle on which a representative government rests. The control of election ma- chinery by insidious or indirect method has always been the goal of every dishonest, selfish, greedy, or subversive element in our social sys- tem. The defense of these injustices and the control of the right of free expression at the polls for all of our citizens has ever been a matter of deepest concern for every American who has at heart the general welfaye of his country. Committee’s Functions. _In each year of general election, it is the custom of the Senate of the United States to appoint a special committee composed of Senate mem- bers, directly charged with the duty of vigilantly policing the election of that year so far as authority to do 80 can be exercised by the Senate under the laws of the Federal Gov- ernment. Last February the Senate passed a resolution setting up such a special committee for the election of 1940. I have been asked tonight, as chairman of this special commit- tee, to give a short outline or resume of its functions, policies, and pur- poses, on the belief that every honest citizen of the United States wishes to aid us in the work that we are prepared to do. The committee is authorized and directed to investigate the campaign expenditures of the various presi- dential candidates, vice presidential candidates, and candidates for the United States Senate, in all parties, and to learn the names of the cam- E o SENATOR GILLETTE. paign contributors, the amounts con- tributed, how these sums are ex- pended, and also to investigate “the use of any other means of influence, including the promise or use of patronage or use of any public funds,” and all other facts in rela- tion thereto, which, now mark this carefully, I quote: “would be of public interest,” and which would be of aid for certain specific uses which I shall outline later in this talk. ‘The committee may mMvestigate anywhere in the United States or its territories, on its own motion or initiative, or on information of any kind which it deems reliable enough to authorize committee action. ‘Whether or not the committee acts on its own initiative, or on such in- formation, is entirely discretionary, but action of the committee is mandatory if complaints or charges, of specific violations are filed with the committee under oath, unless, after public hearing of the com- plaints and allegations, they are found by the committee to be untrue or immaterial. Perhaps it would be well, in view of the Nation-wide interest in the work of this committee in the com- ing presidential election, to rewiew briefly the statutes which may be the foundation for charges filed or investigations made. Strictly a Senate Body. In the first place, it must be borne in mind that this is a committee of the United States Senate, created by Senate action alone rather than by action of the Congress or set up under an existing statute. We have nothing whatever {0 do with cam- paigns for election to the House of Representatives, or in the campaigns for election of the Governors and other State offices of the various States. Neither do we have anything whatever to do with the campaigns for nomination or election to the political subdivisions smaller than & State. Our interest as a committee in these matters, or any investiga- tion by the committee of facts con- cerning these matters, is based solely on a situation wherein these cam- paigns would have a bearing on our own field of inquiry. In the second place, there is no Federal law governing the methods for nomination of . candidates: for Senator, or delegates to the national party conventions for presidential or vice presidential nominations within the various States. Whether the nominating machinery is the caucus, the convention, or the pri- mary system, the method of making these nominations, conducting con- ventions and primaries for senatorial nominations or selection of delegates to the national party conventions, is a matter for State supervision alone. The Supreme Court of the United States has spoken definitely on this particular question. The committee, however, is di- rected to make inquiry into these candidacies for nominations or se- lection of delegates to national con- ventions with a view to five possible uses of developed fact: First—For public information in the public interest. WOODWARD & LOTHROP —Star Staff Photo. Second—As basis for suggested remedial legislation. Third—As basis for contests relative to seats in the United States Senate. Fourth—As information to be turned over to agencies of justice, State of Federal, if express viola- tion of existing statutes is indi- cated. Fifth—Fqr possible use of com- mittees on credentials of the national party conventions. Corrupt Practices Act. There is on the statute books of the United States an act known as the Federal Corrupt Practices Act, which carries certain penal statutes and provisions pertaining to special and general elections, as dis- tinguished from priméry elections. Under the provisions of this act, treasurers of political committees must file on stated dates a detailed statement of receipts and expendi- tures for any candidacies as to date received, source of contribution, and the use of such funds. A political committee is defined in the act as including “any committee, associa- tion, or organization which accepts contributions or makes expenditures for the purpose of influencing or at- tempting to influence the election of candidates or presidential and vice presidential electors in two or more States, or whether or not in more than one State if such committee, association, or organization is a branch or subsidiary of a national committee, association, or organiza- tion, other than a regular party committee.” There is no limit in the Federal statute as to the total amount which may be expended in & presidential or a vice presidential candidacy. Section 306 of the Corrupt Practices Act provides that every person who makes an expenditure other than by contribution to a poli- tical committee aggregating $50 or more within one calendar year for the purpose of influencing the elec- tion of candidates in two or more States, shall also file an intemized detailed statement in the same manner as a political committee. ‘This same act requires every can- didate for the United States Senate to file with the secretary of the Senate on certain specified dates a particularly itemized account of all contributions, expenditures of funds, or the use of any influence what- ever by way of promise or pledge to any persons, or made by others in his behalf with his knowledge to influence his candidacy. The same act expressly limits the amount that can be expended in a general or special election by a candidate for United States Senator to a sum of $10,000, or, I quote: “An amount equal to the amount obtained by multiplying the total number of votes cast at the last general election for the same office by 3 cents, and in no event exceeding the sum of $25,000 if a candidate for Senator, or $5,000 if a candidate for Representative or Territorial Delegate.” It will be noted that this limitation on sena- torial candidate expenditures does not pertain to expenses incurred in C\ How can | achieve a really young - bustline....... ® Here is how . . . with a foundation as individual as your personality. Artfully de- signed with a definite type in mind . .. so that it fits as though it had been made for you and you alone. Such is the magic of Lty o T Duosettes ¢ This one of cotton-and-rayon figured batiste and elastic . . . emphasizes the young uplifted bustline with a cleverly designed cotton lace bra top . . . then to look smooths your waistline in- that important longer sIO & lower figure than the Federal pro- | tion vision. ‘At this point I want to direct the attention of my hearers to a pro- vision of the Federal Corrul Practices Act concerning which there is some confusion Section.118 of this act provides: (Again I quote.) “It is unlawful for any Senator, Representative, or any candidate for, or individual elected as, Senator, Representative, or commissioner, or any officer or employe of the United States, or any person receiving any salary or compensation for services from money derived from the Treasury ‘of the United States, to directly or indirectly solicit, receive, or be in any manner concerned in soliciting or receiving any assess- ment, subscription, or contribution for any political purposes whatever from any other such officer, employe, or person.” I wish to direct particu- lar attention to the fact that this provision, under penalty later pro- vided, makes it unlawful for candi- dates to Congress, or other officers or employes of the United States, or any persons recelving any salary or compensation from money derived from the Treasury of the United States, to solicit, receive, or be con- cerned in soliciting or receiving any assessment, subscription, or contri- bution for political purposes from any other officer, employe, or person. It will be noted that this provision is not contained in the so-called Hatch Act, but is quoted directly from the Pederal Corrupt Practices Act. Gifts by Banks Unlawful. Another provision of the Corrupt Practices Act which I am sure will be proper to call to the attention of my hearers is that it is unlawful for any national bank, or any corpora- tion, organized under the laws of the Congress to make a contribution in connection with any election to a political office, or for any corpora- tion whatever to make a contribu- the | at which President and vice presi- dential electors, or a Senator or & Representative, are voted for, and also it is unlawful for any candidate, political committee, or other person to or receive the contribution prohibf by this section. A viola- of this provision carries a peml‘ty both of fine and imprison- ment. Last year the Congress of the pt | United States passed a very im- portant measure, generally known as the Hatch Act. The purpose of this act was to supplemant. and in some cases to re-assert, the provisions of the Pederal Corrupt Practices Act with & view to closing some of the doors which experience has de- termined to have been left open in connection with the conduct of our elections under the provisions of that act. Two provisions of the Hatch Act, known as section 2 and section 9, I believe I am justified in quoting verbatim on this occasion. Section 2 states: It shall be unlawful for any person employed in any admin- istrative position by the United States, or by any department, independent agemcy, or other sagency of the United States (including any corporation con- trolled by the United States or any agency thereof, and any corporation all of the capital stock of which is owned by the United States or any agency thereof), to use his official au- thority for the purpose of inter- fering with or affecting the election or the nomination of any candidate for the office of President, Vice President, presi- dential elector, member of the Senate, or member of the House of Representatives, delegates, or commissioners from the terri- tories and insular possessions. Section 9 states: It shall be unlawful for any person employed in the executive branch of the Federal Govern- ment, or any agency or depart- ment thereof, to use his official authority or influence for the purpose of interfering with an Your Mother Would Love e Genuine Cameo Breech of exquisite perfection set in 14 karat yellow gold___. $20 Other Cameo Broeches._$7.50 to $35 Fine Jewriry, Fmst FLop. - \'”M:\—-—-mw ¢ ™~ %, Delicately Lovely White Linen Hend- kerchiefs with cobwebby French cot- ton lace and hand-embroidered cor- ners E W”"W" A Classic Six-button Length Gloves of doe-finished lamb—beautifully soft. White or natural Herd Candies. Set in metal stand to be used afterwards for ivy Carpy, Amsix 14, Pmst FrLoom. Gifts for Mothers Out of the City If your Mother's Day gift is to be mailed, we suggest you make your choice. that you may be certain of its arrival before Mother's 3 persons retain the right to vote as they may choose and to express their opinions on all political sub- Jects. For the purposes of this section the term ‘officer’ or ‘em- ploye’ shall not be construed to include (1) ythe President and Vice President of the United States; (2) persons whose com- pensation is paid from the ap- propriation for the office of the President; (3) heads and assis- tant heads of executive depart- ments; (4) officers who are ap- pointed by the President, by and with the advice and consent of the Senate, and who deter- mine policies to be pursued by the United States in its rela- tions with foreign powers or in the Nation-wide administration of Federal laws. New Hatch Bill Pending. At this session of the Congress, Senator Hatch introduced a further statutory proposal which sought to extend certain provisions of the orfginal Hatch Act governing Fed- eral employes to employes of the various States who were paid in whole or in part from Federal money. This bill passed the Sen- ate and is now pending in the House of Representatives. It is not yet on our books as a part of our statu- tory law. I have called attention to these statutory provisions at the risk of being tedious in this broadcast, but I deemed it very essential to re- state them for the purpose of in- formation. I want to make a few statements now with reference to the policy to be followed by the committee in the work which it has to do. We have definitely determined that we shall not in any sense of the word be a snooping committee, and we are just as insistent that we shall not be a smearing committee! 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