Mr. IRWIN. Based upon that there is no question in my mind but what that is the case.

Senator KEATING. Well, that is the only, about the only, statement you have made today with which I find myself in complete agreement. I think that is permitted under the Constitution, and the only question I have in my mind is whether we ought not to remedy that so that such an incident as yours can never again occur in the history of our country.

Mr. IRWIN. We would be making a grave mistake, Senator.

I would like to quote, as I recall, ex-President Harry Truman in a few words that he addressed in Mr. Edward R. Murrow's show about the 4th of January, that what the people of this country overlook is the fact that we are a republic. We have a republican form of government and we are not a democracy, and may we never reach that point when it comes to choosing a President.

Senator KEATING. I am afraid you agree with Mr. Truman more than I do although that statement, I have no objection to. But Mr. Truman, he has not testified, has he?

Senator KEFAUVER. No, he wanted to, but was unable to come. He will send a statement, however.

Senator KEATING. My understanding of former President Truman's position is that there is a moral obligation on the part of anyone elected by the people on the basis that he is going to vote for a certain candidate, to vote for that candidate.

Mr. IRWIN. I would refer the committee, the Senator, to Mr. Edward R. Murrow's show, "The Beat Majority, CBS Presents," presented one Thursday, the first week in January, that is the source of my recollection of his statement, and I believe I am correct in my recollection.

Senator KEATING. In this move which you made, was it entirely personal or did you have the backing of some organization?

Mr. IRWIN. It was personal to the extent that I am personally involved in the future of our republican form of government and our country, and I don't like to see the direction in which we have been going for the last 30 years.

I believe that is shared by quite a large number of other individuals who are down on the streets; they are not in our legislatures, perhaps. Senator KEATING. Well, the two that you were backing are both in our Legislature.

Mr. IRWIN. The two that I am, but the opinion was what I had reference to.

Senator KEATING. Did any others act in concert with you in this

Mr. IRWIN. To my knowledge, no one acted in concert with me except those who have expressed their-I would make no exceptions. In the criminal use of the word "concert" no one acted in concert with me.

Senator KEATING. I was not charging you with the commission of a crime. On the contrary, I was agreeing with you that within the four walls of the Constitution you were permitted to do, in my judgment, just exactly what you did do.

The Constitution does not cover moral obligations. My question was whether any organization or organizations acted with you or backed you in the move which you made.

Mr. IRWIN. To my knowledge, the only persons in that interpretation of "concert" acted with me were these replies to these wires and telegrams which I presented to the committee. That was contingent on certain other actions that did not develop.

If you are trying to have me say did the Communist Party or the Socialist Party or the Republican Party pay any of my expenses, why, they did not.

Senator KEATING. No, I am not trying to make you say anything. I am just trying to get the facts.

Mr. IRWIN. No, sir.

Senator KEATING. And no other private organizations paid any part of your expenses?

Mr. IRWIN. As far as paying any of my expenses, I paid, I spent less than $1,000. With the millions and millions of dollars available to labor and some of these other organizations to do what I tried to do, with the possibilities of every individual vote being counted, the implications are tremendous, with those funds available, to do what I tried to do.

Senator KEATING. I think that is all, Mr. Chairman.

Senator KEFAUVER. Mr. Kirby.

Mr. KIRBY. Mr. Irwin, by way of further background on you, I believe you are originally from the State of Georgia?

Mr. IRWIN. I was born and raised in the State of Georgia.

Mr. KIRBY. Where you were an honor student at the Georgia Military Academy?

Mr. IRWIN. I was first captain, I was everything they had to

offer.

Mr. KIRBY. And you graduated from West Point in the class of 1941, you stated?

Mr. IRWIN. Yes, I was a cadet lieutenant, a cadet officer, participated in sports. I acquitted myself quite well, if I may say so. Mr. KIRBY. I believe you were separated with the rank of lieutenant colonel?

Mr. IRWIN. I separated with the rank of lieutenant colonel, and I probably reached each grade ahead of any of my classmates. Mr. KIRBY. When did you move to Oklahoma?

Mr. IRWIN. On separation from the Army.

Mr. KIRBY. 1947?

Mr. IRWIN. About, yes. If you have the date, yes.

Mr. KIRBY. Prior to 1960, what had been the nature of your participation in Republican Party politics?

Mr. IRWIN. Prior to 1960?

Mr. KIRBY. Did you make a race for the State senate once, for instance?

Mr. IRWIN. Yes, I made a race for the State senate once.

Mr. KIRBY. Was that in the Republican primary?

Mr. IRWIN. Well, now, wait, pardon me, I progressed a great deal further than that. Yes, I am quite sure. I haven't gone back in my memory for those facts for some time.

Senator KEATING. Don't tell me you ran in a Democratic primary? Mr. IRWIN. I beg your pardon, sir?

Senator KEATING. You didn't run a Democratic primary?
Mr. IRWIN. I made no such suggestion.

Senator KEATING. You said you progressed beyond the Republican Party, and I wondered where you had been.

Mr. IRWIN. Yes, sir; no, sir.

Senator KEATING. You ran in a general election?

Mr. IRWIN. I don't know whether I was opposed in the primary or not. Do you know whether I was opposed? I think I ran, I am sure I ran, in the general election, and I am sure I came within 3,000 votes of carrying a two-county State district.

Mr. KIRBY. You were the Republican nominee?

Mr. IRWIN. I was the Republican nominee.

Mr. KIRBY. That was about 1956?

Mr. IRWIN. If you know, I don't know.

Senator KEATING. Was that in Georgia or Oklahoma?
Mr. KIRBY. Oklahoma.

Senator KEATING. Who did you run against down there?

Mr. IRWIN. They called him the Old Guard Democrat; also we have a situation over there we refer to those people as yellow dog Democrats. They would vote for a yellow dog on the Democratic ticket, and that is, I am sure, I fear is the case, other than in Oklahoma. I ran against an Old Guard Democrat who had been in office, I think, 27 years, and I came within 3,000 votes of defeating him. Mr. KIRBY. I believe Bartlesville is largely Republican, but the district you are in is largely Democratic, is it not?

Mr. IRWIN. I think that might well be true.

Mr. KIRBY. You are represented by a Democratic Congressman, for instance?

Mr. IRWIN. The Oklahoma Constitution says we shall be reapportioned every 10 years. We have not been reapportioned since statehood. We are gerrymandered into a district to reduce and eliminate Republican opposition.

Mr. KIRBY. To answer my question, your Congressman is Mr. Edmondson, I believe, a Democrat?

Mr. IRWIN. Yes. That congressional district goes from the Texas border up the east side of the State and across the west, the north, part of the State to include

Mr. KIRBY. The State senate seat that you ran for, is that normally held by a Democrat or a Republican?

Mr. IRWIN. This Old Guard Republican had held the office for 27 years, about.

Senator KEATING. Old Guard Republican, you said?

Mr. IRWIN. Begging your pardon, sir, Old Guard Democrat.
Senator KEATING. You consider yourself an Old Guard Republican?
Mr. IRWIN. I am afraid I must place myself in that category, sir.
Mr. KIRBY. You had never been a presidential elector before?
Mr. IRWIN. I had not.

Mr. KIRBY. You stated that in order to become an elector the first thing you did was to file your notification and declaration with the secretary of the State board of elections!

Mr. IRWIN. I think those are referred to as filing papers.

Mr. KIRBY. Filing papers.

Mr. IRWIN. Yes.

Mr. KIRBY. Did that include a document called "Notification and Declaration"?

Mr. IRWIN. It might well have been, I do not know.

Mr. KIRBY. Well, the document in which you stated your occupation as "Slave labor for the Federal Government," do you recall that document?

Mr. IRWIN. I recall that entry in a document which I was required to file if I wished to run for presidential elector.

Mr. KIRBY. Do you also recall the statement in that document:

I believe in the principles of said Republican Party and intend to support its principles and policies and vote for its nominees at the coming general election. Mr. IRWIN. Would you repeat that, please? Mr. KIRBY (reading):

I believe in the principles of said Republican Party and intend to support its principles and policies and vote for its nominees at the coming general election. Mr. IRWIN. I think I could have very well said the same thing on the Democratic ticket. There was absolutely no difference. Mr. KIRBY. Mr. Irwin, just answer my questions, please. Mr. IRWIN. What is that question?

Mr. KIRBY. Was that statement contained in the paper you filed? Mr. IRWIN. Perhaps it was, I don't know; perhaps it was. If you know I will accept it.

Mr. KIRBY. Well, I am reading from the Oklahoma election laws, title 26, section 162, and this is the official form which must be filed. Mr. IRWIN. Yes; if that be the wording and, no doubt, there is no question now, but what it is, that same statement is contained when the judge files for his office, the courthouse clerk files for his office.

Mr. KIRBY. We will get into the discussion on that later. I think you will now state for the record that you did file a paper which contained that statement?

Mr. IRWIN. As near as I can understand your reading, I will accept such a statement.

Mr. KIRBY. Mr. Chairman, I would like to place in the record at this point this section of the Oklahoma election law.

Senator KEFAUVER. Very well, let it be made a part of the record. (The following is sec. 162, title 26, Oklahoma Statutes 1951, reprinted from Primary and General Election Laws of the State of Oklahoma, compiled by Leo Winters, secretary, State election board, 1959:)

Notification and declaration of candidacy-Accompanying affidavit-Petitions of : nonpartisan candidates.

Any qualified elector, as defined in the Constitution and laws of the State of Oklahoma, who is a member of a political party, and who is now and has been affiliated with such legally recognized party at whose hands he seeks the nomination, shall have his name printed on the official ballot of his party for an office to which he is eligible in any primary election, upon filing with the proper officer, within the time provided by law, a Notification and Declaration of candidacy. Said Notification and Declaration shall be in the following form, and shall be filled in as to all the requirements therein contained, and the declarations therein shall be subscribed and sworn to by the person making the same, before any officer qualified to administer an oath.

Said Notification and Declaration shall be in the following form: For the purpose of having my name placed on the official primary election ballot as a candidate for nomination by the

(Name of party)

precinct, City of

that I believe in the principles of said

Party, and

intend to support its principles and policies, and vote for its nominees at the coming general election, and that I have affiliated with such party and that I supported its nominees at the last statewide general election, or was prevented from doing so by reason of

candidate of said

(Name of party)

-; that, if nominated as a Party at the said ensuing election,

I will accept such nomination; that I am not affiliated directly or indirectly with the Communist Party, the Third Communist International, or with any foreign political agency, party, organization or government, nor do I advocate revolution, teach or justify a program of sabotage, force and violation, sedition or treason, against the government of the United States or of this State, nor do I advocate directly or indirectly, teach or justify by any means whatsoever, the overthrow of the government of the United States or of this State, or change in the form of government thereof by force or any unlawful means; that I will not knowingly violate any election law or any law defining or relating to corrupt and fraudulent practice in campaigns or elections in this State, and, if finally elected, I will qualify for said office.

You are also notified that I have appointed and authorized_.

to expend money in defraying the expenses of my campaign. (If no one has been appointed or authorized, leave blank.)

I have not and will not authorize any person to expend money or other things of value in the interest of my candidacy, but I will, in person, account for all the money or other things of value expended in the interest of my candidacy, as required by law.

(Signature of officer)
(Title of officer)

The said candidate shall at the time of filing his Notification and Declaration file therewith an affidavit of two reputable electors, members of the same party to which the applicant belongs, which affidavit shall be in the following form, and filled out so as to meet all the requirements indicated therein:

State of Oklahoma,

We,

County

SS.

and

do solemnly swear

(Name of party)

(or affirm) that we are qualified electors and members of the___ Party, and have affiliated with said party, and supported its nominees at the last Township

statewide general election; that we are residents and legal voters of the

of

County of ---

--)

City

State of Oklahoma; that we are personally acquainted with_ who files the hereto attached Notification and Declaration, and we know him to be a discreet citizen, and member of the Party, and that, to the best of our knowledge and belief, he has affiliated with and supported said party, as defined in the primary election