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a full, correct, and ftemized statement of all moneys and things of value received by him or by anyone for him with his knowledge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part; and such statement shall contain a true and itemized account of all moneys and things of value given, contributed, expended, used, or promised by such candidate, or by his agent, representative, or other person for and in his behalf with his knowledge and consent, together with the names of all those to whom any such gifts, contributions, payments, or promises were made, for the purpose of procuring his nomination or elec.ion.

Every person who shall be a candidate for nomination at any primary election or nominating convention, or for indorsement at any general or special election, or election by the legislature of any State, as Senator in the Congress of the United States, shall, not less than ten nor more than fifteen days before the day for holding such primary election or nominating convention, and not less than ten nor more than fifteen days before the day of the general or special election at which he is seeking indorsement, and not less than five nor more than ten days before the day upon which the first vote is to be taken in the two houses of the legislature before which he is a candidate for election as Senator, file with the Secretary of the Senate at Washington, District of Columbia, a full, correct, and itemized statement of all moneys and things of value received by him or by anyone for him with his knowledge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part; and such statement shall contain a true and itemized account of all moneys and things of value given, contributed, expended, used, or promised by such candidate, or by his agent, representative, or other person for and in his behalf with his knowledge and consent, together with the names of all those to whom any and all such gifts, contributions, payments, or promises were made for the purpose of procuring his nomination or election.

Every such candidate for nomina.ion at any primary election or nominating convention, or for Indorsement or election at any general or special election, or for election by the legislature of any State, shall, within fifteen days after such primary election or nominating convention, and within thirty days after any such general or special election, and within thirty days after the day upon which the legislature shall have elected a Senator, file with the Clerk of the House of Representatives or with the Secretary of the Senate, as the case may be, a full, correct, and itemized statement of all moneys and things of value received by him or by anyone for him with his knowledge and consent, from any source, in aid or support of his candidacy, together with the names of all those who have furnished the same in whole or in part; and such statement shall contain a true and itemized account of all moneys and things of value given, contributed, expended, used, or promised by such candidate, or by his agent, representative, or other person for and in his behalf with his knowledge and consent, up to, on, and after the day of such primary election, nominating convention, general, ог special election, or election by the legislature, together with the names of all those to whom any and all such gifts, contributions, payments, or promises were made, for the purpose of procuring his nomination, indorsement, or election. Every such candidate shall include therein a statement of every promise or pledge made by him, or by any one for him with his knowledge and consent or to whom he has given authority to make any such promise or pledge, before the completion of any such primary election or nominating convention or general or special election or election by the legislature, relative to the appointment or recommendation for appointment of any person to any position of trust, honor, or profit, either in the county, State, or Nation, or in any political subdivision thereof, or in any private or corporate employment, for the purpose of procuring the support of such person or of any person in his candidacy, and if any such promise or pledge shall have been made the name or names, the address or addresses, and the occupation or occupations, of the person or persons to whom such promise or pledge shall have been made, shall be stated, together with a description of the position relating to which such promise or pledge has been made. In the event that no such promise or pledge has been made by such candidate, that fact shall be distinctly stated.

No candidate for Representative in Congress or for Senator of the United States shall promise any office or position to any person, or to use his influence or to give his support to any person for any office or position for the purpose of procuring the support of such person, or of any person, in his candidacy; nor shall any candidate for Senator of the United States give, contribute. expend, use, or promise any money or thing of value to assist in procuring the nomination or election of any particular candidate for the legislature of the State in which he resides, but such candidate may, within the limitations and restrictions and subject to the requirements of this act, contribute to political committees having charge of the disbursement of campaign funds. No candidate for Representative in Congress or for Senator of the United States shall give, contribute, expend, use, or promise, or cause to be given, contributed, expended, used, or promised, in procuring his nomination and election, any sum, in the aggregate, in excess of the amount which he may lawfully give, contribute, expend, or promise under the laws of the State in which he resides: Provided, that no candidate for Representative in Congress shall give, contribute, expend, use, or promise any sum in the aggregate, exceeding five thousand dollars in any campaign for his nomination and election; and no candidate for Senator of the United States shall give. contribute, expend, use, or promise any sum in the aggregate, exceeding ten thousand dollars in any campaign for his nomination and election: Provided further That money expended by any such candidate to meet and discharge any assessment, fee, or charge made or levied upon candidates by the laws of the State in which he resides, or for his necessary personal expenses, incurred for himself alone, for travel and subsistence, stationery and postage, writing or printing (other than in newspapers), and distributing letters, circulars, and posters, and for telegraph and telephone service, shall not be regarded as an expenditure within the meaning of this section. and shall not be considered any part of the sum herein fixed as the limit of expense and need not be shown in the statements herein required to be fiied.

The statements herein required to be made and filed before the general election, or the election by the legislature at which such candidate seeks election, need not contain items of which publicity is given in a previous statement, but the statement required to be made and filed after said general election or election by the legislature shall, in addition to an itemized statement of all expenses not theretofore given publicity, contain a summary of all preceding statements. Any person, not then a candidate for Senator of the United States, who shall have given. contributed, expended, used, or promised any money or thing of value to aid or assist in the nomination or election of any particular member of the legislature of the State in which he resides, shall, if he thereafter becomes a candidate for such office, or if he shall thereafter be elected to such office without becoming a candidate therefor, comply with all of the provisions of this section relating to candidates for such office, so far as the same may be applicable: and the statement herein required to be made, verified, and filed after such election shall contain s full, true, and itemized account of each and every gift, contribution, expenditure, and promise whenever made, in any wise relating to the nomination or election of members of the legislature of said State, or in any wise connected with or pertaining to his nomination and election of which publicity is not given in a previous statement. (Sec. 8, Act of Congress, Aug. 19, 1911.)

Every statement herein required shall be verified by the oath or affirmation of the candidate. taken before an officer authorized to administer oaths; and the depositing of any such statement in a regular post office, directed to the Clerk of the House of Representatives, or to the Secretary of the Senate, as the case may be, duly stamped and registered, within the time quired herein, shall be deemed a sufficient filing of any such statement under any of the sions of this Act. (Sec. 8, Act of Congress, Aug. 19, 1911; as amended, Aug. 23, 1919

Plaintiffs in error-Truman H. Newberry, Paul H. King and fifteen others-Were found guilty (in error to the District Court of the United States for the Western District of Michigan), of conspiring (Criminal Code, Sec. 37) to violate Section 8, Act of Congress, approved June 25, 1910 (c. 392, 36 Stat. 822-824) as amended by Act of August 19, 1911, (c. 33, 37 Stat. 25-29)-The Federal Corrupt Practices Act.

We cannot conclude that authority to control party primaries or conventions for designating candidates was bestowed on Congress by the grant of power to regulate the manner of holding elections. The fair intendment of the words does not extend so far; the framers of the Constitution did not ascribe to them any such meaning. Nor is this control necessary in order to effectuate the power expressly granted. On the other hand, its exercise would interfere with purely domestic affairs of the State and infringe upon liberties reserved to the people.

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It should not be forgotten that, exercising inherent police power, the State may suppress whatever evils may be incident to primary or convention. As "Each House shall be the judge of the elections, qualifications and returns of its own members, and as Congress may by law regulate the times, places and manner of holding elections, the National Government is not without power to protect itself against corruption, fraud or other malign influences.

The judgement of the court below must be reserved and the cause remanded for further proceedings in conformity with this opinion. No. 559, U. S. Supreme Court, October Term, 1920.

After notice of contest had been filed, the Supreme Court, in the case of Truman H. Newberry et al. v. The United States, gave an opinion, May 2, 1921, bearing upon the corrupt practices act. As to the effect thereof, the Attorney General has advised your committee as follows:

It is my opinion that the Newberry decision should be construed as invalidating all of the provisions of the act referred to, relating to nominations for the office of Senator or Representative in Congress, whether by primaries, nominating conventions, or by indorsement at general or special elections. I am also of the opinion that as to statements of receipts and disbursements to be filed by candidates for the office of Representative in Congress under section 8 of the act, the only provision now in force and effect is the one which requires such statements to be filed in connection with the election of such candidates. Contested-Election Case of Rainey v. Shaw, House of Representatives, 67th Congress, 2nd Session, Report No. 498.

on

The Law Committee of the National Republican Congressional Committee,
March 21, 1922, in answer to the following question which had been submitted,
viz:
"Under existing Federal law, is a candidate for Representative in Congress
at a primary election required to file sworn statements of his primary campaign ex-
penditures with the Clerk of the House of Representatives?", made reply as fol-
lows:*********

As the Seventeenth Amendment applies to the Senate, so Article 1, Section 2, of the Constitution applies to the House of Representatives. Article 1, Section 2, was a part of the Constitution prior to the enactment of the Corrupt Practices Act in question. *****

Therefore, we conclude, and wisdom and prudence dictate, that a candidate for Representative in Congress at a primary election should file sworn statements of his campaign expenditures with the Clerk of the House of Representatives as required by the Act of June 25, 1910, as amended by the Act of August 19, 1911.

Act Not to be Construed to Annul State Laws.

9. This act shall not be construed to annul or vitiate the laws of any State, not directly in conflict herewith, relating to the nomination or election of candidates for the offices herein named, or to exempt any such candidate from complying with such State laws. (Sec. 8, Act of Congress, Aug. 19, 1911.)

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Postage, Telegraph, Telephone, Traveling and Personal Expenses Spent by Individuals Private Funds in Connection with the Election of Representatives in Congress May be Incurred Without Violating Act.

10. That any person may in connection with such election incur and pay from his own private funds for the purpose of influencing or controlling, in two or more States, the results of an election at which Representatives to the Congress of the United States are elected, all necessary personal expenses for his traveling, for stationery, and postage, and for telegraph and telephone service without being subject to the provisions of this Act. (Sec. 8, Act of Congress, June 25, 1910; renumbered Sec. 9 and amended by Act of Congress, Aug. 10, 1911.)

Legal Expenses in Connection with Contested Elections for Representatives in Congress Unlimited.

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11. That nothing contained in this Act shall limit or affect the right of any person to spend money for proper legal expenses in maintaining or contesting the results of any election. (Sec. 9, Act of Congress, June 25, 1910; Section re-numbered, Sec. 10 by Act of Congress, Aug. 19. 1911.)

Penalty for Violating Provisions of Act.

12. That every person wilfully violating any of the foregoing provisions of this act shall, upon conviction, be fined not more than one thousand dollars or imprisoned not more than one year, or both. (Sec. 10, Act of Congress, June 25, 1910; Sec. renumbered Sec. 11, by Act of Congress, Aug. 19, 1911.)

Penalty for Soliciting, Promising, Offering or Giving any Money, or Thing of Value for Voting or Withholding of Vote For or Against any Candidate for United States Senator or Representative, at a Primary, General or Special Election.

13. That whoever shall promise, offer, or give, or cause to be promised, offered, or given, any money or other thing of value, or shall make or tender any contract, undertaking, obligation. gratuity, or security for the payment of money or for the delivery or conveyance of anything of value to any person, either to vote or withhold his vote or to vote for or against any candidate. or whoever solicits, accepts, or receives any money or other thing of value in consideration of his vote for or against any candidate for Senator or Representative or Delegate in Congress at any primary or general or special election, shall be fined not more than $1,000, or imprisoned not more than one year, or both. (Sect. 1, Act of Congress, Oct. 16, 1918.)

NATIONAL PARTY OFFICERS, CANDIDATES AND
PLATFORMS-1920.

THE REPUBLICAN.

THE NATIONAL COMMITTEE

Chairman-*John T. Adams, Dubuque, Iowa.
Vice-Chairman-Ralph E. Williams, Portland, Oregon.

Assistant Vice-Chairman-Mrs. Leonard Woods, Pittsburgh, Pennsylvania.
Secretary-George B. Lockwood, Muncie, Indiana.

Assistant Secretary-Mrs. Christine Bradley South, Frankfort, Kentucky.
Treasurer-Fred W. Upham, Chiengo, Hino's

Eastern Treasurer-James G. Blaine, Jr., New York, New York.
Sergeant-at-Arms-Edward B. Thayer; Indianapolis, Indiana.
Headquarters-Munsey Building, Washington, District of Columbia.
National Committeeman from Pennsylvania-George
1730 Pine Street, Philadelphia.

THE NATIONAL CONVENTION

Wharton Pepper

convened at Chicago, Illinois, Tuesday, June 8, 1920, and adjourned Saturday, June 12th. Henry Cabot Lodge, of Nahant, Massachusetts, was made temporary and, subsequently, permanent chairman. Nominated for President: Warren G. Harding, of Marion, Ohio; for Vice-President: Calvin Coolidge, of Boston, Massachusetts. Adopted on June 10th the following

PLATFORM:

The Republican party, assembled in representative national convention, reaffirms its unyielding devotion to the Constitution of the United States, and to the guarantees of civil, political and religious liberty therein contained. It will resist all attempts to overthrow the foundations of the government or to weaken the force of its controlling principles and ideals, whether these attempts be made in the form of international policy or domestic agitation.

For seven years the national government has been controlled by the Democratic party. During that period a war of unparalleled magnitude has shaken the foundations of civilization, decimated the population of Europe, and left in its train economic misery and suffering second only to the war itself.

The outstanding features of the Democratic administration have been complete unpreparedness for war and complete unpreparedness for peace.

UNPREPAREDNESS FOR WAR.

chief indictment against

Inexcusable failure to make timely preparation is the the Democratic administration in the conduct of the war. Had not our associates protected us, both on land and sea, during the first twelve months of our participation, and furnished us to the very day of the Armistice with munitions, planes and artillery, this failure would have been punished with disaster. It directly resulted in unnecessary losses to our gallant troops, in the imperilment of victory itself, and in an enormous waste of public funds literally poured into the breach created by gross neglect. Today it is reflected in our huge tax burden and in the high cost of living.

UNPREPAREDNESS FOR PEACE.

Peace found the administration as unprepared for peace as war found it unprepared for war. The vital needs of the country demanded the early and systematic return to a peace-time basis.

This called for vision, leadership and intelligent planning. All three have been lacking. While the country has been left to shift for itself, the Government has continued on a war-time basis. The administration has not demobilized the army of place holders. It continued a method of financing which was indefensible during the period of reconstruction. It has used legislation passed to meet the emergency of war to continue its arbitrary and inquisitorial control over the life of the people

1922.

*Vice Will H. Hays, who resigned June 8, 1921.

+Appointed March 1, 1922, to fill vacancy caused by death of Clarence B. Miller, January 10, Elected June 10, 1922, to fill vacancy caused by death of Rojes Penrose, December 31, 1921.

in time of peace, and to carry confusion into industrial life. Under the despot's plea of necessity or superior wisdom, executive usurpation of legislative and judicial unctions still undermes our institutions. Eighteen months after the Armistice, with its war-time powers unabridged, its war-time departments undischarged, its war-time army of place holders still mobilized, the administration continues to flounder helplessly.

The demonstrated incapacity of the Democratic party has destroyed public confidence, weakened the authority of the government, and produced a feeling of distrust and hesitation so universal as to increase enormously the difficulties of readjustment and to delay the return to normal conditions.

Never has our nation been confronted with graver problems. The people are entitled to know in definite terms how the parties purpose solving these problems. To that end, the Republican party declares its policies and program to be as follows:

CONSTITUTIONAL GOVERNMENT.

We undertake to end executive autocracy and to restore to the people their constitutional government.

The policies herein declared will be carried out by the federal and state govern ments, each acting within its constitutional powers.

FOREIGN RELATIONS.

The foreign policy of the Administration has been founded upon no principle and directed by no definite conception of our nation's rights and obligations. It has b en Lumiliating to America and irritating to other nations, with the result that after a period of unexampled sacrifice, our motives are suspected, our moral influence impaired, and our Government stands discredited and friendless among the nations of the world.

We favor a liberal and generous foreign policy founded upon definite moral and political principles, characterized by a clear understanding of and a firm adherence to our own rights, and unfailing respect for the rights of others. We should afford full and adequate protection to the life, liberty, property and all international rights of every American citizen, and should require a proper respect for the American flag; but we should be equally careful to manifest a just regard for the rights of other nations. A scrupulous observance of our international engagements when lawfully assumed is essential to our own honor and self-respect, and the respect of other nations. Subject to a due regard for our international obligations, we should leave our country free to develop its civilization along lines most conducive to the happiness and welfare of its people, and to cast its influence on the side of justice and right should occasion require.

(a) Mexico.

The ineffective policy of the present Administration in Mexican matters has been largely responsible for the continued loss of American lives in that country and upon our border; for the enormous loss of American and foreign property; for the lowering of American standards of morality and social relations with Mexicans. and for the bringing of American ideals of justice, national honor and political int grity into contempt and ridicule in Mexico and throughout the world.

The policy of wordy, futile written protests against the acts of Mexican officials, explained the following day by the President himself as being meaningless and not intended to be considered seriously, or enforced, has but added in degree to that contempt, and has earned for us the sneers and jeers of Mexican bandits, and added insult upon insult against our national honor and dignity.

We should not recognize any Mexican government, unless it be a respons ble government willing and able to give sufficient guarantees that the lives and property of American citizens are respected and protected; that wrongs will be promptly corrected and just compensation will be made for injury sustained. The Republican party pledges itself to a consistent, firm and effective policy towards Mexico that shall enforce respect for the American flag and that shall protect the rights of American citizens lawfully in Mexico to security of life and enjoyment of property, in accordance with established principles of international law and our treaty rights. The Republican party is a sincere friend of the Mexican people. In its i sistence upon the maintenance of order for the protection of American citizens within its borders a great service will be rendered the Mexican people themselves; for a continuation of present conditions means disaster to their interests and patriotic aspirations.

(b) Mandato for Armenia.

We condemn President Wilson for asking Congress to empower him to accept a mandate for Armenia. We commend the Republican Senate for refusing the President's request to empower him to accept the mandate for Armenia. The acceptance of such mandate would throw the United States into the very maelstrom of Euro ean quarrels. According to the estimate of the Harbor Commission. organized by authority of President Wilson, we would be called upon to send 59,000

American boys to police Armenia and to expend $276,000,000 in the first year and $756,000,000 in five years. This estimate is made upon the basis that we would. have only roving bands to fight; but in case of serious trouble with the Turks or with Russia, a force exceeding 200,000 would be necessary.

No more striking illustration can be found of President Wilson's disregard of the lives of American boys or of American interests.

We deeply sympathize with the people of Armenia and stand ready to help them in all proper ways, but the Republican party will oppose now and hereafter the acceptance of a mandate for any country in Europe or Asia.

(c) League of Nations.

The Republican party stands for agreement among the nations to preserve the peace of the world. We believe that such an international association must be based upon international justice, and must provide methods which shall maintain the rule of public right by the development of law and the decision of impartial courts, and which shall secure instant and general international conference whenever peace shall be threatened by political action, so that the nations pledged to do and insist upon what is just and fair may exercise their influence and power for the prevention of war.

We believe that all this can be done without the compromise of national independence, without depriving the people of the United States in advance of the right to determine for themselves what is just and fair when the occasion arises, and without involving them as participants and not as peace-makers in a multitude of quarrels, the merits of which they are unable to judge.

The covenant signed by the President at Paris failed signally to accomplish this great purpose, and contains stipulations, not only intolerable for an independent people, but certain to produce the injustice, hostility, and controversy among nations which it proposed to prevent.

That covenant repudiated, to a degree wholly unnecessary and unjustifiable, the time-honored policies in favor of peace declared by Washington, Jefferson, and Monroe, and pursued by all American administrations for more than a century, and it ignored the universal sentiment of America for generations past in favor of international law and arbitration, and it rested the hope of the future upon mere expediency and negotiation.

The unfortunate insistence of the President upon having his own way, without any change and without any regard to the opinions of a majority of the Senate, which shares with him in the treaty-making power, and the President's demand that the Treaty should be ratified without any modification, created a situation in which Senators were required to vote upon their consciences and their oaths according to their judgment against the Treaty as it was presented, or submit to the commands of a dictator in a matter where the authority and the responsibility under the Constitution were theirs, and not his.

The Senators performed their duty faithfully. We approve their conduct and honor their courage and fidelity. And we pledge the coming Republican adminis tration to such agreements with the other nations of the world as shall meet the full duty of America to civilization and humanity, in accordance with American ideals, and without surrendering the right of the American people to exercise its judgment and its power in favor of justice and peace.

CONGRESS AND RECONSTRUCTION.

Despite the unconstitutional and dictatorial course of the President and the partisan obstruction of the Democratic Congressional minority, the Republican majority has enacted a program of constructive legislation which in great part. however, has been nullified by the vindictive vetoes of the President.

The Republican Congress has met the problems presented by the Administration's unpreparedness for peace. It has repealed the greater part of the vexat ons war legislation. It has enacted a Transportation Act making possible the rehabilitation of the railroad systems of the country, the operation of which under the present Democratic Administration, has been wasteful, extravagant and inefficient in the highest degree. The Transportation Act made provision for the peaceful settlement of wage disputes, partially nullified, however, by the President's delay in appointing the Wage Board created by the act. This delay precipitated the outlaw railroad strike.

We stopped the flood of public treasure, recklessly poured into the lap of an inept Shipping Board, and laid the foundations for the creation of a great merchant marine; we took from the incompetent Democratic Administration the administration of the telegraph and telephone lines of the country and returned them to private ownership: we reduced the cost of postage and increased the pay of the postal employes-the poorest paid of all public servants; we provided pensions for superannuated and retired civil servants; and for an increase in pay of soldiers and sailors. We reorganized the army on a peace footing, and provided for the maintenance of a powerful and efficient navy.

The Republican Congress established by law a permanent Woman's Bureau in the Department of Labor; we submitted to the country the constitutional amend

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