ative or Delegate in the Congress of the United States, or which should collect or disburse "money or its equivalent at or in connection with any general election at which candidates for said office shall be voted for."

The following are sections 1 and 2 of H. R. 19078, the Rucker bill:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all contributions, payments, loans, gifts, advances, deposits, or promises of money or its equivalent made or expended by any person, firm, association, committee, or corporation for the purpose of aiding or promoting the election or defeat of candidates for the office of Representative or Delegate in the Congress of the United States, or to be used or expended in connection with or at any election at which candidates for the office of Representative or Delegate to the Congress of the United States shall be voted for, shall be made only to a chairman, treasurer, or member of a political committee, or to an agent duly authorized in writing by such committee to receive such contributions or promises.

SEC. 2. That the term "political committee" as used in this act is hereby defined to mean any national committee of a political party, any national Congressional campaign committee, any State committee of a political party, and any district Congressional committee, which shall aid or promote the success or defeat of any candidate or candidates for the office of Representative or Delegate in the Congress of the United States or which shall receive or collect, expend, disburse, or distribute money or its equivalent at, or in connection with, any general election at which candidates for said office shall be voted for; but nothing in this act contained shall apply to any committee or association organized solely to promote the discussion or advancement of political questions or principles and not connected with any such election.

The majority of your committee were surprised at the extent to which H. R. 19078 conceded the power of the Federal Government to deal with elections. They had become convinced (as the introduction of H. R. 19078 shows the whole committee had become convinced) of the futility of H. R. 11642. The majority had thought that the minority were not only sensitive upon the subject of Federal election law, but had mistakenly supposed that the minority would not concede that the Federal Government had any jurisdiction to control contributions to State committees, and the collection and expenditure of all money to be used or expended in connection with or at any election at which candidates for the office of Representative or Delegate to the Congress of the United States shall be voted for." Clearly, this concedes the full power of the Federal Government to deal with the subject; and equally clearly it asserts the propriety of the present full exercise of those powers.

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After careful consideration of this bill the chairman of the committee was directed to prepare and introduce a bill which in its provisions should go far enough actually to compel publicity in the contribution and expenditure of money or its equivalent, affecting elections at which Representatives and Delegates to the Congress of the United States are voted for, and which should also require publicity in the contribution and expenditure of money to affect Congressional nominations. Accordingly, on May 21, the chairman introduced H. R. 19515. That bill is made applicable to committees and contributions to secure

the success or defeat of any candidate or person voted for for any office, whether national, State, or municipal, at any election at which a Representative in or Delegate to the Congress of the United States is by law to be voted for.

It is also applicable, as is above indicated, to contributions and expenditures made for the purpose of affecting Congressional nominations. The details of the bill can be as well studied from the bill itself as from any attempt at its analysis. For the information of

members, therefore, the Gaines bill (H. R. 19515), with committee amendments indicated, is printed with this report; and for the purpose of comparison the Rucker and McCall bills are also printed as part of this report.

It is believed that a careful consideration of the bill which your committee reports will lead to the same development of views upon the part of members of the House generally which has taken place in the committee. It is manifestly absurd to demand of Congress complete relief without conceding to Congress plenary power to deal with the subject-matter. To require publicity of contributions made to national committees merely might shift the contributions away from national committees to other political committees, but would neither prevent any contribution nor cause any to be made public. To extend the exercise of Federal jurisdiction to contributions made to State committees admits the futility of the first proposition without proposing a single remedy. In fact, both propositions might be called bills to increase the importance and availability of those political committees which are least responsible and to which the least publicity, as a matter of fact, attaches, so that such propositions would lessen rather than promote publicity in campaign contributions and expenditures.

The right to make or alter State regulations relative to elections for Representatives is explicit in the Constitution and has been repeatedly upheld by the Supreme Court.

The proposed bill does not attempt to prevent contributions to election expenses nor the expenditure of money in connection with elections except where publicity would be preventive, but seeks merely to give publicity both to contributions and their disbursement. The members of your committee are as well aware as others that the publication and distribution of campaign "literature," organization and holding of political meetings, and many other laudable objects require the contribution and expenditure of money in connection with elections.

In fact, the great debates which take place among the American people every two years, and particularly every four years, are undoubtedly of great educational value and necessary to keep alive that universal interest in the Government which is essential among people who govern themselves. But your committee are convinced that both the intelligence and the conscience of those in politics and those out of politics are becoming educated to the belief that only those contributions should be received by political committees and candidates and only those expenditures made which can bear the light of open day. It is submitted that with a debauched electorate our system of government is a failure, and places which should carry with them great honor and distinction would become rather badges of dishonor.

Your committee believe that the very great majority of American electors are incorruptible, and that no honest American voter should be subjected to the humiliation and annoyance of having his vote offset by a purchased one. Not only holding an elective office, but managing party affairs is an honorable distinction. Purifying our elections will make this fact universally conceded. Party organizations and persons elected to office should be free from dishonorable obligations. Every person elected to Congress should be known to be, as they almost

always are, bound by no other obligations than those created by the oath of office, and by individual honor, intellect, and conscience. It is suggested that there never was a time when it was more necessary than now, for the protection of the reputation of Members of Congress, that they should be known to be free from other obligations.

Introduced by Mr. Gaines, of West Virginia.

[H. R. 19515, Fifty-ninth Congress, first session.]

[Omit the parts in brackets and insert the part printed in italics.]

A BILL Providing for publicity in election expenditures.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the term "political committee" under the provisions of this act shall apply to any committee, association, or organization which shall aid or promote the success or defeat of any person who shall be a candidate for the office of Representative in or Delegate to the Congress of the United States at any election or who shall be voted for at such election; and to any committee, association, or organization which shall aid or promote the success or defeat of any person who shall be a candidate or shall be voted for, for the office of elector for President and VicePresident of the United States; and shall apply to any committee, organization, or association which shall aid or promote the success or defeat of any candidate or person voted for, for any office, whether national, State, or municipal, at any election at which a Representative in or Delegate to the Congress of the United States is by law to be voted for.

The term "personal committee" under the provisions of this act shall apply to any committee, association, or organization which shall aid or promote the success or defeat of any person seeking a nomination as a candidate for the office of Representative in or Delegate to the Congress of the United States.

SEC. 2. That all contributions, payments, loans, advances, deposits, or promises of money or its equivalent made or expended by any person, firm, association, or corporation for the purpose of influencing or attempting to influence the election or defeat of any candidate or person voted for for the office of Representative in or Delegate to the Congress of the United States shall be made only to a chairman, treasurer, or member of a political committee, or to an agent duly authorized in writing by such committee to receive such contributions or promises.

SEC. 3. That all contributions, payments, loans, advances, deposits, promises of money or its equivalent made or expended by any person, firm, association, or corporation for the purpose of influencing the election or defeat of any candidate for the office of elector for President and Vice-President of the United States shall be made only to a chairman, treasurer, or member of a political committee, or to an agent duly authorized in writing by such a committee to receive such contributions or promises.

SEC. 4. That all contributions, payments, loans, advances, deposits, or promises of money or its equivalent made or expended by any person, firm, association, or corporation for the purpose of influencing the election or defeat of any candidate for any office or person voted for for any office at any election at which Representatives in or Delegates to the Congress of the United States are voted for, or lawfully may be voted for, shall be made only to a chairman, treasurer, or member of a political committee, or to an agent duly authorized in writing by such a committee to receive such contributions or promises.

SEC. 5. That all contributions, payments, loans, advances, deposits, or promises of money or its equivalent made or expended by any person, firm, association, or corporation for the purpose of influencing the nomination or defeat of any person seeking a nomination as a candidate for the office of Representative in or Delegate to the Congress of the United States shall be made only to a chairman, treasurer, or member of a personal committee, or to an agent duly authorized in writing by such a committee or by the person so seeking such nomination to receive such contributions or promises.

SEC. 6. That a candidate for election to any office to be voted for at any election at which a Representative in or Delegate to the Congress of the United States is to be

elected, and any other person, including those seeking Congressional nominations, may, without making an accounting, as in this act provided, incur and pay in connection with any such election or nomination his own personal expenses for traveling and subsistence; for writing, printing, preparing, and circulating any letter, circular, or other publication whereby he may state his position or views upon public or other questions; for stationery and postage, and for telegraph, telephone, and other public service; but all such expenses shall be limited to those which are directly incurred and paid by him.

SEC. 7. That every political committee and personal committee coming within the provisions of this act shall have a treasurer and shall cause him to keep detailed accounts of all money or its equivalent received by or promised to the committee or any member thereof, or by or to any person acting under its authority or in its behalf, and of all expenditures, disbursements, and promises of payment or disbursement made by the committee or any member thereof, or by any person acting under its authority or in its behalf. No person shall act as such treasurer nor as the agent of any candidate for any office to be voted for at any election at which a Representative in or a Delegate to the Congress of the United States is by law to be voted for unless and until he shall have filed with the clerk of the United States district court for the district in which he lives a statement signed by the chairman and secretary of the committee, whose treasurer he is, or by a candidate, whose agent he is, setting out the jurisdiction of the political committee or the territorial extent and general scope of the authority, if he be the agent of a candidate. No person acting under the authority or in behalf of any such committee shall receive any money or its equivalent, or expend or disburse the same, or make any promise to expend or disburse the same until the committee shall have chosen a treasurer and he shall have complied with the provisions of this section; and no agent of a candidate or of any person seeking a Congressional nomination shall receive any money or its equivalent, or expend or disburse the same, or make any promise to expend or disburse the same, or any part thereof, until he shall have complied with the provision of this section. SEC. 8. That every payment or promise thereof required to be accounted for by the provisions of this Act shall, unless the total expense paid or promised to be paid to any one person is less than [one dollar] ten dollars, be vouched for by a receipted bill stating the particulars of expenditure or promise to pay or expend money or its equivalent; and no such voucher, receipt, or account hereby required shall be destroyed until twelve months after the election to which it relates, but every such voucher, receipt, or account shall be preserved for twelve months after the election to which it relates; and every such expenditure of money or its equivalent, or promise to pay money or its equivalent, shall, within three days after such expenditure has been made, be certified by the person so making the same to a clerk of a United States court in and for the district in which such person resides: Provided, however, That no such expenditure or promise shall be made within three days of an election: Prorided further, That every such expenditure of money or its equivalent, or promise to pay money or its equivalent, made within six days next preceding an election, shall be certified as herein provided the same day that it is made.

SEC. 9. That whoever, acting under the authority or in behalf of such political committee or personal committee as treasurer or agent thereof, whether as a member thereof or otherwise, or as the agent of any candidate, or as the agent of any person seeking a Congressional nomination, receives any contribution, payment, loan, advance, deposit, or promise shall certify the same, if the amount thereof be over fifty dollars, in writing over his own signature to the clerk of the United States court for the district wherein he resides. All certifications to a clerk of the United States court as required by this act shall be a part of the public record of such clerk's office and open to inspection in the same manner as other records at his office.

SEC. 10. That no person, firm, corporation, association, or committee shall, directly or indirectly, whether through another person or in any manner whatsoever, make a payment or promise of payment coming within the provisions of this act in any name except his or its own, nor shall any person or persons knowingly receive a payment or promise of payment in another name than that of the person or persons, firm, corporation, association, or committee by whom it is made.

SEC. 11. That any district court or circuit court of the United States, or any judge of any district or circuit court of the United States, may, by order, which such court or judge is hereby authorized to make, compel any person or committee who fails to file any statement herein required, or who files a statement which does not conform to the foregoing requirements in respect to its truth, sufficiency in detail, or otherwise, or who fails to comply with any other of the requirements or provisions of this act, to file a sufficient statement or to otherwise comply with the provisions of this act, upon the application of the Attorney-General, or of a district attorney of the

United States, or upon the petition of any candidate for the office of Representative in or Delegate to the Congress of the United States voted for at such election or any ten persons qualified to vote at such election. Such application or petition shall set forth, upon information and belief, stating the grounds thereof, or upon the personal knowledge of any such applicant or petitioner, any failure or failures, or any act or acts tending to show any failure or failures, to comply with any of the provisions of this act, which may be alleged in such application or petition, and shall be filed within ninety days after the election in respect to which the allegations of such application or petition may relate.

SEC. 12. That proceedings under this act shall be advanced upon the request of either party for speedy hearing and determination, and no proceeding had pursuant to any application or petition under this act shall be discontinued without the consent of the Attorney-General or of a district attorney within the territorial jurisdiction of the judge or court to whom the application or petition shall be made.

SEC. 13. That any district court or circuit court of the United States, or any judge of the district or circuit courts of the United States may, upon the filing of a petition, and if with any such petition there be filed with such court or judge an undertaking in the sum of one thousand dollars, with sureties satisfactory to such court or judge, conditioned to pay all costs which may be adjudged against such applicant or petitioners in such proceedings, not exceeding said sum of one thousand dollars, as to such court or judge may seem proper in the premises, such court or judge must forthwith hold a summary inquest to inquire into such violations of or failures to comply with the provisions of this Act as may be alleged in any such petition, or into any other facts and circumstances relative to any such election, and to any contributions or expenditures made in connection therewith, the inquiry into which such court or judge may deem necessary to secure compliance with the provisions of this Act and the fullest publicity in connection with such contributions and expenditures.

SEC. 14. That any court or judge holding such inquest may issue subpœnas for witnesses, who shall be allowed the same fees, whose attendance may be enforced in the same manner, and who shall be subject to the same penalties as if served with a subpœna in behalf of the United States in a criminal prosecution before such court or judge.

SEC. 15. That the Attorney-General, the district attorney, or some person designated by either, or by such court or judge, shall attend the inquest and examine the witnesses. Such court or judge shall also have power by a subpoena duces tecum to compel the production before him for examination of any books or papers of any kind or of any other thing which he may require in the conduct of such inquiry. Such court or judge shall, in addition to any power which may be conferred by any other of the provisions of this act, have power to cause any person who shall neglect or refuse to appear before him as a witness, having been duly summoned, to be brought before it or him; and any person in attendance as a witness who shall refuse to be sworn a witness, or who, being sworn, shall refuse to answer any proper question propounded to him, and any person who, having been duly summoned, shall neglect or refuse to appear before such court or judge may be adjudged guilty of contempt and may be fined not more than one thousand dollars or imprisoned not more than thirty days, or both.

SEC. 16. That no person who is called to testify in any proceeding or inquest held under the provisions of this act shall be liable to criminal prosecution under this act, or otherwise, for any matters or causes in respect to which he shall be examined or to which his testimony shall be received against him upon any criminal investigation or proceeding except in a proceeding against such witness for perjury committed in such testimony.

SEC. 17. That the court or judge holding such inquest may in the conduct thereof employ a competent stenographer to take down the examination of any witness or witnesses, and to cause the stenographic notes of such examination to be transcribed and furnished, together with his findings, if any such there be, to any proper prosecuting officer having jurisdiction of the subject-matter of such inquiry, and such court or judge shall have power to tax double the amount of such costs as may be taxed in equity against any such petitioner or petitioners if he shall find that the allegations in any such petition are materially untrue, and that such petition was brought from vexatious or malicious motives.

SEC. 18. 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 such election.

SEC. 19. That every person who shall violate any provision of this act and every officer or agent of any corporation, as ociation, or organization who shall knowingly