St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1891-02-08
A SCORCHER

To Prevent the Use of Money to
Improperly Defeat Candidates
for Office.
Mr.. Leavitt's bill to prevent and pun
lsh the use of money or other improper
means to aid or defeat the nomination
or election of any candidate for any
elective Office reads:
Section / 1t shall not be lawful for any
candidate for any elective ONCE, or LOT
nomination for such office, with intent to
promote the election or nomination OF any
such candidate either
(a). To provide or furnish entertainment
at his expense to any meeting OF electors
previous to or during the election OF winch
he shall be a candidate; or
(b). To pay for, procure, or engage to pay
for, any such entertainment; or
(c). To furnish any money Or other prop
erty to any person for the purpose OF being
expended IN procuring The attendance OF
voters at the nominating election or conyen-
ton or at the polls; or
ID. To engage TO pay any money, or de-
liver any property, or otherwise compensate
any one for procuring the attendance OF
voters at the nominating election or conven-
ton or at the polls: or
(e). To pay or engage to pay any money, or
10 deliver or engage to deliver any property
10, or otherwise 10 compensate or promise 10
ing for. or otherwise aiding, the nomination
or election of any particular candidate or
ticket or for using his influence 10 induce
any one to advocate, vote for, or aid the NOM
ination or election of any particular candl-
date or ticket, except as hereinafter expressly
provided; CT
Cf). To contribute money for any other
purpose intended to promote nomination
or an election Ct any particular person or
ticket. eXcept for detraying the expense OF
11rin inU nd
bills and other papers previous to any such
election or for the actual necessary expense
of rooms or halls for public political discus
Sions. or for the use Of any particular candl-
date or party, or for conveying sick, poor or
intirm electors TO the polls.
Sec. .. 1t shall be unlawful for the pro
prietor publisher, manager or editor OF any
newspaper journal or periodical, or for any
person, to maliciously publish of or concern
ing any candidate for nomination or elec-
ton to any elective Office any false and SIAN
derous or defamatory article or matter; or to
publish of or concerning such candidate any
false and slanderouS or defamatOry matter
or article without reasonable or probable
cause to believe the same to be true.
Sec. 3. The words elective Office in this
act shall be construed to include the office
of nited States senator
sec. 4. Every candidate for any elective
office, except the office of United States SEN
ator, shall before he shall be qualified 10
take possession of such Office, or to enter
on the performance of its duties, be required
to make and hle an affidavit stating particu-
larry and in itemiZed detail and form, all
moneys by him expended or promised, with
the view to promote his nomination or elec-
ton. or for any services rendered or prom
ised him in ala of such nomination ana elec-
ton, and the names and address OF any and
every person to whom any part OF it was
paid or promised, and the dates at which,
and the specific purpose for which. and the
understanding with which. he paid or prom
ised the same, and the amount he paid or
promised 10 each and every person. In case
of candidate for a state Office of judgeship
of the supreme or district court or for the
state senate or house of representatives such
affidavit shall be filed with the secretary of
~tste. In ease of county officers it shall lie
filed with the county auditor of the respect
I'VE counties i'll which such officer may re-
side, and in case of city officers with the city
clerk or city recorder of the respective cities
in which such city officer may reside
And if any such officer Intentionally swear
falsely to any matter required to be set out i'll
such affidavit he shall be deemed gnilty of
and be punishable for the crime of perjury,
and shall forfeit the office to which he
claims to be elected. And in case of failure
TO file such affidadayit within twenty days
after the election he shall forfeit his right to
such Office, and the same shall be filled as in
case of any other vacancy Provided, that n
failure to make and file such affidavit OH ac-
count of any physical or mental disability
shall not work such forfeiture i'll case such
officer files the same within twenty days after
the removal of such disability.
Sec. 5. Every person offending against the
provision of section one u of This act shall
be deemed guilty of a misdemeanor. punish
able by fire not exceeding $1,000 or by i'm
prisonment in the county Jail of the county
in which the crime may be committed not eX
ceeding six months, or by both such fine and
Imprisonment
Sec. &. Every person offending against the
provisions of section twot2) of this act shall
be liable to the aggriered party in civil ac-
ton for damages And in such action the
jury may, in its discretion, award the plant
if exemplary damages, ana the court shall
not have the power 10 set aside the verdict
on the ground that the damages awarded the
plaintiff are excessive.
Provided, That in such actions the defend
ant may in all cases in mitigation of dam
ages introduce any evidence tending to show
that he published such article i'll good faith,
believing it to be true
Sec. Z. No one shall be excused from testi-
flying as a witness i'll any action or pTosecu-'
ton under this act on the ground that his
evidence might tend TO eliminate himself;
but nothing that he may say or testify as a
witness i'll such action or prosecution shall
ever be given i'll evidence against him.
Sec. S. This act shall take effect and be in
force from and after its passage.