West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1906-08-02

respect
matters other than those enumerated tn
schedule forming part OF the act may
not CNcocd IN tho whole the maximum sum
or EAQ. Tho maximum expenditure In
borough. for all purposes other than
personal expenses and sums paid to tho
returning officer FOR his charges, Is limit
60 ln proportion To the number OF electors
on tho rcgisteS The maximum OF cNpond-
iture Is tSSo IN case the number OF elect
or on the register exceeds 2OOO and Tor
every complete 600 electors above 1000
an additional ESQ In "A county. the maxi
mum expenses ~ the number of electors
on tho register does not exceed 1000 is
LtNO In England and Scotland. and GbOO
IN Ireland; II the number OF electors eN.
eecds 1000 the maximum Is CUO I'm Eng
iond and Scotland and C54o In Ireland
anu an additional Geo I'm England and
scotland and $40 In Ireland for every
complete i.COO electors above 2.eOo
Clause y Of Sec. 50 prortd,s that a staicinsn,
in'st ht made Of 0ll subscriptions rsosfrcd bu us
stsotton d0cnt for any purpose, on account Of The
CONDUCT OF management of the oloction. iCtih
stdtement of TIC name of ercrp persop from
Hhon the same has been received
ms clause ENSURES the FULLEST publicity ia re-
spcct 70 anu contributions made % a Patiidmen-
td'y campaign fund
The legislation OF so many states thus
reviewed. has heretofore possrsscd local
rather than national signincancc and hns
folowed "A recognition OF evils peculiar TO
those states. Conditions prevailing I'm
presidential campaigns have now mado
the problem national
The Constitution provides that each
state shall appoint Presidential electors I'm
such manner as It's Legislature shall di-
rect. WhilC. therefore in theory A may
be contcnded that tho choice OF Prcsi-
Dental electors is State function cleo
lions at which they are chosen are held
at the same time as the Conversational
elections, have become Federal i'm chernc-
la urHNaI
regulation. The express powers of Con.
gross 20 effoct such regulations are dcriv-
cd from the fourth section OF the first ar
ticlo OF the Constitution;
The times. places, and manner OF hold
ing oil elections for Senators and Repre.
sentatiVes shall be prescribed I'm each
state by the Legislature thereof. hut the
Congress may at any time by law mako
or alter such regulations except as TO tho
place OF choosing Senator's"
While the authority OF tho stato ara
national governments n concurrent that
or the latter II paramount Congress- can
ADOPT any means. qualification or reguln-
ton which tho States have enacted in
Guiding provisions designed TO insure tho
publicity and Limitation OF cxponditurrs
In connection with Congressional elections
IL cannot be doubted that Congress- may
assume the entire control OF tho election
or representatives ana this power as de.
clared by the Supreme Court, ''necesaarIIv
involves the appointment OF tho
ofiicers for holding tho election and
every other matter relating 60 this sub.
Ject' 600 u. s. s9C) and. ns declared by
Mr.. Justice Miller. Congress can by law
protect the act OF voting. tho place where
II iS done, and tho man who Notos from
personal violence or intimidation. and Inc
e.echo" user from corruption dlO U s.
II II, moreover equally clear that Con-
grcss has complete and paramount turis
dlctlon over the choice OF Presidential
electors provided that Congressional rcp-
resentatyes are also chosen az the same
election
Referring Co tho power OF Congress To
regulate the election OF its members. the
Supreme Court said:
IF this be 30 and 70 II not doubted nre
such powers annulled because an election
FOR State officers Is held nt the same time
and placer is II any less important that
the election OF members of Congress
should be tho FREQ choice OF all the elect
OTIS because state officers are TO be elected
at the same time?'-llO u. g. Col
II has been held by the Supreme Cour,
uH u s.. 73D that IL is not necessary 20 |
prove that an act relating 10 the conduct
or an election at which a Congressman is
chosen, was committed with the specific
intent or design TO influence tho Congress
sional election" The Supreme Court fnr-
ther held that tho object to be attained
by these acts OF Congress is to guard |
against the d0n0er, and tho opportunity" |
VI toNlHlliuuE objectionable acts "as well
as against direct and intentional frauds
upon tho vote for members OF that body"
and that the power OF Congress can be in
voked whenever such election is "erposed
or snbtcCfcd 20 the opportunity
or TO tho danger" OF such acts "as may ar |
feat that election. whether they actually do I
so or not"
IL would not therefore be possible & |
evade tho operation OF "a Federal statute /
prohibiting the secret contribution or ex-
n Ton.
any election at which Congressman may |
be chosen. on the pretencc that there was !
an absence OF intent 90 influence the Con |
grcssiOnal election, or that the cOntrfbu-
uons or expenditures were directed solely |
TO secure the election Of Presidential elect |
ors or State officers.
IL is sufficient that the prohibited act !
should create a danger" or Opportunity" !
or improperly influencing tho election Az
declared by the Supreme Court in the case
last quoted:
There are many Instances when an act |
may be criminal In It's character without |
there being criminal intent .
THE case before us IS ominently one Of /
this character. Crimes against the ballot ]
have become so numerous and 80 serious !
that the attention Of all legislative bodies |
has been turned with anxious sollcitude
TO the means Of preventing them, and 20 |
the object OF securing purity in elections |
and accuracy in the returns by which |
their result IS asccrtainod. The acts Of /
Congress and of the state Of Indiana now /
under consideration are of this class |
and 90 say that the want OF an inten- |
tion on the part Of persons who are aIlcg- /
ed 90 have acted feloniOusiy In the viola /
ton Of those laws, excuses them because /
they did not intend 90 violate their pro- |
visions a. 10 on me persons voted f0r az 4
such an election. although they might have /
intended TO affect the result aa regards |
some Of them, is manlfcstly contrary "a /
common sense and IS not supported By /
any sound authority III a. 81. 755
An Indictment under tho Federal stat /
utes for Illegal voting and FOR bribery has /
been upheld. although II was not charged /
that tho ballot cast contained tho narno /
of person voted for for representative in /
Congress nor that ne briJc uos giren teffb /
ne intent 10 fnfponcs me rofsr N respecf 10 |
me Congregational election;
when Congregational and local elec- /
tiOns are held M tho same time and /
places. and mixed ballots are cast as is /
the practice IN Indiana. 80 is "a Misleading |
refinement / think. % say that there ara /
two eicctions-a national and State
held at the same time. 10 is one election. /
for tho conduct NJ which tho two qovcr. /
eighties have % common concern thouFh |
interested in several results (Er Dqrfe i
siebold. 100 US 8Iu ana Congress having /
unquestionnbly tho paramount. and whom /
10 sees nt o. assert it the exclusive power 4
20 regulate such elections must in tho i
first instance at least. determine for Uaoff |
what regulations are necessary or orpe. /
dicnt, and % is not the province of tho \
courts 60 restrict or aunul any enactment /
on the subject on the ground that 70 iH /
not within Tho powers Of Congress unless I
70 be demonstrate chat fa 70 creuf oad /
under no rirCumaf1nrra. tho offence defined /
ana coming within tho letter and spirit /
of the enactment could affect the election l
for rcprcecnf1tivoe 600 Congress . D. be i
manifest that regulations and restrictions I
which permitted inquiry whether tho of- 4
fender ln such respects Intended t1 In. .
umidate cr influence the conduct Of voi- .
In the coming political campaigr /