The San Francisco call., 1906-11-14
E. A. Hayes Is Undisturbed by
Turner'S Fear of Perjury.
Congressman of Fifth Says A19idauf of Purity
Committee Is Unnecessary.

Congressman z. A Hayes of San Jose,
reelected representative from the Fifth
District, declines TO permit the law of
California or the reputed scruples of
G. W. Turner against the commission
of perjury to In any way obscure his
pleasing contemplation of himself, safe
" ensconced in a seat in the Sixtieth
Congress-
The legislative amendment to the Po-
litical Code. adopted in 1903, provides
that the purity committees in Congress
siohal districts shall file with the
Secretary of State afidavits showing
the campaign expenses incurred by the
candidates G. w. Turner, a member Of
the committee for the Fifth District
ground that he had in no way been con-
suited about Hayes expenditures or
informed about them He contended
that his affirmation under such cir
cumstances would be perjury, making
him liable 10 Imprisonment for term
OF not more than seven years, and that
he would not commit perjury for all
Hayes money nor even at the behest
Of President Roosevelt 1t was be-
Iieved that Turner's failure to comply
with the provisions OF the code might
embarrass Hayes, and while no penalty
is provided, possibly result in the with
holding of the certificate of election.
HAYES HAS NO FEAR.
Hayes shares none OF these fears. He
Is willing TO admit the existence of the
California Code and its purity commit
tee afidavits provisions. On the sub
iect of Turner's scruples he declines to
commit himself. But without reserva-
tion admitting the one and for the sake
of the argument not denying the other,
Hayes refuses to permit either to in
terfere with his plans. In fine he
holds that the code cannot affect the
fact that he was elected and that
despite Turner's unwillingness to go to
Jail. Hayes wants to go to Congress.
and is going, Quite regardless of code
or Turner.
Congressman Hayes said yesterday
his first and only information touch
ing the matter of Turner's refusal TO
join in the campaign expense affidavit
was CLEANED from The Call He also
intimated that neither his bank book
nor the big stick viii be employed TO
overcome Turner's unwillingness to
swear 70 the accuracy of accounts, Of
which he claims he is entirely ignorant
The Congressman declined to take the
matter seriously. He and his friends
claim Turner's refusal 10 sign the re-
quired affidavit is a play for notoriety
melted and aggravated by Fifth Dis
trict politicians, who hold Hayes re-
SpOnsible for the Illustration OF some
Of their cherished political plans.
SURE OF ENTERING FOLD.
THE fling of the affidavit" said
Hayes, is a matter for the members Of
the committee 20 settle among them
selves. II will be quite easy for me
to file the statement of my personal eX-
penditures. and I shall do so. I have
no direct interest in this matter which
has its origin in a desire. for notoriety
and the hopes of a disgruntled faction
TO make trouble. Turner was put on
the committee at the instance Of some
one with a grudge."
Continuing, Hayes said that the in
cident would in no way embarrass him
and that he would not pay any at
tention TO it. With or without the GER
tihcate OF election he would at the
proper time be sworn in as a member
OF the Sixtieth Congress and expects
20 DE received without question. In
fact. so confident is he of that that he
believes the matter will not even be
referred 70 one of the House commit
tees on elections.
In the absence of any provision to
the contrary the certificate of election
may be expected to issue. but the in
cident. If il serves no other purpose,
will call attention to an apparent de-
+ feet in the code and may result in
amendment