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

were defined. and were required TO have A
treasurer. who as well as every person
iVc'fNing or diSbursing money aggrogat-
ing more than so. was required 60 keep
detailed accounts. n statement OF which
including receipts and expenditures must
DC ulcd with the county clerk The office
OF "A successful candidate found guilty OF
violation OF tho act could be declared va
can't AZ any time during the incumbcncy
or the offending person The chief defect
IN thls law was that n contained no denni-
tlon OF legitimate or illegitmato expenses
II was especially elaborate containing
several novel features and its repeal in
lp< claws Of Ohio. p ~ may be REGARDED
as the most Important Of the fow reverses
winch the movement FOR the general adop-
tloh OF corrupt practices acts has yet suf-
iered The only State 20 pass such a law
IN lNst was Wisconsin I.aws OF 1897 Chan
S'Sl This act defined offences against the
sunrago, required reports OF expenditures
by candidates and committees and re-
lures
very important innovation. which was
adopted IN each OF the states OF Tcunos.
see. Florida and Nebraska In 1897 inde-
p'ndently OF other provisions relating to
corrupt practices, was the absolute pro-
hlntion of contributions by corporations
TO parties or candidates
In lNi uaws OF 1897. Chap. 1850 the pro-
vision Of the North Carolina Corrupt
PRACTICES Act for reporting expenses was
repealed
In 1895 no new measures concerning
elocuons, or substantial Importance, We're
passed; legislation I'm that respect being
united To minor details or the codincn-
tion OF existing measures
In lSs@ Nebraska perfected It's law OF
lSs' and was added TO the list Of states
adopting corrupt practices acts Uaws OF
ls99 Chap. 2s). but Nevada repealed Its
law In that year.
In 1903 corrupt practices laws were
passed In Vermont ana Virginia The lat
ter statute (SCc l45a Code lQlO ptohibits
the expenditure of money I'm any election
primary or nominating convention. for
purposes other than OF printing or advcr-
using IN newspapers, or I'm securing Fuita-
Ole nails for public speaking IL requires
every person who shall be candidate be-
fore any caucus or convention. or at any
primary or other election to fle n state
mont In writing, Setting forth I'm detnu
All sums OF money contributed, disburned
expended or promised by him. and 60 tho
pest OF his knowledge and belief by nnv
person or persons I'm his behalf -
showing the dates when and the perfHns
10 whom, and the purposes for which all
such sums were paid expended or prom
iscd"
IL Is further provided that I'm case OF "A
violation OF the law the election OF the
OFFENDING candidate shall be void unless
contest being made, it appears that the
contestant IL entitled 20 the office No
person shall enter upon the duties OF any
elective Office until the required abatement
shall have been filed.
The passage OF laws insuring publicity
In connection with expenditures I'm cleo
tions was strongly recommended in the
last annual message OF tho Governor OF
West Virginia
IL appears. therefore that at least nf-
teen States have adopted corrupt prac-
tiCes acts, and that iu several states con-
tributions 10y corporations 90 political
campaign funds are prohibited. The first
corrupt practices act recurring uublicfty
or candidates expenditures was passed in
1890 and I'm 1897 corporations were for the
hrst time prohibited from making cam
palgn contributions: so the development
ot the law on this subject must bee con-
sldored exceptionally rapid and satisfac-
tory. II seems probable that IN their op-
erations such laws by cnrtnilnw tho
amounts expended In cumpaigus hnvo
proved obnoxious 20 n certain type % pro-
tessional politicians Ia the few cases
where they have been repealed. interests
adversely gmrctcd by them were enabled
TO take advantage OF temporary and pure
~ local conditions In oycrruling COM
parauvely unorganized public sentiment
Al the time of the repeal OF the Ohio
tGarhcld) law. Mr. James H. Garfield its
author, said he had hoped the Leglsln ture
would amend rather than repeal A. A
Few OF its provisions were unnecessary
and could easily have been cut out Of the
Ullls an amendment favored bN Mr.. Car
field had been prepared. but II was defeat
ed Even township officers elected with
out the expenditure OF money were com
PEELED 70 make statements, these and 9TH
or slight defects IA the Law encouraged
determined effort on the part Of certain
politicians to discrcdit its operations In
Springfield. the Mayor was ousted from
ofice on account Of the operations OF It's
provisions. and a Probate Judge lost his
office. Mr. Garfield believed that 1T put
a 81 nrfNss a
money IN campaignS ' II was an excel
lent law and should have been continued
In an amended form n was plainly con-
stitutional and had been thoroughly test.
cd In every point by the Supreme Court
NJ the State.
The inception. the development. the re-
tardnR the progress and effect OF these
laws resemble closely tho circumstances
and the beneficial results attending the
ultimate triumph OF the Civil Service laws
The English Corrupt and Illegal Prac-
tico Prevention Act CiC and a Victoria. ch.
Sd has influenced the course OF legisla-
ton In this country. embodylnR IN sub
stance. first. strict limitation on the
amount which can be expended In further
ance OF the election Of "a Member OF Par
lament. second, the manner In which
such funds may be expended and. third.
publicity as TO the sources and hdisburse-
ments Of the funds 80 employed.
candidate may act as his own clec-
Nbll ubfNAff hui ilNf NllNDNt uNlNfFhhA UrIC-
tice ~ 90 appoint some one. usually a 80
licitOr. ard often q nonresident OF the
borough for which the candidate f. stand
Ing. TO assume entire charge Of the ex-
penditures
Upon the election agent ia reposed the
responsibility of the appointment Of ev-
cry polling agent. clerk and messenger
employed on behalf Of the candidate AZ an
election. and the hiring Of every commit
tee-room used In the campaign
The Act further provides:
"8.- Except as permitted by or In pur-
suance Of this act. no payment shall
be made by n candidate at an election or
by any agent on behalf Of the candidate
or bv any other person ~ any Tine. WhcfhCr
before. during or after such election in re-
spect Of any expenses incurred on ao-
count or or IN respect of the conduct or
management of such election otherwise
than by or through the election agent
and an money provided by any person
other than the candidate for any expenses
Incurred on account Of or I'm respect of
the conduct or management Of tho cleo
ton. whether in kilt loan, advance or
deposit shall be paid 90 the candidate or
his election agent and not otherwise"
Every payment made by an election
agent. or sub-agent. must. except where
Ices than forty shIllinFs. bo v0uched for
boy a BIN stating the particulars and by
receipt
Contributions FOR charitable purposes
subsequent to tho public announcement of
the candidate intention to stand for n
borough is also discouraged by the op-
cratiou Of the act
The act limits the personal expenses Of
candidates Co Goo ~ which statement
must DC made 90 the agent It prohibits
any payment for the hiring ~ horses. car-
riagcs or for railway fares. or 90 an elect
or for the use Of any house land building
or premises for tho exhibition Of any adj
dress. bin or notice or on account Of COM
mittcc-rOomG in excess Of a stipulated
number
The act limits tho number OF persons
who may te legally employed by candi-
date us deputy election agents. polling
Clerks ncsstngers. clerks. etc. In pro-
Secretary TaiTs idea seems TO
be, that the Southern Republicans