The Hawaiian gazette., 1910-07-22
DOES PUBLICITY
ACT APPLY HERE?
The Campaign Committees May
Have to Publish Their List
Of Contributions.

The question Of whether OF not the
new law enacted by congress a short
time before the national lawmakers ad-
iourned, providing for the publicity Of
contributions made for the purpose of
influencing elections at which repre-
sentatives in congress are elected is
applicable in Hawaii, is one upon
which there seems locally to be a diff
ference of opinion.
Attorney General Lindsay expressed
the opinion Monday that, inasmuch as
the act states within itself that it is
to apply to political committees or or
carnations which shall Hin two or
more Statesn influence the result or at.
tempt to influence the result of an cleo
ton in which representatives in con-
gress are to be elected, and the word
Territories" is not used, the Terri
tory Of Hawaii does not come within
the meaning of the act. Judge Lindsay
, says, however, that it may be that the
term "Statesn is to be more broadly
interpreted, so as to include Territories.
United States District Attorney
Breckons is decidedly of the opinion
that the law does apply here. He says
it has several times been ruled by the
courts that Estates as used in the act
includes Territories as well. A ruling
to this effect was made in the case of
John Wynne, the murderer.
In the case of the United States
versus Haleakala Ranch Company, de-
cided by Judge Dole October 20, 1908,
the court held conclusively that dele
gate to congress is to be considered as
representative in congress within the
meaning of law.
Governor Frear yesterday was not in
clined to express any opinion without
more careful perusal of the act than
he had had time to make.
Text Of the Act.
The act in full is as follows:
PUBLIC--NO. 274.
II. r. $3.50.
An Act Providing for publicity of
contributions made for the purpose Of
influencing elections at which Repre-
sentatives in Congress are elected.
Be it enacted by the Senate and
House of Representatives of the Unit
ed States of America in Congress as
sembled. That the term tpolitical com
mittee" under the provisions of this
Act shall include the national commit.
tees of all political parties and the ma.
tiOnal congressional campaign commit
tees Of all political parties and all com
mittees, associations, or organizations
which shall in two or more States in
huence the result or attempt to influ.
ence the result of an election at which
Representatives in Congress are to be
elected.
Sec. 9. That every political commit.
tee as defined in this Act shall have a
chairman and treasurer. 1t shall be
S1,f, Of he IN Ia
tailed and exact account of all money
or its equivalent received by or
promised to such committee or any
member thereof, or by or to any person
acting under its authority or in its
behalf, and the name of every person,
firm, association, or committee from
whom received, and of all expenditures,
disbursements, and promises of payment
or disbursement made by the commit
tee or any member thereof, or by any
person acting under its authority or
in its behalf, and to whom paid, dis
tributed, or disbursed. No officer or
member of such committee, or other
person acting under its authority or in
its behalf, shall receive any money or
its equivalent, or expend or promise to
expend any money ON behalf of such
committee, until after chairman and
treasurer of such committee shall have
been chosen.
Sec. 8. That every payment or dis
bursement made by political com.
mittee exceeding ten dollars in amount
be evidenced by receipted bill stating
the particulars of expense, and every
such record, voucher, receipt, or ac-
count shall be preserved for fifteen
months after the election to which it
relates.
Sec. 4. That whoever, acting under
the authority or in behalf of such
political committee, whether as a men,
Der thereof or otherwise, receives any
contribution, payment, loan, gift, ad.
vance, deposit, or promise of money or
its equivalent shall, on demand, and in
any event within five days after the
receipt of such contribution, payment,
loan, gift, advance, deposit, or promise,
render to the treasurer of such political
committee a detailed account of the
same, together with the name and ad-
dress from whom received, and said
treasurer shall forthwith enter the same
in a ledger or record to be kept by
him for that purpose.
Sec. 5. That the treasurer of every
such political committee shall, within
thirty days after the election at which
Representatives in Congress were
chosen in two or more States, file with
Clerk Of the House of Represent
atives at Washington, District Of
Columbia, an itemized, detailed state,
ment, sworn to by said treasurer and
conforming to the requirements of the
following section of this Act. The
statement so filed with the Clerk of
the House of Representatives shall be
preserved by him for fifteen months,
and shall be part of the public rec
ords of his Office, and shall be open to
public inspection.
Sec. 6. That the statements required
by the preceding section of this Act
shall state:
First. The name and address of each
person, firm, association, or committee
who or which has contributed, promised,
loaned, or advanced to such political
committee, or any officer, member, or
agent thereof, either in one or more
items money or its equivalent Of the
aggregate amount or value of one hun.
dred dollars or more.