Evening star., 1921-05-08

the federal government. under the
Constitution as it stands. has no au-
thority to mix up in primary elec-
tions in the states for members OF
the Senate and House. the proponents
of federal regulation are planning to
put through an amendment to the
Constitution.
They insist that corruption and
excessive expenditures in primary
elections for members of Congress-
and for nominations for and cleo
1ions of Fresident-can be dealt with
Test by uniform federal law. They
ncint out that in many of the states
primary laws do not exist and that
in some instances they are not taken
seriously. even whei they do exist.
Back of the movement for fed
eral law dealing with primary cleo
tions is the demand that excessive
expenditures be halted. This appiles
to the candidates for the presiden-
tial nomination particularly. And
any amendment to the Constitution
that may be presented undoubtedly
will cover the presidential prefer
ential primaries, and the election OF
presidential electors in the states.
Committee's Conclusion.
The decision of the Supreme Court
In the case Of Truman Newberry, SEN
ator from Michigan, deciding that
the federal law covering the primary
elections for members of the Senate
was not constitutional. made IT
clear that a federal law designed to
control expenditures in presidential
preferential primaries would be
equally unconstitutional. The Ken
yon campaign expenditures investi-
cation committee, which toiled for
weeks and months last summer. and
amassed a tremendous amount of in
formation regarding the expenditures
for the various candidates for the
presidential nomination. and regard
ing campaign expenditures generally.
recognized the constitutional OBJ
stacles to the enactment of federal
Law dealing with this subject.
We recognize there are constitu-
tional dificuIties involved in the
passage of laws to regulate expendi-
lures in presidential campaigns said
the committee in its report to the
senate. filed last February. but are
of the opinion that the committee on
privileges and elections Of the Sem
ate in the next Congress tthe pres
ent Congress) should take up the
question of remedial legislation and,
if a constitutional nendment should
be necessary. that the proper steps
be taken to submit the same. as pro-
vided by the Constitution The sub
,ect is Of such importance that the
next Congress should give early at
tention thereto"
Vast ExpeBdItuFes . Menace.
The committee expressed the opin-
ion that the expenditure Of vast sums
is a present and growing menace to
the nation And the figures given by
the committee. showing the contribu-
tions and expenditures during the
last campaign would indicate that the
committee was justified in its recon-
Dendations. For instance. the known
campaign expenditures of the two
great parties. republican and demo-
cratic. aggregated &1o,33S. .509.s.. The
republicans expended $s,100.739.21.
and the democrats $2,237,770.71. The
aSgregate expenditures OF the two
pArties were far larger than ever be-
fore in the history Of the country.
The high cost OF campaigning and
everything that went into the cam
paiKn. was given as the reason for
much OF the increase.
In the preconvention campaigns for
nom nation for President. there was
. great outpouring of money also
The Kenyon committee found that
approximately $4,000, 900 had been ex-
pended OF this sl.113,303 was spent
in the interests of Mai. Gen. Leonard
wood. Former Gov. Lowden of 1lli-
pois came next on the list, with
S418,gs4. President Hardings sup
porters expended sI13.l09 in this pre-
convention campaign. and those of
former Gov. James Nj. Cox, who be
came the democratic standardbearcr.
$4,000.
Power Given CODgress.
The power OF Soh5 e"S ~ "'"' " 49,
the elections for senators and repre-
sentatiyes. such as il Is. is found IN
section 4, article |. of the Constitu-
ZION. which provides. The tmes'
places and manner of holding elec-
,,ons for senators and representa-
tixes .bau be prescribed in each state
bv the legislature thereof. but inc
Congress may at any tune oS Id"
make or alter such regulations eA'
cent as 10 the places Of choosing sen
a,ors."
The Supreme Court. in its opinion
in the Newberry case. held that there
is no support for the contention Una
because the Offices OF senator and rep
resentatlve were created by the con
stitution Congress has some ihdeh
mite. underlined power over elections
for senator's and representatives not
derived from section I. And IN inc
opinion Of the court the fathers. when
they adopted the Constitution. dic
not have primary elections in mind
primaries were then unknown" the
court said.
The corrupt practices acts by which
Congress has sought TO regulate the
manner of holding elections and &c
punish corruption, particularly the
excessive expenditure of money, have
been enacted from time to time, be.
ginning with the act Of January IS
1907, which makes it unlawful fol
national banks and other corporations
p, make money contributions in con.
neCtion with any election TO any 20.