Evening star., 1922-05-14
BY G. GOULD LINCOLN.

election Of one-third of the
members of the Senate 1t ap-
pears that 1.-The sky's the
limit in campaign expenditures-so
far as the federal law is concerned. The
laws Of some Of the states, 1t Is true,
hx the amount Of money which may be
expended by candidates for the Sem
ate. But in some Of the states, as in
Ohio for example. the state law merely
provides for the publication of expendi-
lures. without fixing any limit to the
amount which may be expended by the
candidate and his supporters.
This situation has developed at a
time when the country has been aroused
over the large expenditures in the Michi-
gan senatorial contest four years ago.
In fact, the situation has resulted from
the decision of the United States Su-
preme Court in the case of Senator
Truman H. Newberry Of Michigan,
coupled with a recent informal opinion
by Attorney General Daugherty.
Election of Senators
Outside the Law.
The Supreme Court, in deciding the
Newberry case, held that Congress has
no authority to regulate primary elec-
tions for nominations for the Senate
Therefore, the federal law relating to
campaign expenditures for the primary
elections of senatorial candidates Is held
to be imperative. And now the Attorney
General has expressed the opinion that
the federal law relating to the campaign
expenditures in the actual election of
senators does not apply. He contends
that the federal corrupt practices act
dealing with the amount that candidates
for the Senate may spend in their cam
ment to the Constitution. providing for
filing statements of expenditures with
the secretary of the Senate antedated
the adoption of the seventeenth amend
ment to tn Constitution, providing for
the election Of senators by the people
instead of by the state legislatures. and
therefore does not properly apply to
elections of senators by the people.
Senators are inclined to agree with
the Attorney General that this is the
case. They say. also that If this is the
opinion Of the Attorney General. who
directs the prosecution Of cases violat-
ing the federal statutes. 1t Is clear
that there would be no serious effort
to prosecute any senatorial candi-
dates who failed to comply with the
existing statute.
Creates . Situation
Worrying Candidates.
It may be well to mention here that
the federal corrupt practices act in
its existing form was enacted August
10, 1911. and refers to election of
senators by Legislatures, and the
seventeenth amendment to the Consti-
tuition was ratified May 13. 1913.
Senators, particularly those who are
coming up for reelection, are asking
themselves what's going to happen in
this tangled state of affairs. Many of
them probably would file returns with
tho secretary of the Senate, showing
their campaign expenditures as pro-
law is enacted. But there is a gen.
eral feeling that something should be
done SO as to make 1t obligatory for
all the candidates to file such returns
and to limit their expenditures. Then
all tho candidates would be on the
same footing. and would not and could
not use their own discretion in this
matter.
Rules Of the Senate
May Bs Amended.
I Senator Pomerene Of Ohio. demo-
crat. himself a candidate for re-eleo-
tion, ranking minority member Of the
Senate privileges and elections COM
nnittse. which deals with matters re-
iating TO tho eligibility Of senator's to
their seats, 10 taking an active inter-
Sst in the matter. He proposes to get
1t the difficulty in two ways. First.
hs has a Senate resolution-upon
which only action by the Senate is
necessary to mako 1t. .binding-which