The New York herald., 1922-05-10
House Candidates Relieved
of Primary Accounting
Only, Official View.
NEWBERRY CASE FIGURES
Attorney Generals Opinion
Given to Senator Pomercne
and Representative Luce.
Special Dispatch TO THE NEW YORK HERALD.
New York Herald Bureau,

Special Dispatch to THE NEW York HERALD.
New York Hsrald Bureau,
Washington, =. c., May 3.
Attorney-General Daugherty has de-
}vered an opinion which is certain to
cause commotion in the Senate and
throughout the country to the effect
that candidates for the Senate in the
Congressional campaign this year need
not comply with section 8 of the Fed
eral Corrupt Practices act, requiring
the filing of statements with the Sec
retary of the Senate of their campaign
receipts and expenditures, either in
nominating primaries or in the cleo
tions next November.
A few Senators who have heard of
the opinion are amazed that there
should be any question Of the validity
OF the law with respect to the final
election of Senators. although they
concede that the Supreme Courts de-
cision in the Newberry case, which is
the basis of Mr. Daugherty's opinion.
seems to render null and void the re-
quirements regarding primary cleo
tions borh of members of the Senate
and the House.
If it is found there are good grounds
for the opinion expressed by Mr..
Daugherty. movement will be insti-
tuted at once in the Senate to amend
the law and make it alright in that
respect Otherwise nothing stands in
the way of Senatorial candidate who
is willing to spend an unlimited
amount of money for his election ex-
cept State laws, which are admitted
to be e'inadequate in many instances.
Some States have no laws at all on
the subject.
Attorney-Genernl' Opinion.
The crux OF the Attorney Generals
opinion as stated in his own language
in letter to Representative Luce
(Mass) chairman of the House COM
mittee on Elections No. l, and quoted
I'm letter to Senator Pomerene (Ohio).
ranking Democrat of the Senate Com
n,ittee on Privileges and Elections. is as
follows: n
LAS United States Senator's are not
now elected by Legislatures of the
states as contemplated In the act.
it is my opinion that this fact in
connection with the holding in the
Newberry decision makes 1t unneces-
sary for candidate for United
States Senator to file any statement
whatever In connection with his
nomination or election.
The fact that Mr.. DaugherSy has
given his view on this question In a
personal opinion does not detract from
it's great Importance. according to the
few persons who have seen II. because
chairman of House committee and a
prominent member of a Senate COM
mIttee. in response to letters asking
for his construction of the law. The
Acknowledgement first gave his opinion
several months ago, but although some
hearings were held before the House
committee on the election OF President.
Vice-President and Representatives In
Congress nothing has been done about
II.
Candidates for House.
THE NEW YORK HERALD has obtained
copies of both OF these letters. and they
are printed in full. Mr.. Daugherty holds
that candidates Cor the House are still
reaured to file with the Clerk of the
House statements of campaign contribu-
tions and disbursements in general slec-
tions because no change has been made
In the manner of their election. 1t Is
because the Corrupt Practices act was
enacted in it's present form In August
10. 1911. and refers to election OF Sem
ators by the Legislatures of the States.
and the Seventeenth Amendment to the
Constitution. ratified May 81, 1913. pro-
vldes for their election by the people OF
the States, that Mr. Daugherty considers
the law invalid with respect to the cleo
ton OF Senators.
Constitutional lawyers who have
studied the opinion OF Justice Nc
Reynolds in announcing the decision of
the Supreme Court In the Newberry case
are believed to understand why Mr..
Dalgherty holds that the law no longer
applies to nominating primary elections.
The highest court in that case re-
vcrsed The lower court, which had con-
victed Senator Truman IL. Newberry
(Mich.) of violation of the Corrupt
Practices ar. cr the charge that he
ha 4 spent more than the legal limitation
of $4,000 IN his primary campaign
against Henry Ford for the Senatorial
nominations.
The court held that the law was TN
constitutional in that respect because
Congress had mot the authority under
the Constitution TO regulate the method
of nominating Senators OF Representa-
tives but only authority over the man.
ner OF final elections.
Letter Sent to Pomerene.
The following Is letter sent By di-
rection of Attorney General Daughcrty
to Senator Pomerene (Ohio) and signed
Continued on Pnge Six.