Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-07-07
Reverse Decision
Against Dry
League at ALBANY

ASSt{0 w CIV &A40GNAAJ
Albany, July Systematically the
Anti-Saloon League won a victory
before the court of appeals. the high
est court in the state, today. when
the decision Of the lower courts,
] which required the league to file a
| statement of campaign expenditure
| in New York was reversed.
But the opinion, which was written
by Chief Jusice, Frank H. Hiscock.
emphasized that the league was in
no way relieved from supervision or
! regulation in regard to campaign ex-
penditures, and that evidence In the
lower courts sustained the finding
that the league has expended money
| to influence elections.
The opinion was not unanimous, as
| Judge Chester b. Mclaughlin dis
scented from the first Of the two reaS-
| ons for reversing the lower courts,
| which had ordered the league to file
| its statement Of campaign expendi-
lures with the secretary of state I'M
| der Section ZAP Of the election law.
The first reason was that the pro-
ceeding was not originally brought
against the New York Anti-Saloon
| League and that. therefore, "the
court had no right. on appeal. %
! substitute that corporation as de-
PENDANT without its being heard"
The second reason for reversal CT
ted by Judge Hiscock is that the
New York Anti Saloon League; be-
ing an incorporated body, cannot be
regarded as a political committee, or
IA combination of three or more per-
sons within the meaning of the
election law.
Judge Hiscock points out that it
is thoroughly established that cor
poration is a complete organization
of itself which does not preserve the
identity of the individuals who unit
ed in forming 1t, and that, therefore,
in a legal sense, 1t cannot be said to
be q committee of three or more
persons"
TT is emphasized that this decis-
ion. does not at all break down the
laws concerning political expendi-
ture, or Nrelieve the league from SUI
pervision or regulation IN respect to
such expenditures" the opinion rules.
1T is also pointed out that there is
statue making 1t misdemeanor
for a corporation to make political
contribution for election purposes,
and which character the league ie-
MED it possessed. and also that there
are sections Of the election law, other
than those under which this pro-
ceeding was brought, which would
require a corporation which was per-
mitted to make political expenditures
to file a statement thereof.
1--WE think that the evidence taken
in the proceeding easily would have
%l,o i,doo hafOra xyhn01 the
same was heard to find that the New
York Anti-Saloon League did de-
clare and expend money for the pur-
pose of influencing said election"
the opinion says, but three different
and contradictory theories have been
advanced for sustaining this pro-
ceeding before reaching the. conclu-
sion that said league could be re-
ouired as a political committee. to
comply with the requirements OF the
statutory provisions which have been
mentioned.
"The proceeding was originally In
stituted on a petition which alleged
that several individuals, who were
named. had organized themselves as
a political committee under the name
of the Anti-Salooa League Of New
York which was claimed to be a
voluntary and unincorporated associ-
alton or combination. The appellate
division held that there was no un-
incorporated association having the
name of the Anti Saloon League Of
New York. and that the activities
portrayed by the evidence were really
carried on by the New York Anti
Saloon League. which was incorpor-
ated.
I'm reaching this conclusion II sub
stituted as q party In the order the
incorporated New York Anti-Saloon
League in the place Of the alleged
unincorporated body known as the
Anti-Saloon League Of New York.
and then affirmed az against said
order requiring the treasurer to be
appointed and statement to be
filed. Thus was reached the order
now before US and which we do not
think can be affirmed"
The appellate division, third de.
partment, sitting at Albany. held
that the activities of the AMI Saloon
League Of New York were political
within the meaning OF the election
law, and that its treasurer must file
a financial statement with the sec
rotary of state covering the leagues
receipts and expenditures for 1922.
Tn decision was handed down Nov.
Is, 1922, The appellate division af-
frmed the decision Of Supreme
Court Justice Ellis J. Staley by
unanimous action.
The action against the Anti Saloon
League, as an organization INDUCING
In political activities In the primary
end energal election in the fall Of
1922, was instituted by Col Ransom
H. Gillett In the name Of Walter z. |
vannier. and testimony was taken
before Justice Staley.
Col Gillet introduced much Of the |
literature Of the league, showing the |
approval OF some and disapproval Of |
other candidates. Among the /
leagues publications offered in evi- |
dence was copy of the so-caIIed |
-Al~Smith's record used In sup