Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-05-08
Congress and the Electors.

Congress and the Electors.
bishop James Cannon, IT,, and MS
aide In the anti-Smith Democratic cam
paiRn Of 1928, Miss Ada L. Burroughs
in their contention that the Nye sena-
torial committee has no authority 70
inquire into the conduct Of that cam
paiRn have raised q question OF great
interest. They in effect challenge the
riRht OF Congress to seek In any way
TO regulate the election or appointment
of presidential and vice presidential
electors. These electors, Bishop Cannon
and his aide assert, are State ofneers'
not Federal, and under the Constitution
Congress has nothing to do with them
In support of this contention. an opm-
ION Of the United States Supreme Court
in the case Of Fitzgerald lerSus G:een'
delivered by Associate Jus ce Gray, was
cited. Mr.. Justice Gray held that pres
idential and vice presidential electors
are officers Of the States, not Federal
onacers, just as are members OF the
state LEGISLATURE, and that Congress
had not attempted by law to regulate
their appointment in any way.
IN this connection the Nye commit
tee. which has been holding hearings
on corrupt practices legislation, submit
ted to the witnesses, prominent edu-
Gators and authorities on political
science. the following question:
HAS Congress the power to legislate
With reference TO the election Of the
President and Vice President Of the
United States?"
Apparently the Senate committee
itself il not clear in mind rs to the
authority possessed BY Congress, under
the Constitution, TO go into that realm
Of legislation. The Constitution pro-
yides: zach State shall appoint, in
such manner as the Legislature thereof
may direct, number Of electors, equal
10 the whole number Of Senators and
Representatives to which the State may
be entitled In Congress; but no Senator
or Representative. or person holding an
once Of trust or profit under the United
States, shall be appointed an elector.
The Congress may determine the time
Of chusing the electors, and the day on
which they shall give their votes: which
day shall be the same throughout the
United states"
In view Of these constitutional pro-
visions. witnesses appearing before the
Nye committee have declared that they
hare grave doubts Of authority Of Con-
gress to legislate with regard to the zap
pointment'' or election, as 1t has be-
come, Of presidential electors. However,
Prot. Merriam, who holds the chair Of
political science at the University Of
Chicago, has expressed the view that
the matter Is worth considering by Con-
gress IN dealing with amendments to or
revision Of the Federal corrupt practices
oct, and that the door Is not necessarily
1nAIly closed TO such legislation.
Already, however. Congress has writ
Ten into law provisions calling upon the
national organisations Of political
parties %, ME seaeementS OF eApenoA
lures Ia national campaigns. Likewise.
committees Of Congress have IN the
past investigated the expenditures and
conduct Of such campaigns by the ma
taonal committees. Furthermore. It was
pointed out TO- Miss Burroughs when
she appeared before the lSye committee
yesterday that the anti-smith Demo-
cratic organization Of which she was
treasurer, had nled such reports In con-
3ormity with the Law, during and ct
the end Of the 1919 campaign. II the
Congress has authority and power TO
compel such reports has It not also the
power to inquire into the conduct OF
campaigns for presidential and vice
presidential electors through its CON-
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