Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-05-03
Corrupt Practices.

The Nye SenaCoflal Campaign nVeStl-
eating Committee is to open hearings
tomorrow on proposed revision and
STRENGTHENING Of the Federal corrupt
practices act. For years the Senate
has investigated alleged excessive ex-
penditures Of money and corruption in
campaigns. It has probably brought
about the defeat of senatorial candidates
through its revelations and thrown the
fear of excessive expenditures into
others. It certainly prevented the seat
ing Of two Senators-elect, Frank L..
Smith of Illinois and William S. Ware
of Pennsylvania, who won election at
the polls in their States in 1928. But
despite all this inquiry work and not
outstanding millions Of words published
in the newspapers and in the records
Of Congress regarding the prostitution
Of the electorate, no remedy has been
brought forward and pressed to a sue
cessfll conclusion in Congress. The Nye
Committee is to be congratulated be-
cause It is to give serious attention to
the subject of preventing corrupt
practices, whether they be the OK
cessive use of money in campaigns, the
promise Of office or more direct cor
ruption.
The Job Of the Senatorial Investigating
Committee Is to draft, If possible, q bill
which will strengthen the arm Of the
Government in dealing with corrupt
practices IN elections, and at the same
time stand the scrutiny and test Of the
courts. Senator committees, including
the Nye Committee, have discovered
that much Of the trouble lies in the
primary campaigns, the campaigns In
which the party nominees are selected
for the Senate races. The question is
raised whether the Federal Government
has the right really to enact laws re-
lating to primary elections in the States
It has been denied that the Federal
Government has such authority. But
not, apparently. conclusively. The Nye
Committee viii undertake to frame a
law which viii give the Government
authority. to lay down rules and regu-
1ations governing the primary.
m many Of the States Of the Union
the Democratic. or Republican primary
is La effect the election, This is true
In Southern States, where the Demo-
cratic Is predominant. It Is true in
Vermont, in Pennsylvania and in some
Of the Western States, for example,
where the Republicans control abso-
lutely. It seems particularly futile,
therefore, to say to the Federal Gov
eminent: You may make rules and
regulations regarding the conduct Of
the general elections, but you may not
touch the primary election where it
concerns q Senator of the United States
or a member Of the House Of Repre-
sentatiyes. The Constitution provides
that each house (of CongresS) shall
be the judge Of the elections, returns
and qualifications of its own members"
The Constitution provides also that
the times, places and manner Of hold
ing elections for Senators and Repre-
sentatives shall be prescribed in each
State by the Legislature thereof; but
the Congress may at any time by law
make or alter such regulations" New
ertheless, opponents Of Federal regula-
ton Of primary elections insist that
this language Of the Constitution gives
Congress no authority by law to regu-
late party primaries for designating
candidates for the Senate.
The case of Truman H. Newberry,
former Senator from Michigan, whose
election was challenged because Of
alleged excessive expenditures in the
primary and general election, was car
ried to the Supreme Court of the
United States. The decision of the
court In that case has been held to
prevent legislation by Congress to regu-
late the party primary. But there are
those who deny the correctness Of such
an Interpretation OF the courts action.
In that case four of the justices dis
scented from the opinion Of the court
and one justice withheld his final de-
cision of the question whether Congress
could enact laws TO regulate primary
elections for senatorial nomination. This
justice, however, concurred with the
findings Of the court that the case had
not been properly brought. There seems,
under the circumstances, to be room for
the Nye committee TO inquire vigorously
into the matter of regulating primary
elections as we'll as general elections by
Congressional act.