Evening star., 1932-01-05
SMITH CAMPAIGN
CHARGE SUPPORTED
Prosecutor Says New York
1923 Report Violates Cor
rupt Practices Act.

BY the Associated Press.
NEW YORK, January 5.-Unlteo
States Attorney George z. Medalie to-
day said that the Federal corrupt prac-
tices act had been violated in the filing
of the Democratic National Commit
tees annual report for 1923, which was
signed by James w. Gerard, as
treasurer.
Prosecution, however, Medalie said is
barred by the three-year statute OF
limitations, the three-year period pres
scribed by law having ended Sunday
January 3, one day after Jacob j.
Rosenblum, assistant United States at
torney. confirmed reports that proper
returns had not been made.
other Reports Studied.
Medalie said, however, that the statute
had not run against quarterly and an
nuaI reports made since report OF jan
uary 3, 1929, which covered the expenses
of the national campaign of 1928 lie
added that RoSenblum would return to
Washington at a date not yet deter
mined to look into reports Of both
Democratic and Republican National
Committees beginning with the end OF
March, 1929 Also any other reports
which may fall under the provisions OF
the corrupt practices act. Medalie did
not criticize Gerard.
There is no doubt" said Medalie
that the penal provisions of the corrupt
practices act were violated in the filing
&c nf 1909 viola
ton of the law consisted in the failure
to enumerate the items of disbursements
in excess of $40 each by giving t1e
name. address, amount and purpose In
each instance.
The failure to file report that con-
tainS them is a violation OF The law
The filing of a report that omltS such
details is a violation Of the law
Information to the effect that the
law had been violated appeared in the
newspapers on December 81, too late
to convene the grand jury which was
then in recess and too late to subpoena
the records in Washington. According
ly. the three years which constitute the
time limit under the statue OF llml-
tionS, elapsed.
In view of the fact that the report
was prepared and probably mailed from
New York, this district would in all
likelihood have had jurisdiction as tC
the alleged offense. 1t would serve nc
purpose however, to investigate fur-
ther as to any matters relating to the
1923 reports, as prosecution Is barred
by statute.
THE report of my assistant, Jacob q
Rosenblun, based on his examination
of records Saturday, January q dis
closes the filing Of the report January
3, 1929. for 1923. AS to any. reports
filed thereafter, in 1929, beginning WIFI
March, under the provisions OF the cor
rupt practices act, there VIII De ample
opportunity to determine If there were
other violations and II so IN What olS-
trict action shall be taken.
Rosenblum's further investigation
will not cover periods as to which prose
cutions would be impossible under the
statute of limitations, Medalie said.
Gerard Makes Reply.
Commenting on Medalie's statement
Gerard said that he employed nrm
of accountants that was employed by
the Republican National Committee IN
making it's report of the campaign OF
1924 when a similar law was IN effect
and that they followed the same sys-
tenn of Jumping amounts OF the mead
quarters pay roll in his report as they
did in the Republican report Tor 1873
'It seems to be q very dangerous
thing for a Democrat to follow Re-
publican" he said.
Fortunately, I kept all of my rec
or6e Cancelled checks and everything,
sithough was authorized by law to
DESTROY them at the end of two years. 3"
Gerard recalled that during the cam
paign the amounts were furnished 10
Senate and House committees and to
the press, and nothing was said at that
time about furnishing names ana ao-
dresses. ,, ,,,
Had there been" he ADDED, i could
have corrected 1t very quickly