Evening star., 1932-02-12

Continued From First Page.)
lenge the conStitutionality Of those pro-
visions OF the corrupt practices act
which relate to presidential and vice
presidential electors, also the sufhciency
of the Indictment as a pleading Among
the latter objections 1t is contended
that no offense has been stated because
of the failure to allege as a fact that
the Jameson contributions were re-
ported and accounted for to Burroughs,
treasurer, or that she had knowledge
thereof. 1t is insisted that such an al
legation is necessary because the true
meaning and intention Of section 244 of
the act requires the treasurer of po-
litical committee to report only such
contributions as are received directly
by him and those received by others
which have been duly reported and ac-
counted for to him, and further, at all
events the indictment should show that
the treasurer had knowledge OF indirect
contributions before being chargeable
with a failure to include them in the
statements which he must file under
the law.
Objections Are Sustained.
"In my opinion, these objections are
well taken. A consideration of section
PA, in the light of all other related
provisions of the act, leads fairly to the
conclusion that the legislative intention
is to require the treasurer OF political
committee to report only contributions
received by him and those duly re-
ported to or accounted for to him. Ger
tainly 1t was not intended to hold one
criminally responsible for failure to re-
port a contribution of which he had no
knowledge. This is proposition ad-
vanced by the Government to which I
cannot assent. 1t calls for an unrea-
sonable and harsh construction which
is neither warranted by the nature Of
the act, its language nor its intent.
Given such a meaning, treasurer who
has filed a statement honestly and cor
rectly, revealing every contribution
known to him, would nevertheless be
liable to prosecution because Of an in
evitable omission Of contribution,
made for the committee to another, of
which he had no knowledge. No such
MUST purpose can be attributed to
this legislation.
Nor am 1 to accept the alternative
contention that those counts which
charge a willful failureb y Burroughs to
report contributions made for the COM
mittee impute to her knowledge of con-
tributions received by another. The
term 'willfur as used in these counts, is
merely an adoption of the word en-
ployed in Section 252 to differentiate in
the penalties between a purposed and
intentional violation Of the act and one
occurring thoughtlessly or accidentally
through inadvertence or mistake The
reasoning and authorities in support OF
| these theories are, I think, based upon
| fundamental misconceptions.
In my judgment, for the reasons
mentioneda II countsi mt he indictment
as drawn fail to allege facts essential to
constitute any criminal offense The de-
murrer must. therefore. be sustained as
to each count. An order will be entered
accordingly.
LAS this action disposes Of the in
dictment 1t becomes unnecessary to pass
| upon the constitutional question pre-
sented by the demurrer; nor would it.
on reason and authority, be proper to
! do so.
Unavoidable conditions have pre-
cluded me from writing an opinion fully
presenting my views in support OF the
foregoing conclusions. I have thought
| 1t better TO dispose Of the matter now
unon this memorandum, which may
later be supplemented by . more COM
plete statement"