Evening star., 1938-10-08
COMMITTEE BAN
PUT0N|ND|V|DUAL
CANDIDATES AID.
Senate Investigating Group
Denies Workers. Right to
Voluntary Gifts.
REPLY TO MORGENTHAU
CITES CRIMINAL CODE
Ruling Holds That Donations to
Parties or for Entire Ticket
Is Legal.
BY j. A. OLEARY.

Government employees may make
voluntary contributions to the gen.
eral campaign Of political party,
but not to the individual campaign
of a Senator or Representative direct
ly or indirectly, either in the primary
or general election, in the opinion
OF the Senate Campaign Investigating
Committee.
The committee late yesterday
authorized Chairman Sheppard to
outline its conclusions in a letter
to Secretary of the Treasury Nor
genthau, who had submitted to the
committee three questions on the
subject.
Mr. Morgenthau's three questions,
submitted a month ago, were:
rs it your view that the Treasury
regulations, copies of which have been
sent to you, permit acts which are
repugnant to the letter or spirit OF
the law?
DO you contend that it is vio-
lation of the law for Federal en-
ploye to make a voluntary con-
button to the campaign fund or to
the general funds of political party?
rs it your position that 1t is
violation of the law for such an
employe to make a voluntary con-
tribution to a fund which is to be
used for the purpose of advocating
particular candidate for Federal Office
in a primary campaign?"
Committee Replies.
The committee replied as follows:
In answer to your first question,
the committee is Of the opinion that
the Treasury regulations are not re-
pugnant to the letter or spirit OF the
law, but that they do not cover the
subject. These regulations do not call
attention to section 211 Criminal
Code, section 12f), which specifically
forbids every officer, clerk or other
person in the service of the United
States, directly or indirectly. to give
or hand over to any other omcer,
clerk or person in the service OF
the United States, or to any Senator
or member of, or Delegate to Con-
gress, or resident commissioner any
money or other valuable thing for
political purpose. 1t is the opinion
of the committee that this section
specifically prohibits any employe OF
the United States from making any
contribution, directly or indirectly, to
any Senator, or member OF. or Dele
gate to Congress or resident commits
sioner, for any political purpose.
I'm answer to the, second question,
1t is the opinion of the committee that
it is not a violation of the law for a
Federal employe to make voluntary
contribution to political party. The
prohibition of section 211, to which
allusion has just been made, relates
to voluntary contributions to individ-
ual members of the Senate or House
of Representatives, and, in the opinion
of the committee, this prohibition in
cludes contributions to any special
committees organized for the purpose
of promoting the campaign Of Sena-
tor or Representative.
In answer to the third question,
1t is the opinion of the committee that
no Federal employe may legally con-
tribute, voluntarily or otherwise,
directly or indirectly, to the campaign
of any Senator. or member of, or
Delegate to Congress, or resident
commissioner, whether in the primary
or in the general election"
Permits Aid to Whole Ticket.
Under this Interpretation, it was
explained at committee headquarters,
an employe could contribute volun-
tarily to the Democratic National
Committee, or the Republican National
Committee, or to State committee
working for an entire ticket in the
election, but not to member of the
House or Senate or to special COM
mittee working for member Of Con-
gress.
The committees view was confined
to the letter to Mr.. Morgenthau. Later
Senator Sheppard expressed his per-
sonal view that existing law on the
subject should be revised and clarified.
In bringing to close two days Of
executive deliberation, the committee
also announced it will resume imme-
diately its investigation of charges of
political activity in the w. P. A. and
other agencies in Kentucky.
Answers Hopkins.
After considering the letter of Works
Progress Administrator Harry L. Hop
kins, in which he took issue with most
of the committees original complaints,
the committee issued the following
statement:
"The committee does not agree with
the conclusions expressed by Mr.. Hop
kins in his letter. 1t sees no reason
to change its findings as stated in
the chairman's letter of September 8
to Mr.. Hopkins. The committee is of
the opinion that the facts already
presented by the examiners represent
ing the committee indicate such
fragrant violations of regulations and
Of law respecting the political activi-
ties in Kentucky of w. P. A. officials
and employees, as we'll as of other gov
ernmental agencies, and that the find
ings of w. P. A. and of the commit
tees Investigators are so divergent
that further investigation should be
made before its final conclusions and
recommendations. Investigation will
be Immediately resumed"
Again touching on the Maryland
primary, the committee stated:
with respect to the charges con-
tanned in letter of September 16
from John w. Downing, Salisbury,
Md, to the effect that Preston w.