Evening star., 1939-07-27


Senator Hatch, its author, has given
the Department of Justice his
views. The bill is sweeping regu-
lation of the activities of Govern
ment employees in relation to elec-
tions and political affairs. Has the
Congress the right to adopt such
legislation?
Sometime ago the Supreme Court
of the United States held that the
Congress cannot pass laws govern
ing State primary elections, but this
is a far different thing from con-
gressional regulation of the be-
havior Of governmental employees.
The true situation from a consti-
tutional viewpoint is whether the
Federal Government, as an en-
ployer, may specify the conditions
under which it will hire or fire its
personnel. If the Congress wishes to
specify that all Federal employees
shall not write for the public press,
it can do so. If 1t wishes to say that
Federal employees shall not in any
way make public information OBJ
tanned in Government offices. it
may do so. If the Congress wishes
to prevent improper use of govern
mental influence" it may do so.
There are plenty of statutes which
surround Federal employees in the
conduct of their relations with the
outside world.
Other Questions Involved.
Were it to be held, on the other
hand, that Congress has no right to
pass laws prohibiting political &C
tivity by Federal employees, 1t would
mean that every administration for
many years, Republican and Demo-
crat, has been acting in an uncon-
stitutional manner with respect to
Federal employees covered by the
civil service rulings prohibiting po-
litical activity. Likewise there would
be doubt cast on the Walsh -Healey
Act relating to Government con-
tracts. Up to now it has been
assumed that the Congress may
specify the conditions under which
work may be done for the Govern
ment and lately this has included
the specification of certain labor
standards which must be met. To
pull out from beneath the Walsh
Healey bill and similar measures the
supposed constitutional support they
have had would, indeed, be an en-
barrassing blow to the administra-
ton.
The issue involved in the new
Hatch bill is one of disciplining Fed
eral employees SO that they may not
Improperly use their public positions
or governmental power. This is
clearly within the prerogative Of
Congress to regulate. Even such
doubts as may exist in the admins
tration circle about constitutionality
will hardly be given more than pass
ing consideration elsewhere because
of the precedent established by the
President with respect to the first
Guffey coal bill, when he urged Con-
gress to pass it even though it ap-
peared to be of doubtful constitu-
tionality. The reasoning then, which
might be applied now, was that the
courts could pass on the measure.
1t Is quite possible that Mr. Roose-
welt will sign the bill, but will attacn
a statement implying doubt as TO
constitutionality This would be
taken as a signal for putting the
statute to test in the courts. It
may be difficult, however, to get
a test case because whoever violates
the law may be subject to criminal
penalties if convicted.
Must Forego Convention.
Meanwhile, a vast army of Office
holders who had expected to be
delegates to the next Democratic
National Convention will have to
forego that privilege 1t has been
assumed in some political quarters
that the officeholders will name
delegates just the same to act for
them, but even this indirect process
might involve a prosecution for
political activity within the mean
ing of the law.
The Federal officeholders through
out the country irrespective of party
usually have been able to renom-
mate President when the second
term succession has been up for
consideration, and politicians gen.
orally have been assuming that 1T
would be the same in the case of
q third term. The friends of Vice
President Garner who feel that to
win the nomination he must defeat
the Federal officeholders' machine,
look on the Hatch bill as challenge
to the third termers. Under the
circumstances the betting is better
than even that Mr.. Roosevelt will
sign the bill because to veto is to
put the whole third term contro-
versy on an entirely different plane
the power of an incumbent admin
istration to succeed itself-and