Evening star., 1939-08-03


widespread public approval of the
Hatch laws objectives. To have
vetoed the measure would have
opened the administration to a bar
rage of attack on the ground that
1t was interested in illicit use of
governmental power for political
gain.
There is no denying, however, that
the bill was voted for in some quar-
ters because of belief that it would
put the Presidents supporters in
hole by denying them oppor-
tunities to 60 as delegates to the
national political convention, and
by curtailing their activities dur
ing the campaign. Published re-
ports have openly stated that the
bill had the aid of the friends of
Vice President Garner on the theory
that it would, if passed, weaken the
New Deal political mechanism.
Denies HeIpIessness Imposed.
Mr.. Roosevelt has accepted this
challenge, but at the same time he
has taken occasion to warn his
Democratic supporters that they
need not become panicky and help
less just because of the Hatch bill
The President explained the mean
ing of the new law in his public
message and, while it is unusual
for the Chief Executive to be in
terpreting law SO soon after it is
passed, the fact remains that the
President in this case is the head
of the Government which does the
employing of the persons affected
by the statute.
There is no provision in the law
itself for the making of interpretive
regulations, but it is customary for
executive agencies often to make
their own interpretive rules.
With the Presidents interpreta-
tions there is rather general assent
in Congress, though on one or two
minor points disagreement is voiced
Thus everybody comedies that en-
ployes need not lose their jobs be-
cause of attendance at political
meetings or by contributing funds
of their own volition, but there is
doubt as to whether Federal en-
ployes can express their opinions or
preference as to candidates orally,
by radio, or in writing"
The President said, for instance,
that the Federal employees could ex-
press their preference in any of those
three ways provided it was not a
part Of an organized political cam
paign." 1t would be difficult, how
ever, for anybody to speak over the
radio except as part of a cam
paign. Also it would hardly be an
expression of preference in an Or
dinary sense if the Federal employe
adopted the broadcasting device as
a means of uttering his likes or dis
likes.
Letter Might Prove Dangerous.
But, 1t might be contended, if a
Federal employe writes a letter ex-
pressing his preference and persons
other than Federal employees do the
reprlntlng and dissemination of the
letter to gain votes, even the eX-
preston of preference in writing
might bring the Federal employe
IN contact with the arm of the law.
The most severe penalty for Ger
tain sections of the law is the loss
OF a Government job, but there is
another section of the law upon
which the President cannot give as
surances. 1t is the following:
"Any person who violates any of
the foregoing provisions of this act
shall be deemed guilty of a felony
and upon conviction shall be fined
not more than $1,000 or imprisoned
for not more than one year, or both"
Included in the group of fore
going provisions" is one which SAYS:
1T shall be unlawful for any per-
son employed in any administra-
tive position by the United States,
or by any department, independent
agency, or other agency of the
United States Gncluding any COR
poration controlled by the United
States or any agency thereof to
use his official authority for the
purpose of interfering with or af-
fecting the election of any candi-
date for the office of President, Vice
President, presidential elector, men,
ber of the Senate or member of
the House of representatives"
Certainly if a Federal employe
took the unusual means of making
radio speech to express his pref
erence, the courts and not the exc
cutive branch of the Government
might have to determine whether
the law has been violated, and in
the event of change in adminis-
tration, prosecutions might follow.
Answers Provide Problem.
The same problem of enforce
ment arises with respect to the
right of a Federal employe "to
answer unWarranted attacks made