Evening star., 1940-08-05


ing of the act as passed on August 2,
1899, and the amendments of July 10,
1910, discloseS that restrictions now
are in effect such as never before
confronted a President of the United
States when running for reelection.
Can President draw line be-
tween his activities as candidate
and as an official of the Govern
ment? Does not everything Presi-
dent says on current problems
affect" the election of the candi-
dates of his party, including him
self?
For one thing it seems clear that
Mr.. Roosevelt cannot accept radio
facilities free in his capacity as
President of the United States or the
use of multiple networks such as
have customarily been given him
by virtue of his official position #,
during the course of any address
he may make, there is anything
therein which could be construed as
likely to affect" the election of
President, Vice President or any
OLner canOlQate 1Or ONCE.
IL Sections in 1899 Act.
Nor can Mr.. Roosevelt or any
other President hereafter use White
House stationery or telephone lines
from his Office for the purpose of
discussing politics or anything out
side his regular duties as President
1oo1 nf
nature on Government premises if
the terms of the Hatch law are
literally construed or If they are
construed only half as Realistically
as the New Deal courts and the Ma
tional Labor Relations Board con-
strue the activities of an employer in
influencing or affecting" the results
Of collective bargaining elections.
There are II sections in the Hatch
Ast of 1899. The first eight of them
are concerned with criminal penal
ties and nobody is exempt from their
provisions-not even the President
or the members of his cabinet.
In the ninth section, however.
there is a specific exemption cover
ing the President, the Vice Presi-
dent and officers of the executive
branch of the Government whose
appointments are confirmed by the
Senate.
But the language Of the ninth
section which says that the words
"ofIicer or employe in the executive
branch of the Federal Government"
shall not be construed to include
the President, Vice President and
other high officials states clearly
that this exemption is "for the pur-
poses of this section" 1t is evident
that nobody is exempted from the
preceding eight sections of the Hatch
law which stands as separate
entity just as much as if they had
been embodied in different statute
altogether.
Penalties Set Forth.
The penalty for violating the first
eight sections is "a fine of 81 900 or
imprisonment for not more than one
year. or both" whereas the penalty
for violating section 8 is simply
removal from public Office by means
Of an automatic withholding of
funds used to pay the officials pay
or compensation.
It is interesting to note that Con-
gress repeated in section 9 almost
the same language 1t used in section
2 about prohibiting officials from
using official authority but in the
second instance the statute adds The
word influence" The language of
section 9 follows:
"It shall be unlawful for any
person employed in the executive
branch of the Federal Government,
or any agency or department there
OF, to use his official authority or
influence for the purpose of inter-
fering with an election or affecting
the result thereof. No officer or
employe in executive branch of the
Federal Government or any agency
or department thereof, shall take
any active part in political manage
ment or in political campaigns. All
persons shall retain the right to vote
as they may choose and to express
their opinions on all political sub
Iof