Evening star., 1940-08-14
Party Book Buyers
Prosecution Unlikely,
Officials Indicate
Instructions on Hatch Act
Violations Issued
By Attorney General

statement on page A-10.)
BY the Associated Press.
Justice Department officials indi-
Gated today in guarded private coin
ment that there was little likelihood
of prosecution for purchasers of the
Democratic 1910 campaign book in
the event that the Democratic Ma
tional Committee decides to sell the
volume despite the Hatch "clean
politics" Act.
This development in the contro-
versy over the campaign book came
as Attorney General Jackson an
nounced he has issued a circular
instructing all United States attor-
neys in the violations of the Hatch
Act that will bring Federal prose-
cution.
Punishable BY 5000 Fines.
Among the criminal acts listed by
the Attorney General as being
punishable by a fine of not more
than $1,000 or five years imprison-
ment were:
l. The making of an annual con-
tribution in excess of $1,000 to or for
any campaign for the nomination
or election of any candidate for an
elective Federal Office.
2. The purchasing of any adver-
tising or articles of any kind by any
one where part or all of the proceeds
directly or indirectly inure to the
benefit of or for any candidate for
an elective Federal office, or to the
benefit of any political party or COM
mittee.
One Justice Department official
said today that prosecution under
a law which could impose maxi
mum $4,000 fine or five years in
prison on a person who merely
bought 25-cent campaign book was
an impossible situation
Another. asked what might be
done if 10000 persons bought the
books, recalled the observation of
an English lawyer many years ago
that you can't Jail whole people"
Plan to Go Ahead.
Edward J. Flynn, Democratic ma
tional chairman, and Charles Mich
elson, publicity chief disclosed last
week that the committee intended
to go ahead with the campaign book
because it was projected before the
new Hatch "Anti-Politics" Act be-
came effective July 10.
Mr.. Flynn said the book would
not be sold. but Republicans assalled
the publication as violation of the
Hatch law. Senator Hatch. Demo-
crat, of New Mexico, the law au-
thor, said the book would constitu-
tute an evasion" of the law and
demanded publication be abandoned.
Attorney General Jackson. how
ever, has told Senator Hatch that
| failure of the law to apply equally
| to the seller was a weakness. He
suggested that the act be amended
to include the vendor as we'll as the
buyer IF we are to be successful in
going before juries'
| Although other department Off
Gals informally expressed doubts
that campaign book purchasers
would be prosecuted, they left two
connected questions unanswered:
What about advertisers who pur-
chased space in the Democratic book
| before the Hatch Acts effective date
July 10, but did not send their checks
until after that date?
What if the National Committee
gives the book to State party or
ganizations, which distribute them
to local committees, which sell
them?
The first question brought no
direct answer because of possible
tecnnicalities. but with respect to
the second question it was pointed
out that a local committee pre-
sumably would be supporting the
national ticket as we'll as municipal
or State candidates, and thus would
be subject to the laws provisions.
In considering the second question
some officials apparently were mind
full of the situation which might
arise if local committees, after SELL
ing books, claimed the right to use
the funds for State or local tickets,
as distinguished from the national
ticket, on the ground that no Fed
eral elective Offices were involved
and hence the law did not apply.
Attorney General Jackson left no
doubt in formal statement Monday
that he did not believe a State,
county or local party unit could
utilize money realized from book or
other sales to advance a national
ticket.
In case some might think he said,
that State laws could make per-
missable that which Federal law
prohibits, l think it only fair to
point out that no such view has been
accepted or approved by the De-
partment of Justice
& Iohn'e churrh Ev4ond.