Evening star., 1943-07-24

advancement ne Of - y
the cause OF po- '' Lawrence
liticsl candidates. And if the JUS
tice Department overlooks or ap-
proves the new definition, then it
Is permissible for corporation funds
almost without limit to be used In
politics.
The same law now governs both
corporations and labor organiza-
tions, so whatever labor unions feel
they can do to spend the dues COL
lected from their members or other
funds in their treasures can be done
also by businesses of ALL kinds. The
CIO Interpretation, which has been
distributed to all local unions, reads
in part as follows:
In connection with general elec-
tions involving Federal officers, the
law does not prohibit labor organ
izations from spending its monies
directly to advance the cause of one
or more of such candidates provided
the money is spent directly by such
labor organiza tons and not by
agreement or pre- arrangement with
the candidates or their political
parties, or their political commit
tees.
Point Up Before.
In other words labor organiza-
ton may spend its monies as part
of its general activities in connec-
ton with a Federal election by way
OF advancing the candidacy of a
particular person by distribution of
leaflets, arranging meetings of its
members and the general public, etc.
Such activities would merely be the
exercise by the union and its men,
shers Of such constitutional rights
as free speech, press and free
assembly,
This point has been up many
times before, although it may ap-
pear new to labor unions, but the
attempts of individuals or groups to
resort to subterfuge by spending
vast sums in behalf of candidate
or his cause with the specious plea
that candidates did not consent to
1t in advance or by prearrangement
has been frowned on, and Congress
has condemned such methods in
connection with investigations of
elections even in primaries, where
excessive sums have been spent.
If what the CIO lawyers have
proclaimed were valid, the device
would have been used time and
again to circumvent the laws gov
erning campaign expenditures.
Rights Not Denied.
AS for the question of constitu-
tional rights of free speech, these
are not denied by the law, but
merely the excessive use of funds
belonging to organizations or cor
porations. AS individuals, labor
union members retain the right to
contribute whatever they wish to
political campaign funds directly,
but the law says no union officers
and no corporation executives may
use the funds in their respective
treasures to help elect or defeat
candidates in Federal election.
The question Of constitutionality
OF free speech is not involved but
the broader point involving fraud
and corruption. The Supreme Court
has given Congress broad police
powers wherever the taint of fraud
Is concerned and it is on this aspect
that even freedom of the press Is
limited when the taint of obscenity,
for example, is introduced
For many years, corporation ex-
ecutives have contributed to cam
paign funds out of their own private
-pocketbooks and If, as the CIO law
yers now define it, these executives
may use corporate funds provided
only they do not make any pre-
arrangement with the candidates in
question, a new avenue of financing
has been opened to political contests.
Simple Device.
~ Thus every candidate has Jealous
supporters and hackers who know
exactly how to spend money in be-
half OF their cause and if the only
prerequisite is that the candidate
himself should not be a party to the
plot, this is the most simple device
ever invented to get around the
Federal Corrupt Practices Act, and
It doubtless will become a matter of
pertinent interest to Senator Hatch
and other members of Congress who
IN recent years have interested
themselves in legislation to clean up
the American political election sys-
tenn.
as There are other dangers in the
course charted by the CIO legal
experts. Congress will find itself
confronted with many an election
contest as the right of elected mem
bers to take their seats is questioned
by the unsuccessful candidates
1t may we'll be that the CIO is
counting on a friendly Justice De-
partment to overlook violations of
the Corrupt Practices Act. but con-
gressional committees will not be
able to recommend the seating of
any member ELECT who has gained
his seat through what the law pro-
hibits in spirit, if not by letter.
Though there are decisions of the
courts which indicate explicitly that
the phrase, "in connection with any
Federal election" closes the loop
hole which the CIO legal advisers
think they have just discovered.
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