Evening star., 1945-01-26
Law Question Raised
In Naming Of Wallace
Observer Cites Act of Congress
Banning Political Job Rewards
BY David Laurence

D"~A W ~<AtSS <ASt VI N<OuSi COS
Banning Political Job Rewards
By Dauid Laurence
Did President Roosevelt disregard a
law Of Congress forbidding political re-
wards when he sent to the Senate the
nomination of Henry Wallace to be
Secretary Of Commerce and Federal
loan administrator?
The statute referred to became law
on August 2, 1899, when it was signed by
President Roosevelt. Section reads
as follows:
1T shall be unlawful for any person,
directly or indirectly, to promise any
employment, position, work, compensa-
ton, or other benefit, provided for or
made possible in whole or in part by
any act Of Congress, to any person as
consideration, favor, or reward for any
political activity or for the support OF
or opposition to any candidate or any
political party in any election"
This Is what President Roosevelt
wrote in his letter of March 20, 1945, to
Jesse Jones:
Henry Wallace deserves almost any
service which he believes he can salts
factorily perform. told him this at
the end of the campaign, in which he
displayed the utmost devotion to our
cause, travelling almost necessarily and
working for the success of the ticket
in great many parts of the country.
Though not on the ticket himself, he
gave of his utmost toward the victory
which ensued
He has told me that he thought he
could do the greatest amount of good
in the Department of Commerce, for
which he is fully suited, and I feel,
therefore. that the Vice President
should have this post in the new
administration"
Reward for Activity.
The foregoing reveals that the Office
of Secretary of Commerce, which was
created by act of Congress, was be-
slowed on Henry Wallace as a reward
for political activity. Neither the Pres
ident nor the Vice President are ex-
empted from the provisions Of the Sec
tlOn IN qQeStlOn.
If it is unlawful" for a President or
any other Federal Official to give a
public Office as political reward, Is
1t lawful for the United States Senate
to confirm a man who receives the
reward? This is question which bears
on the spirit, if not the letter, of those
statutes which have long been looked
upon as a means of keeping govern
ment free from pernicious influences.
Ofenses under not only the Federal
Corrupt Practices Act but the Hatch
Act are subject to fine and imprison-
ment If convictions are obtained
There is nothing in the law which
limits the making of the promise to
any action taken or promise made dur
ing a campaign. The bestowal of re-
ward after the campaign is apparently
as much banned as promise For the
statute speaks of reward for any polit-
ical activity" and this logically could
not materialize until after the serv-
ice is rendered and campaign con-
cluded and the victor is in a position
to award his plums to those who have
helped him win.
Intimation in Wire.
There has been some intimation that,
even during the campaign-in fact,
shortly after the convention was held
which nominated Mr.. Roosevelt for
fourth term but rejected the re-
nomination of Mr.. Wallace for Vice
President telegram was allegedly
sent by Mr. Roosevelt to Mr.. Wallace
bearing on the subject of a promise
Of future Office.
William K. Hutchinson, head of the
International News Service in WASH
ington, in dispatch on Monday of
this week, said that, after the unsuccess-
full fight made at the convention, Mr.
Wallace received a telegram from Mr..
Roosevelt purporting to read as follows:
Tell Mrs. Wallace not to make any
move to leave Washington. There will
always be a place in my household for
| you"
| Mr.. Wallace didn't bolt the ticket
| but went ahead to give it his active
support. For several weeks there was
| public speculation last summer and
autumn as to what post Mr. Roosevelt
might have In mind for the retiring
Vice President. This telegram, however
would not be persuasive except in rela-
ton to the January Goth letter The
words Of the statute which bar any re-
ward for political activity alone need to
be considered in view of the fact that the
President now publicly admits that he
is giving a public Office as political
| reward to Mr. Wallace