Evening star., 1948-12-06
Riqht Of Petition Seen
Limited by Lobby Act
Which Truman Backs
Terms of Legislation
Posed in '46 Are Cited
To Show How 1t Works
Rv David Laurence

PRESIDENT Truman CdIlllut uc Ca
pected to know the answers to al
the questions asked him by the
press and he is. therefore, to be
forgiven for having failed recently
to denounce the present so-called
lobby" legislation and for having
announced instead that he intends
to ask Congress to strengthen this
same law.
AS a matter OF fact few persons
in America today know what q
vicious law the 10th Congress
democratic controD hastily passed
in its closing hours in July, 1916,
and how that law would destroy the
civil rights of every citizen who may
wish to exercise his Constitution
given right to petition his own Gov
ernment. Here are enumerated
some of the points in the present
law:
!. Any person who shall engage
himself for pay or for any con-
sideration for the purpose of at
tempting to influence the passage or
defeat of any legislation by the
Congress" must register and in
effect stamp himself as a lobbyist"
no matter what the cause he eS-
pouses. The organization which he
represents must for two years keep
an itemized account of every ex-
penditure above $40 and file it with
Congress even if indirectly" used
to influence legislation.
Legislation Defined.
2. The word Legislation" is de-
fined not only as any bill or resolu-
tion pending or proposed but "any
other matter which may be the sub
Ject of action by either house" now
or for the next so years or more.
3. The law applies to "any per-
son who by himself, or through any
agent or employe or other persons
in any manner whatsoever, directly
or indirectly, solicits, collects, or
receives money or any other thing
of value to be used principally to
aid, or the purpose of which per-
son is to aid, in the accomplish
ment of any of the following pur-
poses:
"(A0 The passage or defeat of
any legislation by the Congress of
the United States;
"(B To influence. directly or in
directly, the passage or defeat of
any legislation by the Congress.
4. Nowhere in the law is there
any definition of what Is meant by
principally to aid" nor what is
meant by directly or indirectly"
Yet without knowledge of such
definition. a Jail sentence can be
incurred by the citizen if q con-
viction is obtained.
Must List Articles.
5. Every person who IS required
to register must not only tell what
he Is paid or what consideration"
caused him to attempt to influence
legislation either in Washington or
in his own community in conversa-
ton or otherwise, but he must also
put in writing and list with the
clerk Of the House of Representatives
'the names of any papers, period
icals, magazines, or other publica-
tons in which he has caused to
be published any articles or edi-
toriaIs."
No other citizens are required to
do this and no other Federal law
has ever been passed compelling a
person to reveal himself as the
source of information given to the
press. This law in effect prevents
the giving OF any information con-
fldentially to a newspaper by q per-
son registered in behalf of any
organization. good or bad. interes' ed
in legislation pending or in any
matter likely to become legislative
question ut any time.
6. The present law exempts news
papers and periodicals and individ-
uals employed by them from being
required to register as Lobbyists"
but II any publication does anything
else besides publish the material
and attempts to distribute its arti-
cles beyond its own circulation as
a reprint for people In other cities
to read, this can be construed as
lobbying" and subject the news
paper to fines unless it is registered
as engaged in lobbying"
Other Provisions.
7. Pamphlets, leaflets, handbills
etc., designed to influence legislation
cannot be distributed without SUBJ
jecting the organiza tion of distrib-
utors to fines or imprisonment un-
less registered as Lobbyists"
8. If convicted for failing to reg
lister and to fill out countless details
on the forms supplied, a person
loses his ciyn right to appear before
q congressional committee for three
years thereafter in addition to fines
or imprisonment. No such punish
ment for "misdemeanor" has ever
been meted out heretofore in Amer
lea and could be attacked as q
cruel and unusual punishment
banned by the Constitution.
3. Every public Official who does
lobbying Is specifically exempted
from the terms Of the lobbying law
even if he uses public funds for the
purpose or even If he distributes
leaflets, books pamphlets paid for
with Government money, or if he
causes to be published articles in the
press espousing his cause. Thus the
Governments Is given propaganda
facilities.
The above points are not all the
defects in the law. The statute is
unequal in its application as be-
tween citizens. which of course casts
doubt on constitutfonality. Also
the Supreme Court recently said il
was unconstitutional for Texas to try
by law to make a labor organizer
register before exercising his rights
OF free speech or assembly. Why
isn't it also unconstitutional fol
Congress by law to require registra-
ton by a citizen before he is per-
mitted to exercise his Constitutional
right Of petition?
Reproduction rights reserved)