Evening star., 1953-01-30
Law on Lobbyists Registration
Is Declared Unconstitutional
In O Pinion by Judge HoItzoff
Penalty Provisions
Form Busis for
Dismissal of Case

OuQS0 Al6AdI1O6T f1O1GIOI1 OF
the U. S. District Court for the
District of Columbia today ruled
that it is unconstitutional for
the Federal Government to re-
quire registration of persons en-
gagged in lobbying activities.
It was the second time in less
that year that Judge Holtzof
has called sections of the Fed
eral Lobbying Act unconstitu-
tional because of their penalty
provisions. His other ruling, in
which two other judges joined,
was upset by the Supreme Court
last October.
Justice Department officials
declined comment on today's ac-
tion. They said they wanted to
study his opinion before decid-
ing on an appeal. They also de-
clined to say whether the ruling
as it stands would knock out the
act requiring registration of all
lobbyists.
Today's ruling-that section
S08 Of the act is unconstitutional
resulted in the dismissal of
long-pending charges against
two State agricultural commits
sioners and two other persons.
One of the commissioners is now
dead.
Section on Reports VOided.
Defendants in the case were
James E. Mcdonald, late COM
missioner of agriculture of
Texas: Tom Linder, Georgia ag-
ricultural commissioner; Ralph
w. Moore, Washington commod-
ity trader, and Ralph M. Har-
riss. a New York commodity
broker.
Judge Holtzoff served as a
member of three-judge consti-
tutional court which last March
had held another key section
Recommendations. This Sec
ton required that anyone receiv-
ing money in connection with
lobbying activities must file
quarterly reports with Congress.
Judge Holtzof held in his rul-
ing today that both sections are
unconstitutional because of the
penalty provisions. In addition
to providing fine, imprison-
ment, or both, both sections
make it unlawful for a person to
engage in any effort to influ-
ence legislation for a period of
three years after conviction.
Judge Holtzof said this is O
violation of the constitutional
rights of every citizen to petit
ton Congress.
The earlier case involved the
National Association of Manu-
facturers. Judge Wilbur K. Miller
Of the U. S. Court of Appeals for
the District of Columbia and
District Court Judge Henry A.
Schweinhaut joined in the opin-
ion. The judges ruled the Ian
guage of the act did not ade-
quately describe grounds for
criminal prosecution.
The Supreme Court granted a
Justice Department motion to
vacate the ruling and remanded
the case to District Court with
directions to dismiss the COM
plant on the grounds the case
was moot. In November, the
MANS motion for a rehearing
was denied by the Supreme
Court.
Case Pending Since 1949.
The case thrown out today has
been pending since 1949. Mr..
Moore was accused of taking
money from Mr.. Harriss and
others to attempt to influence
legislation and failing to file a
registration statement as a
lobbyist. Mr.. Harriss was ac-
cused Of making contributions
without reporting them.
Mr.. Mcdonald and Mr.. kinder
were accused of receiving finan-
cial aid from Moore, in the
form of brokerage accounts
financed by him, to help in sup
porting or opposing legislation.
Public officials are exempt
from the Lobbying Act, but the
charge against Mr.. Linder and
Mr.. Mcdonald was that they
acted beyond their official capac-
tiles and in behalf of their per-
Sonal financial interests.