Зображення сторінки
PDF
ePub

dates. It requires a statement from candidates for nomination in the primaries as well as from candidates for election. The terms "candidate," "public officer," "political committees," and "election expenses" are defined. Committees are required to appoint a treasurer, through whose hands all money is required to pass. Individuals other than candidates or treasurers of committees are forbidden to incur election expenses.

Corporations are forbidden to contribute toward such expenses. Every candidate or treasurer, if he has received or expended more than $50 for political purposes, is required to file a detailed account with vouchers for all sums exceeding $10. No anonymous contributions can be received or disbursed. The oath of office may not be administered until the statement is filed. Accounts are open to inspection for two years. Within twenty days after the last day for filing an account any five electors may petition for an audit thereof, which must thereupon be had. Provision is made for the vacation of the office of any candidate found guilty of making a false statement.

Violation of the act is punishable by a fine of not less than $50 or more than $1,000, or by imprisonment for not less than one month or more than two years.

SOUTH DAKOTA.

[Adopted 1907, chap. 146.]

Political committees are defined and required to appoint a treasurer and secretary.

All funds collected by such committee must be turned over to the secretary who shall "record the same in books kept by him for that purpose," and turn them over to the treasurer.

"The treasurer shall not disburse said funds except upon orders drawn upon him by the secretary, each order showing upon the face thereof the purpose for which the money is paid, and to whom paid." No moneys shall be collected until the appointment of a treasurer.

66

"A record must be kept open to the public showing the names of the secretary and treasurer" and all money must be disbursed through the treasurer. No person except a candidate or treasurer may pay, give, or lend, or agree to pay, give, or lend any money or other valuable thing for any election expenses except to a political committee or the treasurer thereof."

The purposes for which payments may be made are limited.
An account must be kept and filed.

No person is excused from testifying, and immunity is granted in respect to such testimony.

Violations of the act are punishable by fine or imprisonment or

both.

This act contains certain provisions of a novel character.

SOUTH CAROLINA.

[Adopted 1905, chap. 473.]

*

[ocr errors]

This act relates solely to primary elections and requires candidates to make a pledge that "I will not give nor spend money for the purpose of obtaining or influencing votes and that I shall at the conclusion of the campaign and before the primary election render

* *

*

* * *

*

under oath an itemized statement of all moneys spent or provided by me during the campaign for campaign purposes and I will immediately after the primary election render an itemized statement under oath showing all further moneys spent: Provided, That a failure to comply with this provision shall render such an election null and void."

Violation of this act was made punishable by imprisonment or fine or both.

TENNESSEE.

[Adopted 1897.]

The legislature of Tennessee, April, 1897, passed the following act (p. 143, acts of Tennessee for that year):

AN ACT to prohibit the use of funds belonging to corporations for electioneering, political, or campaign purposes, and to punish all representatives of cor orations who shall use or consent to the use of corporate funds for this purpose.

SEC. 1. Be it enacted by the general assembly of the State of Tennessee, That it shall be unlawful for the executive officers or other representatives of any corporation doing business within this State, to use any of the funds, moneys, or credits of the corporation for the purpose of aiding either in the election or defeat of any candidate for office, national, State, county or municipal, or for the purpose of aiding in the success or defeat of any proposition submitted to a vote of the people, or in any way contribute to the campaign fund of any political party for any purpose whatever.

SEC. 2. Be it further enacted, That every executive officer, agent, or other representative of any corporation, doing business within this State, who shall knowingly consent to, approve or aid in the use of the fund of a corporation for any of the purposes mentioned in section 1 of this act, shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than five hundred dollars nor more than two thousand dollars, and shall be imprisoned in the county jail or workhouse not less than two nor more than six months.

SEC. 3. Be it further enacted, That the grand juries of this State be given inquisitorial powers over all violations of this act, and that the circuit and criminal court judges of this State be required to give this matter especially in charge of the grand jury at each term of their courts.

No general corrupt-practices act seems to have been passed in Tennessee; and no further legislation relating to contributions or the publicity of election receipts and expenditures.

TEXAS.

[Adopted 1905, chap. 11.]

Chapter 11, sections 89-90, acts of 1905, provides that all persons expending money for election purposes shall, within ten days after the election, file an itemized statement of such expenditures and also state "whether he has been informed or has reason to believe that the person thus aiding or attempting to defeat a party or candidate. was an officer, stockholder, agent or employee of, or was acting for or in the interest of any corporation, giving his name, and if so of what corporation."

UTAH.

[Adopted 1896, chap. 56; repealed 1897.]

This act required candidates and committees to file a detailed statement of expenses.

It was very imperfect and was repealed the following year, chapter 50, Laws of 1897.

VIRGINIA.

[Adopted 1893, chap. 98.]

The act provides that candidates for both nomination and public office shall make a return of their expenditures, and to the best of their belief, of the expenditures of any person acting in their behalf. No provision is made for the filing of statements by political committees the purpose of which is limited to advertising and securing public halls.

WASHINGTON.

[Adopted, chap. 209, Laws of 1907.]

Every candidate for nomination is required to file within ten days of the primary election an itemized statement of any election expenses paid or incurred by him or to the best of his knowledge on his behalf. Such statements become part of the public records.

Any candidate failing to file the required statement, or filing a defective statement, is guilty of a misdemeanor, punishable by a fine of from $25 to $200, or imprisonment of from ten days to six months. No statement is required from committees, and the provisions of the act are very incomplete and defective.

WISCONSIN.

[Adopted 1897, chap. 358; amended 1905, chap. 502; amended 1907.]

This act, which is one of the best-considered measures upon the subject, provides that the election expenses of candidates shall be filed in detail thirty days after the election, the purposes and amount of each expenditure being stated. All statements so filed must be kept open for public inspection for a year. The penalty for violation of this provision is a fine of not less than $100 nor more than $500. Political committees are defined and required to maintain a treasurer prior to whose appointment it is made illegal" for a political committee or any of its members to collect, receive, or disburse money" for political purposes, and all moneys must pass through the hands of the treasurer. Treasurers of political committees are required to keep detailed accounts of receipts and expenditures and to file sworn statements thereof. This statement must be kept one year.

Any violation of the provisions of the act by a treasurer is punishable by a fine but not by imprisonment unless he fails to keep correct books of account with intent to conceal receipts or disbursements, or the person from whom or the object for which they have been received or expended, or to conceal the existence of an unpaid debt, or if he mutilates or destroys such accounts with intent to conceal, or if he fails to make the required statement within five days after he shall receive notice in writing, signed by five resident freeholders, requiring him to file such statement. Upon conviction of the latter class of offenses he must be imprisoned for not less than two or more than six months.

This act was amended in 1905 (chap. 502), providing in greater detail for the filing of statements of expenditures by candidates and for blanks for that purpose. It was made the duty of officers with whom nomination papers or certificates of election are filed to publish

lists of candidates failing to file statements and to transmit such lists to the attorney-general for prosecution under penalty of a fine.

In 1907 (chap. 243) life-insurance companies were required to make report to the commissioner of insurance of all contributions made for political purposes, and corporations were by chapter 492 of the Laws of 1905 prohibited from making any contributions for that purpose under stringent penalties, making it a felony to aid, advise, or abet violations of this provision.

(From the National Publicity Bill Organization. Perry Belmont, chairman; Frank K. Foster, secretary. Washington, D. C., February 26, 1908.)

O

EDUCATING CHILDREN AT MILITARY POSTS.

Mr. BURKETT presented the following

DATA RELATING TO THE FACILITIES FOR EDUCATING CHILDREN AT MILITARY POSTS, ETC.

FEBRUARY 28, 1908.-Referred to the Committee on Military Affairs and ordered to be printed.

WASHINGTON, December 16, 1907. SIR: Last summer I visited some military posts and was confronted in one or two places with the difficulty of the educational problem for the children. Especially was my attention called to the children of the noncommissioned officers. The salaries of these officers, of course, are low and hardly permit of their paying tuition for the children in adjacent town schools. I gathered the idea that at times it is the practice of the Department to have a school at the post. It has occurred to me that perhaps the Government could better afford, in many instances, to pay the tuition of the pupils than to have a school at the post, and it would probably in most instances be better for the pupils themselves.

Will you please give me the facts with reference to this proposition? What is the practice, and what, if any, legislation would be necessary? Also, if you can without too much trouble, I would be glad to know about the number of pupils at each of the several military posts and about what provision heretofore has been made for the education of these pupils.

Very truly,

The SECRETARY OF WAR,

E. J. BURKETT.

Washington, D. C.

WAR DEPARTMENT, Washington, February 24, 1908.

SIR: Referring to your letter of December 16, 1907, with reference to facilities for educating children at military posts, I will state that reports on this subject have been received from the posts in the United States, Cuba, and Porto Rico, and a summary of these reports is inclosed herewith for your information. A copy of General Order 155, War Department, 1905, governing post schools for children is also inclosed.

« НазадПродовжити »