9. By mail___ 672.51 24.75 9. W. C. Gregg, Hackensack, N. J‒‒‒‒‒‒ 11. Received from James Cannon, jr., donation of E. C. Total_ Unused checks formerly deducted for which duplicates were issued__ 19, 967. 20 21.75 500.00 17, 000. 00 11. James Cannon, jr., expenses Jan. 7 through Feb. 11-- 11. James Cannon, jr., refund for money advanced Anti-Smith Democrats in North Carolina_. 11. James Cannon, jr., refund for money paid Guardian Pub- 11. James Cannon, jr., refund on money advanced to L. C. 11. James Cannon, jr., for cash advanced by him from time to 11. James Cannon, jr., refund on money advanced to Dr. A. C. 11. Murphys Hotel, rent__ 11. Meyers Letter Writing Co-. 11. Western Union Telegraph Co Incidentals 71.00 27.00 50.00 21.50 38.08 31.20 12.00 673.50 80.00 198.00 56.33 30.90 14. 44 95.50 25.00 11.32 771.00 58.50 5,000.00 4, 926. 29 200.00 250.00 6, 394. 46 537.36 98.50 175.00 51.50 .84 29.67 56.00 19, 984. 89 4.06 A. L. BURROUGHS, Treasurer. 11. Miss Ada Burroughs, stenographic work.. Total____ Balance_-_ RICHMOND, VA., February 11, 1929. Subscribed and sworn to before me a notary public for the city of Richmond on this date, February 16, 1929. G. H. REDD, Notary Public The CHAIRMAN. Mr. Page, while you are on the stand now, not as Clerk of the House of Representatives but as an individual, would you prefer not to testify relative to the law as it might relate to the filing of this last statement? Mr. PAGE. I don't see, Mr. Chairman, how we can very well disassociate myself in my personal capacity in respect to a matter of this kind from my official position as Clerk of the House; but I am perfectly willing to make a statement that you deem to be proper for me so to do. The CHAIRMAN. I am sure the committee would feel it proper. To be quite direct, Mr. Page, what we should like to get from you in the way of information would be that concerning the time in which reports must be filed. Here we have before us your certificate concerning this report filed February 15, 1929. Was not that after the time limit had expired for filing of receipts and expenditures? Mr. PAGE. Mr. Chairman, I will read that portion of the corrupt practices act which relates to that particular thing, and I think this intelligent committee can draw its own conclusions or put its own interpretation upon that. Senator DILL. The law is the best answer. Mr. PAGE. Of course it is. The CHAIRMAN. If you will do that, please. The treasurer of a political committee shall file with the Clerk between the 1st and 10th days of March, June, and September in each year, and also between the 10th and 15th days and on the fifth day next preceding the date on which a general election is to be held at which candidates are to be elected in two or more States, and also And this is the pertinent part of that section on the 1st day of January a statement containing complete, as of the day next preceding the date of filing, the name and address. And so forth. Now it is not for me, as the custodian of these papers, to interpret that language. I have never regarded that I had any right to do so. I have been asked the question a good many times, Does the law require this statement to be filed absolutely on the 1st day of January as of the day next preceding the date of filing? That question has been asked a number of times, but I am not in a position to interpret this law. I am simply there in a ministerial capacity to receive these statements. It would seem to me that if a committee is to make a report, a cumulative report for an entire calendar year, it would be practically physically impossible to file its statment as of the day preceding for the entire year on the 1st day of January, which is a legal holiday, and my thought has been that there ought to be some little reasonable latitude. The CHAIRMAN. There has been, I take it, then, some leeway granted in that respect. Mr. PAGE. Not granted. I would not say that, because nobody is in position to grant it. It is for everybody who is amenable to the law to interpret it for himself until the law shall have been interpreted by a court of competent jurisdiction. The CHAIRMAN. I think that is all. Now we are ready to hear such witnesses as have been asked to appear this afternoon. Is Mr. Perry C. Seay present? TESTIMONY OF PERRY C. SEAY, RICHMOND, VA. (The witness was duly sworn by the chairman.) The CHAIRMAN. Mr. Seay, will you give the reporter your full name, your address, and your business connections? Mr. SEAY. Perry C. Seay; address, Richmond, Va., vice president American Bank & Trust Co., of Richmond. The CHAIRMAN. Mr. Seay, you were asked in the summons conveyed to you to bring with you and produce before the committee the records of the account and all other financial transactions in your possession or control of the American National Bank or the American Bank & Trust Co., of James Cannon, jr., covering the period June 1, 1928, to March 2, 1929, and all correspondence, data, memoranda, and information in your possession or control in relation to said account or said transactions, and the records of the account and of all other financial transactions in your possession and control of the American National Bank or the American Bank & Trust Co. with the organization known as the Anti-Smith Democrats. What have you brought with you, Mr. Seay, in that connection? Mr. SEAY. I have the original record of the bank account of the Anti-Smith Democrats. The original signature card, receipt card covering return of vouchers, and the original deposit slips. They are all the records in our bank concerning the Anti-Smith Democrats. The CHAIRMAN. When was this account opened? Mr. SEAY. July 24, 1928. The CHAIRMAN. How much was actually deposited to that account? Mr. SEAY. During the period the account ran a total sum of $58,708.61. The CHAIRMAN. Was this a personal account or the Anti-Smith Democrats account? Mr. SEAY. It was the account of the Anti-Smith Democrats. Mr. SEAY. This is a copy of the figures and I have the originals. Senator DILL. Who opened the account? Who had a right to check on it? Mr. SEAY. The account stood in the name of Anti-Smith Democrats, checks to be signed by the treasurer, A. L. Burroughs and countersigned by the chairman, James Cannon, jr. The CHAIRMAN. Do you have with you the deposit slips covering all of the deposits shown in this account? Mr. SEAY. I do. The CHAIRMAN. Mr. Seay, it is very important that the committee have this complete accounting. Would you permit it to be out of your possession long enough to have it photographed? Mr. SEAY. The account that you have, Senator, is a copy. I have the original. The CHAIRMAN. Oh, so that this, then, you are intending to be the property of the committee? Mr. SEAY. Yes, sir. It is an exact account of all the entries of credits and charges against the account during the entire period of the account. The CHAIRMAN. You know this copy to be an accurate copy of the original? Mr. SEAY. It is an accurate copy which I compared myself, except for certain entries that would have no bearing on the report itself, in that, as you know, the originals, the balances are carried forward twice, from day to day, and on the report we have only the actual deposits and checks against the account are shown. The CHAIRMAN. Was there at any time an overdraft shown? The CHAIRMAN. Now will you indicate on just what days those overdrafts were shown? Mr. SEAY. As of February 5, 1929, $80.87; February 9, 1929- The CHAIRMAN. Oh, that is indicated in this copy you have given us? Mr. SEAY. Yes. The CHAIRMAN. Then what is it that this copy does not contain beyond the daily balances shown? Is that all? Mr. SEAY. That is all that is not shown on that copy. The balance is shown on that copy, but for banking purposes the balance is shown twice on the original record. It is shown at the close of business on one day, and the same balance carried forward at the beginning of business the next day. Senator WAGNER. What is the last deposit to this account-the date of the last deposit? Mr. SEAY. The last deposit was made on May 14, 1929. The CHAIRMAN. The committee will ask that the copy submitted by Mr. Seay may be made a part of the record at this point. (The bank statement referred to is as follows:) Statement of account of Anti-Smith Democrats with American Bank & Trust Co. of Richmonă, Va. |