SENATORIAL CAMPAIGN EXPENDITURES, 1930 DELAWARE FRIDAY, JANUARY 30, 1931 UNITED STATES SENATE, SUBCOMMITTEE OF SELECT COMMITTEE ON The subcommittee met, pursuant to call, at 10 o'clock a. m., in room 412, Senate Office Building, Senator Gerald P. Nye, chairman, presiding. Present: Senators Nye (chairman) and Dill. The CHAIRMAN. The committee will be in order. On October 10, 1930, the committee conducted hearings at Wilmington, Del. The hearings this morning, which I expect will be rather brief, are in continuation of the hearings conducted then, and I want at this point in the record to insert the statements covering the fall campaign of the Democratic State central committee showing receipts and expenditures, the receipts amounting to $1,922.92; also a statement submitted by Senator Hastings revealing a total amount of contributions and expenditures in the conduct of the fall campaign by the Republican committee in Delaware of $44,125.71; also a statement under date of November 13, by Senator Bayard, revealing personal expenditures of $4,600 in the conduct of the fall campaign; also a statement submitted by the manager of the Delaware Division of the Association Against the Prohibition Amendment, revealing an expenditure of $2,500 in behalf of the candidacy of Thomas F. Bayard for United States Senator, and Col. John P. LeFevre's candidacy for Member of Congress; also a letter from the Delaware Anti-Saloon League revealing expenditures in the fall campaign of $200 for publicity in the interest of Senator Hastings and Congressman Robert G. Houston, and also the report of the Democratic county executive committee for Newcastle County, revealing receipts and expenditures in the conduct of the fall campaign, the total receipts being $13,974.68, received from seven people, John J. Raskob, $7,883.43; Elizabeth Du Pont Bayard, $3,600; Thomas F. Bayard, $2,000; Harvey P. Hall, treasurer, Democratic State committee, $330; Frank Collins, $25; Chauncey P. Holcomb, $50. I think there are one or two other statements that have been submitted that I do not find before me at this time, and upon their being located they will be printed at this point in the record also. (The documents referred to above are as follows:) Hon. GERALD P. NYE, WILMINGTON, DEL., January 12, 1931. Chairman the Nye Select Investigating Committee, Washington, D. C. DEAR SIR: Inclosed you will find sworn the account of the receipts and expenditures of the Democratic State central committee of Delaware. The original of this document has been sent to the clerk of the Senate. Very truly yours, JOHN BIGGS, Jr., State Chairman. SMYRNA, DEL., January 7, 1931. I, Hervey P. Hall, treasurer, certify that the following is a full, true, and detailed account of each and all of the receipts, expenditures, disbursements, and unpaid debts and obligations of Democratic State central committee and of every officer and other person acting under authority or on behalf of said Democratic State central committee. STATE OF DELAWARE, County of Kent, ss: Be it remembered, that on this 9th day of January, 1931, personally came before me, the subscriber, a notary public for the State of Delaware, Hervey P. Hall, who, being by me duly sworn according to law, deposes and says that the foregoing statement, by him signed, is in all respects a full, true, and detailed account to the best of his knowledge and belief. HERVEY P. HALL, Sworn to and subscribed before me the day and year aforesaid. GEO. W. BOENNIEB, Notary Public. Hon. GERALD P. NYE, UNITED STATES SENATE, Washington, November 20, 1930. Chairman Senatorial Campaign Expenditures, Senate Office Building, Washington, D. C. MY DEAR SENATOR NYE: I have been trying to prepare for you the list of expenses of the recent campaign in Delaware. The campaign was conducted by the Rpublican State committee with three subcommittees, one for each of the three counties. There was a total amount contributed and expended of $44,125.71. $28,531.91 was collected by the State committee, and $15,593.80 was Out of the collected by the Republican committee of New Castle County. amount collected by the State committee, $10,000 was contributed to the New Castle County committee, and $3,500 to each of the other committees. New Castle County has about two-thirds of the vote. This money includes the total expenses for the whole Republican ticket, including United States Senator, candidate for Congress, State treasurer, State auditor, insurance commissioner, the full legislative ticket all over the State, and county offices for each of the counties. It is impossible, of course, to separate the items. My own contribution to the campaign fund was $2,000, and I may have spent $1,500 in addition to that. I can not give you the exact figures of my own expenses, because my secretary, who looked after this, went on a vacation immediately after the election, and I was assuming that I had 30 days before filing any report. The State committee has its account in very good shape, and I hope to get it to you by Monday. If there's any further information that I can give you, please advise me. DANIEL O. HASTINGS. WILMINGTON, DEL., November 13, 1930. Hon. GERALD P. NYE, Committee on Senatorial Campaign Expenditures, Senate Office Building, Washington, D. C. DEAR SENATOR NYE: I have the letter of the secretary of your committee, Mr. Donald O. Nye, under date of the 12th instant, asking for several questions as to the expenditures made by me on my behalf in the senatorial campaign in Delaware, which has just closed. I do not know whether you realize the fact, and it is a fact, that the Federal corrupt practices act covers the questions that you ask, and in response to the act I shall file a report. Inasmuch as my report will cover your questions, I will send you a copy of my report, which I trust will fully cover the ground set out in your question. Very truly yours, THOMAS F. BAYARD. WILMINGTON, DEL., November 17, 1930. Hon. GERALD P. NYE, Committee on Senatorial Campaign Expenditures, Senate Office Building, Washington, D. C. DEAR SENATOR NYE: In accordance with the statement of my letter to you of the 13th instant, I am inclosing herewith copy of the return which I have to-day made to Colonel Thayer, secretary of the United States Senate, touching my election expenses at the recent election held here in Delaware. Very truly yours, THOMAS F. BAYARD. RECEIPTS AND EXPENDITURES OF CANDIDATE FOR ELECTION AS UNITED STATES SENATOR (To be filed with the Secretary of the Senate, Washington, D. C., within 30 days after the general or special election. The depositing of this statement in an established post office, duly stamped, registered, and directed to the Secretary of the Senate, Washington, D. C., within the prescribed time, is a sufficient filing of the statement. In the event it is not received, a duplicate of such statement shall be promptly filed upon notice by the Secretary of the Senate of its nonreceipt.) TITLE III. FEDERAL CORRUPT PRACTICES ACT, 1925 (43 Stat. L. 1070) SEC. 201. This title may be cited as the "Federal Corrupt Practices Act, 1925.” SEC. 202. When used in this title (a) The term "election" includes a general or special election, and in the case of a Resident Commissioner from the Philippine Islands, an election by the Philippine Legislature, but does not include a primary election or convention of a political party. (b) The term "candidate" means an individual whose name is presented at an election for election as Senator or Representative, in, or Delegate or Resident Commissioner to, the Congress of the United States, whether or not such individual is elected. (d) The term "contribution" includes a gift, subscription, loan, advance, or deposit, of money, or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make a contribution. (e) The term "expenditure" includes a payment, distribution, loan, advance, deposit, or gift of money or anything of value, and includes a contract, promise, or agreement, whether or not legally enforceable, to make an expenditure. (g) The term "Clerk" means the Clerk of the House of Representatives of the United States. (h) The terms "Secretary means the Secretary of the Senate of the United States. SEC. 307. (a) Every candidate for Senator shall file with the Secretary and every candidate for Representative, delegate, or resident commissioner shall file with the clerk not less than 10 nor more than 15 days before and, also, within 30 days after the date on which an election is to be held, a statement containing complete as of the day next preceding the date of filing(1) A correct and itemized account of each contribution received by him or by any person for him with his knowledge or consent, from any source, in aid or support of his candidacy for election, or for the purpose of influencing the result of the election, together with the name of the person who has made such contribution. (2) A correct and itemized account of each expenditure made by him or by any person for him with his knowledge or consent, in aid or support of his candidacy for election, or for the purpose of influencing the result of the election, together with the name of the person to whom such expenditure was made; except that only the total sum of expenditures for items specified in subdivision (c) of section 309 need be stated. (3) A statement of every promise or pledge made by him or by any person for him with his consent, prior to the closing of the polls on the day of the election, relative to the appointment or recommendation for appointment of any person to any public or private position or employment for the purpose of procuring support in his candidacy, and the name, address, and occupation of every person to whom any such promise or pledge has been made, together with the description of any such position. If no such promise or pledge has been made, that fact shall be specifically stated. (b) The statements required to be filed by subdivision (a) shall be cumulative, but where there has been no change in an item reported in a previous statement only the amount need be carried forward. (c) Every candidate shall inclose with his first statement a report, based upon the records of the proper State official, stating the total number of votes cast for all candidates for the office which the candidate seeks, at the general election next preceding the election at which he is a candidate. SEC. 308. A statement required by this title to be filed by a candidate or treasurer of a political committee or other person with the clerk or secretary, as the case may be (a) Shall be verified by the oath or affirmation of the person filing such statement, taken before any officer authorized to administer oaths. (b) Shall be deemed properly filed when deposited in an established post office within the prescribed time, duly stamped, registered, and directed to the clerk or secretary at Washington, D. C., but in the event it is not received a duplicate of such statement shall be promptly filed upon notice by the clerk or secretary of its nonreceipt. (c) Shall be preserved by the clerk or secretary for a period of two years from the date of filing, shall constitute a part of the public records of his office, and shall be open to public inspection. SEC. 309. (a) A candidate, in his campaign for election, shall not make expenditures in excess of the amount which he may lawfully make under the laws of the State in which he is a candidate, nor in excess of the amount which he may lawfully make under the provisions of this title. (b) Unless the laws of his State prescribe a less amount as the maximum limit of campaign expenditures, a candidate may make expenditures up to(1) The sum of $10,000 if a candidate for Senator, or the sum of $2,500 if a candidate for Representative, Delegate or Resident Commissioner; or (2) An amount equal to the amount obtained by multiplying 3 cents by. the total number of votes cast at the last general election for all candidates for the office which the candidate seeks, but in no event exceeding $25,000 if a candidate for Senator or $5,000 if a candidate for Representative, Delegate, or Resident Commissioner. (c) Money expended by a candidate to meet and discharge any assessment, fee, or charge made or levied upon candidates by the laws of the States in which he resides, or expended for his necessary personal, traveling, or subsistence expenses, or for stationery, postage, writing, or printing (other than for use on billboards or in newspapers), for distributing letters, circulars, or posters, or for telegraph and telephone service, shall not be included in determining whether his expenditures have exceeded the sum fixed by paragraph (1) or (2) of subdivision (b) as the limit of campaign expenses of a candidate. SEC. 310. It is unlawful for any candidate to directly or indirectly promise or pledge the appointment, or the use of influence or support for the appointment of any person to any public or private position or employment, for the purpose of procuring support in his candidacy. SEO. 311. It is unlawful for any person to make or offer to make an expenditure, or to cause an expenditure to be made or offered, to any person, either to vote or withhold his vote, or to vote for or against any candidate, and it is unlawful for any person to solicit, accept, or receive any such expenditure in consideration of his vote or the witholding of his vote. SEC. 312. Section 118 of the Act entitled "An act to codify, revise and amend the penal laws of the United States," approved March 4, 1909, is amended to read as follows: "SEC. 118. It is unlawful for any Senator or Representative in, or Delegate or Resident Commissioner to, Congress, or any candidate for, or individual elected as, Senator, Representative, Delegate, or Resident Commissioner, or any officer or employee of the United States, or any person receiving any salary or compensation for services from money derived from the Treasurer of the United States, to directly or indirectly solicit, receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political purpose whatever, from any other such officer, employees, or person." SEC. 314. (a) Any person who violates any of the foregoing provisions of this title, except those for which a specific penalty is imposed by sections 312 and 111287-31-DEL- -6 |