$5,000; and every officer or director of any corporation who consents to any contribution by the corporation in violation of this section shall be fined not more than $1,000, or imprisoned not more than one year, or both. (Jan. 26, 1907, c. 420, 34 Stat. 864; Mar. 4, 1909, c. 321, § 83, 35 Stat. 1103; Feb. 28, 1925, c. 368, Title III, § 313, 43 Stat. 1074.)

Historical Note

This section is 313 of Act of Feb. 28, 1925, c. 368, 43 Stat. 1074. That section took the place of and is almost identical with the language of § 83 of the Criminal Code (see Act of March 4, 1909, c. 321, § 83, 35 Stat. 1103 cited to the text) which was repealed by 318 of the Act of Feb. 28,

Notes of

1. Constitutionality.-Congress has constitutional power to prohibit contributions to be made by certain corporations in connection with any election at which, among others, representatives in Congress are to be voted for. U. S. v. Brewers' Ass'n (D. C. Pa. 1916) 239 F. 163, wherein the court said: "If it should be held that

1925. Section 83 of the Criminal Code was in the language of the Act of Jan. 26, 1907, c. 420, 34 Stat. 864.

In the Acts of 1907 and 1909 the word "money" preceded the word "Contribution." The word "money" was omitted

in the Act of 1925.

Decisions

meaning of the act of Congress, might become a question for the court or jury in the light of all the circumstances of the case." U. S. v. U. S. Brewers' Ass'n (D. C. Pa. 1916) 239 F. 163.

8. Indictment.-An indictment against corporations for conspiracy to make unCongress exceeded its power in including, allege that offense with the particularity lawful campaign contributions, need not

among others, elections in which Presidential and Vice Presidential electors are

to be voted for, on the ground that they

are officers of the state and not of the federal government, that would not, in my opinion, invalidate the act, except as to that particular provision."

2. Money contributions.-The words "money contributions" as used in the earlier statutes were held to be "not vague and uncertain, but, on the contrary, their meaning was plain and their purpose as used in the statute unmistakable. Whether, in any given case, an expenditure by a corporation should be construed as 'a money contribution in connection with any election,' within the spirit, intent, and

of an indictment directly charging it as an offense. U. S. v. U. S. Brewers' Ass'n

(D. C. Pa. 1916) 239 F. 164.

§ 252. General penalties for violations. (a) Any person who violates any of the foregoing provisions of this chapter, except those for which a specific penalty is imposed by section 208 of Title 18, and section 251 of this title, shall be fined not more than $1,000 or imprisoned not more than one year, or both.

(b) Any person who willfully violates any of the foregoing provisions of this chapter, except those for which a specific penalty is imposed by section 208 of Title 18, and section 251 of this title, shall be fined not more than $10,000 and imprisoned not more than two years. (June 25, 1910, c. 392, § 11, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Feb. 28, 1925, c. 368, Title III, § 314, 43 Stat. 1074.)

$253. Expenses of election contests. This chapter shall not limit or affect the right of any person to make expenditures for proper legal expenses in contesting the results of an election. (June 25, 1910, c. 392, § 10, 36 Stat. 824; Aug. 19, 1911, c. 33, § 2, 37 Stat. 26; Feb. 28, 1925, c. 368, Title III, § 315, 43 Stat. 1074.)

254. State laws not affected. This chapter shall not be construed to annul the laws of any State relating to the nomination or election of candidates, unless directly inconsistent with the provisions of this title, or to exempt any candidate from complying with such State laws. (June 25, 1910, c. 392, § 8, 36 Stat. 824; Aug. 19, 1911, c. 33, 2, 37 Stat. 26; Aug. 23, 1912, c. 349, 37 Stat. 360; Feb. 28, 1925, c. 368, Title III, § 316, 43 Stat. 1074.)

§ 255. Partial invalidity. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the chapter and of the application of such provision to other persons and circumstances shall not be affected thereby. (Feb. 28, 1925, c. 368, Title III, § 317, 43 Stat. 1074.)

§ 256. Citation. This chapter may be cited as the "Federal Corrupt Practices Act." (Feb. 28, 1925, c. 368, Title III, § 301, 43 Stat. 1070.)

Section 271. Creation of office. There shall be an office to be known as the office of the legislative counsel, and to be under the direction of two legislative counsel. (Feb. 24, 1919, c. 18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. 353.)

§ 272. Appointment of legislative counsel; qualifications. One of the legislative counsel shall be appointed by the President of the Senate, and one by the Speaker of the House of Representatives, without reference to political affiliations and solely on the ground of fitness to perform the duties of the office. (Feb. 24, 1919, c. 18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. 353.)

$273. Compensation of legislative counsel. The positions of legislative counsel shall be allocated from time to time by the President of the Senate and the Speaker of the House of Representatives, jointly, to the appropriate grade in the compensation schedules of section 673 of Title 5. The rate of compensation of each of the two legislative counsel shall be fixed from time to time, within the limits of such grade, by the President of the Senate and the Speaker of the House of Representatives, respectively. (June 2, 1924, c. 234, § 1101, 43 Stat.

353.)

§ 274. Assistant legislative counsel; clerks and employees; office equipment and supplies. The legislative counsel shall, subject to the approval of the President of the Senate and the Speaker of the

House of Representatives, employ and fix the compensation of such assistant counsel, clerks, and other employees, and purchase such furniture, office equipment, books, stationery, and other supplies, as may be necessary for the proper performance of the duties of the office and as may be appropriated for by Congress. (Feb. 24, 1919, c. 18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. 353.)

§ 275. Duties of office; rules and regulations. The office of the legislative counsel shall aid in drafting public bills and resolutions or amendments thereto on the request of any committee of either House of Congress, but the Library Committee of the Senate and the Library Committee of the House of Representatives, respectively, may determine the preference, if any, to be given to such requests of the committees of either House, respectively. The legislative counsel shall, from time to time, prescribe rules and regulations for the conduct of the work, for the office for the committees of each House, subject to the approval of the Library Committee of each House, respectively. (Feb. 24, 1919, c. 18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. 353.)

$276. Disbursement of appropriations. One-half of all appropriations for the office shall be disbursed by the Secretary of the Senate and one-half by the Clerk of the House of Representatives. (Feb. 24, 1919, c. 18, § 1303, 40 Stat. 1141; June 2, 1924, c. 234, § 1101, 43 Stat. 353.)

§ 277. Official mail matter. The legislative counsel shall have the same privilege of free transmission of official mail matter as other officers of the United States Government. (June 2, 1924, c. 234, § 1101, 43 Stat. 353.)

Section 1. Time of appointing electors. The electors of President and Vice President shall be appointed, in each State, on the Tuesday next after the first Monday in November, in every fourth year succeeding every election of a President and Vice President. (R. S. § 131; Jan. 19, 1886, c. 4, § 3, 24 Stat. 2.)

Historical Note

R. S. 131 cited to the text was derived from Act of March 1, 1792, c. 8, § 1, 1 Stat. 239; Act of Jan. 23, 1845, c. 1, 5 Stat. 721.

Notes of Decisions

§ 2. Number of electors. The number of electors shall be equal to the number of Senators and Representatives to which the several States are by law entitled at the time when the President and Vice