After the convention was through, of course, my committee went out of existence. It was just simply for that purpose, and I have taken up the reins since that time with the regularly organized and selected and elected Democratic committees throughout the State.

I might say, with respect to our practice here in the Democratic party, that we elect our committees by regular rules obtaining in the Democratic Party, and those committees function on behalf of the party, and since the convention on the 16th of September I have thrown in with them and my other committee has passed away. So all my efforts since that have been with the regular Democratic committee.

Now if you want me to go further in my statement in regard to what I did with funds and so forth—

The CHAIRMAN. Senator, if I may suggest, I don't know who amongst those who have been asked to appear this morning could give us a better picture of the laws governing nominating conventions and primaries leading up to that than you could. I wonder if you would give us that picture? As the committee understands, the primary law in Delaware is not a direct primary to choose candidates, but is a primary confined alone to the election of delegates who, in turn, choose the candidates. Now, in the conduct of the campaign this year, were there candidates or delegates pledged to yourself, others pledged to Mr. Marvel, who were seeking the favor of the voters of their districts?

Mr. BAYARD. May I answer that in full, Mr. Chairman?
The CHAIRMAN. Yes; I wish you would.

Mr. BAYARD. Our practice here-and we have a law governing the selection of delegates, and it is a State law, to the State convention-is that names are filed with the county committee in each county, or the city committee, if it be here in the city, within a certain time prescribed by the law, and then those names are printed on tickets which are furnished by the chairmen of the several county committees or the city committees, as the case may be, and they are used on what we call primary election day, when the voters present themselves at the election booths and are voted upon a list furnished by the clerk of the peace, which is supposed to be a correct transcript of the list of registered voters, qualified to vote at the coming election. Our system is we have a sheet of paper probably as large as that [indicating] and similar in shape to this piece of blotting paper, and on that is printed all the names of all the delegates for all the candidates who would be voted for at the State convention, and when you come to the delegates for the convention or the names of the people to run for the various State offices you just erase one, erase two, erase how many there may be necessary to erase, and leave the remainder. That is done with pencil. It is a very simple way of doing this. Those people get their names on there in the manner which I have described to you, furnished by the committees of the party in the several counties, and then the party, through its machinery, prints the tickets and the election is held by striking out those you don't want to vote for. Those names appear there at the request, directly or indirectly, of the candidates who will go before the convention seeking the votes at the convention. You can use the word pledged or promised. Yet, I suppose that is the proper thing.

In other words, there were Marvel candidates and Bayard candidates to the convention. A great many of them, I suppose Mr. Marvel felt, as well as myself, were directly or indirectly, or through our friends, pledged, in that sense, to vote for us in the election. Senator PATTERSON. Was there any designation on the ballot as to whether or not they were Marvel delegates or Bayard delegates? Mr. BAYARD. No, sir. They merely appeared by names. It is a party thing, and you make your choice within the party, and you are supposed to know. I might say, Senator Patterson, in relation to that, our practice provides for an enormous number of ballots, so that the tickets are marked outside of the poll and handed to people. They say, "How do I vote for such and such a delegate, or such delegate for such and such a person?" That is explained to them, and very frequently the tickets are marked by the erasure of the names they don't want to vote for, leaving on the ticket the names that they do want to vote for, who in turn will vote for the candidate they have in mind for the office.

The CHAIRMAN. They can take that ballot, then, given to them outside of the polls and carry it to the polls and cast that ballot, can they?

Mr. BAYARD. They can what?

The CHAIRMAN. They can receive a ballot marked outside of the polls and carry it to the polls and cast it?

Mr. BAYARD. It is not the Australian system at all, Senator. It is just a simple open-and-aboveboard system. You can take this and fold it up like this [indicating] and your name and address is asked, they see if you are qualified to vote, and they mark it, and your ballot is put in the box.

The CHAIRMAN. Who pays for the printing of the ballots?

Mr. BAYARD. My recollection is-and I am not quite certain of that that that cost is certified to the clerk of the peace in the several counties, and an allowance is made under the law. I don't know whether there is an upset allowance or not, but some allowance is made for that. Besides that, it has been the custom that the candidates will cause to be printed an excess number of ballots for their own people to go around, their workers, on primary election day, but my recollection is that the ordinary cost of that thing is defrayed by the county officials, under the provisions of the primary election law. I am not quite certain of that, Senator, but I think I am right.

The CHAIRMAN. Who then supervises the conduct of the election? Mr. BAYARD. The officers supervising the conduct of the election are people appointed by the party, by the county committees in the several counties, or the city committee in the city.

The CHAIRMAN. So that then the county or State has no direct contact with the primary in Delaware?

Mr. BAYARD. No, sir. The only time we have a direct State officer in charge of election is on registration day and on the final day of election. Those are appointed by regular process by the governor, and the clerks are appointed by subordinates who are selected by the governor. We call them registrars and judges of election. Would the committee like to have a copy of our laws, which I will be glad to furnish at any time?

The CHAIRMAN. I think the committee should possess itself with that. There is no need of making it a part of the record, I think, but it would be well for us to have it.

Is the conduct of the Democratic primary, Senator, different than the conduct of a Republican primary?

Mr. BAYARD. So far as I know-I have never attended a Republican primary, Senator, but I would assume it is pretty much the same. The machinery is the same. That I am sure of.

The CHAIRMAN. That is what I am thinking about. The machinery providing for primaries is the same in either party?

Mr. BAYARD. As far as I know, it is just the same.

The CHAIRMAN. The campaign, then, for the choice of a candidate, leading up to a convention, is primarily work of insuring delegates on the ballot in the various districts?

Mr. BAYARD. Of course they want to get the nomination at the convention, so that they have their good points, if you please, brought before the people of the State who will be qualified to vote for delegates, and that is done through their friends and their workers in the party throughout the State.

The CHAIRMAN. Now presuming, Senator, that there was only one set of delegates in a district pledged to some one candidate for the United States Senate. Let us put it in a more concrete manner. Let us assume that there is a district in which you had no opposition at all. Would that necessitate the holding of a primary?

Mr. BAYARD. May I cite a case in point? In the tenth ward here in Wilmington there was no opposition to the delegates who had filed on my behalf. They were elected without opposition as delegates.

The CHAIRMAN. But there was no election held, was there?

Mr. BAYARD. I don't know. I was not in the tenth ward, but I assume there was some form of election. There were booths open there.

The CHAIRMAN. I understood, Senator Bayard, that in an event. of that kind the names of the delegates were certified directly, and that there was no need, no occasion for an election at all then.

Mr. BAYARD. Why, Senator, even when there is no contest that way we have to go through the form of election. Don't you see what I mean? And I assume that the form of election was gone through there, because it was necessary to elect those men, under the law. I was not in the tenth ward on election day and could not tell you, but I should assume that there was, for more reasons than one. I would say this, very frankly, if Mr. Marvel would have discovered that there had been no proper election of delegates in the tenth ward it would have been his duty, on behalf of himself as a candidate, to see that the delegates from the tenth ward were not accepted as delegates, because there was no election held there. But he did not do so, and therefore I assume the law was complied with. I think in the State there were other districts where there was no contest, but the vote was had just the same.

The CHAIRMAN. Now take the case of Senator Hastings. He had no opposition whatever, did he, in the primaries or convention, and yet these primary elections, so-called, were held in advance of the election in each case?

Mr. BAYARD. In which he was nominated. That is quite true. As I understand the Senator Hastings case, he had no opposition to his nomination looking toward his reelection this fall, but there were contests in some of the districts for delegates to that convention, but I don't think the question of Senator Hastings candidacy had a thing to do with those contests. They went off on something entirely different. But I assume, of course, that all of those districts formally went through the procedure of electing delegates to the Republican State convention. I am sure they did. For instance, two years ago, Senator, when I was a candidate for the Senate, the people were not elected as delegates pledged to any candidate. I had no opposition of any kind, and I had the honor of being nominated by acclamation, there being no other nomination, just as Senator Hastings, I think, was nominated by acclamation in the Republican convention.

If there is any other detail question as to what you might call local practice that you think I can help in any way the committee, I would be glad to.

The CHAIRMAN. It is quite necessary for the committee to get that background in order that we may better understand the manner of choosing candidates for the Senate. I think of nothing more, though, along that line.

You have said that Mr. Curley was entrusted with the conduct of your campaign.

Mr. BAYARD. Yes, sir.

The CHAIRMAN. Mr. Curley is here?

Mr. BAYARD. Mr. Curley is here, sir.

The CHAIRMAN. And I expect is in position to make a report to the committee?

Mr. BAYARD. As I told you, he is prepared to make a report. The CHAIRMAN. Did he make any reports to you during the conduct of the campaign at all?

Mr. BAYARD. No, we just would talk over things occasionally from time to time, but there was no report made to me, because that was not deemed necessary at all. As a matter of fact no report was drawn up. You see, Senator, it is a peculiar situation. We have no State law requiring report touching the election of delegates where a Senator is nominated, and we have no national law touching such matters, so you have asked for something which heretofore has never been prepared, but because of your letter I have asked Mr. Curley to make such preparation.

The CHAIRMAN. Thank you, Senator.

Mr. BAYARD. Our State law does provide if you should spend to exceed $50 in the primary you must file a report with the Secretary of State in Dover, and if you spend to exceed $50 in the election you must file the report with the Secretary of State in Dover. That is our State capital. That is the law. Our corrupt practices act made no provision for filing primary expenses, but it does make a provision for filing 10 days before and ten days after a report touching election expenses.

The CHAIRMAN. Would that require Mr. Curley and his organization to make report of their expenses?

Mr. BAYARD. When I file my report down in Washington I shall make no report whatever of what was expended in the primary election by us, because our law does not require that.

The CHAIRMAN. But does your State law require that organization to file a report?

Mr. BAYARD. The State law only requires that the candidate shall do it, and as a matter of fact, as I told you in my letter, I did not spend a penny in the primary campaign, so that no report will be filed, so far as the State is concerned, in the secretary of state's office.

The CHAIRMAN. That is all, Senator. Thank you very much.

TESTIMONY OF CHARLES F. CURLEY, WILMINGTON, DEL.

(The witness was duly sworn by the chairman.) The CHAIRMAN. Your full name, Mr. Curley?

Mr. CURLEY. Charles F. Curley.

The CHAIRMAN. Your home is in Wilmington, Mr. Curley?
Mr. CURLEY. Wilmington, Del.

The CHAIRMAN. Do you occupy any official position?

Mr. CURLEY. No.

The CHAIRMAN. You were active in the conduct of the late campaign leading up to the convention for the nomination of candidates for United States Senator?

Mr. CURLEY. Around about the end of July or first of August, somewhere around there, Senator Bayard told me that he proposed to put his hat in the ring, and try for the Democratic nomination this year as United States Senator. We had a talk about it, and Senator Bayard and I have been intimate friends for quite a number of years, and he put it up to me as a personal matter if I would not take charge of this movement, and I agreed to do so. Now, Senator Bayard told me of your telegram to him of two or three days past, whatever day it was, and of your suggestion that he in person or the committee which had acted for him should be prepared to make a report to this committee. My inference from your telegram at that time, handed me by Mr. Bayard, was that you desired a report from the committee which we will call the Bayard committee rather than an examination of the members of that committee, and with that idea in mind I prepared a report which, if you will allow me to read it—it is only two or three pages long-I think will probably anticipate a number of questions which both Senators might be otherwise inclined to ask me.

The CHAIRMAN. We will be very glad, Mr. Curley, if you will read to the committee the report.

Mr. CURLEY (reading):

Report of Bayard committee, a committee formed about August 3 for the purpose of aiding in the nomination of Thomas F. Bayard as candidate for United States Senator by the Democratic convention of September 16.

At the outset this committee, while it strongly felt that the large majority of Democratic voters of the State desired the nomination of Mr. Bayard rather than the nomination of Mr. Marvel (the particular reasons for this desire being Mr. Bayard's unequivocal stand on the prohibition issue, and his record of service in the United States Senate) was nevertheless confronted with a