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§ 184. (R. S. § 127, as amended, Act March 2, 1875, c. 119, § 1, Act March 2, 1887, c. 318.) How testimony to be sent to Clerk of House of Representatives; how opened; printing testimony, etc.; briefs.

All officers taking testimony to be used in a contested election case, whether by deposition or otherwise, shall, when the taking of the same is completed, and without unnecessary delay, certify and carefully seal and immediately forward the same, by mail or by express, addressed to the Clerk of the House of Representatives of the United States, Washington, District of Columbia; and shall also indorse upon the envelope containing such deposition or testimony the name of the case in which it is taken, together with the name of the party in whose behalf it is taken, and shall subscribe. such endorsement.

The Clerk of the House of Representatives, upon the receipt of such deposition or testimony, shall notify the contestant and the contestee, by registered letter through the mails, to appear before him at the Capitol, in person or by attorney, at a reasonable time to be named, not exceeding twenty days from the mailing of such letter, for the purpose of being present at the opening of the sealed packages of testimony and of agreeing upon the parts thereof to be printed. Upon the day appointed for such meeting the said clerk shall proceed to open all the packages of testimony in the case, in the presence of the parties or their attorneys, and such portions of the testimony as the parties may agree to have printed shall be printed by the Public Printer, under the direction of the said clerk; and in case of disagreement between the parties as to the printing of any portion of the testimony, the said clerk shall determine whether such portion of the testimony shall be printed; and the said clerk shall prepare a suitable index to be printed with the record. And the notice of contest and the answer of the sitting member shall also be printed with the record.

If either party, after having been duly notified, should fail to attend, by himself or by an attorney, the clerk shall proceed to open the packages, and shall cause such portions of the testimony to be printed, as he shall determine.

He shall carefully seal up and preserve the portions of the testimony not printed, as well as the other portions when returned from the Public Printer, and lay the same before the Committee on Elections at the earliest opportunity. As soon as the testimony in any case is printed the clerk shall forward by mail, if desired, two copies thereof to the contestant and the same number to the contestee; and shall notify the contestant to file with the clerk, within thirty days, a brief of the facts and the authorities relied on to establish his case. The clerk shall forward by mail two copies of the contestants' brief to the contestee, with like notice.

Upon receipt of the contestee's brief the clerk shall forward two copies thereof to the contestant, who may, if he desires, reply to new matter in the contestee's brief within like time. All briefs shall be printed at the expense of the parties respectively, and shall be of

like folio as the printed record; and sixty copies thereof shall be filed with the clerk for the use of the committee on Elections.

Act Jan. 10, 1873, c. 24, § 4, 17 Stat. 409. Act March 2, 1875, c. 119, § 1, 18 Stat. 338. Act March 2, 1887, c. 318, 24 Stat. 445.

R. S. § 127, as originally enacted, consisted of a provision nearly the same as the first paragraph set forth here, with a further clause authorizing the Clerk of the House, on the written request of either party, to open any deposition and furnish a copy to either party. This latter portion of the original section was repealed by Act March 2, 1875, c. 119, § 1, cited above; and the section was further amended by Act March 2, 1887, c. 318, also cited above, to read as set forth here.

§ 185. (R. S. § 128.) Fees of witnesses.

Every witness attending by virtue of any subpoena herein directed to be issued shall be entitled to receive the sum of seventy-five cents for each day's attendance, and the further sum of five cents for every mile necessarily traveled in going and returning. Such allowance shall be ascertained and certified by the officer taking the examination, and shall be paid by the party at whose instance such witness was summoned.

Act Feb. 19, 1851, c. 11, § 11, 9 Stat. 570.

§ 186. (R. S. § 129.) Fees of officers.

Each judge, justice, chancellor, chief executive officer of a town or city, register in bankruptcy, notary public, and justice of the peace, who shall be necessarily employed pursuant to the provisions of this chapter, and all sheriffs, constables, or other officers who may be employed to serve any subpoena or notice herein authorized, shall be entitled to receive from the party at whose instance the service shall have been performed such fees as are allowed for similar services in the State wherein such service may be rendered.

Act Feb. 19, 1851, c. 11, § 11, 9 Stat. 570.

(R. S. § 130. Superseded.)

This section prohibited payment by the House of Representatives for expenses incurred in prosecuting or defending a contested election case. It was practically superseded by the provision limiting such payments, contained in Act March 3, 1879, c. 182, § 1, post, § 187.

§ 187. (Act March 3, 1879, c. 182, § 1.) Limitation of payment for expenses of contest for seat in House of Representatives; account and vouchers therefor.

Hereafter no contestee or contestant for a seat in the House of Representatives shall be paid exceeding two thousand dollars for expenses in election contests; and before any sum whatever shall be paid to a contestant or contestee for expenses of election contest, he shall file with the clerk of the Committee on Elections a full and detailed account of his expenses, accompanied by the vouchers and receipts for each item, which account and vouchers shall be sworn to by the party presenting the same, and no charges for witness fees shall be allowed in said accounts unless made in strict conformity to section one hundred and twenty eight Revised Statutes of the United States. (20 Stat. 400.)

This was a provision accompanying appropriations for expenses incurred in contested election cases in the sundry civil appropriation act for the fiscal year 1880, cited above.

R. S. § 128, mentioned in this provision, is set forth ante, § 185.

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Sec.

CHAPTER EIGHT A

Contributions for Purpose of Influencing Elections

This chapter, inserted here as additional to the original chapters of Title II of the Revised Statutes, includes the provisions of Act June 25, 1910, c. 392, entitled "An act providing for publicity of contributions made for the purpose of influencing elections at which Representatives in Congress are elected," as amended by Act Aug. 19, 1911, c. 33, entitled "An act to amend" said firstmentioned act, "and extending the same to candidates for nomination and election to the offices of Representative and Senator in the Congress of the United States and limiting the amount of campaign expenses," and further. amended by Act Aug. 23, 1912, c. 349, 37 Stat. 360.

188. "Political committee" defined.
189. Political committee to have chair-
man and treasurer; treasurer's
duties.

190. Receipts for payments, etc., by po-
litical committee to be preserved.

191. Account to treasurer and record of contributions, etc.

192. Statements of treasurer to be filed

with Clerk of House of Repre-
sentatives; to be preserved and
open to inspection.

193. Details of statements.

(1) Contributions, etc., of $100 or

more.

(2) Aggregate of contributions,
etc., of less than $100.

(3) Total of contributions, etc.
(4) Disbursements, etc., of $10 or

more.

(5) Aggregate

of disbursements,

etc., of less than $10.

(6) Total of disbursements, etc. 194. Statements by others than political committees of expenditures, etc., of $50 or more.

195. (1) "Candidate" defined.

(2) Statements by candidate for
nomination or election as
Representative, of moneys,
etc., received and expended,
etc., to be filed with Clerk of
House of Representatives,
before nomination and before
election.

(3) Statements by candidate for

nomination or election as
Senator, of moneys, etc., re-
ceived and expended, etc., to
be filed with Secretary of
Senate, before nomination
and before election.

(4) Statements by candidate of
moneys, etc., received and
expended, etc., to be filed
after nomination and after
election.

Sec.

(5) Statements by candidates to include statement of promises, etc., made relative to appointment, etc., or that no such promise, etc., has been made.

con

(6) Candidates forbidden to promise office, etc.; candidates for Senator forbidden to tribute, etc., to nomination or election of candidate for legislature of State; contributions to political committees permitted.

(7) Contributions or expenditures, etc., by candidates not to exceed amount allowed under laws of State; limit of aggregate for candidate for Representative for Senator; assessments, etc., under laws of State, and certain personal expenses, not within this section.

(8) Details in successive state

ments.

(9) Person contributing, etc., to nomination or election of member of legislature, and thereafter a candidate for or elected Senator, required to comply with this section; details of statements.

(10) Verification of statements; officers before whom to be made; filing statements by registered mail.

(11) Effect of act on laws of State. 196. Personal expenses for traveling, stationery, etc., for influencing, in two or more states, election of Representatives, not subject to

act.

197. Legal expenses in election contests not limited or affected by act. 198. Punishment for violation of act.

§ 188. (Act June 25, 1910, c. 392, § 1.) "Political committee" defined.

The term "political committee" under the provisions of this Act shall include the national committees of all political parties and the national congressional campaign committees of all political parties and all committees, associations, or organizations which shall in two or more States influence the result or attempt to influence the result of an election at which Representatives in Congress are to be elected. (36 Stat. 822.)

§ 189. (Act June 25, 1910, c. 392, § 2.) Political committee to have chairman and treasurer; treasurer's duties.

Every political committee as defined in this Act shall have a chairman and a treasurer. It shall be the duty of the treasurer to keep a detailed and exact account of all money or its equivalent received by or promised to such committee or any member thereof, or by or to any person acting under its authority or in its behalf, and the name of every person, firm, association, or committee from whom received, and of all expenditures, disbursements, and promises of payment or disbursement made by the committee or any member thereof, or by any person acting under its authority or in its behalf, and to whom paid, distributed, or disbursed. No officer or member of such committee, or other person acting under its authority or in its behalf, shall receive any money or its equivalent, or expend or promise to expend any money on behalf of such committee, until after a chairman and treasurer of such committee shall have been chosen. (36 Stat. 823.)

§ 190. (Act June 25, 1910, c. 392, § 3.) Receipts for payments, etc., by political committee to be preserved.

Every payment or disbursement made by a political committee exceeding ten dollars in amount be evidenced by a receipted bill stating the particulars of expense, and every such record, voucher, receipt, or account shall be preserved for fifteen months after the election to which it relates. (36 Stat. 823.)

§ 191. (Act June 25, 1910, c. 392, § 4.) Account to treasurer and record of contributions, etc.

Whoever, acting under the authority or in behalf of such political committee, whether as a member thereof or otherwise, receives any contribution, payment, loan, gift, advance, deposit, or promise of money or its equivalent shall, on demand, and in any event within five days after the receipt of such contribution, payment, loan, gift, advance, deposit, or promise, render to the treasurer of such political committee a detailed account of the same, together with the name and address from whom received, and said treasurer shall forthwith enter the same in a ledger or record to be kept by him for that purpose. (36 Stat. 823.)

§ 192. (Act June 25, 1910, c. 392, § 5, as amended, Act Aug. 19, 1911, c. 33, § 1.) Statements by treasurer to be filed with Clerk of House of Representatives; to be preserved and open to inspection.

The treasurer of every such political committee shall, not more than fifteen days and not less than ten days next before an election at which Representatives in Congress are to be elected in two or more States, file in the office of the Clerk of the House of Representatives at Washington, District of Columbia, with said Clerk, an itemized detailed statement; and on each sixth day thereafter until such election said treasurer shall file with said Clerk a supplemental itemized detailed statement. Each of said statements shall conform to the requirements of the following section of this Act, except that the supplemental statement herein required need not contain any item of which publicity is given in a previous statement. Each of said statements shall be full and complete, and shall be signed and sworn to by said treasurer.

It shall also be the duty of said treasurer to file a similar statement with said Clerk within thirty days after such election, such final statement also to be signed and sworn to by said treasurer and to conform to the requirements of the following section of this Act. The statements so filed with the Clerk of the House shall be preserved by him for fifteen months and shall be a part of the public records of his office and shall be open to public inspection. (36 Stat. 823. 37 Stat. 25.)

This section, as originally enacted, contained only provisions for the filing, etc., of a statement after election, similar to those of the second paragraph of the section as set forth here. It was amended by Act Aug. 19, 1911, c. 33, § 1, cited above, chiefly by inserting the requirements as to statements before election, contained in the first paragraph.

§ 193. (Act June 25, 1910, c. 392, § 6, as amended, Act Aug. 19, 1911, c. 33, § 1.) Details of statements.

The statements required by the preceding section of this Act shall state:

(1) Contributions, etc., of $100 or more.

First. The name and address of each person, firm, association, or committee who or which has contributed, promised, loaned, or advanced to such political committee, or any officer, member, or agent thereof, either in one or more items, money or its equivalent of the aggregate amount or value of one hundred dollars or more, and the amount or sum contributed, promised, loaned, or advanced by each.

This subdivision was amended by Act Aug. 19, 1911, c. 33, § 1, by adding, at the end thereof, the words "and the amount or sum contributed, promised, loaned, or advanced by each."

(2) Aggregate of contributions, etc., of less than $100.

Second. The aggregate sum contributed, promised, loaned, or advanced to such political committee, or to any officer, member, or agent thereof, in amounts of less than one hundred dollars.

This subdivision was amended by Act Aug. 19, 1911, c. 33, § 1, by substi

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