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[From the Sunday Star, July 30, 1939]

Signing of Hatch Bill Will Open
New Era in American Politics
Ban on Activity by Government Employes Likely
To Mean Wholesale Change in Delegations
to 1940 National Conventions

By J. A. O'Leary.

The national conventions of 1940 will usher in a new era in American politics If President Roosevelt makes the Hatch bill a law by signing it.

ures, this came to be regarded as something that would be debated now and then, but never passed. Within the past three months, however, it gained sur

Throughout the country local political prising strength and is now an impor

leaders no doubt are waiting with more than casual interest to see what the President will do, because even the stanchest friends of the measure, designed to divorce the Government service from politics, do not believe it could be passed over a White House :vėto.

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The section of the bili prohibiting nearly all holders of patronage juos from going as delegates to the conventions would cause wholesale changes in the cast of characters of the next Democratic Conclave. Likewise, whenever the Republicans are in power it would change materially the make-up of G. O. P delegations by preventing all except oals in policy-making positions from taking any active part in the management of campaigns.,

For many years the conventions of both parties have been marked by the presence of a goodly number of officeholding delegates, Republican or Democratic, depending on which party was in power the preceding four years to dispense the patronage.

There has been periodic agitation for restrictive legislation, on the theory that an ofce-holding delegate is likely to vote to retain the power that appointed him. But, like so many reform meas

tant feature of the Hatch bill, which

seeks also to protect relief workers and Government employes generally from political coercion.

Measure Twice Defeated.

The headway made at this session on the proposal is all the more remarkable when it is recalled that in April of 1938 -only 15 months ago-the Senate defeated by a decisive vote a move by Senator Hatch, Democrat, of New Mexico, couched in the identical language of the present bill, to bar political appointees from active campaigning, such as becoming delegates to party conventions.

Then came the work-relief bill of June, 1938, when Senator Hatch again was defeated, by a narrow margin, in an effort to ban politics from relief. In the ensuing primary and election campaigns charges of politics in relief flew thick and fast, keeping the Senate Campaign Expenditures Committee, headed by Senator Sheppard, Democrat of Texas. busy until Congress met in January..

When Congress reconvened several bills were drafted and referred to the PriviAfter leges and Elections Committee. the committee had gone over them,

Senator Sheppard, Senator Hatch and Senator Austin, Republican, of Vermont, Joined in offering the measure which now needs only the President's signature to make it a law. The allegations made during the 1938 campaign undoubtedly gave the bill the strength it needed to get through the Senate and House.

The bill is being interpreted by many In political circles here as an aid to the boom for Vice President Garner for the Democratic nomination next year. Undoubtedly it would make it somewhat harder for New Dealers to line up a Roosevelt third-term convention-assuming the President decides to run. To that extent, it would help any aspirant seeking to succeed Mr. Roosevelt.

Began Work in 1936.

But, to show that he was not thinking of next year, Senator Hatch points out that he began working on the bill immediately after the 1936 convention, when no thought was being given to 1940, or to possible candidates for that year. In fact, the New Mexico Senator was attracted to the subject first by the efforts of a Republican, the late Senator Steiwer of Oregon, who began prior to 1935 urging the Senate to prohibit the selection of Government office holders as delegates to political conventions.

Discussing the effect of the bill on future political conventions, Senator Hatch said:

"I hope that with the elimination of Government office holders from the conventions, citizens generally will take a greater interest in the affairs of the political parties. I hope that interest will increase, and I believe it will make for freer and better conventions."

The section of the bill which would Jeave United States marshals, district attorneys, customs officers and a host of other Government appointees ineligible to be convention delegates, or to take the stump as campaign orators, reads as follows:

"It shall be unlawful for any person employed in the executive branch of

the Federal Government, or any agency or department thereof, to use his official authority or influence for the purpose of interfering with an election or affecting the results thereof. No officer or employe in the executive branch of the Federal Government, or any agency or department thereof, shall take any active part in political management or in political campaigns. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects. For the purposes of this section the term 'officer' or 'employe' shall not be construed to include (1) the President and Vice President of. the United States; (2) persons whose compensation is paid from the appropriation for the office of the President; (3) heads and assistant heads of executive departments: (4) officers who are appointed by the President, by and with the advice and consent of the Senate, and who determine policies to be pursued by the United States in its relations with foreign powers or in the Nation-wide administration of Federal laws.

"Any person violating the provisions of this section shall be immediately removed from the position or office held by him, and thereafter no part of the funds appropriated by any act of Congress for such position or office shall be used to pay the compensation of such person."

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There is a possibility that the Hatch bill, if it becomes a law, would face a court test at the first opportunity. Such a test probably would be based on the action of the House in making certain of its provisions apply to nominating primaries as well as elections.

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The late Senator Stelwer, keynote speaker of the 1936 Republican Convention, who died early this year, made every effort in 1935 to put through a bill barring office holders from convention, but without success. Addressing the Senate on the subject four years ago, he said:

"National conventions are held in plain view of the public. Speeches are transmitted by radio to the far corners of the Nation. Platforms are written into permanent records. There is little chance in such a convention to pervert the people's will save by the one recognized abuse which would be ended by the bill which I now discuss."

"Appointing Power Controls."

Again referring to the presence of Government office holders as delegates, the former Oregon Senator declared:

"Neither high purpose on the part of the people, nor publicity of the proceedings of the convention can make a free man out of a subservient political appointee."

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In his fight for the legislation at that time Senator Steiwer did not bear lightly on the part office-holding delegates have played in Republican conventions. fact, he pointed out that when the Republicans were in power, G. O. P. delegations from the South have figured prominently in nominating the party ticket, even though the Southern States subsequently would not cast any electoral votes for the Republican ticket, except in 1928, when the solid Democratic South was broken.

Former Senator Steiwer summed up his contention thus:

"Where the majority of the delegates are Federal appointees, and the unit rule is resorted to, there is only one result, and that is that the political influence which made the appointments controls the delegations. In the Republican conventions the delegations from the solid South more often than not are appointees of the Federal Government. They are the henchmen of the faction in power. In the Democratic conventions

Democratic postmasters, marshals and United States attorneys may be found from States which rarely ever support the Democratic nominee in the fall elections."

After the 1936 conventions, when Senator Hatch began to study the subject, he found the Steiwer bill already in existence and he consulted with the Oregon Senator in reviving the question.

Before Democratic Split.

It is significant to note also that this was before any sharp cleavage began to develop in Democratic senatorial ranks. as between New Dealers and conservatives, which did not begin to take form until the fight over the President's Supreme Court plan.

Since the House and Senate gave the Hatch bill final approval, discussion of the ban on office-holding delegates has overshadowed the other equally strong provisions of the bill. Briefly, these other features are:

Section 1 makes it unlawful for any ône to intimidate, threaten or coerce, or to make such an attempt, for the purpose of interfering with the right of such person to vote as he chooses, or of causing such other person to vote for, or not to vote for, any candidate for President, Vice President, Senator or Representative.

Section 2 makes it unlawful for any person employed in any administrative position by the United States, or by any department, independent agency (including corporations controlled by the United States or any agency thereof, and any corporation, all of the capital stock of which is owned by the United States) to use his official authority for the purpose of interfering with, or affecting the election or the nomination of any candidate for President, Vice President, Senator or Representative.

Section 3 makes it unlawful, directly or indirectly, to promise any one employment or other benefit made possible in whole or in part by any act of Congress to any person as a consideration or re

ward for political activity, or for the support of or opposition to any candidate or any political party in any election.

Section 4 makes it unlawful to deprive any one of employment or other benefit made possible by an act of Congress on account of race, creed, color or any political activity, support of or opposition to any candidate.

Relief Workers Protected.

Section 5 makes it unlawful for any person to solicit or receive any assessment or contribution for any political purpose whatever from any person known to be entitled to or receiving compensatica, employment or other benefit made possible by congressional work relief or relief appropriations.

Section 6 makes it unlawful for any one, for political purposes, to disclose or furnish lists of names of relief workers to any political candidate, committee or campaign manager. It also makes it a violation of law for any one to receive such a list for political purposes.

Section 7 declares that no appropria

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tion for relief or for increasing employment by loans and grants shall be used for the purpose of interfering with, restraining or coercing any individual in the exercise of his right to vote at any election.

Section 8 fixes the penalty for violations of any of the preceding seven sections as a fine of not more than $1,000, or imprisonment for not more than one year, or both.

Section 9 is the much discussed ban on active participation of Government employes in campaigns, already quoted, which carries its own penalty clause of removal from office.

Section 9a forbids any person employed In any capacity by the Federal Government to have membership in any political organization which advocates the overthrow of this form of government.

Section 10 makes all provisions of this bill an addition to, and not a substitute for, existing laws on the subject, and, section 11 is the usual declaration that if any part of the measure is held invalid. it shall not affect the remainder.

DOMESTIC AFFAIRS STUDIES

THE HATCH ACT

A Civil Libertarian Defense

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