One certain consequence of the prohibition of large contributions

will be greater activity on the part of campaign collectors to secure

contributions in smaller amounts. This would seem desirable in every

way. Until we commit ourselves to the principle of state subsidies it

ought to be part of common school instruction everywhere to insist on

the duty of the voter to contribute something toward party support.

Possibly large contributions might be found unobjectionable in the

future if given for some specific purpose, the circulation of a certain

speech, for example, or some other educational form of political

activity. Considering the abuses which have been charged against

campaign managers the almost universal habit of making gifts to them

on a _carte blanche_ basis is remarkable to say the least. Taking a

suggestion from educational practice, large campaign contributions

might be further legitimatised in case it were stipulated, that equal

amounts should be raised in small sums by campaign managers. If the

time be short in which to comply with a condition of this sort, the

interest in such collections, on the other hand, would be very great.

Certainly it could scarcely be argued that a sum thus collected

represented nothing more than the selfish desire of a rich man to

promote one of his personal interests.

Besides prohibiting or limiting contributions from certain sources it

may also prove desirable to fix time limits within which large gifts

may not be received. Among other conditions voluntarily accepted in

1908 the Democratic National Committee pledged itself to receive no

contribution above $100 within three days of the election. The time

limit in this case was scarcely long enough to be very impressive, but

the principle involved is of some importance. Such facts as we possess

with regard to the history of campaign funds indicate “fat-frying”

of a most strenuous and compromising character during the last few

days preceding an election. Alarmist and hysterical reports about

doubtful states were prepared on both sides and presented tearfully and

confidentially to men of wealth, to candidates, and to other persons

from whom money might perchance be obtainable. The probability is very

strong that the great sums thus raised and of necessity spent at the

eleventh hour were more largely subject to waste, theft, and corrupt

use, than any other money which was placed in the hands of campaign

managers. Prohibition of contributions within a short period prior to

election or their limitation in amount during such period ought to

reduce this evil considerably, at least on the collecting side. If

subjected to such a restriction campaign managers will, of course, seek

to secure as large a sum as possible before the time limit expires, and

they will also take care to keep a sufficient reserve on hand for the

culminating needs of the campaign. Nevertheless they will be pretty

effectually estopped from calamity howling at the last minute as a

means of obtaining large additional “slush” funds.

A very important question is raised by one section of the Wisconsin

law of 1897,[96] which provides that contributions to aid certain

candidates may be made only by residents of their districts. So far as

ascertainable this is the only case of a geographical limitation upon

the gathering of campaign funds. It is a matter of common knowledge

that in national contests very great sums collected on the outside are

poured into doubtful states, sometimes with material influence upon the

results. Large amounts of money are occasionally massed in a single

district to elect a particularly strong, or to defeat a particularly

obnoxious member of Congress. In state and local contests the same sort

of financial manipulation is not unusual. Our laws, unlike those of

England, do not permit plural voting. An American citizen votes where

he resides. No matter how great may be his property holdings he cannot

vote elsewhere. But he may spend his dollars anywhere in support of

candidates and policies, or his contributions may be similarly employed

by the party managers to whom they are handed. It is too early to

discuss the equities of a situation the moral obliquity of which is as

yet so dimly perceived. A principle of some importance, however, would

seem to underlie the Wisconsin prohibition against invasion by foreign

campaign contributions.

Assuming publicity and other necessary restrictions of campaign

funds to have been put into effect, the question may be raised

as to whether business interests could secure proper hearing for

themselves in political affairs. It must be conceded at once that

government should act always with due regard to economic factors. Many

campaign contributions of times past, including even some of the most

objectionable, were made by business men who felt that while by so

doing they were pledging public officials in their favour they were

at the same time pledging these officials to that course of conduct

which was best for the prosperity and welfare of the country as a

whole. Quite apart from all moral considerations such contributions

were looked upon as a sort of business tax, made necessary by our

democratic political conditions, and as such fundamentally justifiable.

There is no excuse for not knowing better now; in a short time there

will be absolutely no justification for tolerating contributions made

on this basis. Business men who pursued the old policy were following

what looked like a short and easy cut to their immediate ends. In

reality they were piling up class hatred, restrictive legislation,

obnoxious taxes, and various instalments of socialism. Fortunately this

destructive process, so far as objectionable campaign contributions

minister to it, is likely to be checked. But legitimate businesses,

including big monopolistic concerns properly conducted, will not be

debarred by publicity and the regulation of campaign contributions

from the use of a great many open and effective means of bringing

their interests to the attention of government. Of course grafting

business will receive a set-back, but this is exactly what is desired.

Our great economic interests would probably be in a far healthier

condition to-day if they had employed legitimate agencies only in the

past, and neglected altogether the short and dangerous cut to political

influence offered by large campaign contributions. Business is now

learning the value of frank and honest methods of dealing with the

people, of publicity on its own account as contrasted with the old

public-be-damned attitude. Internal reforms of business practices, the

correction of abuses from within and by insiders, are seen to be much

less costly than the application of legislative sledge-hammers. The

American people is far from radical at heart. Given full and honest

expositions of the case for business it is highly improbable that rash

and destructive policies will triumph in the future, any more than they

were wont to triumph in time past when business interests fought them

in a manner scarcely less objectionable than the subversive policies

themselves. And always back of the public opinion and temper of the

people there are constitutional guaranties and the courts to maintain

them,—safeguards stronger in all probability than those possessed

by property in any other civilised nation in the world to-day.[97]

Manifestly it will require much more than a reform of our present

system of collecting campaign funds to prevent the proper and adequate

hearing by governmental authorities of the legitimate business

interests of the country.

By way of objection to such limitations of campaign contributions as

have been proposed it might be urged that since gifts of services as

well as gifts of money are made to campaign committees the former

as well as the latter must logically be subjected to regulation.

In certain cases it may be admitted that regulation of services is

necessary. Particularly is this true of civil service employees. It

is by no means improbable that it may be found advisable to enforce

by law their complete abstention from all kinds of political work,

leaving them nothing beyond the right to cast their vote. Certainly a

very considerable amount of trouble is experienced at the present time

in keeping them clearly within the legal, but not always self-evident,

lines drawn by civil service acts and rulings. With this exception,

perhaps, there would seem to be every reason to leave campaign

contributions of services free from every restriction but publicity.

No means should be neglected of encouraging the widest possible

participation by amateurs in party activities and party management, and

this is one such means. It is true, of course, that the services of

some exceptionally able men may be equivalent to money gifts of tens

or hundreds of thousands of dollars, and also that such gifts may not

be equally or even proportionally divided among the parties. Normally,

however, the differences between individuals as to their political

abilities are not to be compared in magnitude to the existing enormous

differences in wealth which have made regulation of money contributions

a necessity. And if one party is pre-eminently the gainer through

gifts of services by brilliant men certainly it would seem to deserve

any advantage thus obtained. Its rivals may thereby learn the value

of the enthusiastic support of men of talent, and bestir themselves

to revise their own programmes so that such men may be induced to

enlist in their fighting columns. It is possible that minor parties

and reform movements are relatively more successful in this way than

the great parties. If so no dislocation of the political balance of

power is likely to be occasioned by a policy of regulation of monetary

contributions coupled with _laisser faire_ as to contributions of

services. Usually the strength of minor parties in enthusiastic

personal support will still find itself more than outmatched by the

strength of the old line parties in traditional fealty, in practical

experience, and in greater monetary resources.

Whatever additional reform measures may be suggested by further

experience with regard to the publicity and restriction of campaign

contributions, two broad general principles would seem to apply in the

application of all legislation of this character.

First, the subject is clearly one of state and local as well as of

national politics. The two former are subject to the same abuses as the

latter. State and local politics are immensely important in themselves.

They touch the daily affairs of the great mass of the people much more

closely than do national politics. Moreover there is danger that with

campaign fund reform in national affairs only, no matter how thorough

it might be, the neglect of similar reforms in state and local politics

would facilitate the evasion of national law. At least it would seem to

make it possible to use large funds in local and state contests in such

a way as to help indirectly but very materially the national interests

of one or the other party. Fortunately some of our most important

states have already provided for a measure of publicity sufficient to

reduce this possibility so far as they are concerned. The danger will

not be much lessened, however, until their example has been followed

generally. Still it is hardly to be regretted that at the present time

the major public interest is centred in the great presidential contest.

There is no danger that the object lesson voluntarily given by the

two national parties in 1908 will be forgotten by the American people

either in succeeding presidential campaigns or in our minor state and

city elections. But while we are securing the great political front

door let us remember that the horse may also be stolen if we neglect to

lock the numerous side and back doors.

Secondly, our primary and convention system is subject to the same

abuses in the use of money as the election system proper. Indeed

in states solid one way or the other it is probable that corrupt

practices are more common in connection with nominations, where there

may be sharp fighting, than in the subsequent cut and dried election.

Organic reforms of a most sweeping character are in process in this

field,[98] and when the time is ripe it would seem to be an easy

matter to graft upon them the requirement of publicity of nominating

expenses and other restrictions upon primary contributions similar

in a general way to the restrictions now being imposed upon campaign

contributions. A start has already been made in this direction. By a

law which went into effect in 1892, Massachusetts established publicity

in respect to nominating as well as election expenses. The Garfield

Corrupt Practices Act passed by the Ohio legislature of 1896,[99] and

unfortunately repealed in 1902, required publicity and limited the

expenditure of candidates before conventions and primaries as well as

before elections. In 1906, Pennsylvania passed a law[100] containing

a list of the legitimate forms of campaign expenditure and requiring

statements from candidates for nomination in the primary as well as

from candidates for election. Nebraska, Virginia, and Georgia, have

also passed laws of this character.[101] In sharp contrast with these

movements for better things within our states are the deplorable

conditions currently alleged to exist in the greatest of all our

nominating institutions,—the National Conventions. It would seem hardly

possible to delay much longer reform measures designed to bring about

improved conditions in this field.

Considering the many unsettled points with regard to the proper

measures for regulating campaign contributions and the necessity for

the extension of such reforms to many areas as yet untouched it is

evident that we are dealing with a movement which has scarcely made

more than a beginning. Even with satisfactory legislation on our

statute books the fight will not be completely won. Fortunately it is

believed that the argument of unconstitutionality cannot be employed

against this movement.[102] Difficulties of administration will have

to be met, however, although it is highly improbable that these will

be so great as the difficulties occasioned by the execution of other

parts of our corrupt practices acts, such for example as the manifold

conditions which prevent the complete enforcement of laws against

the bribery of voters. Bi-partisan state election boards may take

over all ordinary official duties in connection with laws requiring

the publicity of, or otherwise limiting, campaign contributions. In

this work they may be somewhat aided by the mutual criticism of the

parties themselves, although, unfortunately, this is a party function

which is very imperfectly performed in the United States. Much good

may be accomplished by such voluntary organisations as the New York

_Association to Prevent Corrupt Practices at Elections_. With men

of prominence in both of the leading parties in its directorate and

membership the Association proposes:

“First, To ascertain whether any judicial proceedings should be

brought by the Association’s initiative; that is to say, whether there

is apparent evidence of bribery, or of deliberate falsification,

concealment, and evasion in the statements [of campaign contributions

and expenditures] such as would warrant a judicial inquiry to compel a

proper accounting.”

“Second, To secure a permanent record for the Association of the

important facts in connection with the statements filed, upon which

an opinion may be based as to whether additional corrupt practices

legislation ought to be recommended by the Association to the

Legislature.”

The Association further intends to exercise the closest scrutiny

over such items as “canvassers,” “watchers,” “expenditures for

workers,” and so on. Particularly praiseworthy in its platform is the

determination to prosecute violations before the courts. Unless some

determined agency undertakes this function all campaign fund enactments

will promptly sink to the level of those already too numerous American

laws which adorn our statute books with ideal maxims but in practice

are ignored by our administrators.[103]

Assuming both legislative and administrative activity in campaign

fund reform still we must not overestimate the value of the probable

results. Only a part of the problem of the support of party machinery

and party workers will be solved thereby, but at least it may be said

that an important contribution toward the ultimate complete solution of

the problem will be made. Bribery and corruption will not be done away

with by the reform. They are, as we have seen, much too persistent and

extended to yield to any single reform effort. Indeed some forms of

bribery may be encouraged by the new practice with regard to campaign

contributions. Although it may be made impossible to place men under

obligations while they are candidates it will still be possible to buy

them, if they are purchasable, after they have been elected. One should

remember, however, that if primaries and elections can be purged

of corrupt financial influences it is probable that our successful

candidates for office will be less open to venal influence than those

who win out under the present vicious system. Thoroughgoing campaign

fund reform will enable candidates to attain office without assuming

financial burdens of such a character as to make it difficult for

them to act in a perfectly honest and independent manner. By far the

worst evil of the present system is the ease with which it enables men

otherwise incorruptible to be placed tactfully, subtly, and—as time

goes on—always more completely under obligations incompatible with

public duty. Finally campaign fund reform will enable parties to become

what democratic theory requires them to be, namely honest interpreters

of the popular will instead of crooked agents of sinister influence

into which they will otherwise degenerate. Taking the most moderate

view of the benefits to arise from such reforms, therefore, it would

seem a clear duty of all patriotic citizens and statesmen to work first

for the publicity of campaign contributions and afterwards for such

other restrictions upon their collection and use as experience may

suggest.

FOOTNOTES:

[67] “Present Discontents,” Bohn ed. vol. i, p. 375.

[68] _Cf._ Jane Addams, “Democracy and Social Ethics,” ch. vii.

[69] _Cf._ “The Rise and Growth of American Politics,” p. 312.

[70] _Cf._ “The Rise and Growth of American Politics,” p. 323. He adds

that: “No other nation in the world is rich enough for the political

experimentation which the United States is carrying on; but when the

end crowns the work, its cost may be found to have been small in

comparison with the value of the recompense.”

[71] Nevada was the first state to enact legislation of this character.

(L. 1895, ch. 103; repealed, 1899, ch. 108.) In the same year a

Minnesota law (ch. 277) presented a very detailed definition of

legitimate expenses. The laws of Pennsylvania (1906, ch. 17), and of

New York (1906, ch. 503), are very significant. Professor Merriam sums

them up as follows: “Both provide that no expenses shall be incurred

except of the classes authorised in the act. The New York list, which

is rather more liberal in this respect than that of Pennsylvania,

includes rent of halls and compensation of speakers, music, and

fireworks, advertisement and incidental expenses of meetings, posters,

lithographs, banners, and literary material, payments to agents to

supervise the preparation of campaign articles and advertisements, and

furnish information to newspapers; for advertising, pictures, reading

material, etc.; for rent of offices and club rooms, compensation of

clerks and agents; for attorneys at law; for preparation of lists of

voters; for necessary personal and travelling expenses of candidates

and committeemen; for postage, express, telegraph, and telephone; for

preparing nominating petitions; for workers and watchers at the polls,

and food for the same; for transportation of the sick and infirm to the

polls.” (“N. Y. State Library Review of Legislation, 1906,” p. 160.)

_Cf._ also Virginia, L. 1903, ch. 98; South Dakota, L. 1907, ch. 146;

and California, L. 1907, ch. 350.

In 1907, New York took the further step of limiting the amount of

expenditure for a given purpose, ch. 398 of that year providing that

not more than three carriages in a city district, nor more than six

in other districts, should be used for the transportation of voters.

Acting on the same principle Massachusetts in 1908 (ch. 85), prohibited

the employment by political committees of more than six persons in a

voting precinct or city ward. As the lavish expenditure of campaign

funds for service, rents, and commodities may become nothing more than

a veiled form of vote buying, the significance of the action of New

York and Massachusetts is apparent. The English Act of 1883 contains

similar provisions.

The New Jersey law of 1906 (ch. 208) contains a long list of

_prohibited_ expenditures, including payments for entertainment, for

fitting up club rooms for social or recreative purposes, or providing

uniforms for any organised club, and the payment for insertion of

articles in newspapers and magazines unless labelled as paid articles.

[72] _Cf._ also the Oregon law proposed by initiative petition and

adopted June 1, 1908.

[73] New York now requires full reports from committees also (ch. 502,

L. 1906).

[74] Iowa, L. 1907, ch. 50, followed New York’s example.

[75] “Republican Campaign Text Book,” 1908, p. 25. In his message at

the beginning of the second (_i. e._, the first regular) session of the

Sixty-first Congress on December 7, 1909, President Taft returns to the

subject as follows:

“I urgently recommend to Congress that a law be passed requiring that

candidates in elections of Members of the House of Representatives, and

committees in charge of their candidacy and campaign, file in a proper

office of the United States Government a statement of the contributions

received _and of the expenditures incurred_ in the campaign for such

elections, and that similar legislation be enacted in respect to all

other elections which are constitutionally within the control of

Congress.”

The passage in the foregoing, italicised by the writer, is noteworthy

in that it indicates a step in advance by the president. His speech

of acceptance referred to contributions only, whereas the message of

December 7, 1909, demands publicity of expenditures as well as of party

income.

[76] New York _Tribune_, November 24, 1908, p. 3. The Cincinnati

_Enquirer_ of November 22, 1908, said that approximately 20,000 persons

contributed to the Republican fund. Possibly the discrepancy is due

to the inclusion in the latter figure of contributors to the finance

committees of the Republican National Committee in the several states,

which as noted above collected $620,150.

[77] Cincinnati _Commercial-Tribune_, November 23, 1908. According to

the New York _Tribune_ of November 24, 1908, p. 3, in which is given a

list of contributors to the Republican fund in sums of $500 and upward

the larger contributors to the Republican fund were as follows: C. P.

Taft, $110,000; Union League Club, New York, $34,377, Larz Anderson

and G. A. Garrotson, each $25,000; Union League Club, Philadelphia,

$22,500; Andrew Carnegie and J. P. Morgan each $20,000. In addition

to these there were fifteen contributors of sums of between $6000 and

$15,000 inclusive; twenty-four contributors of $5000 each; thirty-four

of sums between $2500 and $4000 inclusive; twenty of $2000 each;

twenty-eight of sums between $1250 and $1500 inclusive; one hundred

and nineteen contributors of $1000 each; ten of between $750 and $900

inclusive; and two hundred and fifty contributors of $500 each.

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