(8) There shall be noncompetitive examinations in all proper cases before the Commission, when competent persons do not compete, after notice has been given of the existence of the vacancy, under such rules as may be prescribed by the Commissioners as to the manner of giving notice.

(h) That notice shall be given in writing by the appointing power to said Commission of the persons selected for appointment or employment from among those who have been examined, of the place of residence of such persons, of the rejection of any

such
persons

after probation, of transfers, resignations, and removals, and of the date thereof, and a record of the same shall be kept by said Commission. And any necessary exception from said eight fundamental pro- Exceptions

to the visions of the rules shall be set forth in connection with such rules,

above rules. and the reasons therefor shall be stated in the annual reports of the Commission.

203. Legal regulation of campaign contributions 1 A few decades ago it was the custom of political parties not only Misuse of

the camto accept large sums of money from special interests, but actually

paign fund to demand substantial contributions from railroad and other cor- has led to porations on pain of unfriendly legislation when the party got into regulative

legislation. power. In many cases gambling houses and other illegal businesses contributed heavily to the campaign fund, with the understanding that the party so supported would, if placed in power, favor the contributing interests. The abuse of the privilege of contributing to the campaign fund has recently led to more and more legislation regulating the financial activities of the party. The following description of the election laws of New York and Wisconsin will give an idea of this type of legislation:

[The New York law, enacted 1890 and amended in 1906 and 1907]: The New [The law] defines political committees and provides that any

York law

governing person who, to promote the election or defeat of a candidate, con- contributions tributes or expends money other than through the agency of a po

to the

campaign litical committee or candidate, shall file the statement required of fund of political committees.

Every political committee is required to have a treasurer who shall keep detailed accounts of its contributions and expenditures. No money may be received by or on behalf of such committee until it shall have chosen a treasurer.

Within five days after the choice of such treasurer there must be filed a statement of his address signed by three members of the committee.

Whoever receives any money on behalf of a political committee must give to the treasurer of the committee a detailed account of the same. Every payment in excess of $5 must be vouched for by

a receipted bill and every voucher must be kept fifteen months. Statement Treasurers of committees must within twenty days after election of receipts

file a detailed statement of the receipts and expenditures of the comand expenditures. mittee. In each case it shall include the amount received, the name

of the person or committee from whom received, the date of its receipt, the amount of every expenditure or disbursement exceeding five dollars, the name of the person or committee to whom it was made, and the date thereof; and unless such expenditure or disbursement shall have been made to another political committee it shall state clearly the purpose of such expenditure or disbursement.

No person is permitted to contribute to a political committee in any name other than his own, nor can such committee knowingly receive any contributions under fictitious names.

All statements must be filed and preserved for fifteen months in

the office of the secretary of state, who must provide blanks. ... Penalties. Failure to file a statement or the making of a false or incomplete

statement with “wilful intent to defeat the provisions” of the act is punishable by a fine of not exceeding $1,000 or imprisonment for

not more than one year or both. .. Important [The Wisconsin law, enacted 1897, and amended in 1905 and 1907]: provisions

This Act, which is one of the best-considered measures upon the of the Wisconsin subject, provides that the election expenses of candidates shall be law.

filed in detail thirty days after the election, the purposes and amount of each expenditure being stated. All statements so filed must be kept open for public inspection for a year. The penalty for violation of this provision is a fine of not less than $100 nor more than $500. Political committees are defined and required to maintain a

.

treasurer. Treasurers of political committees are required to
keep detailed accounts of receipts and expenditures and to file sworn
statements thereof. This statement must be kept one year.

Any violation of the provisions of the Act by a treasurer is punish- Penalties.
able by a fine but not by imprisonment unless he fails to keep correct
books of account with intent to conceal receipts or disbursements,
or the person from whom or the object for which they have been
received or expended, or to conceal the existence of an unpaid debt,
or if he mutilates or destroys such accounts with intent to conceal,
or if he fails to make the required statement within five days after
he shall receive notice in writing, signed by five resident freeholders,
requiring him to file such statement. Upon conviction of the latter
class of offenses he must be imprisoned for not less than two or more
than six months.
This Act was amended in 1905, providing in greater detail for the The

Wisconsin filing of statements of expenditures by candidates and for blanks

law amended for that purpose. It was made the duty of officers with whom nomina- in 1905 tion papers or certificates of election are filed to publish lists of candidates failing to file statements and to transmit such lists to the attorney-general for prosecution under penalty of a fine.

In 1907 life-insurance companies were required to make report and in 1907. to the commissioner of insurance of all contributions made for political purposes, and corporations were prohibited from making any contributions for that purpose under stringent penalties, making it a felony to aid, advise, or abet violations of this provision.

204. Legal recognition of the political party 1 The political party sprang up in the United States as a voluntary The law has association, without legal basis or warrant. However, the law has taken notice

of the party taken notice of the party in two ways. In the firs place, there in two ways. has been an increasing amount of legislation aimed at the suppression or regulation of certain practices of the political party. In the second place, there has been, in some sections at least, legal recognition of the fundamental services of the party. The value of the properly

i From the Statutes of the State of Oregon, Election Law, 1907. Preamble.

The party is a useful and necessary institution.

Party government is desirable.

regulated party is recognized by Oregon in the preamble to its election law of 1907, as follows:

Under our form of government, political parties are useful and necessary at the present time. It is necessary for the public welfare and safety that every practical guaranty shall be provided by law to assure the people generally, as well as the members of the several parties, that political parties shall be fairly, freely, and honestly conducted, in appearance as well as in fact.

The method of naming candidates for elective public offices by political parties and voluntary political organizations is the best plan yet found for placing before the people the names of qualified and worthy citizens from whom the electors may choose the officers of our government. The government of our state by its electors and the government of a political party by its members are rightfully based on the same general principles. Every political party and every voluntary political organization has the same right to be protected from the interference of persons who are not identified with it as its known and publicly avowed members, that the government of the state has to protect itself from the interference of persons who are not known and registered as its electors.

It is as great a wrong to the people, as well as to the members of a political party, for one who is not known to be one of its members to vote or take any part at any election or other proceedings of such political party, as it is for one who is not a qualified and registered elector to vote at any state election or take any part in the business of the state.

Every political party and voluntary political association is rightfully entitled to the sole and exclusive use of every word of its official

The people of the state and the members of every political party and voluntary political organization are rightfully entitled to know that every person who offers to take any part in the affairs or business of any political party or voluntary political organization in the state is in good faith a member of such party. The reason for the law which requires a secret ballot when all the electors choose their officers, equally requires a secret ballot when the members of a party choose their candidates for public office. It is as necessary for the preservation of the public welfare and safety that there shall

Rights of
the political
party in
the exercise
of which it
ought to be
protected.

name.

a

be a free and fair vote and an honest count, as well as a secret ballot at primary elections, as it is that there shall be a free and fair vote and an honest count in addition to the secret ballot at all elections of public officers. All qualified electors who wish to serve the people in an elective public office are rightfully entitled to equal opportunities under the law. The purpose of this law is better to secure and to preserve the rights of political parties and voluntary political organizations, and their members and candidates, and especially of the rights above stated.

Questions on the foregoing Readings 1. What does Lord Bryce mean by the “Inner Circle” of the political

party? 2. What Federal office-holders are included in this Inner Circle? 3. To what extent are state officials included in this group? 4. Name some other individuals who may be members of the Inner

Circle. 5. What is meant by the Outer Circle in party politics? 6. Explain how the class of professional party workers may grade

into the class of non-professional workers. 7. What is the most important of the immediate aims of the party? 8. Explain the extent to which voters are influenced by (1) simple

persuasion, and (2) the newspaper. 9. What, according to Professor Hart, is the extent of intimidation

of voters in this country? 10. Summarize Professor Hart's conclusions as to the practice of

bribery in the United States. 11. When did the spoils system first develop in national politics? 12. What are some of the evils of the spoils system from the financial

side? 13. How has the spoils system perverted political life and debased

the political party? 14. What is the relation of the spoils system to the existence of the

political boss and machine? 15. What does Mr. Schurz mean by the statement that the spoils

system converts the public office-holder into a party slave? 16. How does the spoils system usurp the constitutional appointing

power? 17. What is Mr. Schurz's conclusion as to the evil effects of the spoils

system? 18. Why was the Civil Service Act of 1883 passed?