78TH CONGRESS 2d Session } HOUSE OF REPRESENTATIVES { REPORT No. 1308 ELECTION CONTEST CASE OF JOHN C. SCHAFER AGAINST THADDEUS F. WASIELEWSKI, FOURTH CONGRESSIONAL DISTRICT OF THE STATE OF WISCONSIN MARCH 29, 1944.-Referred to the House Calendar and ordered to be printed Mr. DOMENGEAUX, from the Committee on Elections No. 1, submitted the following REPORT [To accompany H. Res. 490] The Committee on Elections No. 1, having had under consideration the election contest of John C. Schafer, contestant, against Thaddeus F. Wasielewski, contestee, Fourth Congressional District of the State of Wisconsin, submits its unanimous report and recommends the adoption of the following resolution: Resolved, That the election contest of John C. Schafer, contestant, against Thaddeus F. Wasielewski, contestee, Fourth Congressional District of the State of Wisconsin, be dismissed. STATEMENT The issues raised by John C. Schafer, the contestant in this case, are that Thaddeus F. Wasielewski, the successful candidate for the seat in the House of Representatives from the Fourth Congressional District of the State of Wisconsin in the general election of November 3, 1942, made expenditures in violation of the laws of the State of Wisconsin and the Federal Corrupt Practices Act; that the said Thaddeus F. Wasielewski failed to file correct reports of political transactions with the secretary of state of Wisconsin and the Clerk of the House of Representatives of the United States as required by law; that the said Thaddeus F. Wasielewski violated laws of the State of Wisconsin relating to the publishing of false and improper statements, pamphlets, and publications concerning the contestant during the said election; and that Thaddeus F. Wasielewski for these reasons is not the duly elected Representative of the Fourth Congressional District of the State of Wisconsin and that the contestant, John C. Schafer, is the duly elected Representative from the Fourth Congressional District of the State of Wisconsin. The contestant does not question the fact that Thaddeus F. Wasielewski received approximately 17,000 votes over his nearest opponent, John C. Schafer. The Wisconsin statutes limit to $875 the amount of money that can be spent by a candidate for Congress in the general election. The Wisconsin statutes, however, place no limitation upon receipts and expenditures of individuals or groups that might voluntarily interest themselves in behalf of a candidate. Thaddeus F. Wasielewski filed with the Clerk of the House of Representatives on November 5, 1942, a statement, as required by Federal law, showing receipts of $1,689 and total expenditures of $1,172. On December 17, 1942, contestant filed notice of contest of the election of Thaddeus F. Wasielewski in which he pointed out that the sum set forth in the statement filed by Thaddeus F. Wasielewski with the Clerk of the House of Representatives was in excess of expenditures permitted under Wisconsin law and the Federal Corrupt Practices Act, and that Thaddeus F. Wasielewski s, therefore, in violation of the statutes of the State of Wisconsin and of the Federal statutes. On its face, the statement of receipts and expenditures filed by contestee with the Clerk of the House of Representatives violates the laws of Wisconsin and the Federal Corrupt Practices Act. The direct evidence, however, indicates that the contributions listed were paid to the Wasielewski for Congress Club and the expenditures made by that organization, which was shown to be a "voluntary committee" rather than a "personal campaign committee" as defined by the laws of Wisconsin. The Wasielewski for Congress Club was organized and managed by Vernon E. Waters, John Kobelinski, and Martin B. Gedlen. The latter was one of Mr. Wasielewski's secretaries during the campaign of 1942 and prior thereto. From this relationship it might be inferred that the Wasielewski for Congress Club was controlled by Mr. Wasielewski and that its funds were collected and disbursed with his knowledge, consent, and approval, were it not for the undisputed testimony to the contrary. In filing his personal return with the Clerk of the House, the contestee avers that he erroneously included $1,689 received by the Wasielewski for Congress Club and $1,172 expended by it. It must be said that the statement was drawn up in a negligent and careless manner. The committee does not condone such negligence. Under all the circumstances, the committee is of the opinion that Mr. Wasielewski, who received a substantial plurality of votes, approximately 17,000, in the general election of November 3, 1942, over Mr. Schafer, his nearest opponent, should not be denied his seat in the House of Representatives on account of the errors made in the statement filed by Mr. Wasielewski with the Clerk of the House of Representatives. The committee feels that the will of the electorate of the Fourth Congressional District of Wisconsin was clearly shown and should not be thwarted on account of the irregularities in accounting. The committee did not find any evidence of fraud. The committee recommends that the petition of the contestant be denied and that the election contest be dismissed. Respectfully submitted. JAMES DOMENGEAUX, Chairman, C. JASPER BELL. THOS. G. ABERNETHY. O 78TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session REPORT No. 1309 AUTHORIZATIONS FOR RESERVOIRS, LEVEES, AND FLOOD WALLS FOR FLOOD CONTROL MARCH 29, 1944.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. WHITTINGTON, from the Committee on Flood Control, submitted the following REPORT [To accompany H. R. 4485] The Committee on Flood Control, to whom was referred the bill (H. R. 4485) to authorize the construction of certain public works on rivers and harbors for flood control and for other purposes, having considered the same, report it favorably to the House and recommend that it do pass. In its report of June 9, 1941 (Rept. No. 759, 77th Cong., 1st sess.), the Flood Control Committee stressed the need for the orderly development of the national program for flood control and recommended additional authorizations for the continuation of flood protection works in the large river basins where general comprehensive plans have been approved by Congress, and the authorization of certain flood control projects which had been recommended to Congress by the Chief of Engineers since the passage of the last preceding Flood Control Act. The legislation under consideration at that time was enacted by Congress and became Public Law 228, Seventy-seventh Congress, approved August 18, 1941. RECENT FLOODS During 1942 and 1943 widespread and damaging floods occurred in several of the major river basins of the Nation. In addition there were many flash floods which, while as devastating to the communities and economic life of the affected areas, did not receive the publicity given the floods in the industrial regions located in the flood plains of the principal drainage systems of the country. A torrential downpour in the headwaters of the Delaware River in late May of 1942 caused havoc and loss of life in several towns in Pennsylvania and New York. |