f 70th Congress ) SENATE 1st /Session ) Report No. 603 SENATORIAL CAMPAIGN EXPENDITURES March 22, 1928—Ordered to be printed Mr. King, from the Special Committee Investigating Expenditures in Senatorial Primary and General Elections, submitted the following SPECIAL REPORT [Pursuant to S. Res. 195, 227, 258 and 324 of the Sixty-ninth Congress, and also S. Res. 10 of the Seventieth Congress, first session] On the 17th day of May, 1926, the Senate of the United States passed the following resolution: Resolved, That a special committee of five, consisting of three members selected from the majority political party, of whom one shall be a progressive Republican, and of two members from the minority political party, shall be forthwith appointed by the President of the Senate; and said committee is hereby authorized and instructed immediatel 3 r to investigate what moneys, emoluments, rewards, or things of value, including agreements or understand¬ ings of support for appointment or election to office have been promised, con¬ tributed, made, or expended, or shall hereafter be promised, contributed, ex¬ pended, or made by any person, firm, corporation, or committee, organization, or association, to influence the nomination of any person as a candidate of any political party or organization for membership in the United States Senate, or to contribute to or promote the election of any person as a member of the United States Senate at the general election to be held in November, 1926. Said committee shall report the names of the persons, firms, or corporations, or committees, organizations, or associations that have made or shall hereafter make such promises, subscriptions, advancements, or payments and the amount by them severally contributed or promised as aforesaid; including the method of expenditure of said sums or the method of performance of said agreements,, together with all facts in relation thereto. Said committee is hereby empowered to sit and act at such time or times and at such place or places as it may deem necessary; to require by subpoena or otherwise the attendance of witnesses, the production of books, papers, and documents, and to do such other acts as may be necessary in the matter of said investigation. The chairman of the committee or any member thereof may administer oaths to witnesses. Every person who, having been summoned as a witness by authority of said committee, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the investigation heretofore author¬ ized, shall be held to the penalties provided by section 102 of the Revised Statutes of the United States. Said committee shall promptly report to the Senate the facts by it ascertained. 2 SENATORIAL CAMPAIGN EXPENDITURES Thereafter the following committee was appointed under the above resolution, to wit: James A. Reed, chairman; Charles L. Mc- Nary, Guy D. Goff, William H. King, Robert M. La Follette, jr. On the 12th day of December, 1927, the Senate of the United States agreed to the following resolution: Resolved } That a resolution of the United States Senate agreed to on May 19, 1926, numbered Senate Resolution 195 of the Sixty-ninth Congress, first session, creating a special committee to investigate expenditures in senatorial primary and general elections, and all subsequent resolutions dealing with the said special committee and agreed to by the United States Senate during the Sixty- ninth Congress, to wit: Senate Resolution 227, Senate Resolution 258, and Senate Resolution 324, have continued in full force and operation since the dates of their respective enactment by the Senate, and do now, as then, express the will of this body. And that the said special committee appointed pursuant to said Senate Reso¬ lution 195 of the Sixty-ninth Congress, first session, shall continue to execute the directions of the said several resolutions relating to the said committee until the Senate accepts or rejects the final report of the said special committee or otherwise orders. Pursuant to said resolutions your committee within the limits of its authority sought to make the investigation called for therein and accordingly called before it various witnesses who were examined touching the matters and questions pertinent to said investigation. Among the persons appearing before your committee was one Thomas W. Cunningham. Mr. Cunningham who was clerk of the court of quarter sessions of Philadelphia, and treasurer of the State Republican committee, claims to have contributed $50,000 to the Vare campaign fund. A subpoena was issued for his appearance early in June. A diligent search failed to locate him. Finally, Representative Golder, of the fourth district of Pennsylvania, communicated with the com¬ mittee, stating that Cunningham would accept service. His where¬ abouts was disclosed and he was served. He appeared before your committee in its session in the Federal Building in the city of Chicago on July 29, 1926. With him appeared Representative Benjamin M. Golder, who stated that Mr. Cunningham had requested that he be permitted to attend as his attorney. Mr. Cunningham, both for himself and through his attorney, protested the jurisdiction of your committee and refused to answer questions put to him and denied the committee any information beyond the following facts of his name, residence, and occupation as clerk of the quarter sessions court; that he contributed $25,000 to the Vare campaign fund through Thomas F. Watson on April 10, 1926, and $25,000 on April 13. The testimony of Mr. Cunningham, given at Chicago on the 29th day of July, 1926, appears in Part 2 of the hearings of said committe on pages 1706 to 1715, inclusive, and is here reproduced in full and made part of this report. The Chairman. Will Mr. Cunningham please come forward? (Mr. Cunningham and Mr. Benjamin M. Golder came to the committee table.) Mr. Golder. Mr. Chairman, my name is Benjamin M. Golder. I am an attorney of Philadelphia. Mr. Cunningham requested that I be permitted to attend as his attorney. The Chairman. All right, sir. SENATORIAL CAMPAIGN EXPENDITURES 3 Testimony of Thomas W. Cunningham (The witness was sworn by the chairman.) The Chairman. Let the record show the appearance of Mr. Golder. Mr. Golder. Mr. Chairman, in the event that a question is asked which I consider one which Mr. Cunningham should not answer, may I address myself to the Chair or to Mr. Cunningham? The Chairman. It would be entirely proper for you to address yourself to the Chair and state your objection, the same as you would to a court. What is your full name, Mr. Cunningham? Mr. Cunningham. Thomas W. Cunningham. The Chairman. Where do you reside? Mr. Cunningham. 2116 Cherry Street, Philadelphia. The Chairman. How long have you resided in Philadelphia? Mr. Cunningham. My whole life. The Chairman. What is your occupation or business? Mr. Cunningham. Clerk of the quarter sessions court. The Chairman. With what political organization were you connected during the recent primary in Pennsylvania—the last primary? Mr. Cunningham. The Republican organization of Philadelphia County. The Chairman. Who was the chairman of that organization? Mr. Cunningham. Thomas F. Watson. The Chairman. And what candidate for the Senate was that organization supporting? Mr. Cunningham. Congressman Vare—W. S. Vare. The Chairman. Did you collect any money for use in that campaign? Mr. Cunningham. I did not. The Chairman. Was any money given to you for use in that campaign? Mr. Cunningham. Not one cent. The Chairman. I mean to include in money, of course—checks or drafts or anything- Mr. Cunningham. No check, no drafts, or anything. The Chairman. That you got money on? Mr. Cunningham. No, sir. The Chairman. Did you handle any money in that campaign? Mr. Cunningham. I did not. The Chairman. Did you deliver any money to any person? Mr. Cunningham. I did. The Chairman. That is handling money, Mr. Cunningham. Mr. Cunningham. I did not catch your way of saying that. The Chairman. Very well. To whom did you give any money? Mr. Cunningham. I handed money to Thomas F. Watson, $25,000, on the 10th dav of April, 1926. The Chairman. Where did you get that money? Mr. Cunningham. I got that money out of my own private funds. The Chairman. How is that? Mr. Cunningham. Out of my own private funds. The Chairman. Your own private moneys? Mr. Cunningham. Yes, sir; my own money; my own money. The Chairman. How long had it been your own money? Mr. Golder. Mr. Chairman, may I state an objection at this time? The Chairman. You may. Mr. Golder. I have advised Mr. Cunningham that, in my judgment, this committee has no jurisdiction to inquire into the primary election held in Penn¬ sylvania; that it is only a local matter for the Commonwealth of Pennsylvania; and that in my professional judgment he can answer those questions which he sees fit dealing with the primary election, and that he may refuse to answer those questions wnich he considers his own personal business. I have further advised Mr. Cunningham that he need not disclose to this committee from what part of his personal estate, or personal fortune, he paid the money to Mr. Watson that he did pay during this last campaign in Pennsylvania. I thought I would state that as a matter of record so that I would not have to object each time a question was asked. The Chairman. What was my last question? (The question was read by the reporter as follows:) 4 SENATORIAL CAMPAIGN EXPENDITURES “The Chairman. How long had it been your own money?” Mr. Cunningham. I refuse to answer that question, Senator, as a personal question. It is my own private business. The Chairman. Where did you get this $25,000 you say you gave to Mr. Watson? Mr. Cunningham. I refuse to answer that question. I think that is personal. The Chairman. Where were you keeping this $25,000 before you gave it to Mr. Watson? Mr. Cunningham. That is another personal question, Senator. I refuse to answer it. The Chairman. Did you give this money to Mr. Watson in cash or by check? Mr. Cunningham. I gave it to him as cash. The Chairman. Where were you when you gave it to him? Mr. Cunningham. I took it down to his headquarters at the Walton Hotel on the 10th day of April. The Chairman. Did you have it in your pocket when you gave it to him— before you gave it to him? Mr. Cunningham. Yes, sir. The Chairman. Where did you get it from to put in your pocket? Mr. Cunningham. That is a personal question, and I decline to answer it. The Chairman. How long had you had this money in your possession? Mr. Cunningham. That is another personal question, and I decline to answer it. It was my own money, and I do not think I should tell the public, where I kept it and how I got, or anything else about it. The Chairman. How long have you been clerk of the quarter sessions court? Mr. Cunningham. Twenty-one years the 1st of January, 1926. The Chairman. What is the salary of that position? Mr. Cunningham. $8,000 a year. The Chairman. Was this money which you refer to as the $25,000 that you gave to Watson savings from your salary? Mr. Cunningham. That is another personal question. I can not answer that. The Chairman. Unfortunately, a good many questions are personal. Mr. Cunningham. Yes. I think a man’s own money is one of his own per¬ sonal privileges, and he is not supposed to tell how he got it or how he saved it. I think that is a rather unfair question to ask me, how I got the money, how I saved it, and what I done with it. The Chairman. I dare say. Is there anything wrong or wicked or crooked about the way you got this money, so that it will embarrass you to answer the question or will subject you to criminal prosecution? Mr. Golder. I think that is an unfair question, Senator, and I advise Mr. Cunningham to disregard it. The Chairman. If you were to answer the questions I have asked you with regard to the sources from which and the way in which this money came to you would it tend to subject you to criminal prosecution or public contempt or obloquy? Mr. Golder. Senator Reed, I think that question is objectionable in form and the way in which it is put, and I advise Mr. Cunningham not to consider it, or not to answer it. The Chairman. Do you refuse to answer, Mr. Cunningham? -Mr. Cunningham. Yes'; I refuse to answer. Mr. Golder. You see, Senator, when you ask a question which you know that I have advised Mr. Cunningham not to answer, and put it in such a way as you have, it necessarily implies something which is unsavory, and I think it is an unfair way for you to treat a witness. The Chairman. Well, now, we have permitted you to sit here as an act of courtesy, but we will not permit any criticism of the committee from you. Mr. Golder. Senator Reed, you have permitted Mr. Cunningham to have his attorney here, and I assume you "will not compel me to advise Mr. Cunningham except as I think best. The Chairman. You will maintain a respectful and decent attitude or you will not sit at this table very long as anybody’s attorney. Mr. Golder. Senator Reed, I have the utmost respect for the committee and for its membership. The Chairman. You may make your objections and make them in a proper way. Mr. Cunningham, is there any other reason than the one you have given, or are there any other reasons than those you have given, why you refuse to answer SENATORIAL CAMPAIGN EXPENDITURES 5 the questions that have been put to you touching the sources from which the $25,000 came? Have you any other reasons than those you have given? Mr. Cunningham. That is all, Senator; just personal reasons. The Chairman. Very well; that is all I want to cover. Mr. Cunningham. All right, sir. The Chairman. Where were you when the subpoena was issued for you from this committee, while it was having its sessions in Washington? Mr. Cunningham. I went on a vacation on the 19th day of June and did not get back until the 8th day of July. The Chairman. Where were you during that interval? Mr. Cunningham. I was on an automobile tour up through the southern coast of New Jersey. The Chairman. What places did you visit? Mr. Cunningham. I think that is a private, personal question, Senator. I would not answer it. The Chairman. Where did you stay nights? Mr. Cunningham. I think that is another private question, as I have said. What material difference does it make? I am not in the habit of having to tell where I went and what I did; never have in my life, Senator. The Chairman. You knew that a subpoena had been issued for you, did you not? Mr. Cunningham. The last three or four days I got in touch with the papers, and I found out that there were subpoenas, according to the newspapers, and I came back to Philadelphia on the 8th day of July. The Chairman. Did you give any other money than the $25,000 to anybody during this campaign? Mr. Cunningham. Yes; on the 13th of April I gave Mr. Watson $25,000 more. The Chairman. So that you gave Mr. Watson a total of $50,000? Mr. Cunningham. $50,000; of my own money. The Chairman. Where did you get the second $25,000 from? Mr. Cunningham. I refuse to answer that question, Senator. The Chairman. You refuse to tell the committee anything about where you received this money from? Mr. Cunningham. Yes; I do. The Chairman. The sources from which the money was received? Mr. Cunningham. Yes. The Chairman. How long had the money been in your possession? You refuse to tell that to the committee? Mr. Cunningham. I certainly do, because I think that is a personal, private question. The Chairman. How long had you been saving up or accumulating this $50,000? Mr. Cunningham. I do not like to object to your questions, Senator, because I think a man’s own money—why, I don’t want to make it public to the press, to the newspapers in Philadelphia, about my private affairs, how I got this money or how I saved it. The Chairman. Have you inherited any considerable sums of money? Mr. Cunningham. Never inherited a dollar in my life. The Chairman. Have you been speculating in stocks or bonds or upon the board, so that you accumulated the money in that way? Mr. Golder. I object to that question and advise Mr. Cunningham that he need not answer. The Chairman. What does the witness say? Mr. Cunningham. I refuse to answer. The Chairman. Have you turned in on your tax returns any $50,000 for taxa¬ tion purposes? Mr. Golder. I object to that question, Senator, and advise the witness that he need not answer. Mr. Cunningham. I refuse to answer. The Chairman. Have you paid to the State of Pennsylvania, the county in which you live, or the city in which you live, any taxes upon this $50,000? Mr. Golder. I object "to that question, Senator, and advise the witness that he need not answer. As a matter of fact, there is no taxation in Pennsylvania on any such amount. Mr. Cunningham. I refuse to answer, Senator. 6 SENATORIAL CAMPAIGN EXPENDITURES The Chairman. Have you returned to the Federal Government this $50,000 in any form? Mr. Golder. I object to that question, Senator, and advise the witness he need not answer. Mr. Cunningham. I refuse to answer. The Chairman. Did you collect any money from persons employed either by the city of Philadelphia or by the State of Pennsylvania? Mr. Cunningham. Not one dollar. The Chairman. Were any moneys paid to you by any of these persons IJhave just referred to? Mr. Cunningham. No, sir. The Chairman. Do you know of any collection of money from State employees for political purposes? Mr. Cunningham. I do not, Senator. The Chairman. Do you know of any contributions by the employees of the city to the Vare campaign? Mr. Cunningham. I will tell you for information that in the primary election there is never any assessment of any kind. In primary elections we never heard tell of any donations from employees. The Chairman. In the primaries? Mr. Cunningham. In the primary elections. The Chairman. Do you know Martin Powers? Mr. Cunningham. Yes, sir. The Chairman. Did you spend any of this vacation at his home in NewJersey? Mr. Cunningham. How is that? The Chairman. Did you spend any part of your vacation in company with Mr. Martin Powers? Mr. Golder. Mr. Chairman, I object to that question. The witness has already testified that he declines to state where and with whom he spent his vacation. The Chairman. I did not ask him with whom he spent it until just now. Mr. Golder. I advise the witness that he need not answer that question. Mr. Cunningham. I refuse to answer the question, Senator. The Chairman. Did you leave the city of Philadelphia with Mr. Powers? Mr. Golder. I advise the witness that he need not answer that question. Senator. Mr. Cunningham. I did not. The Chairman. Did you leave the city of Philadelphia in an automobile? Mr. Golder. I advise the witness that he need not answer that question. Senator, it being entirely immaterial and a personal matter. Mr. Cunningham. I refuse to answer. The Chairman. Whose car did you leave in? Mr. Golder. I advise the witness that he need not answer that question. Mr. Cunningham. I refuse to answer, Senator. The Chairman. You say you know Mr. Powers. What is his business? Mr. Cunningham. I have known Mr. Powers from boyhood. He is a mem¬ ber of the bar, an attorney at law. The Chairman. Is he connected with a trust company in Philadelphia? Mr. Cunningham. I do not know. -The Chairman. Did Mr. Powers formerly have a partner who is now presi¬ dent of a trust company? Mr. Golder. I advise the witness that he need not answer that question. The Chairman. Oh, well, now, that is getting to be sheer insolence, to advise a witness not to answer a question of that kind. It could not possibly harm this witness. Mr. Golder. Perhaps not, Senator; but it might lead to other things. I think we ought to draw the line of advising the witness what he may answer and what he should not answer. Mr. Cunningham. I do not know anything at all about that, Senator. The Chairman. If you came here to tell this witness that he should not answer any question, whether it is pertinent or not, you are abusing the courtesy of the committee extended to you, whether it is a thing that could possibly affect his own honor or his own private business. Mr. Golder. Senator, I do not agree wuth you; and I am sorry to disagree with you. The Chairman. Well, I am sorry you do. Mr. Golder. But I must use my own judgment. SENATORIAL CAMPAIGN EXPENDITURES 7 The Chairman. You may use it as long as we permit you to sit here; but if you abuse the privilege, you will not sit here. Mr. Golder. I do not intend to abuse it, Senator. The Chairman. Well, you are abusing it. Did Powers formerly have a partner whose name began with “Mac”? Mr. Cunningham. I do not know the first thing about it, Senator. I do not know anything at all about Powers’s private business whatever. The Chairman. Did you have in your possession, of your own money, 30 davs before you say you gave this money to Watson, as much as $1,000? Mr. Cunningham. As much as $1,000? The Chairman. Yes. Mr. Cunningham. Oh, yes, sir. The Chairman. What bank do you bank in? Mr. Golder. Mr. Chairman, I object to that question, and advise the witness that he need not answer. The Chairman. What is the answer of the witness? Mr. Cunningham. I refuse to answer. The Chairman. Have you ever had a bank account anywhere? Mr. Cunningham. Sure. The Chairman. Where? Mr. Cunningham. I have a bank account for my office. The Chairman. A bank account in your office? Mr. Cunningham. I say I have to run my office, and therefore I have to use a bank account for the proceeds of my office. The Chairman. Is that your personal account? Mr. Cunningham. One of them is; yes. The Chairman. What bank is it in? Mr. Golder. Senator, I object to that question and advise the witness he need not answer where he deposits his money, it being entirely a private matter. Mr. Cunningham. I refuse to answer. The Chairman. I do not intend to get into an argument with you, Mr. Golder. You know perfectly well that when a man states that he had $50,000, and it was his own money, and assuming, now, that this committee has any jurisdiction— which I understand you challenge, and which you have a right to challenge—we have the right to test the reasonableness of that story. We are not concluded by the bald statement that it was the witness’s own money; and so we have the right to know, assuming that we have any right at all to conduct this investiga¬ tion, the source from which this money came, in order that we may ascertain whether, as a matter of fact, the witness did have it. So, with that explanation, I am asking the witness where he kept his bank account? Mr. Golder. Senator, may I be permitted to state our position? The Chairman. You have stated it, I think. Mr. Golder. May I repeat it, then, in answer to what you have just said? My position is that this committee had no right, in the first place, to inquire whether this witness contributed anything to the Pennsylvania primary. If the witness saw fit to state that he did, that does not waive any right that he may have to refuse to answer any other question connected or disconnected with the $50,000. I do not think this committee had any right to inquire into the $50,000 initially. The Chairman. And of course, you think that your opinion is the final word as to the law? 1 Mr. Golder. It will be with Mr. Cunningham, at least, at this time. The Chairman. We will ascertain whether that is true or not a little later. How long have you known Congressman Vare? Mr. Cunningham. Ever since I have been a boy— 35 or 40 years, I guess. The Chairman. Were you in any way connected with his campaign commit¬ tee, the committee which was conducting his campaign in the last primary? Mr. Cunningham. Only in one way; I was for him after he concluded to be a candidate for United States Senator. The Chairman. Did you ever talk with him? Mr. Cunningham. I talked with him on several occasions about it. The Chairman. With him during the campaign? Mr. Cunningham. No, sir. This was prior to the campaign, before he came out as a candidate. The Chairman. Did you urge him to come out? Mr. Cunningham. No; I rather urged the other way, Senator. The Chairman. When he did come out, you became one of his supporters? 8 SENATORIAL CAMPAIGN EXPENDITURES Mr. Cunningham. Because our organization, as a rule—if the majority make up their mind to be for a candidate—the majority made up their minds for William S. Vare, and I went along with the majority. The Chairman. When you speak of “our organization/' what organization do you mean? Mr. Cunningham. The Republican city committee of Philadelphia. We have 48 wards; 48 members of that committee. The Chairman. Are you a member? Mr. Cunningham. A member of that committee; yes, sir. The Chairman. For which ward? Mr. Cunningham. The tenth ward. The Chairman. During the campaign, then, after the organization resolved to support Vare, you gave him your loyal support? Mr. Cunningham. Yes, sir. The Chairman. Who asked you to make this contribution of $50,000? Mr. Cunningham. Nobody asked me, Senator. I will tell you the reason why I made this contribution. I was a Penrose man to the day he died, in Philadelphia. Eddie Beidleman and Harry Baker have been the same as my two sons, and were very close friends of Penrose’s to the day of his death. Beidleman’s ambition was to be governor. I was for Beidleman four years ago. George Alder was picked, and he had to step aside. This time I thought that he would make the best gov¬ ernor Pennsylvania ever had. I thought he was the most practical man in the State of Pennsylvania, a man who was a member of the legislature, State senator for four years, lieutenant governor four years, and a real man, and I thought he would make the best governor Pennsylvania ever had, and I was very fond of him. Now, that was my whole interest. The Chairman. Had you ever made any such contribution as this before out of your own money? Mr. Cunningham. Never before in my life. I had made small contributions, a hundred or five hundred dollars at different times, to help some poor fellow running for council. The Chairman. Are you a man of considerable means, Mr. Cunningham? Mr. Cunningham. Well, pretty fairly at the present time. The Chairman. Did you draw this money out of any bank? Mr. Cunningham. No, sir. The Chairman. How long had you had it in your pocket? Mr. Golder. Mr. Senator, I think we have had that question up before, and I advised him not to answer. Mr. Cunningham. I think I answered that before. The Chairman. I thought you might change your mind. Mr. Cunningham. No. You are so nice about it, anybody would change their mind if he felt inclined to change it, Senator. The Chairman. I desire to be nice to everybody. Mr. Cunningham. I know it; I have seen that since I have been here, the last four days. The Chairman. You are the only man who has come here who has been unwill¬ ing to tell where he got his money. Mr. Cunningham. Well, Senator, I am an American citizen. I was born in the greatest American city to-day in the United States, Philadelphia, and I have never been used to telling people where I went or what I done or how I made my money, and I am too old now to change my thought of mind. The Chairman. You just formed the habit of independence? Mr. Cunningham. I formed that habit through my late friend, Senator Penrose. I guess I learned that trick from him—saving money and putting it away and keeping it under cover. I have been with him, and I was his friend to the day he died. The Chairman. You say you learned this habit of putting it away from Penrose? Mr. Cunningham. Yes, sir. He was a past master in not letting his right hand know what his left hand done, and he dealt absolutely in cash. The “long green” was the issue. The Chairman. Is there any danger involved in your right hand knowing what your left hand does? Mr. Cunningham. Well, I never let it be known. The Chairman. You do not even want to know, yourself? Mr. Cunningham. Sometimes I really do not. The Chairman. And that is one of the attributes of independence in Pennsyl vania, is it? SENATORIAL CAMPAIGN EXPENDITURES 9 Mr. Cunningham. Yes, sir. The Chairman. That your right hand shall not know what your left hand does? Mr. Cunningham. Yes, sir. If a great many people would do that, there would not be so much trouble in Chicago and other big cities. The Chairman. That is, you mean by that, I think, Mr. Cunningham, that if you do a thing secretly enough, so that nobody ever finds out about it, you never have any trouble about it? Mr. Cunningham. So long as you do it honestly it is all right, Senator. The Chairman. And if you are doing it honestly, all the more reason for secrecy, I presume? Mr. Golder. Senator, are you not really arguing with the witness? The Chairman. I am trjung to get the witness’s mental slant on this. Mr. Cunningham, I want to be perfectly frank with you. It will be the duty of the committee to report you to the United States Senate for contempt. That is not a threat; we are not making threats. That is the fact. Then, of course, it will have to be determined whether you have to answer these questions. What the result may be will have to be determined by the Senate and possibly by the courts. I think it is only fair to make that statement to you, and having made it, I ask you if you adhere to the position you have taken in your various refusals to answer. Mr. Golder. Senator, your voice dropped near the end; I do not think Mr. Cunningham heard all that you said. The Chairman. The stenographer will read my statement. (The reporter read as follows:) “ Mr. Cunningham, I want to be perfectly frank with you. It will be the duty of the committee to report you to the United States Senate for contempt. That is not a threat; we are not making threats. That is the fact. Then, of course, it will have to be determined whether you have to answer these questions. What the result may be will have to be determined by the Senate and possibly by the courts. I think it is only fair to make that statement to you, and having made it, I ask you if you adhere to the position you have taken in your various refusals to answer?” Mr. Cunningham. I do, Senator. The Chairman. Very well; that is all, sir. 5(c * Ms * * That thereafter (to wit, on Monday, February 21, 1927) your committee met in Washington and continued its hearings. That said Thomas W. Cunningham was recalled to testify before your committee and appeared in person and with his attorney, Mr. Benjamin W. Golder, when the following proceedings were had as shown in Part 6 of the hearings before the committee, pages 3390, 3391, 3392, and 3393: Testimony of Thomas W. Cunningham —Resumed Mr. Golder. I represent Mr. Cunningham, and he has asked me to sit with him and advise him. The Chairman. You will be permitted to sit here, in the capacity of an attor¬ ney, but the committee will conduct the examination. (The witness was sworn by the chairman.) Mr. Golder. Mr. Chairman, if any questions are asked which I consider Mr. Cunningham should not answer, should I address myself to the Chair? The Chairman. Yes. Your full name is? Mr. Cunningham. Thomas W. Cunningham. The Chairman. You are the same Thomas W. Cunningham who appeared before this committee? Mr. Cunningham. I am. The Chairman. And gave certain testimony, and refused to answer certain questions at the previous hearing? Mr. Cunningham. Yes, sir. The Chairman. Mr. Cunningham, the committee has called you before it the second time in order to permit you an opportunity to answer the questions you declined to answer before, and afford you the opportunity to answer such other questions as may be put to you. Mr. Cunningham, on your previous examination you stated [reading]: “ I handed money to Thomas F. Watson $25,000 on the 10th day of April, 1926.” 10 SENATORIAL CAMPAIGN EXPENDITURES Then this follows, as shown by the record of the proceedings [reading]. “The Chairman. Where did you get that money? “Mr. Cunningham. I got that money out of my own private funds. “The Chairman. How is that? “ Mr. Cunningham. Out of my own private funds. “The Chairman. Your own private moneys? “Mr. Cunningham. Yes, sir; my own money; my own money. “The Chairman. How long had it been your own money?” Mr. Golder at that time stated an objection, which appears in the record. The question was repeated, as follows [reading]: “The Chairman. How long had it been your own money? “Mr. Cunningham. I refuse to answer that question, Senator, as a personal question. It is my own private business.’’ I now ask you that same question again, Mr. Cunningham. Mr. Cunningham. Same answer. The Chairman. On behalf of the committee, I instruct you to answer the question. Mr. Cunningham. I refuse to answer, Senator. The Chairman. Very well. The next question which was asked you was as follows [continuing reading]: “The Chairman. Where did you get this $25,000 you say you gave to Mr. Watson? “Mr. Cunningham. I refuse to answer that question. I think that is per¬ sonal.” I now ask you, on behalf of the committee, the same question, and await your answer. Mr. Cunningham. I refuse to answer. The Chairman. On behalf of the committee, I instruct you to answer. Mr. Golder. Mr. Chairman, may I- The Chairman. No; you may not. This man is getting along all right. Mr. Cunningham. I refuse to answer, Senator. The Chairman. Now, you may make any suggestion you want to. Mr. Golder. Too late now, Senator. The Chairm an. I do not intend that you shall suggest the answers to a witness while I am examining him. You may make any objection you want to. Mr. Golder. I addressed myself to the Chair, Mr. Chairman. The Chairman. I want to extend every courtesy and every right. Mr. Golder. You usually do, Senator. I do not think you understood me. The Chairman. The next question that was asked you was as follows [con¬ tinuing reading]: “The Chairman. Where were you keeping this $25,000 before you gave it to Mr. Watson? “ Mr. Cunningham. That is another personal question, Senator. I refuse to answer it.” I now ask you the same question, that is, where were you keeping this $25,000 before you gave it to Mr. Watson? Mr. Cunningham. I refuse to answer. The Chairman. Again I instruct you, on behalf of the committee, to answer. Mr. Cunningham. I refuse to answer. The Chairman. Very well. You were asked a number of questions, which I will read for the context [continuing reading]: “The Chairman. Did you give this money to Mr. Watson in cash or by check? “ Mr. Cunningham. I gave it to him as cash. “The Chairman. Where were you when you gave it to him? “Mr. Cunningham. I took it down to his headquarters at the Walton Hotel on the 10th day of April. “Mr. Chairman. Did you have it in your pocket when you gave it to him— before you gave it to him? “Mr. Cunningham. Yes, sir. “The Chairman. Where did you get it from to put in your pocket? “Mr. Cunningham. That is a personal question, and I decline to answer it.” I now ask you again, where did you get it? That is, where did you get this money from to put in your pocket? Mr. Cunningham. I refuse to answer. The Chairman. And I direct you, on behalf of the committee, to answer. Mr. Cunningham. I refuse to answer. SENATORIAL CAMPAIGN EXPENDITURES 11 The Chairman. Very well. The next question asked you was [continuing reading]: “The Chairman. Mr. Cunningham, how long had you had this money in your possession? “ Mr. Cunningham. That is another personal question, and I decline to answer it. It was my own money, and I do not think I should tell the public where I kept it and how I got it, or anything else about it.” I now ask you, how long had you had this money in your possession? Mr. Cunningham. I refuse to answer. The Chairman. Again I instruct you to answer. Mr. Cunningham. I refuse to answer. The Chairman. You were then asked questions touching your salary, and after that, this question [reading]: “The Chairman. Was this money which you refer to as the $25,000 that you gave to Watson, savings from your salary? “Mr. Cunningham. That is another personal question. I can not answer that.” I now ask you again, was this $25,000 which you refer to as the $25,000 that you gave to Watson, savings from your salary? Mr. Cunninghem. I refuse to answer. The Chairman. And I instruct you, on behalf of the committee, to answer. Mr. Cunningham. I refuse to answer. The Chairman. Now, Mr. Cunningham, you recall the testimony you gave before, I take it, fairly well? Mr. Cunningham. I think I do, Senator. The Chairman. We have called you here for the purpose of giving you an opportunity to purge yourself of what was regarded as contempt of the com¬ mittee and of the Senate. Do you still stand upon your refusal to answer the questions which were asked you on the previous hearing? Mr. Cunningham. I do, sir. The Chairman. You have nothing to say further as to your reasons for refus¬ ing to answer than you stated before? Mr. Cunningham. I have not. The Chairman. Mr. Cunningham, I think you will have to agree that at least the committee has given you every opportunity to make an explanation. If you do not desire to make it, of course, you have the right. Mr. Cunningham. The only thing I was interested in, as I told you before, Senator, was Beidleman, and not any other project. If he had not been on the ticket I would not have given it. The Chairman. Do you know whether it was reported in Mr. Beidleman’s campaign expenses? Mr. Cunningham. I really do not know that. I instructed Mr. Watson what my thought was about it, because he had been a friend of mine for forty- odd years, and that was my only interest in it. The Chairman. You are excused from further attendance on the committee, sir. That on the 22d day of December, 1926, your committee submitted a partial report, being Report 1197, Part 2; and on pages 22 to 29, inclusive, will be found the testimony given by said Cunningham on the said 29th day of July, 1926; that by said report the attention of the Senate was directed to the refusal of said Cunningham to answer various questions propounded by said committee; that on the 12th day of February, 1927, another partial report was submitted by your committee, being Report 1197, Part 4, which sets forth the proceedings before your committee on the 29th day of July, 1926, in so far as it relates to the testimony of the said Cunningham; that said report contains the following statement with reference to said Cunningham: Thomas W. Cunningham appeared before your committee in Chicago, Ill., on July 29, 1926, having been previously sworn. The testimony of the witness Cunningham speaks for itself. Every oppor¬ tunity was given the witness Cunningham to testify, and, as his testimony fully discloses, he steadfastly and obdurately refused to give your committee any information. 12 SENATORIAL CAMPAIGN EXPENDITURES Your committee therefore reports the conduct of Thomas W. Cunningham to the Senate. * * * Wherefore, your committee reports the facts as aforesaid to the Senate for such further action as the Senate may deem meet and proper. That on the 28th day of February, 1927, your committee submitted a further partial report, being Report 1197, Part 5, which deals among other things with the conduct of the said Thomas W. Cun¬ ningham in refusing to answer questions propounded by your com¬ mittee as hereinbefore set forth. That part of the report dealing with the said Thomas W. Cunningham is found on pages 43, 44, 45, and 46. Your committee in said last-named report made the following statement and recommendation concerning said Thomas W. Cun¬ ningham, as shown by said report on page 53: The witness, Cunningham, refused to amplify his testimony in any particular, stood on his previous refusals to answer the interrogatories propounded to him, and defied the jurisdiction of your committee. Your committee therefore reports the defiant and contumacious conduct of the said witness, Thomas W. Cunningham, and recommends that he be adjudged in contempt of your committee and of the Senate of the United States. That said last-named report was submitted to the Senate in the closing hours of its session and at a time and under conditions which prevented its consideration by the Senate, as a result of which no action was taken upon the recommendation made by your committee. Your committee herewith submits its final report in so far as said witness, Thomas W. Cunningham, is concerned and calls the atten¬ tion of the Senate to the defiant and contumacious conduct of said witness, Thomas W. Cunningham, and renews the recommendation made in its report of February 28, 1927, that the said Thomas W. Cunningham be adjudged in contempt of your committee and of the Senate of the United States. All of the acts of your committee and all of the testimony byTit taken and all of the reports submitted by your committee are dis¬ closed by printed records of the hearings and are hereby referred to and made a part of this report as fully as those set forth herein. Said records and reports disclose all questions which were propounded to said witness, Thomas W. Cunningham, together with his replies thereto and all proceedings had in connection with said Thomas W. Cunningham. o