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Lobbying

congressmen, organizations, public, methods, legislative, influence, legislation and corporations

LOBBYING, in the United States, is the practice by non members of influencing members of legislative bodies either for or against proposed legislation. Such influence may be exerted by entirely open and desirable methods, as giving testimony before Congressional committees or bringing printed literature to the attention of congressmen, by debatable methods such as personal interviews with members, which are usually secret and therefore cannot be checked or controlled, or by definitely undesirable methods such as bribery, either outright, or in any one of its many subtle forms. Lobbying is usually thought of as being conducted chiefly by business corporations and private interests, but it may be carried on as well by chambers of commerce, boards of trade, labour organizations, farmers' alliances, philan thropic agencies and welfare organizations, many of which are actuated by high motives and working only for the public good. Indeed, the work of such organizations has in recent years as sumed larger importance, and their influence is perhaps, greater than private corporations were ever able to exercise. Examples of such powerful organizations since the World War are the various peace societies, soldier associations, prohibition and anti prohibition interests.

Lobbying in so far as it helps to place first-hand facts and reliable arguments before congressmen may be of great assistance and is indispensable. However, to the extent that biased in formation is given which may unduly influence congressmen who do not verify its claims, such lobbying is also decidely pernicious. Furthermore every congressional member is pestered by well meaning hobby-riders with impractical schemes or reforms. But the type of lobbying most dangerous to public interests is the secret work of agents of powerful corporations which seek to institute or influence legislation in their favour regardless of the general welfare. These agents are usually attorneys, or "lame duck" congressmen who have failed of re-election, who are well versed in legislative procedure and keep in close touch with the passage of business in both houses, so that by a little pressure and manipulation at favourable times they exert an undue influence, even when their methods are honest.

The lobbying evil became serious by the end of the 19th and beginning of the 2oth century when trusts and corporations were at the zenith of their power and largely uncontrolled. A num ber of investigations with startling disclosures resulted in a move ment to curb undesirable features. All States have laws severely

punishing the actual giving and taking of bribes. Most States have constitutional provisions prohibiting the legislature from passing acts of a local or private nature. The Massachusetts Act of 189o, which served as a model for legislation in Maryland (1900), Wisconsin (1905) and an increasing number of States, attempted to deal directly with the evil upon the publicity principle. Lobbyists must register with the sergeant-at-arms, giving the names and addresses of their employers and the terms of their employment. Most States at present have anti-lobbying laws, but they are difficult to enforce and in many States there is little attempt to enforce them. Senator R. M. LaFollette (q.v.) a leader in the anti-lobbying movement, argued against personal contact of any sort between the lobbyist and congressmen, main taining that "every legal argument which any lobbyist has to offer, and which any legislator ought to hear, can be presented before committees, before the legislature as a body, through the press, from the public platform, and through printed briefs and arguments placed in the hands of all members and accessible to the public." On the other hand, hearing testimony before com mittees is possible for only a small number of the members of any legislative body, while few congressmen have time to read a tithe of the literature submitted to them, and they can hardly be expected to see but a small portion of the information contained in the public press. Little is left but uncontrolled contact with men directly interested.

Lobbying by private interests has become a potent factor in both Federal and State legislation. So incriminating were the dis closures revealed in an investigation of certain company activities in 1928, and so active were other organizations, that the U.S. Senate was moved to pass an anti-lobbying bill without a dis senting vote, only to see it die in the House. Renewed investi gation in 193o and again in 1935 disclosed the undercover activ ity of pressure groups seeking favourable legislation on tariffs, utilities, armaments and what not. Senator Black's bill provid ing for the registration and regulation of lobbyists passed the Sen ate in May 1935 but stopped in the House Judiciary Committee.

See

P. S. Reinsch, American Legislatures and Legislative methods (1907) ; R. Luce, Legislative Assemblies (1921). The activities of a typical lobby, that of the power companies, can be followed in the Congressional Record, vol. lxix., pp. 10,229-10,254.