United States v. Malphurs

STRUM, District Judge.

The indictment herein charges defendants with unlawful activities, hereinafter more fully stated, in connection with the Florida State primaries held during May, 1940, in which United States Senators and Representatives were nominated.

At the former hearing upon defendants’ demurrer to the indictment, §§ 3 and 4 of the Hatch Act, 18 U.S.C.A. §§ 61b and 61c, were urged by the District Attorney as the sole basis for said indictment. This Court held that the indictment charges no offense under the Hatch Act, because the legislative history of that Act indicates a clear…