Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-11-30
CONSPIRACY AND
CORRUPTION USED
TO DEFEAT FORD
CONTINUED from Page one)

(GOntlnueG from rage One)
Souter, of Grand Rapids, former as
sistant district attorney and OliVer
Pagan, indictment expert for the de-
/ partment of justice took both state
I ana federal laws as the basis for the
indictments The federal corrupt prac-
/ tees act of 1910 limits the expendi-
I lures of senatorial candidates to $l0,-
! 000, and requires that four statements
/ be filed with the secretary of the SEN
ate, one preceding and Following first,
| the primary and then the election.
| The Newberry affidavit cited in the
/ second Indictment was filed in accord
ance with This act
! The second federal corrupt prac-
tees act, which the indictments al
legged was violated. was passed in Oc
toher 1918. 1t made bribery Of
| voters a crime after several federal
courts held that such an act was not
an otfense against the laws of the
United States This law came into
being after the Michigan primary, but
just ahead of the election.
state Laws Brought In.
The state laws were brought in be-
cause the act OF 1910 provides that #
a state limits campaign expenditures
act, then the state law shah apply to
campaigns within that common
wealth. AS it happens the Michigan
statutes limit campaign expenditures
to fourth of the yearly salary Of the
position sought for each primary OF
election campaign. An aspirant for
United States senator in this stats
may, therefore, it was argued, spend
only $1,S7b on the primary. and an
equal amount on the election cam
paign
To meet q probable defense that
senator Newberrv was ignorant oil
the amount Of money and it's sources
Used in his campaign the government
intends to use a statement issued by
the senator's managers shortly after
the first rumors of corruption began
to be heard This statement shove
receipts of $17S,S5G and expenditures
of $176,56S. OF the contributions,
John S. Newberry the senator's
brother, was credited with $4,000;
A. Victor Barnes, of New York. presi-
dent of the American Book company
and a brother of Mrs Truman New
berry, with $25,00O; Henry 3. JOY, Of
Detroit, another brother-in-law of
the senator. with $4,000, and Mrs.
Henry B. JOY the senator's sister, |
with $4,000
Knew of Contributions?
The government viii attempt 10
show that all these persons conferred |
with Truman H. Newberry while he
was a candidate, thus indicating his |
knowledge Of the contributions,
1t also has number of letters |
which he wrote to politicians while
the campaign was on. Frederick |
Cody, formerly Detroit school teach !
er, but now of New York, and con
nected with the American Book, was |
named as one with whom the caudi- /
date conferred.
These circumstances were also used |
as a basis for the allegation for the |
second indictment, that there was a |
general conspiracy to aid the senator
to obtain office illegally, There are |
two counts to this indictment, one
relating to the primary affidavits ana
the other to the election statements.
The second Indictment starts with
a count which charges expenditures
in excess Of the legal limit in the pri-
mary and election combined; the
second count alleges the same charge
with relation to the primary alone
and the third repeats 1t as to the
alone :
The fourth count charges violation
of the state election law in that more
than Sc, $50 was spent In the two
.f $tlS,0O0 For Advertising.
In this connection, ii is pointed out
that while the federal law does not
forbid advertising in newspapers, the
Michigan statute specifically eN-
cludes such a prediction practice
The statement of expenditures listed
by the Newberry campaign managers
includes items which total about |,
$14S,000 for newspaper advertising. n
The count details that with the ex
cess campaign funds, district ana II
Counx agents and managers anG
secret propagandbsts and
electives were hired and their eS-
I enses paid; moving picture films Il
" ere bought and much literature dis
tTibuted, all of which acts are alleged Il
TO be in violation of the Michigan law
The government agents said they had
proof that one movie film alone cost
SIS. 600.
The fifth count charges conspiracy
TO commit thousands of offenses
against the federal act of October,
1918. forbidding payment of money to
voters.
The sixth count bristles with accu
It alleges that certain de- 4
.epdants each contributed more thor I
he total amount allowed by law,
all the time that they were
the statutes and that GER
ain OF the defendants induced others
% give by falsely reporting the +
amounts. already contributed to tle