Every evening, Wilmington daily commercial., 1920-01-13
NFWRERRY FACES TRIAL,
MICHIGAN COURT RULES
Between $500, 900 and 81, 900, 600
Expended ON His Campaign
Indictment Sets Forth.

Grand Rapids, Mich, Jan. 13.-The
authority of Congress to regulate not
only the election of its members, ptt
their nomination as well, was upheld
bv Federal Judge c. W. Sessions, here'
Yesterday, in dismissing a general deinqT-
rer to indictments against truman I'll.
Newberrv. United States Senator from
Michigan. and l34 Others, charged with
violation of the election laws. AS re-
suit of the decision the trial Will COM
mence as scheduled on January ~.
In arguing for dismissal OF the IN
dictments, counsel for the deienoan's
attacked the constitutiohalty OF the gen
eral election laws and the application
to the present case OF the nall Ir:'u9
section of the United States CrIminai
Code.
Judge Sessions passed over the counts
charging violation of the postal laws
with the statement that any fraud, no
matter what its nature, If the mails
are used in its furtheranCe, comes with
in the meaning of that section OF the
Criminal Code.
The attack upon the first four counts
of the indictments, the court SAID, were
the important issues raised IN the de-
m,,rrer. These counts, however, were
based upon the admitted authority OF
Congress to enact legislation governing
election and nomination OF It's members,
the court ruled.
Considering the federal election laws
n CONJUNCTION with the State statutes.
Judge Sessions declared 1T Is clear, IL
they are valid, that the respondent,
Truman II. Newberry, could not law
fully give or cause to be gwen any sum
in excess Of $3.50, one-half OF the an
nf tsnnUrnSS
In procuring his nomination and election,
and such sum could be expended for no
other purposes than those enumerated IN
the statutes of Michigan.
The Indictment charged that between
$500. 900 and SI,000,000 was expended
ON behalf of Senator Newberry during
the 1918 campaign.
Arguments on the demurrer were
heard last Monday, counsel Tor the
defendants attacking the constitution
alitv of the general election law, and
the application to the case OF what IS
known as the mail fraud section Of the
United States criminal code.
The decision upheld the sufficleney OF
al six counts in the first indictment
which will be made the basis for the
trial.
fThe question of the power of Con
greSS to enact legislation upon WLiCh TIC
first four counts Of the indictment are
based is the important and controlling
issue presented by the demurrer, said
Judge Sessions. The challenge IS 10
the authority Of Congress and not 70
the extent or IL the manner Of the
exercise Of its admitted authority. In
this respect the present case is quite dit-
fcrent from those decisions upon which
counsel for the defense placed the chief
The court then quoted the Act Of
Congress and the act Of the Michigan
Legislature which were attacked IN tho
demurrer and adds:
Combining and constituting together
as must be done, the Federal and State
statutes, it is clear if they are constl-
tutionany valid, the respondent, Tru-
man III. Newberry, in procuring his nom
nation and election could not lawfully
give or cause to be given or spent, any
sum in excess Of $3.50, one-half Of the
annual salary Of q member Of Congress
and such sum could be expended or used
for no other purpose than those enumerated
in thc statutes of Michigan