The Washington herald., 1920-02-25
tsy = s..s Correspondent,


First Article.)
Grand Rapids. Mich. Feb. 23.-fn
the lexicon of the muckrakers the
mass prosecution OF those involved
In Truman III. Newberry's election
to the United States Senate prob
ably would enjoy the title OF The
Shame OF Michigan but this does
not fit the case. Michigan refuses
to blush at its alleged iniquity. In
stead smiles and contentment are
mirrored In the faces of the 123
defendants. including the chief act
or. who day after day face the jury
which Is to determine their guilt or
innocence. They languidly listen to
the legal interpretations Of Clar-
ence w. Sessions. United States dis
trtct judge. before whom the trial
is held. and fervently hope that tho
oratory will oe finished before the
moisture is entirely out or the
ground.
Originally there were 1875 defend
ants. but ten pleaded nolle conten-
dere, one Ia sick and another IL In
South America. OF the 123. twenty
three pleaded not guilty while the
remainder stood mute.
Every morning except Sundays,
the army of the indicted troop into
the Federal Building to listen to
tales of reckless expeditures that
are alleged to have been made In
order to make Truman II. Newberry
Senator. Fishermen, laborers. raii-
road men. game wardens, lumber
jacks, printers. miners and factory
workers rub elbows with bankers,
l..A L. h.aa
ticians and editors before the bar,
all tarred by The same stick of cor
ruption. according to the prosecu-
tion. which Is trying to convict q
batch for conspiring to elect a Re-
publican millionaire instead Of q
Democratic one.
First Trip for Many.
To many of the defendants II is n
show. Some have never seen a big
kcity. One has never been outside
his own county until invited by the
government to take a krop to Grand
Rapids. All. however. seem to have
been fervent patriots bent on saving
Henry Ford an extra trip to WASH
ington. Price, IL is true, figured, IS
and up. Small change did not seem
to be In evidence during the twin
campaigns of primary and election
except in expenses where car fares
we're frequently mixed up with gas
oline bills and banquet accounts.
The sordid exhibits do not ma
terially differ from other similar
trials except in the seemingly tech
nical fouting of state and national
laws. The Federal Corrupt Practice
Act limits campaign expenses for q
United States senator to $40, 900. The
law of the State of Michigan con-
fines the expenses to one-half of the
first years salary, or $3.50. As the
state law snpersedes the federal act
the indictments were sought under
the former enactment and the de-
fendants were indicted for conspir-
acy to violate the electoral law and
also for conspiracy to use the mails
to defraud. each defendant being in
dicted on four counts. Judge Ses-
sions in an opinion from the bench
laid down this dictum:
"The respondent. Truman II.
Newberry, in procuring his
nomination and election could
not lawfully give or cause to be
given or spent any sum in ex-
cess of s3,750."
Hinges on knowledge.
AS interpreted the guilt or inno-
cence of Senator Newberry, himself
hinges on whether he was cognizanr
of any expenditures above that sum.
There is no unanimity as to the
legality of how much an outsider
might spend for a candidate so long
as the candidate himself Is not
knowingly a party to the act. The
fact that the Newberry campaign
committee flied a report at Lansing.
showing expenditures of over S176,-
900, would indicate that II did not
think that the law had been vio-
lated. The Henry Ford Committee
fled a report showing expenditures
of $4,000.
To those who are not swayed by
partisan bias the trial Is of para
mount Importance nationally. 1t Is
AROUSED that IL the defendants are
found guilty revolutionary reform
in the conduct OF elections will
follow. If those indicted are turneS
loose the verdict will be Interpreted
to mean that the sky Is the limit
and that Senatorial eIecnons will be
decided by the size of the barrel.
Prosecutor Frank c. Daily, Of In
dianapolis, assistant attorney gen.
eral. believes that he will be able to
prove a conspiracy. He has an army
of between 500 and 700 witnesses on
tap. He is constantly impressing on
the jury and court that corruption
had to follow in the golden trail
which reached every hamlet in the
State. That Senator Newberry had
knowledge Of this he In trying to