Bisbee daily review., 1921-03-01
DECISION HALTS |. BROTHERS
 PROSECUTION
Supreme Court Knocks Ont Parts Of Lever Act Used
 To Fight 1T. C. Of l..

WASHINGTON. Feb. 2S.- The su. preme court today held unconstitu- tional the sections of the Lever act under which the government stopped the coal strike Of 1919 and subsequent ly launched its campaign to reduce the cost of living by prosecuting hOarders and of profiteers in food stuffs and other necessities.
 The courts opinion was rendered in an appeal by the government from a decree in lower courts quashing an indictment against an alleged profi- teer in sugar, but it was sweeping In its terms and will have the effect of ending all prosecutions instituted by the department Of justice in its cost of living campaign.
 The action of the government in obtaining injunctions to stop the strike of miners in November, 1919, was not before the court. but depart ment of justice officials said it was under section four which was held invalid, that the government had pro- ceeded.
 The opinion was based largely on the indefiniteness of the sections un- der review
 Associate Justices Brandeis and Pitney dissented as to the reasoning by which the courts decision was reached. but concurred in the result. Accused Not Adequately Informed
 The chief justcie said in his writ ten opinion that the sections under discussion did mot constitute fix ing by congress of an ascertainable nrl 1f nd snh Quate to inform persons accused of violations thereof of the nature and cause Of the aecuSaiion as,.iase them"
 The latitude of possible interpreta- tion was clearly evidenced, he said. by the various cases brought before the court. These cases numbering 10. ranged from specific convictions to denied of injunctiOnS sought by the retailers to restrain government agents from procedeing against them. In some cases the government appeal ed from adverse decisions Of lower courts. Quashing indictments and in others it defended decisions i'll its favor.
 Observe that the sections forbid no specific or definite act" he said. To attempt to enforce these sections would be the equivalent Of an effort to carry out a statute which in terms merely penalized or punished all acts detrimental 10 public interests when injurious or unreasonable in the esti- nation of a court and jury.
 We are of the opinion that the court below was clearly right in rul- ing that the mere existence of state of war could not suspend or change the operation of the guarantees and limitations of the fifth and sixth amendments.'
 Change Must Be Specified
 These sections of the constitution declare that in all crirtinal prosecu- tions the accused "shAn have the right to be informed of the nature and cause of the accusation" and that the charge must be specifically set forth in the indictment returned.
 Section four of the Lever act made it unlawful ito limit facilities for producing, harvesting, storing or dealing in any necessities, to restrict distribu- tion of any necessities. to prevent. limit or lessen production of any ne- cessities to enhance the price thereof or to exact excessive prices for any necessities"
 The court took as the test case that of the L. Cohen Grocery company of St. Louis. which had been indicted for violation of the act, because of the sale of 50 pounds of sugar for SlO.O7, or at more than 20 cents d pound. Decision Of lower courts sus- taining a demurrer to the indictments on the ground that the section viOlat- ed the fifth amendment was affirmed.
 Justice White then took up the other nine cases, giving the effect of today's decision.