Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1921-05-03
j. s. HIGH COURT
REVERSES DECISION
IN NEWBERRY CASE

WASHINGTON, May 2.-Convic-
ton of United States Senator Tru-
man H. Newberry in federal courts
in Michigan for conspiracy to vio-
late the federal corrupt practices act
was set aside today by the supreme
court.
The conviction of sixteen other de-
PENDANTS also was set aside. The
court held that congress was with
out power to regulate primaries.
Justice McReynolds read the opin-
ion to which Justice Mckenna dis
sented as to the power of congress-
but agreed as to the decision.
Chief Justice White also dissented
fromasthe decision that congress did
not have power to control all cleo
tons, but agreed that the statute had
been grossly misconstrued."
Justice McReynolds said that the
lower court er1er in dismissing the
demurrer of the defendants.
134 We're Indicted
The senator under the decision
is left free to serve out his term,
the senate committee Investigating
the Newberry election having
determined that there was no fraud
| in the count of the votes.
| Senator Newberry and his associ-
ates were convicted under the fed
eral law which provides that not
more than $4,000 shall be spent in
any one senatorial campaign. 1t
n hnf fn. n
his campaign managers spent at
! least 100000 to win the election.
Aggregate deposits of the Newberry
campaign committee were claimed
to be $17S,S5720.
Originally 1874 persons were in
dicted but only II were convicted.
Unlawful assistance. to election Of
| ficials, bribery of voters, as well
banquets, entertainments, speakers
and detectives were charges aaginst
Senator Newberry.
AS part of the defense it was
claimed that Senator Newberry did
not eXpend dollar to win the cleo
ton. 1t was claimed that the pur-
pose of the statute was not to pre-
vent others from contributing to
| campaigns, but merely to prevent
the candidate from expanding more
than $4,000. Senator Newberry's
| attorneys admitted that the senator's
organization financed the primary
campaign of James w. Helme against
Ford for the Democratic nomination,
Those Convicted
Those convicted with Senator
NeWberry, who received varying
sentences or fines. or both, were:
John S. Newberry, his brother;
Paul H. King, executive head of the
campaig; Allan A. Templeton, execu-
mittee; b. F. Emery. Harry o. Turn
er, E. v. Chilson, Hannibal A. Hop
kins, James f. MoGregor, Charles A.
Floyd, Roger M. Andrews, Frederick
Cody, Milton Oakman, Richard H.
Fletcher, Fred Henry, William
Nickel and George s. Ladd.
The main reason for the reversal
was that the court decided that con-
gress had exceeded its authority in
attempting to regulate primary cleo
tons of United States senator's
through a section of the federal cor
rupt practices act.
Because of this the lower court
should have sustained demurrer to
the indictment. Justice McReynolds
said.
The inference was that the rest of
the act will stand.
Justice McReynolds declared the
ultimate question to decide in the
case is whether under the grant to
congress that body has the power
to regulate primaries.
"The constitution refers to final
elections, not primaries, and we can
not conclude that congress can reg
ulate PRIMARIES" he said.