The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1921-03-05
LEVER ACT
KNOCKED OUT
Court Declares 1t Un-
constitutional in Vital Par
ticulars
CASES AGAINST FOOD
PROFITEERS ENDED
Prosecutions of Hoarders and
Profiteers Not Warranted BY
The Law

Washington. Feb. 2S.-Thc su-
I premc court today held uncOnstitu-
/ tional the sections of the Lever act
under which the government stopped
the coal strike of 1919 and subsc-
quently launched it's campaign to re-
duce the cost Of living by prOsecut-
ing alleged hoarders of and proiitcers
in foodstulfs and other necessities.
The courts opinion was rendered
specifically in an appeal by the gov
ernment from q decree I'm lower court
but it was sweeping in it's terms and
will have the effect of ending all
prosecutions instituted by the depart
ment of Justice in its cost of living
campaign.
| The action of the government in
obtaining injunctions to stop the
strike of bituminous miners in No.
! vembcr, 1919, was not before the
court, but depart mcnt of Justice of
icials said that it was under Sec
| tion 4. which was held invalid, that
the government had proceeded
| against the miners.
/ The opinion of the court was based
largely on the indefinitcness of the
sections under review. Chief Justice
I White, departing from his prepared
/ opinion, remarked that the SCOPE Of
the sections apparently was "as broad
as human imagination" and that the
/ degree Of Criminality was left to ever
| changing standards.
| Associate Justice Hrandcis and
! Pitury dissentcd as to the reasoning
/ by which the courts decision was
reached. but concurrcd in the re-
suit.
| The chief justice said i'm his writ
ter opinion that the sections under
! discussion did not constitute "a fix
ing by congress of an ascertainable
standard of guilt and were not "adc-
quate to inform persons accused OF
violations thereof of the nature and
cause Of the accusation against
them"
The wide latitude of possible in
| depreciation was clearly evidenced
he said, by the varied assortment Of
cases brought before the court to
test the act. These cases, numbering
ten i'm all ranged from specific con-
victions to denial of injunctions
sought by retailers to restrain gov
ernmcnt agents from proceeding
against them. In some cascs the gov
crnmcnt appealed from adverse de-
cisions OF lower courts quashing ir-
dictmcnts, and in others it defended
decisions i'm its favor.
"Obscrve that the sections forbid
no specific or definite act" said the
chief justice.
"TO attempt TO enforce these SOC
llfty a L.. e, L.,
an effort to carry out Il statute which
IN terms merely pcnalZcd or pub
iShcd all acts detrimental TO public
interests when injuries are unrcason-
able In the estimation Of Il court and
"a jury
I'VE are Of the opinion that the
court below was clearly right in iul-
ing that the mere existence of Il state
of war could not suspend or chang,
tine operation of the guarantees and
limitations of the firth and sixth
amendments such as we are here
passing upon"
These sections Of the constitution
declare that i'm all criminal prosccu-
TONS the accused "Shall have tn,
right To bc informed of the natur,
iard cause OF the accusation" and
Ithat tn" charge must be spcciiicalIN
set forth in the indictment return
cd against him.
Section I OF the Lever act made il
!un'aWiul TO limit facilities for trans.
porting. producing, harvesting. man.
utacturinS. storing or dealing i'm any
necessities; To restrict distribution OF
any necessities; to prevent. limit q,
lessen the production OF any ncCcssi.
Ties i'm order to cnharce the Dric,
THEREOF, or to exact excessive price,
for any necessities"
The court took MS the test cas-,
that Of the l.. Cohen Grocery com.
lary Of 81. Louis. which had beer
indicted cor Violation OF the act be.
cause OF th" SH'o of % pouuGs of su.
tar Ter $l0."1 Or at The rat" ur r,or,
IMAM 20 cents pound. Decision ol
ia" lower courts sustaining dcmIlY-
r"r to tho indictment ON tho ground
That tho section vio'atod the nnh
amendments was affirmed by tho srl.
prcmc court.
ca" "f the test cases was that Of
ih" b""lhV t,ro.'ry cuIupuuy. uppc:.l-
ing from conviction nm Gclraia o.
t"Eiu" uuflir pr"uta ou so'cs Of food
sNdi+. Conviction was reversed.