New-York tribune., 1921-05-03
Tribunal Unanimous in
Reversing Conviction Of
Michigan Senator and
10 Campaign Workers
Corrupt Practices
Act Is Held Invalid
Jurists Divide, S to 4,
on Constitutionality, but
Agree Trial Judge Erred

| V@Ao1AAASuAo AoN, May 2.-SettinI
aside the conviction Of Senator Tru
man II. Newberry. of Michigan. ant
sixteen others for violation Of the Fed
eral corrupt practices act, the Suprem,
Court held to-day that the act was un
constitutional.
The court was unanimous in rcyers
ing the convictions. but divided five /,
four as to the validity Of the law
Chef Justice White and Associate Jus
tees Pitney. Clark and Brandeis dis
seated from the courts findings tha1
Congress was without power to reru
late state primaries. but concurred IL
the reversal. which they thought should
have been based on the error Of the
TRIAL judges instruction to the jury.
Justice McKenna. while concurrine
IN the majority opinion "as applied te
the statute under consideration" re.
served the question of the power ot
Congress under the Seventeenth
Amendment-which provides for direct
election OF Senators--to supervise pri.
maries.
Doubt as to Next Moves
Opinion was divided in the Senate
as TO the effect of the decision upon
future activities of the Elections Com
mittee with regard to the MICHIGAN
election of 1918, in which Henry Ford
as the Democratic candidate, opposed
Mr.. Newberry for the Senatorshin
Senator Dillingham;, chairman of the
committee, said chat since the corrupt
practices law haa been held uncon-
stitutional it appeared that the COM
mittee would have no further jurisdic-
tion.
On the other hand, Senator Spencer,
chairman of the Subcommittee which
has been considering the Ford New
berry case, announced that despite the
decision the inquiry would be contin-
ued to determine, he said, who was
elected and, as we'll, Mr.. Ford's charge
OF fraud. The sub-com mittee has xoni
pleted its recount of votes, which gave
Senator Newbcrry a majority. Action,
however, has not yet been taken on the
recount.
Senator Newberry has taken no part
in Senate affairs and has not been in
his seat in the Senate since he was
convicted and sentenced to serve tw1
years in the Leavenworth Fedora.
prison and pay $4,000 fine. He was
in Detroit to-day.
Holds Primaries Not Covered
The courts decision was that the di-
rect election amendment had not af-
fected Section 4, Article 1, of the Con-
stitution, which, the majority opinion
said, while it gave Congress the power
to regulate the manner of holding cleo
tions, did not confer on it authority TO
control party primaries or conventions
for selection of candidates fol Federal
offices.
Domestic affairs of the states would
be interfered with and liberties re-
served to the people would be in
fringed upon if Congress under exist
ing laws was held to have control over
primaries, the opinion sta+ad. 1t was
pointed out also that inasmuch as
states may suppress whatever evils
may be incident to primary or conven-
tion," and each house of Congress has
the power to judge the elections, quail
fications and returns Of its own mem
bers, and inasmuch as Congress clear
ly has authority to regulate by law the
times, places and manner Of holding
elections, "the national government is
not without power to protect itself
against corruption, fraud and other ma
lign influence"
White Finds Ruling Dangerous
Chief Justice White, in his dissent
ing opinion, predicted that legislation
would be enacted to give Congress
power over primaries. Otherwise, he
said, government cannot live" The
proposition that the power Of states
solely to control primaries is not af-
fected by the right Of Congress to reg
ulate elections was referred to as "suf-
cidal" by the Chief Justice, who de-
clared that in states in which the pri-
mary has become the controlling fea-
ture Of elections "the election is still
born and the vote without power or
weight"
"rhe case is here by direct appeal
because of the contention that pri-
maries of that character are not sub
ject to the regulating power of Con-
gress," Chief Justice White said, "and
as an incident there is involved the
contention that even if the act Of Con-
gress was constitutional it had been
misconstrued.
Sustaining the first of these conten-
tions, and therefore deciding the act
fcorx1nted an nsvt n.na>