The Birmingham age-herald., 1921-05-03
CORRUPT PRACTICE
 ACT HELD INVALID;
 NEWBERRY FREED
Supreme Court Unanimous In Reserving Conviction, But Divides, 5 to 4, on Valid
 ity of the Law
By Associated Press

Newberry of Michigan and 16 others, for violation of the federal corrupt practice act, the supreme court held today that the act was unconstitu- tional.
 The court was unanimous in revers- ing the convictions, but divided five to four as to the validity of the law. Chief Justice White and Associate Justices Plttney, Clark and Brandeis dissented from the courts finding that Congress was without power to regulate state primaries but concurred in the reversal which, they thought, should have been based on the error of the trial judges instruction to the jury.
 Justice McKenna, while eoncurring in the majority opinion, ''as applied to the statute under consideration, reserved the question of the power of Congress under the seventeenth amendment-which provides for direct election of senator's to supervisei primaries
 Opinion was divided in the Senate as to the effect of the decision upon future 5 activities of the elections committee with regard to the Michigan election of ll98, in which Henry Ford, as the democratic candidate, opposed Mir. Newberry for the senatorship. Senator Dillingham;, chair man of the committee, said that since the corrupt practices law had been held unconstitutional it appeared that the committee would have no further juris- dicton.
 TO CONTINUE INQUIRY
 On the other hand Senator Spencer, chairman of the subcommittee which has been considering the Ford-Newberry case, announced that despite the deci- sion, the inquiry would be continued to Jat ha Sui wi elected and to probe MT. Fords charge of fraud. The subcommittee has completed it's re- count of votes, which gave Senator New berry majority. Action, however, has not 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 con victed and sentenced to serve two years in the Leavenworth federal prison and pay a sl0,000 fine. He was in Detroit today.
 The courts decision was that the di- rect election amendment had net affected Section < Article of the constitution, which, the majority opinion said, while it gave Congress the power to regulate the manner of holding elections. did not confer on it's authority to control party primaries or conventions for selection ot candidates for federal offices.
 Domestic affairs of the states would be interfered with and liberties reserved to the people would be infringed upon if Congress, under existing law, were held to have control over primaries, the opinion stated. It was pointed out also that inasmuch as states may suppress gwhateyer evils may be incident to pri- mary or conventions and each house of Congress has the power to judge the elections qualifications and returns or it's own members, and lnasmuch as Con sress clearly has authority to regulate by law the times places and manner or holding elections the national govern ment is not without power to protect itself against corruption, fraud and other malign influences
 FAvORS NEW TRIAL
 Chief Justice White, in his dlssent- ing. opinion- said he favored reversal of judgment obtained in the lower courts against Senator NeWberry ana Is others without prejudice to new trial. 'tbecause of the grave mlsap- prehension and grievous misapplica- ton of the statute upon which the conviction and sentence below was based"
 The chief justice made the predic- ton that legislation would be enacted to give Congress pow CT over primaries Otherwiss, he said, "governn ent can not live" The proposition that the power of states solely to control primaries is not affected by the right of Congress to regulate elections was referred to as "suicidaf' by the chief justice. who declared that in states in which the primary has become the controlling feature of elections, "the election is still born and the vote without power or weight.
 s'rhe influence of who is nominated for elective office,' his opinion said upon the result of the election to fill that office is so known of all men tha- the proposition may be left to destroy itself by it's own statement" The dissenting opinion of Justice Pitney concurred in by Justices Bran | deis and Clarke. said it would be tragic if that provision of the con stitution which has proven the sure defense of every outpost of national blower should fail the very foundation of the citadel"
 Justice Pitney declared as untena- hle the contention that Congress could not have been given power over primaries since they were not known when the constitution was framed Other agencies, such as railroads and the telegraph, which have developed since colonial days, have b en brought within the scope of federal laws, he | added.
 Commenting on the importapce O. exercising vigilance over the conduct of the primaries. Justice Pitney said, sinister influences exerted upon the primaries inevitably have their effect upon the ultimate election--and are employed for no other reason"
 To safeguard the final elections" the opinion stated, while leaving the proceedings for proposing candidates unregulated is to postpone regulation until it is comparatively futile"
 WILL RESUME SEAT
 Detroit May 2.-Senator Truman IT. Newberry whose convictiop in district court at Grand Rapids of conspiracy to violate the federal corrupt practices act was set aside by the United States su :. preme court today, plans to leave for Washington within a few days to resume his seat in the Senate, he announced to- night, The senator had declined to sit IT. the Senate pending the courts decl- sion on his appeal.
 Senator Newberrys only comment on the supreme court decision was that he was "thankfM the good name of Mich isan had been cleared, that those who Associated with me have been vindicated and that the confidence of thousands of loyal friends has been confirmed''
 The senator spent the entire afternoon
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