The New York herald., 1921-03-01
Decision Halts Government
Prosecutions in High
Cost Of Living Campaign
on Profiteers.
lest CASE ON SUGAR
PROVISIONS of Section 4 Are
Broad as Human Imag-
inatiOn,' Comment of
Chief Justice.
. UILT STANDARD VAGUE
,ecision Also Voids Section
Under Which Strike of Soft
Coal Miners in 1919
Was Stopped.
!UILT STANDARD VAGUE

WASHINGTON, Feb. 28.-The Supreme
4 ,urt to-day held unconstitutional the
ctions or the Lever act under which
Al 3 Government stopped the coal
33.rike of 1919 and subsequently
#iunched its campaign to reduce the
.,st of living by prosecuting alleged
tStarders Of and profiteers in foodstuffs
lid other necessities.
The courts opinion was rendered
I, ecifically in an appeal by the Gov
IA nment from decree in lower courts
N ashing an indictment against an al
4. red profiteer in sugar. but it was
eeping in its terms and will have
.I-, effect Of ending all prosecutions
N ltituted by the Department OF JUS
M b in it's cost of living campaign.
VA rhe action Of the Government in OBJ
H ming injunctions to stop the strike
@i. bituminous miners in November,
.tl9, was not before the court, but
## partment of Justice officials said
Ii 1t was under section 4. which WAS
NJ Ia Invalid. that the Government had
ii. .,ceeded against the miners.
Comment by Chief Justice.
rhe opinion of the court was based
geiy on the indeflniteness Of the sec
as under review. Chief Justice White.
,arting from his prepared opinion, re-
rked that the scope Of the sections
sarentIy was "as broad as human
sginationr and that the degree OF
Ininality was left TO ever changing
ndard"
Associate Justices Brandeis and Pit
disscnted as to the reasoning by
\ ich the courts decision was reached
concurred in the result.
The Chief Justice said in his written
# nion that the sections under discus
# h did not constitute fixing by Con-
IS of an ascertainable of standard
IL guilt" and were not adequate to in
m persons accused of violations there
## of the nature and cause OF the accu-
asF ion against them"
ehe wide latitude OF possible interpre-
lon was clearly evidenced, no said,
tho varied assortment of cases
/. ught before the court to test the act.
.se cases, numbering ten In ail, ranged
IN specific convictions to denial OF in
4a tions sought by retailers to restrain
vernr,ent agents from proceeding
Inst them. In some cases tho Gov
.ment appealed from adverse decisions
lower courts quashing indictments
IA In others II defended decisions In It's
.or.
Observe that the sections forbid no spe-
or definite act" said the Chief jus
!. 10 attempt to enforce these Gee
as would be the exact equivalent OF
effort to carry out a statute which. In
ms, terely penalized or punished all
detrimental to public interests when
uriout or unreasonable in the estima-
OF 4 court and a jury.
Amendmcnts violated.
We are of the opinion that the cour.
ow WIS clearly right In ruling that
mer, existence OF state of war
Id nos suspend or cnange the opera
OF tie guarantees and limitations OF
firth hnd sixth amendments such as
are tre passing upon
hose sections of the Constitution do
re tha In all criminal prosecutions
accusd shall have the right to be
,rmedbf The nature and cause of the
usatld." and that the charge must
specifically set forth In the indiotmen Mt
armed against him.
;ection OF the Lever act made It
lawful % limit facilities for transport
!. predicting. harvesting. manufactur-
storilg or dealing In any necessities,
restrict of any necessities.
preveft. limit. lessen the production
a any necessities In order to enhance the
co Thereof. or to exact excessive prices
any necessities"
rhe cort took as the test case that of
i l.. Chen Grocery Company OF st.
uis. which had been Indicted for vio-
ion OF he act because of the sale Of
~ pouris OF sugar for $10.07, or at
rate Z more than 20 cents a pound.
cislon lower courts sanctioning
nurrer to the Indictment on the
ound tltt the section violated the
sth Amhdment was offered BY the
prcme 6urt-
0ther Dectstons Announced.
Justice White then took up the other
ses In arm. giving the effect OF to-
US deciIon. In brief, they are:
Y. T.. bennington and others. mer-
ants of Jackson. Miss. appealing
,m refusd Of lower courts 10 Issue an
junction versus Attorney General
liner appalling from refusal of lower
arts to ifeie an Injunction. Decree OF
yer COURT reversed.
A. T. Lcfis 4 Co. and twelve other
,rchants 4 Denver. Col. appearing AZ
fendants h the appeal brought by tho
wernmenfrom an Injunction restrair~
the Attrney General from prosecut-
them. Tower courts sustained and
junction rade permanent.
Tho Detrt Creamery Company. Ben
awartz al Jacob M. Smith. separate
ses. dcfennng DEGREES of lower courts
-