Norwich bulletin., 1921-03-01
SECTIONS OF THE LEVER ACT
DECLARED UNCONSTITUTIONAL

Washington, Feb. 2S.-The supreme
court today held unconstitutional the
sections of the Lever act under which the
government stopped the coal strike of
1919 and subsequently launched its cam
paign to reduce the cost of living by
prosecuting hoarders of and profiteers in
foodstuffs and other necessities
The courts opinion was rendered spe-
cifcally in an appeal by the government
from a decree in lower courts quasing
an indictment against an alleged profit
eer in sugar, but it was sweeping in its
terms and will have the effect of ending
all prosecutions instituted by the depart
ment of justice in its cost of living cam
paign.
The action of the government in OBJ
tanning injunctions to stop the strike of
bituminous-m miners in November, 1919,
was not before the court, but department
of justice officials said that it was under
section four. which was held invalid, that
the government had proceeded against the
miners.
The opinion of the court was based
largely on the indefniteness of the Sec
tions under review Chief Justice White,
departing from his prepared opinion, re-
| marked that the scope of the sctions
apparently was 'as broad as human ina
gination' and that the degree of crfnni-
ards
Associate Justices Brandeis and Pitney
| dissented as to the reasoning by which
| the courts decision was reached, but
concurred in the result.
The chief justice said in his written
| opinion that the sections under discus
! sion did not constitute a fixing by con-
gress of an ascertainable of standard of
guilt and were not adequate to inform
persons accused of violations thereof of
the nature and cause of the accusation
| against them
| The wide latitude of possible interpre-
taton was clearly evidenced, he said, by
| tho varied assortment of cases brought
| before the court to test the act. These
cases. numbering ten in all. ranged from
specific convictions to denial of injunc-
| tions sought by retailers to restrain gov
| ernment agents from proceeding against
| them. In some cases the government ap-
pealed from adverse decisions of lower
courts, quashing indictments, and in 9TH
ers it defended decisions in its favor
| Observe that the sections forbid nc
specific or definite act" said the chief
justice.
ITO attempt to enforce these section'
would be the exact equivalent of an ef'
i fort to carry out statute which, in
terms, merely penalized or punished al
acts detrimental to public interests wher
Injurious or unreasonable in the eStima
ton of court and jury.
We are of the opinion that the couP
below was clearly right in ruling tha
the mere existence of state of war couh
not suspend or change the operation o.
the guarantees and limitations of th'
fifth and sixth amendments such as W.
4 are here passing upon"
These sections of the Constitution de
leIare that in all criminal prosecution!
1.-THE accused shall have the right 10 b.
informed of the nature and cause of IN,
accusation" and that the charge must b.
, specifically set forth in the indictmen
. returned against him.
Section four of the Lever act made
unlawful ''to limit facilities for trans
I porting, producing. harvesting, manufac
: turing, storing or dealing in any neces
: sites; to restrict distribution of any nee
/ essities; to prevent, limit or lessen th
production of any necessities in order t
enhance the price thereof, or to exact ez
. cessive prices for any necessities.
: The court took as the test case that c
: the L. Cohen Grocery Company of S
: Louis which had been indicted for viola
ton of the act. because of the sale c
d fifty pounds of sugar for $10.07, or at tn
:, rate of more than 20Scents a pound. DE-
e cision of lower courts sustaining a dt
e murrer to the indictment on the groun
n that the section violated the fifth amend
a nent was affirmed by the supreme cour
} Justice White then took up the otht
|, nine cases in turn, giving the effect {
g today's decision.