Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1921-05-06
NEWBERRY GETS BY !.
Court Sets Aside the Conviction Of
Michigan Senator.
CORRUPT PRACTICE ACT, NULlflED


Was Divided on the Best Way to Get
Around the Problem.
Washington, May 2.-Setting aside
the conviction Of Senator Truman H.
Newberry of Michigan and sixteen
Others for violation Of the Federal cor
rupt practices act, the supreme court
held today that the. act was unconstitu-
tional. --i.,e.,t.
The court was unanimous in revers-
ing the convictions, but divided 5 to: 4
as to the validity of the law. Chief
Justice White and Associate Justices
Pitney, Clark and Brandeis dissented
from the courts. finding that congress
was without power to regulate state
primaries, but, concurred in the reyers-
al which, they thought; should have
been based on the error Of the trial
judges instructions to the jury.
Justice McKenna. while concurring in
the majority opinion "as applied TO the
statute under consideration: reserved
the question of the, power Of. congress
under the 18th amendment-w pro-
vides for direct election sof senators-to
supervise primaries. 81.
Opinion was. divided in the senate as
to the effect Of the decision upon fu-
ture activities Of the elections COM
nittee with regard %. the Michigan
election of, 1918 In which. Henry Ford,
as the Democratic candidate, opposed
Mr.. Newberry for the senatorship. Sem
fator Dillingham;. chairmantof the COM
mittee, said that since the corrupt
practices law had been, held unconstt-
tutonal it appeared that the commit
tee would have. no further Jurisdiction.
On the other hand, Senator Spencer,
chairman Of the sub committee, which
has. been considering the, Ford-New-
berry case, announced. that despite the
decision, the inquiry would be contin-
ued to determine, he said, wEo. was
elected, as well as Mr.. Ford's charge
of fraud. The sub committee has COM
pleted it's recount. of votes; which gave
Senator Newberry a majority. Action,
however, has not vet been taken on the
recount. Senator Newberry has taken
no part in senate affairs and has as not
been: in his seat in the senate sin he
was convicted and sentenced to Serve
two years in the. Leavenworth Federal
prison and pay $4,000 fine. He. was
in Detroit today. ,,,.... =:
Has No Authority. =
The courts decision was that. the d.
rect election amendment had not af-
fected Section 4, Article Of the con-
stitution, which, the majority opinion
said, while it gave congress the power
to regulate the manner Of holding elec-
tionas, did not. confer on it authority to
control party primaries or conventions
fo- selection Of candidates for Federal
Offices.
Domestic affairs of the states would
be interfered with ard liberties reserv-
ed for the people would be infringed
upon if congress under existing law,
was held to have control over prima-
ries the opinion stated. It was pointed
out also that in as much as states
may suppress whatever evils may be
incident to primary or convention" and
each house Of congress has the power
to Judge the elections, qualifications
and returns Of it's own members, and
in as much as congress clearly has au-
shortly to regulate by law the. times,
places and manner Of holding elections
1.-The national government is not with
out power to protect itself against cor
ruption, fraud and other malign in1u-
ences."
Chief Justice Dissents.
Chief Justice White, in his dissent
inc opinion, said he favored reversal OF
Judgment, obtained in the lower court
against Senator Newberry and 16 9TH
ers without prejudice to another trial,
because of the grave misapprehenslon
and grievous misapplication OF the
statute upon which the conviction ana
sentence below was based"
The chief justice made the prediction
that legislation. would be enacted TO
give congress power over primaries.
otherwise, he said, government can
not live" The proposition that the
power of states solely to control pri-
maries is not affected by the right OF
congress to regulate elections was re-
ferred to as suicidal" by the chief JUS
tice. who declared that in states IN
which the primary has.become the con-
trolling feature of elections, "the e'ec-
ton is still-born. and the, vote without
power or weight"
The dissenting opinion of Justice
Pitney, concurred in by Justices Bran
deis and Clarke, said 1T would be trag-
ic if that provision Of the constitution
which has proved the sure defense OF
every OUTPOST Of national power should
fail the very foundation Of the cita-
del"
Commenting on the importance OF
exercising vigilance over the conouct
of primaries, Justice Pitney said SIN
ister influences cxerted upon the pri-
mari2s inevitably have their effect up
! on the ultimate election-are employed
for no other reason"
"To safeguard the final elections"