The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1921-05-07
WHITEW ASH FOR
ELECTION FRAUDS
Opinion of Supreme
Court Saves Senator From
Prison-Decision on Tech
nical Grounds

I
Eewberrv OF Michigan and 16 others
FOR violation OF the federal corrupt
practices act. the supreme court h@ia
today that the act was uncoHSli'N-
tional.
The court was unanimous in ie-
versiny the convictions. but divided
$ 10 as TO the validity Of the law.
chief Justice White ard Associate
.Justices Pitncy, Clark and BrandelS
oissented from the courts iin"inS.
that congress was without power 10
regulate state primaries, pul con
Cured in the reversal which. they
thoucht. should have been based On
tho error of the trial judges lnsuuc-
ton to the jury.
Justice McKcnna while concurrins
in the majority opinion as appiieo
To the statute under consideration
reserved the question of the power OF
congress under the 17th amendment
which provides for direct election
of scna;ors-to supervise primaries.
Opinion was divided IN the senate
as TO the effect Of the decision upon
<nh,re activities OF the elections com
nittea with regard to the Michigan
election of 1918 in Which Henry orc
as the Democratic candidate. opDoSeo
Mr.. Newberry for the senatofsAlD.
senator Dillingham;. chairman OF lht
committee. said that since the COZ
rupt practices law had been hcld un-
constitutional it appeared that IN,
committee would have no further 1u-
risdiction. On the other hand, Seha-
tor Spencer. chairman OF the supcoin-
,2,ittee. which has been conSloe'!ilS
the Ford -Newberry case, announced
that despite the decision, the inqui!
would be continued TO determine. n
sa;d who was elected as we'll aS NJ:
Ford's charge 6f fraud. The suoc"'!i-
noittee has completed its recount o.
votes. which gave Senator Ncwieri,I
a majority. Action. however. has 10
vet been taken on the recount. Sen
ator Newberry has taken no part IN
senate affairs and has not been ~ M;
seat in the senate since he was con-
victed and sentenced to serve two
wears in the .Leavenwortn iedcfa'
prison and pay Il 900 fine. lie was
in Detroit today.
The courts decision WIS that the
direct election amendment had not
affected Section I, Article l OF
the constitution which. the maJor''
opinion said. while it gave congress
the power to regulate the manner OF
holding elections, did not confer or
i AUTHORITY to control party prl-
marics on conventions for selection
of candidates for federal Offices.
| Domestic affairs of the States
would be intcrfcrcd with and liberties
reserved for the people would be IN
fringcd upon Is congress under exist
ing law. was held to have control
over primaries. the opinion stated. 1t
was Dointed oUt also that in rs much
| as states may suppress Whatever
evils may be incident 20 primary Q,
lconventin' and each house o. con-
gress has the lover % Judge tns
elections, qualifications and returns
/ of its own members. and IN as much
as congress clearly has authority &C
regulate by law the times. places and
manner Of holding elections. the
national government is not without
power 10 project itself against cor
| ruption. fraud and other mallSn ~
huenccs.
Chief Justice White. in his dissent,
| ing opinion. said he favored rcversai
OF Judgment obtained in the lower
court agc:nst Senator NcwberrN and
16 others without prejudice 10 an
pf no
misapprchcnsiGn and srevious mis-
application OF the statute upon which
the conviction and sentence below
was based.
The chief justice made the predic-
ton that legislation would DC enact
ed to give congress power over pfi-
lnaries. Otherwise he said govern
! ment can not i've. The propositioE
that the power Of states solely tc
control primaries is not affected by
; the right OF congress TO regulate
elections was referred to rs ''suicid-
al" by the chief justice who declar-
cd that in states in which the Drl-
mary has become the contolinS tea-
ture of elections. the election IS
still! born and the vote without pow
CT or weight
The dissenting opinion Of Justice
Pitney. concurred in by Justices
Erandeis and Clarke. said 1T would
be tragic il that provision OF the
constitution which has proved the
sure defense Of every ou;noSt OF na-
tial power should fail the Very foun-
dation of the citadel
!. Commenting on the importance o:
exercising vigilance over the condnct
Of primaries Justice Pitney said
sinister influences eXcrted upon The
primaries inevitably have their effect
upon the ultimate clcction-aIe en-
ploycd for no otncr reason.
''To safeguard the final elections.
/ he opinion stated is t" postpone
regulations unit! ii is c"nparatle:,.
futile.
Detroit. May 2-Scnator Trunia..