The Richmond palladium and sun-telegram., 1921-05-02
NEWbERRY CONVICTION
IS SET ASIDE TODAY
BY The SUPREME COURT
(By Associated Press)

WASHINGTON, May 2-Conviction
of United States Senator Truman H.
Newberry in federal courts in Michi-
gan for conspiracy to violate the fed
eral corrupt practices act was set
aside today by the supreme court.
The conviction of Is other defend
ants also was set aside. The court
held that congress was without power
to regulate primaries. Justice Nc
Reynolds read the opinion to which
Justice Mckenna withheld his opinion
as to the powers of congress.
Chief Justice White also dissented
from the decision that congress did
not have power to control all elections,
but agreed that the statute had been
grossly misconstrued."
Appealed from District
The case of United States Senator
Newberry and 16 of his political asso-
ciates reached the supreme court from
the federal district court at Grand
Rapids, where the appellants were
found guilty March 20, 1920, of Grim
inal conspiracy to violate the federal
corrupt practices act.
The senator was sentenced by the
district judge, Clarence W. Sessions,
to two years Imprisonment at Fort
Leavenworth and fined $4,000. This.
the extreme penalty Of the law, was
also placed against two others, the re-
naming sentences running down to a
fine of $1,000.
ments returned at Grand Rapids Nov.
| 20, 1919. 1t was called for trial Jan.
| q, 1920 and laster eight weeks, IS of
the original list of defendants being
still before the bar when the jury re-
| tired.
| Charge Conspiracy
The specific charge against Senator
Newberry was that between Dec. l,
1917, and Nov. 5. 1918, he "unlawfully
! and feloniously did conspire, combine,
confederate and agree with divers per
sons to violate the Act of June 25,
1910, by contributing sums aggregat-
ing 100000 toward the expenses OF
| his nomination and election. 1t was
not necessary. the government as.
serted, that Newberry should actually
give this amount or that he should
have had personal supervision of its
expenditure. but it was sufficient if
! he had guilty knowledge that contri
buttons to an illegal aggregate were
being accepted for the purpose in
! view.
! No less than 153 alleged errors were
assigned" by the defendants in their
application for appeal to the highest
court. Beginning with the refusal OF
! the district court to sustain a de
murrer to the indictment. these errors
follow the course of the trial through
out, the last in order being a criti
cism of the court for refusing the ap
plication for a new trial.
; Two Attacks
i; The brief submitted to the supreme
court by Charles L. Hughes, Martin
W. Littleton. George E. Nichols and
James O.. Murfin, counsel for New
berry and the Is co-defendants, made
two distinct attacks on the proceed
ings at Grand Rapids. The convic
ton should be reversed, it was con
tended, because the statute invoked
was not supported by any constitu
tional provision, and because if il
should be held constitutional the stat
ute did not cover the alleged over
acts OF the defendants.
Il The corrupt practices acts. the de
4 tense averred, was drawn to limit tho
amount a candidate might spend tt
obtain public office, but not to limi
the amount his friends might contrib
ute should they consider the necessity
|; for his election justified extraordin
airy expense.