Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-03-01
CONVICTIONS
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Continued from Page ons)
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 sections under review. Chief
Justice White, departing from his
prepared opinion remarked that the
scope Of the sections apparently
was las broad as human imagina-
ton" and that the degree of crimi-
nality was left to ever-changing
standards"
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 writ
ten opinion that the sections under
discussion did not constitute fixing
by Congress of an ascertainable
standard of guilt and we're no ade-
quate to inform persons accused OF
violations thereof of the nature and
cause OF, the accusation against
Them"
probation was clearly evidenced, he
said, by the varied assortment Of cas-
es brought before the courts to test
the act. These cases, numbering ten
in all, ranged from specific convic-
lions to denial of injunctions sought
by retailers to restrain government
appeals from adverse decisions of
lower courts. Quashing indictments
and in others it defended decisions in
its favor.
"Observe that the sections forbid
no specific or definite act" said the
chief justice.
ITO attempt to enforce these Sec
lions would be the exact equivalent
of an effort to carry out a statute
which, in terms, merely penalized or
punished all acts detrimental to pub
lie interests when injurious or unrea-
sonable in the estimation of a court
and jury.
1--WE are of the opinion that the
court below was clearly right in rul-
ing that the mere existence of state
of war could not suspend or change
the operation of the guarantees and
limitations of the fifth and sixth
amendments such as we areN here
passing upon"
These sections of the constitution
declare that in all criminal prosecu-
lions, the accused ''shall have the
right to be informed of the nature
and cause of the accusation" and
that the charge must bespecifically
set forth in the indictment returned
against him.
Section Four Of the Lever act made
/ 1t unlawful ito limit facilities for
transporting, producing, harvesting,
manufacturing, storing or dealing in
any necessities; to restrict distribu-
ton of any necessities; to prevent,
limit or lessen the production of any
necessity in order to enhance the
price thereof or to exact excessive
profts for any necessities"
The court took as the test case that
OF the L. Cohen Grocery Co. of ST.
Louis. which had been indicted for
violation of the act, because of the
sale or SO pounds Of sugar for 1907 or
at the rate Of more than 20 cents a
pound. Decision of lower courts sus-
tanning demurrer to the indictment
on the ground that the section yiolat-
ed the fifth amendment was affirmed
by the supreme court
Justice White then took I'D the otbar
nine cases in turn, giving the effect
OF today's decision. In brief they are.
in part:
X. E. Remington and Others. mer-
chants Of Jackson. Miss, appealing
from refusal Of lower courts to issue
an Injunction against Attorney Gener-
al Palmer. Decree Of lower courts re-
versed.
A. I. Lewis & Co. and others
merchants of Denver. Col. appearing
as defendants in the appeal brought
by the government from an iniunction
restraining the attorney general from
prosecuting them. Lower courts sus-
tanned and injunction made perms-
nent.
G. s. Willard and other Ohio con-
cerns' appealing from refusal of low
er courts to enjoin federal agents
from prosecuting. Reversed and in
junction ordered issued.
weeds, Inc, Binghamton, NJ Y. ron.
vlcted under the profiteering clause
Conviction reversed.
Z. A. Weed & Co., Binghamton NJ
T., appeal from refusal of intunct;or
Lower courts reversed; injunction Or
dered.