Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1921-12-27
THE NEWBERRY CASE AND
THE SALE OF PUBLIC OFFICE
Nomination Will Mean the De-
feat Of a Candidate

TT MAY be assumed that the Senate will
L act in accordance with the evidence
when it votes on the right of Truman II.
Newbcrry TO his seat as n Senator from
Michigan.
Mr.. Ncwbcrry was convicted in Michigan
OF the chnrr II using money illegally in the
primaries. The United States supreme
Court. however. reversed the conviction on
the ground that the Federal law limiting
the use Of money in primary elections was
Invalid, as the provision Of the Constitu-
ton giving to each house of Congress power
TO Judge OF the elections. qualifications and
returns Of its own members was not broad
enough TO cover the proceedings In nominat-
ing conventions or primary elections.
Thus Mr.. Newbcrry was cleared Of viola
ton OF the Federal law. His accuscrs. how
over. insist that he violated a State law.
lie has not been tried on this charge and no
effort has been made TO try him.
The Senate Committee on Elections, after
long inquiry, has reported that his cleo
ton was legal; that is, the Republican
members of the committee agreed that the
charges against him had not been sustained.
The Democratic minority insisted that the
charge that hc violated tho State laws had
been sustained and that he vas not entitled
20 his seat. But the whole committee agreed
that Henry Ford had not been elected. ,
These reports were fled on September 20.
They have been debated at intervals since
that date and an arrangement has been
reached to vote on the question next month.
In the meantime several Republican Scna-
tors belonging to the agricultural bloc are
saying that unless Mr.. Ncwberry shall ap-
pear in the Senate and defend himself they
will vote with the Democrats against ac-
ceptancc o. tho favorable report
The ofonSo Of Mr.. Newberry is that large
sums Of money were spent 10 secure his
Incarnation and election. The public is not
particularly Interested in knowing whether
this was an ofcnsr against the Inv or not.
J, Is IN ofens" against public opinion.
Nhat"vcr political practices may EGvc
been tolerated in tic past. the time is
approaching when the man who IS known
10 bc oytravucan'ly lavish in his election
expenditures will be- turned down. Public
otiN" should not br for sale oven when
the purchase money is spent within tho four
corners of the law.
This was demonstrated last yoar when
thr presidential booms nf General Leonard
Wood and Governor Lowdcn collapsed as
soon rs II VAS known that 81 .OO0. 0U0 or
thereaboutS hnd been spent in behalf Of each
in an attempt to secure delegates favurable
10 their nomination. II was not charged
that tho money had been spent co-ruptIy.
but that II had bNrn used To create favorahle
sentiment Whc-" il did not o>iet before
These men might not have been nomi-
mated anyway. oven il tho expenditures in
their b"hnlf had been more modest. hut their
nomination became impossible as soon rs the
amounts spent wcr" published.
The instinct which turned thcsc wen down
was sound. II was based on u soldly
grounded Determination that the luitpd
States should not become plutocrary. with
It's of'r"S open only to men who had tho
command Of vast sums of money.
Thia instinct is especially aci7o in tho
cultural States and among the members
g." farmers bloc in the Senate. who nrc
mixing O' voting against New berry How
th"y viii really vote when tho tine comes
is NOT y", certain. They arc nI good enough
Americans TO know 'ha; il /. dangerous 70
depart from tn" established custom Of en-
forcing the law and oE Rc1uttng n man
ngains; whom 10 violation Of law has been
cStahli,hed They know that inhirting n
penalty because Of prejudice. no matter
how "0InmNndab" tho prejudice may b..
o''abiishes an unsafe precedent.
Tire seating Of Mr.. Ncwbcrry. assuming
tont ~" majority report is adopted. vii,
guilty oF having offended public sentiment
b. spending e1travagant sums 10 secure his
e'rction. just ms William A Clarke. of
Montana, never recovered POLITICALLY from
the disclosure OF the amount that hc sprnt
to get tho honor Of calling himself a nitcd
States Senator