Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1921-05-03
HIGHEST COURT
RULES NEWbERRY
CONVICTION VOID
Congress Is Powerless
to r e G. u | a tie
Primaries
Conviction of 16 Others Set
Aside-Chief Justice White
Dissents as to Congress Lack
of Power, But Finds Statute
Grossly MiscOnstrued" -
Others Dissent on Certain
Points

Washington, May 2.-Setting aside
the conviction OF Senator Truman H.
Newberry of Michigan, and 1f others,
for violation of the federal corrupt
practices act the supreme court held
today that tho act is unconstitutional.
The court was unanimous in revers-
ing the convictions but divided five to
four as to the validity of the law
Chief Justice White and Associate
Justices Pitney, Clark and Brandcis
disscnted from the courts findings
that Congress was without power to
regulate state primaries. but concuIred
in the reversal which. they thought,
SHOULD have been based On the error
of the trial judges instruction. Ia the
jury
Justice Mckenna, while concurring
in the majority opinion "as applied to
the statute under consideration" re-
served the question Of the power of
Congress under the 18th Amendment
which provides for direct election of
scnators-to supervise primar' IS.
Opinion was divided i'll the Senate as
to the effect of the decision lDon fE
ture activities of the elections COM
mlttcc with regard to the Michigan
election of 1918 i'll which Henry lo)rd,
as the Democratic candidate. opposed
Mr. Newberry for the senatorship. Sen
ator Dillingham;, chairman of the COM
m foo
practices laws had peen held unconsti-
tutlonal. it appeared that the commit
tee would have no further jurisdiction.
On the other hand. Senator Spen-
Ger. chairman of the subcommittee
which considered the Ford-No wberrv
case. announced that despite the de-
cision the inquiry would be Continued
to determine, he said, who was elected
and, as well Mr.. Fords charge of
fraud. The subcommittee completed
its recount of votes, which gave. Sena-
TOR Newberry majority. Action. how
ever, has not yet been taken on the
recount.
Senator Newberry has taken 70 part
in Senate affairs and not been in his
seat in the Senate since he was SEN
fenced to serve TWO years in the Leay-
en"orth federal prison and pay a S10,-
600 fine. He was in Detroit TO-DAY.
The courts decision was that The
direct election amendment had not af
Iected Section Four. Article / of the
Constitution, which, the majority opin-
ion said. while it gave Congress the
power to regulate the manner of hold
ing elections did not confer on il au-
thor1ty to control party primaries or
conventions for selection of Candidates
for federal offices.
Domestic affairs Of the states wou,d
be interfered with and liberties re-
served to the people would be infringed
upon If Congress. under existing. laws
was held to have control over prims-
RES, the opinion stated. 1t was point
cd out also that inasmuch as statcx
may suppress whatever evils may be
incident to primary or convention and
each house of Congress has the power
to judge the elections, qualification
and returns of its own members. and
lnasmuch as Congress clearly has an.
thorlty to regulate by law the times.
places and manner of holding cleo
tons that national government is
not without power to protect itself
against corruption, fraud and other
malign influences"
Chief Justice White in his distant
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