The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1921-05-03
DECISION OF
| LOWER COURT.
IS REVERSED
Court Unanimous in Reversing
the Conviction of Mich
iganH Senator.
DIVIDED AS TO THE
VALIDITY OF LAW
Four Believes That Congress
Has Power to Regulate
State Primaries.
DIVIDED AS TO THE
VALIDITY OF LAW
fey The Associated Press)

WASHINGTON, May z. - Setting
aside the conviction Of Senator Truman
H. Newberry, of Michigan, and 16 9TH
ers for violation of the federal corrupt
practices act, the supreme court held
today that the act was unconstitu-
tionaL
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 Brandeis dissented
from the courts findings that congress
was without power to regulate state
primaries, but concurred in the i'ever-
sal, which they thought should have
been based on the error of the trial
judges instructions to the jury.
Justice McKenna, while concurring
in the majority opinion as applied to
the statute under consideration" re-
served the question of the right of
congress under the 18th amendment
which provides for direct election OF
senators-to supervise primaries.
Opinion was divided in the senate as
to the effect of the decision upon future
activities of the elections committee
with regard to the Michigan election of
1918, in which Henry Ford, as the
democratic candidate, opposed Mr.
Newberry for the senatorship. Senator
Dillingham;, chairman of the commit
tee, said that since the corrupt prac-
tices act had been held unconstitution-
al, it appeared that the committee
would have no further jurisdiction. On
the other hand, Senator Spencer
chairman Of the subcommittee which
has been considering the Ford New
berry case, announced that despite the
decision the inquiry would be contin =
ued to determine, he said who was
elected and as we'll as Mr.. Ford s
charge of fraud. The subcommittee
has completed it's recount Of votes
which gave Senator Newberry a ma :
jority. Action, however. has not vet
been taken on the recount. Senator
Newberry has taken no part in senate
affairs and has not been in his seat In
the senate since he was convicted and
sentenced to serve two years in the
Leavenworth federal prison and pay a
$4,000 fine. He was in Detroit today
The courts decision was that the di-
rect election amendment had not af-
fected section 4, article 1 Of the constf-
tuition, which, the majority opinion
said, while it gave congress the powe,
to regulate the manner of holding .elec-
tions, did not confer on it authority
to control party primaries or conven-
tions for selection of candidates 70,
federal offices.
Domestic affairs of the states would
be interfered with and liberties re-
served to the people would be infringed
upon il congress under existing law
was held to have control over primar-
les, the opinion stated. 1t was pointed
out also that ina smuch as states '.may
suppress whatever evils may be Incl
dent to primary or convention and
each house of congress has the power
to Judge the elections, qualifications
and returns of it's owns members, and
inasmuchN as congress clearly has au-
thority to regulate by law the times
places and manner of holding elections
the national government is not without
power to protect itself against corrup-
ton, fraud and other malign influences
Chief Justice White, in his dissenting
opinion, said he favored reversal OF
judgment obtained in the lower courtn
against Senator Newberry and 16 9th
ers without prejudice to a new trial
because of the grave mfsapprehension
and grievous misapplication of the
statute upon which the conviction and
sentence below was based
The chief justice made the prediction
that legislation would be enacted to
give congress power over primaries,
Otherwise, he said, government cannot
live"
The proposition that the power of
states solely to control primaries is
not affected by the right of congress
to regulate elections was referred to
as suicidal by the chief justice, who
declared that in states in which the
primary has become the controlling
feature OF elections, the election is
still born and the vote without power
or weight
The dissenting opinion OF Justice
Pitney, concurred in by Justices Bran
deis and Clark. said st would be tragic
if that provision of the constitution
which has proved the sure defense of
every outpost of national power should
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