Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-05-04
THE CASE.

The federal supreme court has declared the act un-
= ~hieh senator Newberry was convicted of improper
conduct in connection with his election to the United
states senate unconstitutional. The result Of this i. the
quashing of all proceedings in connection with the case.
senator Newoerry will be relieved of the sentence I'm
posed on MIN, and 1t is a foreSone conclusion that the
investigation of his case by the senate which has been
the subject before a committee appointed for that pur-
pose VIII be abandoned. This latter result does. not fol-
low necessarily from the supreme court decision, az the
senate has authority to investigate the title Of any Of its
members; but there can be no doubt that the inycstixa-
ton will be continued rs a matter of fact. -4-
This brings to mind so far as its legal aspects are
concerned a case which has brought forth much com
rnent, and in connection with which great bitterness has
been endangered. Mr.. Newberry was a candidate for
the senate, his opponent being Henry Ford, the we'll
Known automobile manufacturer. Mr.! Ford's supporters
were active in causing the suit to be brought for the
violation of the Corrupt Practices act and they seemed
TO proceed upon the assumption that if they could
Dlacken the character OF their opponent, their doing so
would be a demonstration of the fitness OF their own
0nd1date for the position which he sought. The convic.
ton of MIR. Newberry was obtained. and this has been held
by a very considerable number of people to be a DEM
ons1ation of Mr.. Fords worthiness. Just how this con-
cluEion is reached is one of the mysteries which will prob
ably remain unsolved. Newberry's conviction neither
added to, nor subtracted from the equipment Of Mr..
Ford. The latter has shown ability in certain business
activities, and in these lines he has achieved wonderful
success. Outside Of this particular field of activity he
has been freakish. unstable and undependable.
But az the corruptness Of Mr. Newberry's acts does
not AFFECT the fitness of Mr.. Ford for a legislative posi-
ton. neither does Mr.. Ford,s unfitness affect the quality
Of Newberry's acts. Still further. the declaration by the
court that the law under which Senator Newbery was
convicted is unconstitutional does not change the moral
quality of his behavior. He and his associates made no
claim In the beginning that the law was invalid. They
uttered no protest against it. They proceeded as If it
did not exist, but they did not question its legality. The
record shows that they violated the law which they did
not claim to be unconstitutional. and At the same time
outraged a very well-defined and worthy public senti-
ment. In one way or another they spent money lavishly
Tor election purposes at a time when lavish expenditure
in elections had become repusnant to the public con-
science.
There was a time when it could not we'll have been
maintained that such expenditure was improper. 1t was
In accordance with universal custom and no general SEN
Atnent condemned, it. But the conditions changed and
the public attitude toward such matters changed with
them. There was an awakening. to the evil and the dam
gar Of unlimited use Of money in election campaigns
That danger and that evil became well understood and
recognition Of them expressed itself in legislation Of vart-
olS kinds, state and federal Some Of this legislation
was crude and ill-advised. Nevertheless It did represent
real and positive public sentiment. Senator Newberry
- the principal party in his campaign must be held re-
~spongthle for defiance Of that sentiment and for viola.
fen 81 the aafeguards which the public had attempted to
throw around its elections. That being true. the case
IeoAs 14y beyond the jurisdiction OF any court, and tho
.inyali94tien OF : statute does not change IT. moral quail
az 81 5ny degree whatever.