, 1921-09-29
PARTY LINES
SPLIT OPINION

| votes cast al the general election. We
| therefore find hat the petitioner.
| Henry Ford. was not elected and is
not entitued TO a seat in the senate OF
the United States
1--WE find hat under the facts
and circumstances OF this case cor
rupt and Illegal methods and practices
were employed nj the primary election
and that Truman II. Newberry VIC
lated the corrupt practices act and the
| primary act OF the state OF Michigan,
and that by reason thereof. he ought
not TO a or hold a seat in the sen
ate of the United States. and that he
is not the duly elected senator from
the state Of Michigan for the term Of
six years commencing on tho Sth day
of March. 1919. and we recommend.
therefore. that his scat be declared va
mt"
A separate minority report also was
submitted by Senator Ashurst who do
clared enator Newberry's credentials
were stained by fraud and tainted
by illegal expenditure of money" The
testimony showed. he said, that the
1918 Michigan campaign 'partook
more of the character of an auction
than an election"
Both majority and minority mem
bers agreed that II was established
conclusiveiy that in the general cleo
ton Senator Newberry had received
a majority of the votes. Mr.. Ford's
charges of bribery. Illegal voting. un-
due influence and intimidation OF vot-
ers in the general election were de-
clared by the majority TO be without
foundation.
Money expenditures in the primary
was the point at issue in the conflict
ing recommendations. This was piac.
ed by the majority at approximately
si95 900 and at least s1sS.56s by the
minority. There was virtually total
disagreement. along partisan lines as
to Senate Newberry's responsibility
for and management of he expendi-
lures.
There is no evidence whatever to
sustain the charge OF improper use of
money at the primary or the general
election" the majority declared.
The evidence shows conciusively
that the financial cost OF the cam
paign was voluntarily borne by rela
tives and friends OF Truman H. New.
berry and was entirely without soiici
tation or knowledge upon his part.
The amount Of money spent ut the
primary" the majority continued was
large-too iarge-but there was no
concealment with regard 10 1t and it
was spent entirely for legal and prop
er purposes"
The Democratic report declared that
The exorbitant expenditures in this
primary campaign shocked the con-
science of the country" and were
enough TO pay Senator Newberry's
SENATE salary for rs years.
This money was expended through
the agency of the Newberry senatorial
committee h report continued. e
He did know c~oncedediy tho enor-
nous expense OF the plans or organic
alton and publicity.
THE Michigan law limited the ex-
penditures OF any candidate for the
senate to $3.50. We submit this
amount could o be increased by the
Organization OF a committee to act as
his agent and this committee did SO
act.
THE Newberry senatorial commit
tee violated the Michigan law by far
exceeding the limitations of expendi-
lures by hiring workers and its
members by purchasing drinks and
cigars for voters" Hl &
Proper accounts Of expenditures
were not filed. either by the Newberry
committee or the candidate. tho mi
nority asserted. and although the SUI
preme court held the state law uncon-
~st.tutional the Democrats declared
the moral turpitude' was as great as
II the law@ had been upheld.
"In our opinion the Democrats
stated. the record conclusiveiy estab-
fishes a conspiracY."