Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1921-05-14
get ASIDE CONVICTION OF SEN
ATOH NEWBEREl; CONGRESS
WITlEOj'U ELECTION POWER

WITlEOjV ELECTION POWER
Supreme CoUr' ~ rru!cs t:r>.,,io',
OF United s atrs Senator III Federal
Courts for Conspiracy to Violate
Corrupt Practices Act.
Washington. May 2.--CouvictioH If
United States senator Truman II.
Ncwhcrry. III federal courts in Nj hi.
gan for conspiracy 20 Violate tn" fca.
oral corrupt practices act. was set
aside today by the supreme coui'.
The Sonviction OF sixteen othc, ;ic.
PENDANTS also was set aside. The court
held that congress was without power
to regulate primaries.
Justice McRcynodS read tn" orin
ion, to which Justice Mckcnna dis
scented as to the power OF congress,
but agreed rs to the decision.
Chief Justice White also disscnte ed
from the decision that congress did
not have power to control all elections
but agreed that the statute had been
grossly discontinued"
SAYS LOWER COURT ERKED
Justice McReynoldS said that the
lower court erred in dismissing the
demurrer of the defendants.
'Obviously the corrupt practices act
covers also the primaries and other
preliminary acts preceding an cleo.
tion," the court said. ''rhc one Ques
lion here Is whether congress may linn
it expenditures OF a candidate. The
source of such power is in section 4,
article |, of the constitution This
gives congress the power OF regulat
ing the manner Of holding elections
and not Of elections >
Chief Justice White, in his dissent
ing opinion, traced in detail the
growth OF the election system to show
that congress was given the power
under the constitution to regulate sen
Htorial elections.
1T is essentially federal matter.
not existing before the constitution"
said he
The direct election amendment to
the constitution has not changed the
provisions of Section 4, Article /, of
that document the court held.
Chief Justice White predicted that
Legislation would come which would
set aside today'S decision rs to the
power OF congress over primaries for
otherwise government cannot live"
SENTENCED TO TWO YEARS.
The case OF United States Senator
Newherry and sixteen OF his political
associates reached the supreme court
of the United States from the feder-
al district court at rand Rapids. Mich
igan. where the nppnlants were found
guilty March 20. 1920 of criminal con
spiracy to violate the federal corrupt
practices act.
The senator was sentenced by the
district Judges Clarence w. Sessions
to two years Imprisonment at Fort
Leavenworth and fined $4,000. This
the extreme penalty OF the law, was
also placed against two others, the re
aiming sentences running down to Il
fine of $1,000.
The case started with 1876 indict
ments returned Mt Grand Rapids Nov
cmber 30, 1919. 1t was called for trial
January 81, 1920, and lasted eight
weeks, So Of the original list of de-
PENDANTS being still fefore the bar
when the jury retired One man was
granted separate trial because of
illness and one was never arrest ed
having gone to South America before
the indictments were returned.
Twantylthrce were dismissed on
motion of Frank G. Daley special as.
sistant attorney general, ut the close
or the government testimony ~,
March 2, 1920 and the next day Judge
Sessions freed fifteen more. Seventeen
were found guilty, siXtcy- eight n .:uit.
tod and the eases OF ten who pleaded
mol contenderc we're dismissed after
the jury returned its verdict.
The specific charge against Senator
Newberry was that between Deccmbc,
l, 1917 and November 5, 1913 he "un
lawfully and feloniously did conspire,
combine, confederate and agree with
divers persons" to violate the act OF
June 20, 1910 by contributing sums
aggregating 100000 toward the ex
penses Of his nomination and election.
1t was not necessary, the government
asserted, that Newberry should actual
~ give this amount or that he should
have had personal supervision OF it's
expenditure, but II was sufficient If no
had guilty knowledge that contribu
tions to 5ln illegal aggregate were be-.