The New York herald., 1921-05-03
SUPREME COURT
FREES NEWBERRY
Tribunal Is Unanimous His
Conviction and 16 Others
Should Be Set Aside.
HITS POWER OF CONGRESS-
Denies That Government Has
Right to Regulate State
Primary Elections.
HITS POWER OF CONGRESS
spco,a, Despatch TO THE NEW YORK HnsALp.
New York Herald Bureau, I
Washington, ID. C., May 3. (

speo,oi Despatch to THE NEw YoRK HnRALp.
New York Herald Bureau,
Washington, ID. G., May 3.
The United States Supreme Court
to-day by unanimous vote set aside
the prison sensences and fines i'm
posed by Federal court in Michigan
upon Senator Truman N. Newberry
and sixteen friends on charges of hav-
ing violated the Federal corrupt prac-
tees act in the 1918 Michigan Sena-
torial primary.
In its decision the court struck a
blow at Congressional efforts to limit
campaign expenditures by declaring
that Congress has no power under the
Constitution to regulate primary cleo
tions. Section OF the Federal cor
rupt practices act. as applied 10 pri-
maries. was declared 70 be uncoustitu-
tionnl. and the decision is believed by
many Senators TO impair the entire
effectiveness of the statute
The indictments in the Newberry
case were brought on the lncons.itu-
tional section, which limited the
amount that might be expended In a
campaign to $4,000 or any less amount
as fixed by State laws.
The decision. considered one OF the
most far reaching and important In re-
cent years. caused widespread interest
in the Senate and probably will result
In an attempt to pass a Constitutional
amendment or additional legislation TO
validate federation regulation OF pri-
mary elections. Senator johnson CCal.)
Immediately gave notice that he would
introduce such a Constitutional amend
ment. while other Progressivcs who have
consistently advocated such legislation
stated they would study the decision to
determine II any new legislation can be
enacted
The opinion was expressed by sonc
Senators who desired TO make a more
thorough investigation before being
quoted that the decision would check
mate plans to extend the corrupt prac-
tices act so az to prevent large expendi-
lures in Presidential primaries This
proposed legislation resulted from The
"slush fund" investigation during the
last campaign.
Tho invaIidating OF the law disclosed
sharp lewiston in the court. although
all the Justices were unanimous in the
belief that tho convictions should be re-
versed Chief Justice White described
the action as suicidal policy.
The action by the court makes empty
words OF Democratic campaign propa-
ganda that Senator Newberry's election
was Illegal and thus prevented the
Democrats from retaining control OF tho
Senate and ratifying the Versailles
treaty. with Senator Newberry the last
Senate stood Republicans. 40: Demo-
Gratis Al
Senator Newberry is now free 10 re-
sumo his seat In the Senate although
the election contest brought against him
by Henry Ford. his opponent IN the clca-
tlon. ~ still pending. The special COM
mlttee considering the case viii meet
soon to consider new evidence which
Henry Ford's attorneys say they will
present Republican Senators held n
jubilation meeting on the floor when
news OF the decision reached them.
The courts action reversed the deci-
sion Of n Federal court in Michigan
which, after a sensational trial. SEN
fenced the Senator TO two years In the
Federal Penitcntary and fined him
$4,000. The prosecution was started
hy former Attorney General Palmer.
and originally t3t defendants we're
named. Only ~ including NeVberry.
were found guilty by the Jury, and they
we're given varying sentences and fines.
The high tribunal was unanimous
only that the decision should be set
aside. Justices McRcynolds. Holmes
Van Devanter. Day and McKenna be-
Continued on Fifteenth Page.