Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1921-05-07
SATURDAY. MAY Z, 1921.
ACTION BY STATE now IN ORDER

States Supreme Court setting
aside the convictions OF Senator
Newberry. of Michigan. for inn
proper use OF money in securing
his nomination, and declaring that
the Federal Corrupt Practices
Act. so far as it applies to primar-
les, is unconstitutional, sets linn
itation on the power OF Congress
to guard against corrupting in
fluences in the selection Of repre-
sentatives. that should be prompt
ly adopted as a starting line for
supplementary action by the
States.
If Congress can go too far in
safeguarding Federal representa-
ton from corruption. the States
ca mot. To minimize the posi-
bility OF fraud in selection of can
didates is not only State right
but a State duty. The fact that
four of the nine members Of the
Supreme Court held that such,
power resides in Congress may
create doubt as to the ieofrectness
of the legal conclusion reached.
hut IL creates none as to the CON
clusion that prompt corrective
and Supplementary legislation by
the States is called for, .lii
.s.:.fhe limitation. OF amounts. that
can be legitimately expended by
candidates is the only insurance
that can be provided against inn
proper use of funds, declares the
Norfolk Nirginian-Pilot. In the
VERY nature of the case. it is diff
cult to detect actual corruption in
campaign expenditures. and the
only sure way of dealing with this
evil is to limit the means ofeeffect-
ing it. 1t would be no hardship on
any, if all candidates for nominal
ton were restricted to fair and
reasonable limit in the use of
funds. And it would be to the
best interest of all, if none could
make lavish use of a means that
tends to breed corruption.
Maryland and a number OF
other Commonwealth already
have reasonable restrictions on
the use of funds in primary cam
paigns. But only when all the
States have such restrictions and
effectively enforce them. will
Congressional representation be
properly safeguarded against cor
ruption of this kind On this
point, the statement in the ma
jority opinion that protection can
be secured under the right of the
two Houses of Congress to pass
on the fitness of their members
has small bearing. Experience
has shown that both the Senate
and the House are leaden-footed
and of unwilling and over-cau-
tiouS mind when it comes to de-
termining the fitness of those
elected to membership. Besides,
this remedy is not available until
after the evil has been done and.
even though the person investi-
gated should be found unfit. the
invariable slowness of procedure
wolld deprive the district affected
of proper representation over an
extended time.
AS to the turptitude of Senator
Newberry in this case, the Courts
opinion determines nothing. 1t
does not hold that the expenditure
of funds in the manner and 10 the
extent proved, was proper. 1t
simply holds that Congress has
not the power to legislate against
corruption in primaries. Nor
does it, as Senator Newberry sees
it. absolutely clear the good name
of Michigan. 1t does not even
partially do SO. 1t rather reflects
on the remissness of that State
in legislating against corrupt
practices, and on the slackness of.