The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1921-03-01
GOVERNMENT LOSES
IN APPEALS FROM
DECREE Of COURT
Opinion Based on Indefinite
ness of Sections, Which
Chief Justice Holds to Be
''Broad aslmaginatiOn"
By Associated Press

nra,,a co,r+ +odov ba1d nnoors+;t,,.
tional the sections Of the Lever act,
undar which tho Government stonned
!
the coal strike OF 1919 and suDse-
uuently launched its campaign to re-
H. H. $50 49,. L., ,..o,,4
uuce the cost Oh living ny PIoseeut-
| ing alleged hoarders of and 'profiteers
:: s1u4..e<a ALs ,;4;
III Aooustulis anu oViier hecessities'
| The courts opinion was rendered
specifically in an appeal by the GOV
| erpmen+ from = decraa IN 1owa- co,,rt.
| /" "
quasuihe an indictment against an al
iesed prollteer IN susst, put II was
! sweeping IN us terms ana VIII nave
| the erect OF endlns an prosecution
instituted by me department OF justice
| IN lts cost OF living campaign
1 me acuoh OF me government In
obtnininE injunctions to stop the
strike Of bitnmino"s miners In NO
! semner, Ioip, was not before the
| court nut department OF Justice
OFFICIALS said that 1t was under
secuon =, which was nero invnhu'
that the government had pro-
| eseaed AGAINST inc miners.
me opinion OIL the court was pased
larsely on the lndefinlteness OF tue
sections under review. Chief Justice
White departing from his prepared
4 OPINION remarked tnat the scope OF the
ksectiohs apparently was as broad as
human imagination ana mat the de-
gree OF cfiminanty was lett 10 ever
changing standards.
ALL CONCUR
Associate Justices Brandeis and Pit
ney oissehted as 10 the reasoning by
wnich the court decision was reached
but concurred in the result.
Inc chief Justice said in his writ
ten OPINION that the sections under dis
cusston did not constitute a fixing
by congress of an ascertainable OF
standard OF quit and were not "ade-
quate TO INFORM persons accused or
Vlolauons thereof the nature AMI
cause 81 the accusatioIi against them"
the wide latitude of@possible inter
/ presAtton was clearly evidenced, ~
sAid by the Nar1en assortment or
cases brought before the court to test
tne act. These cases. numbering 10 in
ali' ranged from specific conviction
10 denial OF in1unctions sought by re-
tallers to restrain government agents
from proceeding against them. In some
cases the government appealed from
ADVERSE decisions OF lower courts.
quashing indictments, and in others it
defended decisions in its favor.
observe that the sections forbid 10
speclric or definite act,' said the chief
Justice.
would be the exact equivalent of an ef-
Tort to carry out statute which, i'll
terms, merely penalized or punished all
acts detrimental to public interests when
Injurious or unreasonable in the estima-
ton OF court and jury.
COURT WAS RIGHT
I'VE are Of the opinion that the court
below was clearly right in ruling that
the mere existence of a state of war
could not suspend or change the oper-
alton OF the guarantees and limitations
OF the fifth and sixth amendments sucn
as we are here passing on.
Tnese sections OF the constitution de-
clare that in all criminal prosecutions
the accused snail have the right TO DO
informed OF the nature and cause OF this
accusation and that the charge must be
specifically set forth in the Indictment
returned against him.
Section Of the Lever act made it un-
lawful TO limit facilities for transports
ing, producing, harvesting, manufacture
ing storing or dealing in any neces-
stiles; to restrict distribution OF any
necessities; to prevent, limit or lessen
the production OF any necessities in or
der to enhance the price thereof, or to
exact excessive profits for any neces-
sites
The court took as the test case that
OF the H. Cohen Grocery company or
st. Louis. which had been indicted for
\
of 50 pounds of sugar for $1007, or at
the rate OF more than 20 cents a pound.
| Decision OF lower courts sustaining
demurrer to the indictment on the
ground that the section violated the fifth
amendment was affirmed by the suprem4'
court
OTHER NINE CASES
Justice white then took up the other
todav's decision In brief thew wera:
r. p. Bennington and others NOR
chants of Jackson. Miss, VS.. Attorney
! General Palmer. appealing FROM refusal
| Of lower courts 10 issue an injunction:
. aecree ~ lower conrts reversed M
, a r Lewis q 90, and - other nex-
chants of Denver. colo. appearing as
ldefendants in tbe appeal brought bv the
~ovarnmect from an iniunction restra,n-
iny tba attorney general from nrosec,t-
a. thsn,. iousr court. susta;ned ana
injunction n l maze permanent Grsn o,mr.,x
psr Scarf and Jacob " smith sena.
! rsta cssas defendinr decraea ~ lover
courts ~ Michisan when auasned ~