Norwich bulletin., 1921-05-03
Corrupt PraCtic Act Unconstitutional
Supreme Court So Holds in Setting Aside the Convic- ton of Senator Newber- ry.

Washington, May 2-Setting aside the conviction of Senator Truman H. New berry of Michigan. and sixteen others. for Violation of the federal corrupt practices act the supreme court held today that the act was unconstitutional
 The court was unanimous in reversing the conviction but divided five tc four as to the validity of the law. Chief Justice White and Associate Justices Pitney. Clark and Brandeis dissented from the courts findings that congress was with out power to regulate state primaries. but concurred in the reversal which. they thought, should have been based on the error of the trial judges instruction to the jury
 Justice McKenna. while concurrine in the majority oninion "as applied to the statute under considerat ton" reserved the queston of the power of con gress under the seventeeth mendment-which pro- vides for direct election of senators-to supervise primaries.
 Opinion was divided in the senate as to the effect of the decision upon future ac- tiVltle sof the election committee with regard to the Michigan election of 1918. in which Henry Ford as the democratic candidate. opposed MT. Newberry for the senatorship. Senator Dillingham;, chair man of the committee. said that since the corrupt practices law had been held un- constitutional it appeared that the com mittee would have no further jurisdic- tion
 On the other hand, Senator Snencer. chairman of the subcommittee which has been considering the Ford-Newberrv case. announced that despite the decision the inquiry would be continued to determine said, who was elected and as well as l-Mr. Fords charge of fraud.
 senator Newberry has taken no part in senate affairs and has not been in his seat in the senate since he was convicted and sentenced to serve two years in the LeaTenworth federal prison and nay a f$l0 0O0 fine. He was in Detroit today. The courts decision was that the direct election amendment had not affected Sec tion 1, Article l, of the constitution which the majority opinion said. while it 1 gave. congress the power to regulate the manner of holding elections did not con Ter on 1t authority to control party pri- marles or conventions for selection of | candidates for federal offices.
 Domestic affairs of the states would he 1 interfered with and liberties reserved to i the people would be infringed unon if i congress, under existing laws. was held
 to have control over primaries, the opjnion l stated.
 0itteA justice Wnlte. Tn his diSSentinn 1 opinion said he favored reversal of l Judgment obtained in the lower courts l against Senator Nexberry and sixteen others, without prejudice to a new trial because of the grave misapprehension
 and grievous misapplics ton of the statute 1 upon which the conviction and sentence l below was based" The chief justice made the prediction l that legislation would be enacted to give congress power over primaries. other.
 wise, he said government cannot live 1 The dissenting opinion of Justice Pit
 ney, concurred in by Justices Bran6eis
 and Clark, said: It would be tragic if that provision of the constitution which
 has proved the sure defense of every out
 post of national power should fail the
 very foundation of the citadel"
 1 Justice Pftney declared as untenahIe
 the contention that congress could moi have been given power over primaries
 since they were not known when the con. stltution was framed Other agencies such as railroads and the telegrapb which have developed since colonial days
 have been brought within the scone ot
 federal laws, he added