Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1921-05-02

congress O10 nOC nave power 10 4
control all elections but agreed
miscOnstrued.''
Justice McE,eynolds said that
the lower court erred in dis
missing the demurrer of the de-
fcndants
"Obviously the corrupt practices ac
covers also the primaries and other
preliminary acts preceding an cleo
lion" the court said. ''Thel one Ques-
ton here is whether congress may
limit expenditures Of a candidate. Ihe
source Of such power Is in section z.
article Il. of the constitution. This
gives congress the power Of regulat-
ing the manner of holding elections
and not ofreleetions'."
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 coastitution to regulate
s zesa. csse. sssss; s3sss e federal j matter.
not existing before. xhe constitution. !"
The direct election amendment TO
the constitution has not changed the
provisions of sSetion a, article l. OF
that document, the court held.
Pitncy Rcalds Opinion.
Associate Justice Pitney also read
an opinion dissenting in part from. the
courts decision. and announced that
Justices Brandeis, and Clarke had con-
Cured in the opinion he fled.
CURED inSthe reversal ST the convic-
lion but Thought that a new trial
should be held.
chief Justice White predicted tina.
legislation would come which Would
set aside todays decision as to the
power Of congress over primaries Ioi
otherwise government cannot 'hVe.a
He called attention to those states
in which the primary had been made
the controlling fenture OF ythef cleo
lion. In such cases nc said, "electior
is still-born and the vote wlthou
power or weight" !
To Consider Matter.
Upon reading of the court decision
Chairman Dillingham; of the senate
elections committee which has charg'
of the Ford -Newberry& CONTEST, gsalt
the committee would meet IN rev
days to consider the effect or TN
courts decision. on future senaie &C
ton. Senator Dillingham salo i, az
pcared that with the corrupt prague
law held void the committee would o.
without further jurisdiction.
Grand Rapids. Mich. May q
Judge Clarence w. Sessions who pre-
sided in federal court here IN IN
Newberry trial, upon learning q IN
supreme court decision toaas, an .,'
nOunccd that he would at once ls:'u
an order dismissing the second lndlct
ment against Senator Newbefry an
his associates. =
To Supreme Court.
Washington, D. c.. May 2.-Th
ease of United States Senator Truma'
H.. Newberry of Michigan and s.xtce
of his political associates reached IN
supreme court Of the United state
from the federal district court a
Grand Rapids Mich. where the ap
nellants were found guilty March ~
% 100 O Of criminal conspiracy to VIC
late the federal corrupt practices ac'
The senator was Sentenced by tn
district judge. Clarence w., Session:
TO two years imprisonment at For
I.eavcnworth aid fined $4,000. Tht:
the extreme penalty Of the law. wa
also placed gainst two Others tn
remaining sentences running down
a fine of $1,000. vf !.
The case started with 1876 -indict
uents returned att Grand RapidH No
yember 20, 1919. 1t was called TO
trial January 81. 1920 and Taste
eight weeks. eighty-f1ve Of the or1gina
list of defendants being. still befof
The bar when the jury retired. On
man was granted a separate trial be
cause of illness and one was neve
arrested having gone to sout
america before the indictmentsswer
rcturned Twenty-three wer9 dis
missed OF, motion OF Frank c. Dale!
snecial assistant attorney generals
the close Of the government testiri1on
On March 2, 1920. and the next da
Judge Sessions freed fifteen NOR
Seventeen were found; guilty. 6s ae