Milford chronicle., 1921-05-06
CONGRESS- AND THE PRIMARIES
(From New York Times)

Truman H. Newberry, Republican candidate for Sena-
tor from Michigan in 1918 and sixteen of his poiti-
cal associates agents found guilty, last year,
Michigan Federal District Court of criminal conspiracy
to violate the Federal Corrupt Practices of 19O and
vaTiously sentenced fine Imprisonment BOTH They
were indicted the section in that act limiting the sum
to be expended in the campaign to $4,000 whatever less
prescribed by State Primary law On appeal the
Supreme Court has the conviction unanimously
though various grounds Five Justices hold that the
1910 unconstitutional Four Of these hold that
Congress had power regulate the primaries 1910
and has such power under the Seventeenth Amend
ment providing for the direct election Senator's
ce Kenna reserves the question of the power of Con-
gress under that amendment.
Four Justices hold that the convictions invalid
account of the charge of the trial Judge Thus the
legality of the convictions finds single friend
court and great fire of passionate parsanship and in
dignant superior virtue is brusquey quenched On the
constitutional question: in the face of the great
hority of Chief Justice White the layman who believes
that law is finds hard resist the peag
oning Of Justice eRyHoIds in the majority opinion What
other of power elections has Congress than
given in Section A. Article L. of the Constitution, which
provides that the Legislature of each State shall prescribe
he time places and of holding elections
ators and Representatives but the Congress
may at any time by law make alter such regulations
except as to the places of choosing Senator?"
Under the power to regulate 'the of holding
elections" can Congress prescribe the maximum amount
that candidate may spend spent by get
the nomination? primary an election but meth
cd of selecting party candidates to be voted upon by
electors at the election The Seventeenth Amendment
rects the election of Senators by the people, but doesn't
make primary election, selection an
tion make that selection manner holding elections for
Senator's" In short,
We cannot conclude that authority to control par
ty primaries conventions for designating candidates
was bestowed on Congress by the grant of power to
regulate the manner of holding elections. The fair in
tendment of the words does not extend far; the
trainers of the Constitution did not ascrbe to them
any such meaning. Nor is this control necessary in
order to enectuate the power expressly granted. On
the other hand it's exercise would interfere with pure
y domstc affairs of the State and infringe upon lib
erty reserved for the people.
The State itself may suppress what evils may be in
ciden to primary convention of Congress
through its to judge the qualifications of it's
bers and Congress through its to regulate the time
places and of holding elections have potent
means of preventing fraud at elections
Chief Justice White holds that the assertion that "the
of the State to the primary governed by
he right of Congress to regulate the time and of
electng Senator's" is "a suicidal "he influence of
who nominated for elective Office the result of the
election to fill that Office is known of all that the
proposition may be left to destroy itself by it's state
nent If the preliminares and preparations
ion the process of selecting candidates for election
be regulated by the Government under power of reg
Hating the of holding elections why doesn't the
power of Congress to regulate interstate commerce
end within the several States to every of raising
reatng and manufacturing the product which is
ome the subject of interstate commerce?
Senator Johnson Senator Borah are yearning for
constitutional amendment to give Congress the power
regulate the State primaries for the selection
senator's and Representatives In the present state of
enera disgust primaries of all sorts the abolition
he primary seems much more likely. Everybody who
the facts in the that the Senatorial pr
nary is invitation in many States compulsion, to
pend money laVishly. In Michigan supendously rich
not correspondngly rich in intellect candidate
Senator. believed that it would take lot of
Money legtimately spent to beat him. There has
rea ignorant hypocrica parade of the sweetest
sentiment about the Newberry There will and
must be such long this dishonest unjust and
umbug method exists Old Stephenson Wiscon-
in knew exactly what these new-fangled schemes are
7Orth We saw last year how much money be spent
ow much money must be spent in Presidential primaries
needs no law Interpretation of the law but merely
ubmssion to plain consecutive experience and facts to
ondemn the primary