The Rock Island Argus and daily union. (Rock Island, Ill.) 1920-1923, 1921-05-02
NEWbERRY
WINS COURT
DECISION
f,onyiction Of Senator by
Federal Court of Mich
igan Set Aside.

II United States Senator truman
Newberry In federal courts IN
Michigan for conspiracy to violate
ths federal corrupt practices act
rs set aside today by the su-
The conviction OF 16 other de-
ssndants also was set aside. The
eourt held that congress was with
out power to regulate primaries.
Justice McReynolds read the
ooiniou. to which Justice McKenna
vithheld his opinion as to the power
n congress but agreed as to the
decision.
Chief Justice White also dis
seuted from the decision that con-
sress did not have power to con-
troi all elections, but agreed that
the statute had been grossly mis-
construed"
Justice McReynolds said that the
lower court erred in dismissing the
demurrer OF the defendants.
obviously the corrupt practices
act covers also the primaries and
other preliminary acts preceding
an election" the court said. THE
one question here is whether con-
gress may limit expenditures of
candidate. The source of such
power is in section 4, article l, Of
the constitution. This gives con-
yress the power of regulating the
manner of holding elections and
not Of elections.
White Dissents.
Chief Justice White, in his dis
Anting opinion, traced in detail
The growth Of the election system
! ID show that congress was given
the power under the constitution to
regulate senatorial elections.
ut Is essentially q federal mat
t6, not existing before the con-
Sttution," he said.
The direct election amendment to
the constitution has not changed
the provisions Of section 4, article
!, Of that document, the court held.
Chief Justice White predicted
that legislation would come which
would set aside today's decision as
10 the power OF congress over pri-
maries, for otherwise government
cannot live" He called attention
to those states in which the pri-
mary had been made the controlling
feature Of the election. In such
cases he said, election is still
born and the vote without power
4 or weight
Associate Justice Pitney also
rad an opinion dissenting in part
from the courts decision, and an
nounced that Associate Justices
Brandeis and Clarke had concurred
in the opinion he filed.
Chief Justice White said he con-
CURED In the reversal Of the con-
vlction but thought that a new
trial should be held.
History Of Case.
The case Of United States Sena-
tor Truman H. Newberry of Michi-
gan and l6 Of his political asso-
clates reached the supreme court
On the United States from the fed
eral district court at Grand Rapids,
Mich, where the appellants were
found guilty March 20, 1920, OF
criminal conspiracy to violate the
FEDERAL corrupt practices act.
Inc senator was sentenced by
ne district Judge, Clarence W. Ses-
SONS. to two years Imprisonment,
y Fort Leavenworth and fined
M'ooo. This, the extreme penalty
" the law, was also placed against
No others. the remaining SEN
1900.
Inc case started with 1876 indict-
Ments returned at Grand Rapids
w. ~, 1913. 1t was called 70,
Wal Jan. u, 1920, and lasted eight
,.eeks. IS Of the original list of de.
~aoants being still before the bal
.aen the jury retired. One mar
vas granted separate trial be.
Ause OF illness and one was never
.ested. having gone to South
a1ericA before the indictments
ny returned. Twenty-three were
HSumissed on motion Of Frank c
ey, special assistant attorne,
@e, at the close Of the govern
ma ~@s testimony on March :, 1920
tSu tne next day Judge Session.
,o 10 more. Seventeen wer,
~. .aa suilty, IS acquitted and tn.
- - Of 10 who pleaded nolo con
Nuete N.e were dismissed after tn,
"r' returned its verdict.
WIN Not Drop Case.
Warrington. May e Senate,
.ss s'aeer. chairman of the senat,
N..sommittee H.. considering tn,
N,,,o-Newberry N,,, case, said his com
49, 49, would proceed with the in
sss.sation. irrespective of the de
49, ol the supreme court. Tn,
question Of who was electe,
Mns, ,ae question of the allege,
charged by MIR. Ford will b.