Americus times-recorder. [volume] (Americus, Ga.) 1891-current, 1921-05-02
REVERSES VOTE
BUYING PENALTY
ON RICH SOLON
Sixteen Other Defend
ants In Election Cor
ruption Case Freed

WASHINGTON, May 2.-(By AS
s0ciated Press. )-The conviction of
Senator Truman H. Newberry in the
| Michigan federal court for conspir-
acy to violate the federal corrupt
practices act was set aside today by
the U. S. Supreme court. The CON
viction of sixteen other defendants
| also was set aside
The court held that congress was
without power to regulate primaries,
Justice McReynolds read the opin-
ion. Justice McKenna and Chief JUS
tice White dissented as to the power
of congress. Chief Justice White
said he cOncurred in the reversal of
! the convection, but thought a new
trial should be held
Justice McReynolds said the lower
court erred in dismissing the demur-
rer of the defendants.
This case of Senator Newberry and
sixteen of his political associates
reached the Supreme court from the
federal district court at Grand Rap
ids, Mich, where the. appellants were
found guilty March 20, 1920, of
criminal conspiracy to violate the
federal corrupt practices act.
The senator was sentenced by the
district judge, Clarence w. Ses-
sions to two years Imprisonment at
Fort Leavenworth and fined $4,000.
This, the extreme penalty of the law.
was Also placed against two others,
the remaining sentences running
down to a fine of $1,000.
The case started with 1876 indict-
ments returned at Grand RAPIDS.
Nov 10, 1919. 1t was called for trial
Jan. 27, 1920, and lasted eight
weeks, 85 of the original list of de-
PENDANTS being still before the bar
when the jury retired. One man was
granted a separate trial because of
illness and one was never arrested.
having gone to South America before
the indictments were returned. Twen-
ty-three were dismissed on motion of
Frank e. Daley, special assistant at
toney general, at the close of. the
government testimony on March 2.
1920, and the next day Judge Ses-
sions freed fifteen more. Seventeen
were found guilty, 60 acquitted and
the cases of ten who pleaded nolo
contondere were dismissed after the
jury returned its verdict.
The Defendants
The sentences of those found gull
ty with Senator Newberry follows:
Frederick Cody of New York, for
mer principal of Detroit schools, two
years in Leayenworth and $4,000
fine.
Paul II. Kiag, Of Detroit, mana.
ger of the Newberry campaign, two
years in LeavenWorth and $4,000
fine.
Charles A. Floyd, of Detroit, as
sistant manager of the Newberry
campaign, two years in Leavenworth
and $4,000 fine.
William j. Mikel, of Oshkosh, Wis,
former deputy state food and drug
inspector in Michigan, two years in
LeavenWorth.
Allan A. Templeton, ex-president
Of the Detroit Board of Commerce
and general chairman of the New
berry committee, one year and six
months in LeavenWorth.
Roger NJ. Andrews, editor of the
Menominee Herald-Leader, one year
and six months in Leavenworth.
Milton Oakman, Detroit, former
sheriff, one year and six months in
Leavenworth.
Richard H. Fletcher, Bay City,
state labor commissioner, one year
and three months in Leavenworth.
James F. McGreggor, Detroit, one
year and. three months in Leaven-
worth.
Fred Henry, Flint, deputy state
factory inspector, one year and three
months in Leavenworth.
Hannibal A. Hopkins, of St. Clair,
Mich, clerk in the U. S. senate,
Washington, one year and one day
in LeavenWorth.
E. V. Chilson, of Ann Arbor,
Republican national committee en-
ployee, one year and one day in
Lcavenworth.
John S. Newberry Detroit, brother
of the senator, $4,000 fine.
Harry o. Turner, Detroit, former
chief deputy marshal, $4,000 fine.
B. Frank Emery, Detroit, former
clerk in the Wayne county treasurer's
office, $4,000 fine.
George S. Ladd, Sturbridge, Mass,
a former master of the Massachusetts,
State Grange, $1,000 fine.
All Under Bond
All the convicted men have been
at liberty on bonds since their in
dictment.
The specific charge against Sena-
tor Newberry was that between Dec.
/, 1917, and Nov 5, 1918, he ''un-
lawfully and feloniously did conspire,
combine, confederate and agree with
divers persons" to voolate the Act of
June 25, 1910. by contributing sums
aggregating 100000 toward the ex-
uenses of his nomination and elec-
tion. 1t was not necessary, the gov
ernment asserted that Newberry
should actually give this amount or
that he should have had personal su-
pervision of its expenditure, but it
was sufficient f he had guilty know
ledge that contributions to an ille-
gal aggregate were being accepted for
4 /