Arizona republican., 1921-05-03
CORRUPT PRACTICES ACT
 HELD UNCONSTITUTIONAL BY U. s. SUPREME COURT
Senate Opinion Divided On Future Activity of Committee Investigating Michigan Election.

WASHINGTON, May 21-Setting aside the conviction of Senator Tru- man H. Newberry of Michigan and 16 others. for. violation of the fed eral corrupt practices act, the su- preme court held today that the act was unconstitutional.
 The court was unanimous in re- versing the conviction but divided five to four, as to the validity of the law. Chief Justice White and Asso- ciate Justices Pitney, Clark and Brandeis dissented from the courts findings that congress was without power to regulate state primaries, but concurred in the reversal which. they thought. should have been based on the error of the trial judges in- struction to the jury.
 Justice McKenna. while concurring in the majority opinion "as applied to the statute under consideration reviewed the question of the power of congress under the seventeenth amendment which provides for direct election of senators . to supervise primaries
 Opinon was divided in the senate as to the effect of the decision on future activities of the election com mittee with regard to the Michigan election of 1918. in which Henry Ford. as the democratic candidate opposed MT. Newberry. Senator Dillingham;. chairman of the committee. said that since the corruct practices law had been held unconstitutional, il ap peared that the committee would have no further Jurisdiction.
 On the other hand. Senator Spen- cer, chairman of thee ssub-committee
 which has been considering the Ford Newberry case, announced that the inquiry would be continued to deter
 mine. he said, who was elected. as
 we'll as MT. Ford's charge of fraud Senator Newberry has taken no part in senate affairs and has not
 been in his seat since he was sem prison and pay a Sl0.0o0 fine. l The courts decision was that the direct election amendment had not affected section 4. Article l of the constitution, which, the majority i opinon said, while it gave congress | the power to regulate the manner of | holding elections did not confer on | 1t authority to control party prima
 ries or conventions.
 ] Domestic affairs of the states
 would be interfered with if congress.
 under the existing law. was held to ! have control over ths primaries, the ! opinon stated. It was pointed out 1 also that inasmuch as states may suppress whatever evils may be i'm
 cident to primary or convention" and
 each house of congress has thD power ! to judge elections. qualifications and returns of it's own members. and in
 asmuch as congress has authority to regulate the times. places and man
 ner of holding elections, that the national government is not without power to protect itself against cor | ruption. fraud and other malign in ! fluences-''
 Chief Justice White. in his dissent | ing opinion, said he favored a reFer- sal of judgment. obtained in the | lawer courts against Senator New
 berry and Is others. without preju- dice to a new trial. because of the grave misapprehension and grievous misapplication of the statute on
 which the conviction and sentence
 was based
 The chief justice predicted that i legislation would be enacted to give ! congress power over primaries 1 Otherwise. he said, government can
 not live"
 The proposition that the power Of I states solely to control primaries is not affected by the right of congress ' to regulate elections was referred to | as suicidal by the chief justice
 who declared that in states in which
 the primary has become the control ling feature of elections, 'the cleo