Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1921-05-14
SET ASIDE CONVICTION OF SEN
ATOR NEWBERHY; CONGRESS-
WITHOUT ELECTION POWER

ATOR NEWIslIisRl; CONGltIGSS
WITHOUT ELECTION POWER
Supreme Court ~ rru!cs Ccrv.Itior
OF United S atcS Senator in Federal
Courts for Conspiracy to Violate
Corrupt Practices Act.
Washington. May 2.-Convictiuu of
United States Senator Truman II.
Ncwbcrry, i'll federal courts in Michi.
gan for conspiracy 70 violate the fch'
eral corrupt practices act, was set
aside today by the supreme cour'.
The conviction OF sixteen othc, tic.
PENDANTS also was set aside. The court
held that congress was withou: power
to regulate primaries.
Justice McRcynolds read the opin
ion, to which Justice Mcl&onna dis
sented as to tho power of congress,
but agreed as to the decision.
Chief Justice White also dissented
from tho decision that congress did
not have power to control all elections
but agreed that the statute had been
grossly discontinued" D..
SAYS LOWER COURT ERRED
Justice McReynolds said that the
lower court erred in Diminishing the
demurrer of the defendants.
OBVIOUSLY the corrupt practices act
covers also the primaries and other
preliminary acts preceding an cleo
tion," the court said. "Thc one CUES
uon here Is whether congress may linn
1t expenditures OF candidate. The
source of such power is in section 4,
article /, Of the constitution, This
gives congress the power OF regulat
ing the manner Of holding elections
and not Of elections
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 constitution to regulate sen
atorial elections.
1T Is essentially federal matter,
not existing before the constitution"
said he '.'
The direct election amendment to
the constitution has not changed the
provisions of Section 4, Article l, of
that document the court held.
Chief. Justice White predicted that
legislation would come which would
set aside today's decision as to the
power OF congress over primaries for
otherwise government cannot live"
SENTENCED TO TWO YEARS.
The case Of United States Senator
Newherry and sixteen Of his political
associates reached the supreme court
of the United States from the feder-
al district court at rand Rapids, Mich
igan, where the nDnnlants were found
guilty March 20, 1920 of criminal con
spiracy to violate the federal corrupt
practices act.
The senator was sentenced by the
district judges, Clarence w. Sessions
to two years Imprisonment Mt Fort
Leavenwoltth and fined $4,000. This
the extreme penalty of the law, was
also placed against two others, the re
aiming sentences running down to n
fine of $1,000.
The case started with 1876 indict-
ments returned Mt Grand Rapids, Nov
ember 20, 1919. 1t was called for trial
January 81. 1920, and lasted eight
"SChS, 90 III luc OIlSlllt llSL OIL uc-
PENDANTS being still fefore the bar
when tho jury retired One man was
granted separate trial because OF
illness and one was never arrested
having gone to South America before
the indictments were returned.
TwantWthree We're dismissed on
motion of Frank G. Daley special as.
sistant attorney general, ut the close
OF the government testimony On
March 9, 1920 and the next day Judge
Sessions freed fifteen more. Seven; cen
were found guilty, siXtey-eight init.
ted and the cases OF ten who pleaded
mol contenderc were dismissed after
the jury returned its verdict.
The specific charge against Senator
NeWberry was that between Decembe,
l, 1917 and November s, 1918 he "nn
lawfully and feloniously did conspire,
combine, confederate and agree with
divers persons" to violate the act of
June 20, 1910 by contributing sums
aggregating 100000 toward the ex
penses Of his nomination and election.
1t was not necessary, the government
asserted, that, Newberry should actual
~ give this amount or that he should
nave had personal supervision OF It's
expenditure, but 1t was sufficient IL no
had guilty knowledge that contribu
lions to jan illegal aggregate were be.
Ing accepted for tho nurnoco T., ,,,ou,