Palisadian. [volume] (Cliffside Park, N.J.) 1906-current, 1921-03-05
HOLDS Lever
ACT is INVALID
Sections Under Which Coal and
Food Prosecutions Were Made
Declared Unconstitutional.
LAW is TOO Indefinite
Supreme Court Decides Against Pun
ishment Section-OpinIon Will Halt
All Prosecutions Under the Anti
ProfiteerIng and Hoarding Act.

Washington.-The Supreme Court
held unconstitutional the sections of
the Lever act under which the govern
ment stopped the coal strike of 1919
and subsequently launched it's cam
paign to reduce the cost of living by
prosecuting alleged hoarders Of and
profiteers in foodstuffs and other ne
cessities.
The courts opinion was rendered
specifically in an appeal by the gov
eminent from decree in lower courts
luashing an indictment against an al
legged profiteer in sugar, but 1t was
weeping in It's terms and will have
The effect Of ending all prosecutions
instituted by the Department Of JUS
Ice In it's cost Of living campaign.
The action Of the government in OBJ
aiming injunctions to stop the strike
IF bituminous miners in November,
1919, was not before the court, but
Department of Justice officials said
hat it was under Section 4, which was
1eld invalid, that the government had
proceeded against the miners.
The opinion Of the court was based
argely on the indefiniteness of the
sections under review. Chief Justice
White, departing from his prepared
opinion, remarked that the scope OF
he sections apparently was "as broad
rs human imagination" and that the
tdpprpa Of Grim Iitv x,oc Jaf+ to oyor
changing standards.
Associate Justices Brandeis and Pit
ley dissented as to the reasoning by
which the courts decision was reach
ed, but cOncurred in the result.
The chief justice said in his written
opinion that the sections under dis
.ussion did not constitute a fixing
by Congress of an ascertainable stand
ard Of guilt" and were not adequate
TO inform persons accused Of violations
thereof of the nature and cause Of the
accusations against them"
The wide latitude Of possible inter-
probation was clearly evidenced, he
laid, by the varied assortment of cases
brought before the court to test the
act. These cases, numbering ten In
Ill, ranged from specific convictions
70 denial Of injunctions sought by re-
tailers to restrain government agents
from proceeding against them. In some
eases the government appealed from
adverse decisions Of lower courts,
guashing indictments, and in others 1t
defended decisions in its favor.
"Observe that the sections forbid no
specific or definite act" said the chief
Justice. ITO attempt to enforce these
sections would be the exact equivalent
Of an effort to carry out a statute
which, in terms, merely penallzed or
punished all acts detrimental to public
interests when Injurious or unreason..
able in the estimation Of court and a
Jury.
"We are Of the opinion that the court
below was clearly right In ruling that
the mere existence of q state Of war
could not suspend or change the opera
ton Of the guarantees and limitations
Of the Fifth and Sixth Amendments,
such as we are here passing upon"
These sections of the Constitution
declare that in all criminal prosecu-
lions the accused "shall have the right
to be Informed Of the nature and cause
Of the accusation" and that the charge
must be specifically set forth in the
Indictment returned against him.
Section of the Lever act made it
unlawful ito limit facilities for trans
porting, producing, harvesting, manu-
featuring, storing or dealing In any
necessities; to restrict distribution Of
any necessities: to prevent, limit or
lessen the production Of any necessi-
ties In order to enhance the price
thereof or to exact excessive prices for
any necessities"
The court took as the test case that
Of the L. Cohen Grocery Company Of
st. Louis, which had been indicted for
violation Of the act because of the
sale Of so pounds Of sugar for $1007,
or at the rate Of more than 20 cents a
pound.