New-York tribune., 1921-03-01
Sections Under Which All
Coal and Food Prosecu.
tions Were Brought De-
clared Unconstitutional
Judges Find Law
Is Too Indefinite
Broad as Human Imag-
inaiion," One Remarks; !;
Mine Suits Also Fall

WASHINGTON, Feb. 28.-Thc Su-
preme Court to-day held unconstitu
tional the sections of the Lever act un-
Ger which the government stopped the
coal strike of 1919 and subsequently,
.aurched its campaign to reduce the
cost of living by prosecuting alleged
toarders Of and profteers in food
stuffs and other necessities.
The courts opinion was rendered
specifically in an appeal by the gov
ernment from a decree in lower courts
ouashing an indictment against an al
.egcd profiteer in sugar, but it was
sweeping in its terms and will have
the effect of ending all prosecutions
instituted by the Department. of JUS
t'ce in its cost-ofliving campaign.
The action of the government in OBJ
tanning injunctions to stop the strike
of bituminous miners. in November.
1919, was not before the court, but
Department of Justice officials said
that it was under Section 4, which was
held invalid, that the government had
proceeded against the miners.
Law Held Too Indefinite
The opinion of the court was based
largely on the indefinitcness of the
sections under review. Chief Justice
White, departing from his prepared
opinion, remarked that the scope of
the sections apparently was "as broad
as human imagination" and that the
degree OF criminality was left to ever
changing Standards"
Associate Justices Brandeis and Pit
ney dissented as to the reasoning by
which the courts decision was reached.
but concurred in the result
The Chief Justice said in his written
opinion that the sections under dis
cusslon did not constitute a fixing
by Congress Of an ascertainable stand
ard of guilt" and were not "adeuuate to
inform persons accused of violations
thereof OF the nature and cause of the
accusations against them"
Latitude of Interpretation Wide
The wide latitude of possible in
terpretation was clearly evidenced. he
SAID, by the varied assortment Of cases
brought before the court to test the
act. These cases, numbering ten in
al, ranged from specific convictions to
denial of >injunctions sought by re-
from proceeding against them. In
some cases the government appealed
from adverse decisions of lower courts,
quashing indictm ents, and in others it
defended decisions in its favor.
"Observe that the sections forbid no
specific or definite act" said the Chief
Justice. "To attempt to enforce these
sections would be the exact equivalent
OF an effort to carry out statute
which, IN terms, merely penalized or
punished all acts detrimental to public
interests when injurious or unreason-
able in the estimation Of a court and a
jury.
I'VE are of the opinion that the court
below was clearly right in ruling that
the mere existence Of state Of war
could not suspend or change the oper-
alton 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-
tions 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 4 of the Lever act made it
unlawful "to 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"
St. Louis Sugar Case Test
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 fifty pounds of sugar for $10.07. or
at the rate of more than 20 cents q
pound.
Decisions Of lower courts sustaining
demurrer to the indictment on the
ground that the section violated the
Fifth Amednment were affirmed bv the
Supreme Court.
Justice White then took up the other
nine cases in turn, giving the effect Of
days decision. In brief, they are:
r. E. Remington and others, mer-
chants of Jackson, Miss, versus At
torney. General Palmer, appealing from
refusal of lower courts to issue an in.
junction. Decree of lower courts re.
versed.
A. T. Lewis & Co. and twelve other
merchants of Denver, COL, appearing
as defendants in the appeal brought
by the government from an Injunction
Continued on pass e1rse)