davidaulloa/AmericanStories huggingface dataset:
Alma record. (Alma, Mich.) 1878-1928, 1922-08-31

and for Justice Brandeis and Clarke,
thus described the effect of the trial
courts instruction to the jury: "The
effect Of the instruction that was
given may well have been to convey
TO the jury that Mr.. Newberry's con-
duct in becoming ana remaining a
candidate with knowledge that spon-
taneous contributions and eXpendi-
lures of money by his supporters
would exceed the statutory limit, and
his active participation in the cam
paign, We're necessarily equivalent to
an active participation by him IN
the expenditure and use Of an exces-
ave sum Of money, and that a com
bination among the defendants hav-
ing for its object Mr.. Newberry' 8
participation in campaign where
money in excess Of the prescribed
limit was to be expended, even with
out his participation in the contrlbu-
ton or expenditure Of such money,
amounted to conspiracy on their
part to commit az offense against
the act"
The conviction Of Senator New
berry was obtained under statute
held by the majority of the Supreme
Court to be invalid; rested upon n
ground which did not involve any
finding by the jury Of moral turpi-
tude; and was effected only by a
most serious misconstruction Of the
statute which exposed him to convic-
ton regardless Of any moral offense
upon his part and no matter how
hiRh-minded he might have been in
his conduct in the campaign.
| note that in your letter you re-
fer to Chief Justice White and Justice
McReynolds as Democrats. depre-
cate any such allusion, as partisan
considerations do not enter into the
judicial opinions of the Supreme
Court
The plain fact is that Senator New
berry was wrongly ard most unjustly
convicted and his conviction was set
aside. Despite the long period of pre-
paration, the rigid investigation, the
careful choosing Of their ground, the
long drawn out trial, the attempt in
every possible way to besmirch, and
the zeal, ability and even bitterness
Of his pursuers, their endeavor to
establish a violation Of the law on the
part OF Senator Newberry completely
failed ard accordingly Sen. Newberry
stood as a senator duly elected by the
people Of the state Of Michigan and
entitled to his seat in the senate Of
the United States.
| remain, very sincerely yours,
Charles +. Hughes
Alma record. (Alma, Mich.) 1878-1928, 1922-08-31
BRECKENRIDGE

Mrs. Charles A. Zub'er died very
suddenly from a stroke Of apopleXy
on Thursday morning at 7:45 at her
home in the Waysde Inn, in Brock
enridge. Her sudden death was a
great shock to her many friends here.
Since the death of her husband on
February y last, she had conducted
the hotel business at the Wayside
Inn and given excellent satisfaction
to the travelling public. The funeral
was held Saturday afternoon from
the home, Rev. G. II. Conan Of Rich
mond, a former Congregational pas
tor officiating. Interment took
place in the Breckenridge cementery.
l. A. Hall, Chiropractor, has open
ed an office in the nome Of Mrs.
Anna Sabin in this place and will be
here Tuesdays, Thursdays and Sat
urdays.
Alma record. (Alma, Mich.) 1878-1928, 1922-08-31

Charles Merrill, George Huntoon,
Adelbert Giles, Frank Youry, Peter
Youry, DR.. ID. A. Cults and Mr.. and
Mrs. Eastman and Mr.. and Mrs. w.
b. Tryon all motored to Lansing,
Thursday to attend the Fair and
races.
Mr.. and Mrs. Clinton Sawvel left
Wednesday for a weeks motor trip
TO points in southern Michigan and
Indiana.
Mr. and Mrs. j. r. Palus and son,
Richard, returned Wednesday from a
two weeks motor trip to different
points in Illinois.
Mrs. Livermore and daughter, Mrs.
Wilkinson, are visiting relatives in
Battle Creek, from there Mrs. Wiki
irson will return to her home at Sc
attic, Washington.
Mrs. Susan Graham entertained
nine of her lady friends at pot luck
dinner, Friday.
Mr. and Mrs. Ralph Jansen of Bat
tie Creek have been guests of her
parents, Mr.. and Mrs. i. A. Sexton
the past week.
Roth Bros, distributors of Buick
autos of this place, have just sold to
John Mitchell, Maroon Sport, nicllle
trimmed roadster, and Buick Fours
to Harry Kinkade, Irving Wood, and
George Selleck.
Alma record. (Alma, Mich.) 1878-1928, 1922-08-31

nevertheless of the opinion that there
should be judgment of reversal
without prejudice to a new trial, be-
cause Of the grave misrepresentation
and glievous misapplication of the
statute upon which the conviction
and sentence below were based"
Justice Pitney also wrote an opin-
ion, in which Justice Brandeis and
Justice Clarke concurrcd, in which
while expressing their view that
congress had power to pass the
statute in question, agreed that the
statute had been seriously miscon-
strued and that the conviction Of Sen
ator Newberry was erroneous. Ac-
cordingly, these Justices agreed in
the reversal Of the judgment.
The point Of the "grievous misap-
plication" Of the statute by the trial
judge and the grave INJURY that was
thus done to Senator Newberry suf-
ficiently appears from the opinions
of these justices. may say that a
more extraordinary misconstruction
Of a statute has never come under
my observation and under this con-
struction hardly any candidate could
have escaped violating it.
Chief Justice White, in his opinion,
says that the controlling instruction
given by the court to the jury was
Gin clear conflict with the text Of the
statute, and was necessarily of a
seriously prejudicial nature, since in
substance it announced the doctrine
that, under the statute, although
candidate for the office Of senator
might not have contributed a cent to
the campaign or caused others to do
so, he nevertheless was guilty if he
became a candidate or continued az
such after acquiring knowledge that
more than $3.50 had been contri-
buted and was being expended in the
campaign"
The chief justice pointed out that
there had been failure to dis
tinguish between contributions and
expenditures made or caused to be
made by the candidate and the volun-
tary contributions and expenditures
of others.
The chief justice illustrated the
point by showing the absurdity of a
construction which would expose the
most high minded candidate to con-
viction of a criminal offence under
the statute if he continued his can
didacy with a knowledge that his
supporters had put up the necessary
moneys to enable him to conduct a
legitimate campaign. Thus Chief
Justice White said:
"Under the instruction given, in
every case where to the knowledge of
the candidate the sum in excess Of
the amount limited by the statute
was contributed by citizens to the
campaign, the candidate, if he failed
to withdraw, would be subject to
criminal prosecution and punishment.
SO also contributions by citizens to
the expense Of the campaign, if only
knowledge could be brought home to
them that the aggregate Of such con
tributions would exceed the limit Of
the statute, and would bring them as
illustrated by this case, within the
conspiracy statute and accordingly
subject to prosecution. Under this
view, the greater the public. service,
and the higher the character, Of the
candidate, giving rise to cores
pondingly complete and self-sacrific-
ing support by the electorate to his
candidacy, the more inevitably would
criminality and infamous punishment
result both to the candidate and to
the citizen who contributed"
Justice Pitney, writing for himself
Alma record. (Alma, Mich.) 1878-1928, 1922-08-31

Newberry and the other defendants.
One Of these counts, the fifth, charged
conspiracy TO commit great many
offenses, consisting of giving money
and things of value to persons to vote
for Senator Newberry and of giving
valuable considerations to persons TO
withhold their vote from Henry Ford.
1t will be remembered that the trial
was a very long one, and that volum-
nous evidence was introduced. But,
despite every effort of the prosecu-
ton 70 show corruption, the trial
court disposed of this charge and re-
fused to permit the jury to consider
it, as there was no evidence whatever
to sustain it. There was thus no
charge of bribery laid before the jury
and the conviction did not proceed
upon any such groud.
Upon this point Chief Justice White,
in his opinion in the Supreme Court,
said:
AT the trial before the subm ssion
Of the case to the jury, the coul put
the fifth count entirely out o. the
ease by instructing the jury to dis
regard it, as there were no evidence
whatever to sustain it. The bribery
charge therefore, disappeared.
There was another count, or
charge, in the indictment, the sixth
count, which charged a conspiracy to
defraud by use of the mails. But up
on that count the jury rendered a
verdict Of not guilty.
The four remaining counts Of the
indictment involved substantially the
charge, and these were either elm
lated or consolidated with the first
count. Thus the question came down
to the one point, as ! have said, the
expenditure, or conspiracy to eXpend,
an amount of money in excess Of the
statutory limit of $3.50. That was
all that was left of the case.
Senator NeVberry could not have
been convicted, even upon this
charge, without what | always re-
garded, and so stated in my argu-
ment TO the supreme court, as an
extraordinary misapplication of the
statute upon which the charge was
based.
Senator Newberry, and the other
defendants, having been convicted in
the manner stated, an appeal was
taken directly to the Supreme Court.
The opinion Of that court, written
by Justice McReynolds on behalf Of
the majority Of the justices, held that
the Federal statute was unconstitu-
tional, as congress had not been
to limit the expenses of
primary or nomination campaign.
One Of the majority, Justice McKen-
ma, concurred in this opinion on the
ground that the act Of congress was
enacted prior to the seventeenth a
mendment and he reserved the ques-
ion Of the power of congress under
that amendment. With the holdings
If the statute unconstitutional, in its
relation to primary campaigns, the
oasis Of the prosecution of Senator
Newberry, with all its sensational in
cident, fell.
There were four of the justices Of
he supreme court, who did not con-
,ur in the view that the statute was
unconstitutional, but they joined in
reversing the judgment of conviction
because the statute had been serious
y misconstrued by the trial court.
Chief Justice White wrote a sepa-
rate opinion, in which he expressed
his view. He said:
Although ] am unable 10 concur
n the conclusion as to the want Of
power of congress and in the judy
ment of reversal as rendered, | am
Alma record. (Alma, Mich.) 1878-1928, 1922-08-31
Very truly yours,
(Signed) HUGH Il. MacCAULEY,
1929 Eighteenth st.


Washington, d. c., Aug. 16, 1922
Rev. Hugh B. MacCauley, D. d.,
Paterson, n. j.
Dear Sir-I have received your
letter asking me to comment on the
facts and the law in the case of Sen
ator Newberry, which was decided by
the Supreme Court of the United
States, and ! take pleasure in COM
plying with your request | regret
to say that there seems to be a gen
eral misconception of the nature Of
the litigation and its result, and Sen
ator Newberry has suffered in con-
sequence most serious injustice.
Senator Newberry, with others,
was indicted in the Federal Court of
Michigan for violating the Federal
statute limiting expenditures by a
candidate in procuring him nomina-
ton and election as a senator or rep
resentative in congress. The Fed
eral statute made it unlawful for the
candidate to expend an amount in
excess Of the limit fixed by the state
statute and the limit in Michigan
was $3.50 in the case of the nomi-
nation and election Of United
States senator.
berry in the lower court was reversed
unanimously by the Supreme Court
of the United States.
1t should be borne in mind that
Senator Newberry's conviction in the
lower court was not based on any
charge of fraud or corruption or of
the use of money for an illegal pur-
pose or of any act involving moral
turpitude.
1t was based solely on the charge
that there was an expenditure in his
campaign for nomination and cleo
ton of over $3,750, the statutory
limit regardless of how the money
was used or how innocuous and pro-
per the purposes of the expenditure
might have been. To make the point
clear, if all the money had been used
in hiring halls for the delivery Of
speeches, or in distributing circulars,
the conviction under the construction
of the trial court would have been
just as inevitable as long as this a.
mount exceeded $3.50. That this
was the nature Of the case is demon
strated by the explicit instructions
which the trial Judge gave to the
jury.
The point was clearly brought out
by Mr.. Justice McReynolds i'm giving
the opinion of the Supreme Court Of
the United States. He said:
Under the construction of the act
urged by the government and adopt
ed by the court below, it is not nee
essary that the inhibited sum be paid,
promised or expended by the candi-
date himself, or be devoted to any
secret, or immoral purpose. For ex-
ample, its open and avowed contri-
button and use by supporters up
on suggestion by him or with his
approval and cooperation in order to
promote public discussion and debate
touching vital questions or pay
necessary expenses of speakers, ETC.,
is enough. And upon such interpre-
tation the conviction below was asked
and obtained"
There were six counts, or charges
in the indictment against Senator
Alma record. (Alma, Mich.) 1878-1928, 1922-08-31
MEWbERRY CASE
NOT AN ISSUE
|. LETTERS SHOW
CHARLES f. HUGHES POINTS
OUT WHEREIN NEWBERRY
WAS WRONGED.
Townsend Opponents
Taking Wrong VielU

Those who insist that the New
berry campaign is a factor in the
campaign against Senator Charles f..
Townsend, who is seeking renomina-
tion at the hands of the Republicans
this fall, have only to read the letter
written to Charles Evans Hughes by
Hugh B. MecCauley, d. d., of Pat
terson, n. j., and the reply by Secre-
tary of State Hughes to realize that
the Newberry case is not an issue of
the campaign and should not be.
These who are seeking to wrest the
Republican nomination from Senator
Charles Townsend have been filling
the air with the Newberry case claim
ing in nearly all of their speeches
that it is the issue of the campaign.
A careful perusal of the following
letters is all that is needed by any
fair minded citizen to gather that
Senator Townsend is absolutely right
when he says that the Newberry case
is not an issue Of the campaign.
Alma record. (Alma, Mich.) 1878-1928, 1922-08-31
Paterson, N. j., Aug. u, 1922.
Hon. Charles f. Hughes,
Department of State,

Department OF State,
Washington, ID. c.
Dear Sir-Alusion to the New
berry case made from time to time by
Democratic speakers leads me to ask
you if you will not state the facts
and the law upon which you made
your argument in the supreme court
of the United States and upon which
that court decided the case.
/ remember that Mr.. Justice Nc
Reynolds, Democrat, handed down
the decision of the majority of the
court, acquitting Mr.. Newberry, and
that Chief Justice White, and a great
man, concurred in the decision but |
do not remember having seen pub
lished, even in the summary, the
substance of their opinions.
| shall be grateful, as l am sure
thousands of other citizens will be,
if, as | have suggested, you will state
the facts and the law and quote for
my information the opinions of the
justices as well as your own personal
opinion.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13
by DOROTHY DIX
The WORLDS Highest Paid Woman
Nrffer


Copyright 1922 by the Wheeler
Syndicate, Inc.)
young girl writes me that she
is in love with poor young man,
and wants to marry him. but that her
mother bitterly opposes the match
Mother hasn't thing against the
young man except his poverty, but
she wants her daughter TO marry
man who can give her fine house,
and an automobile, and Paris clothes.
and all the other appurtenances OF
wealth.
Il want to save you from the life
that l have had to lead, says the
mother. Il don't want to see your
hands knotted and work hardened. l
don't want to see you grow old be-
fore your time because, you have not
the leisure or the money to preserve
your youth and good looks.
Il don't want you to know the
sordidness of having to haggle over
every penny. l don't want you to
know the wearing anxiety of won
dering desperately where the money
is to come from to pay the butcher,
the baker, and the candle stick
maker. / don't want you to know
the anguish that tears at mothers
neaft, as She sees ntT cnliuTeu sioW-
ing up, and knows that she can
not give them the advantages that
other people give their children.
Got Domestic Slavery
II married a poor man for love
when / was your age. and VIII { has
1t brought me? Domestic slavery. l
thought, just as you think, that
money did not matter, and l would
live in a castle in Spain, but my
house of dreams turned out to be
shabby flat with the landlord clam
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13
What to Marry For;
Is 1t Love or Money?

oring at the door for overdue rent.
Believe me. my child, romance
doesn't last. Husbands soon cease
to be lovers. and then the thing that
counts to a Woman are the things
that money buys. Physical com
forts. Ease. Amusements, pretty
, frocks Travel These are the con-
ISOLATION prizes that life gives to the
woman who is married to we'll
off man when it skaters her illusions
about matrimony. But if she marries
a poor man, she is left empty
handed, as well as empty hearted
The woman who breaches this
hard and material doctrine to her
daughter is not the sordid wording
she seems. She is a good woman,
loving and tender mother who
doesn't realize that she is trying to
induce her child to sell herself to
the highest bidder.
She is just woman who is so
worn out with the struggles and
hardships of narrow means that she
has lost her perspective. She has
held a coin so near her eyes it has
blotted out the universe to her.
Things worth While
She has forgotten many things.
She has forgotten that there are some
things so beautiful and wonderful
that they are worth, any price We
have to pay for them. One of these
lis the glory and fulfillment of young
love. Perhaps romantic love does not
often last. but to have known the
splendor and rapture and the circling
wings of 1t, even for a month, even
for a week, even for a day or an
hour, is to have had ones great
moment and leaves one with a mem
DRY that gilds the drabness Of life
time.
No money, no position, no motor
cars, compensates a woman for miss
ing this and the woman who has
never loved is poverty stricken, no
matter IL she has wealth of Croesus.
The mother who tries to induce
her daughter to marry for money
forgets that the wheel of for
tune turns and that the poor
man of today may be the
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13
NO REDUCTION OF
TAXICAB LICENSE,
COMMISSIONER CL0E:

There will be no reduction in II
cense OF taxicabs. said Commissioner
w. B. Cioe, following the meeting OF
the commission Tuesday, when pro-
test was registered by small taxi OPP
orators that they were being discrim-
mated against under the new schedf
ule. Taximen were represented by
III. A. Porsch. attorney, who declared
that the 1923 license schedule would
result in taxicab monopoly in Bir-
minghain.
President D. E. McLendcn informed
Mr.. Prosch that the license schedule
had already gone to the printer and
that changes would have to be in the
form of amendments. He suggested a
conferences later between taxi Wen
and commissioners. to which Mr..
Prosch agreed.
After the meeting. Commissioners
Cloe said: Il will oppose any redac-
ton in taxicab licenses. We have
lpurposely placed them high on small
| transitory lines in order 70 weed
them out"
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13
MISS BISSELL ANNOUNCES
WEDDING ATTENDANT

Miss Hortense Bisseil, who is to be
married on the evening of Wednes-
day, December 90. to Ralph Monroe
Eaton of Cambridge. Mass, viii
have for her maids of honor, her
sister, Miss Marion Bissell, and Miss
Elizabeth Wisner of New Orleans
Mrs. Brenton Fisk will be matron OF
honor.
The ceremony will take place at
the residence of the brides parents
MIR. and Mrs. c. s. Bissell, on Cald-
well avenue, at $50, DIR. l.. G. Brans-
comb of Admission officiating.
Mr.. F. F. Van Wormer Walsh OF
Cincinnati, a cousin of the bride-to-
be, will act as best man. Mr.. and
Mrs. Bissell will entertain at re-
ception following the marriage SER
vice.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13
MORE BOYS COMING HOME FOR
THE HOLIDAYS

Among the boys who are return
ing from various colleges to be here
during the holiday festivities are:
Paul and Stewart Stone, who are
at Baylor college: Hubert Scruggs,
who will come from Gulfport; oliver
Perkins of Columbia institute, Column
bia, Tenn; Henry Ryall, Columbia
Military academy, Walter Moore, Ill
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13
Dry Wash
Everything
7clb.

You will find the service
quick and courteous, the
washing clean and beautiful.
All the flat work is ironed,
ready to use. The other things
may be used without any
ironing, as they're n t
starched.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13
MOTHER GOOSE CLUB
TO GIVE CONCERT

The Prenatal Child Welfare as
ISOLATION. under the auspices OF the
Mother Goose club, will give bene-
If concert Thursday evening at S:l5
al the Tutwiler hotel
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13
MRS. ROGUE TO ENTERTAIN
FOR MISS WRIGHT

Mrs. j. r. Bogue win entertain at
a miscellaneous shower in honor OF
Miss Pauline Wright, at the nome
of Mrs. Fred Kernodle. Wednesday
afternoon.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13

cut amid much merriment. The bride
is a sweet young woman, who has
made many friends in Birmingham.
Mr.. Smith is well known young
business man of this city
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13
MRS. HAMMOND TO BE
HOSTESS AT BRIDGE

Mrs. Horace Hammond will give
card party Wednesday, January 8, at
her home on Cliff road. entertaining
about six tables of bridge.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13

Mr.. and Mrs. Horace Hammond Will
be hosts at buffet supper at their
home on Cliff road, Saturday evening.
January 6. The invitations will in
clude about fifty married friends.
The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-12-13
Let the American
Help You This
Busy Week

Call your "lucky number"
and give the full family wash
to the AMERICAN route man.
Tell him to