The New York herald., 1922-08-22
Hughes on the Newberry Case.

HUGHES to the Rev. Mr.. MAcCAULEY
of Paterson, New Jersey, in defence
of Senator NEwBERRY of Michigan is
bound to be of political Importance
even IL Mr.. HUGHES wrote it only to
satisfy the clergyman's desire to OBJ
tain a statement of fact from the
great jurist who was NEwBERaY's
counsel before the Supreme Court OF
the United States.
Senator NEwBERRY's term of office
does not expire until March, 1925.
hut there has been talk of the possi-
bility of expelling him from the Sem
ate at the next session. Further
more, Senator NEwBERRY's colleague
and supporter. Senator TOWNSEND, is
having a fight for denomination In
the Michigan primaries next month.
The friends of both NEwBERRY and
TOWNSEND may well feel that Secre-
tary HUGHEs's letter will help to
clear the political air.
Always a powerful writer. Mr..
HUGHES hits hard and hotly in de-
fence of the Senator whose convic-
tion in Michigan of conspiring to vio-
late the Corrupt Practices act was
set aside by the highest of our courts.
That conviction, declares Mr.. HUGHES,
was obtained under an invalid stat
ute and, despite the long period OF
preparation, 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 and even bitterness or
his pursuers, their attempt to estab-
lish a violation of law on the part of
Senator NEwBERRY completely failed.
Secretary HUGHES remarks that
under the construction which the
prosecution put on the statute
hardly any candidate could have es-
caped violating it." That is perfectly
true. for the Michigan law forbade
the expenditure by candidate OF
more than S3,75o. A candidate and
his supporters might as well be for
hidden to spend anything. They
could not reach more than a small
fraction of the voters of a populous
state with $3.50 The campaign OF
CLIFFORD PINcHor for the Gubernato-
rial nomination in Pennsylvania cost
rearly $4,000.
The primary system now in effect
is to blame for the high cost of cand1-
dacy. A man seeking office must un-
6ergo two campaigns almost equally
hard on the voice and the pocket
The primary expense is particularly
severe because only in rare cases,
such as that of General WooD in
1920, will the public open its purse to
the man who is still only candidate
for nomination.
In the Michigan case NEwBERRYs $
friends saw him opposing one of the
richest two men in the country-per-
haps the richest now that Mr.. Rock
EFEILER has given so magnificently TO
aid humanity. Those friends appar-
emily believed that ii was necessary
to spend literally in order to beat
HENRY FORD. That they went to an
improper length is likely; and for
their sins NEwBEERY was, in Secre-
tary HuGHEs's phrasing, wrongly
and most unjustly convicted
No wise man is going to defend the
spending OF huge sums to nominate
or elect men whose only political
asset is their wealth, but before pass
ing on the morality of political ex-
penditure all the circumstances OF the
case should be considered.
Some of the gentlemen of the
United States have shed crocodile
tears over the so-called corruption in
Michigan. A few weeks ago THE
NEW York HERALD had this to say
about these statesmen:
For two or three years the purists
i In Congress have viewed with horror
the alleged expenditures made by
/
pursc-from his own purse, mind
you-to secure his nomination for
the United States Senate. To-day
many OF these men--these same pur-
lists. mind you - who denounced
NEwBERRY in bitterest and most
scathing terms are themselves out
for the purchase Of votes. but this
time not with their own money but
with your money. Mr. Citizen. This
is what jamming through the bonus
bill means, stated in cold facts"
What was true when that was writ
ten is true to-day. II will still be
true and worth remembering II the
attack on NEwBERRY is renewed for
partisan purposes.
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