Evening star., 1933-05-15
D. c. Appeals Court UphoIds
indictment of Pair
on 10 Counts.
CORRUPT PRACTICES ACT
HELD CONSTITUTIONAL
Associate Justice Van 0rsdel
Hands Down Opinion Dissenting
From Other Three Judges.

Bishop James Cannon, jr., and his
secretary, Miss Ada L. Burroughs, must
stand trial in District Supreme Court
for an alleged violation Of the Federal
corrupt practices act under a decision
today by the local Court Of Appeals.
Bishop Cannon and his secretary are
charged with failing to report to the
clerk of the House of Representatives
q $4,000 contribution to a political
committee which was active during the
1928 presidential campaign.
viii File Appeal
Robert H. McNeill and Levi H. David,
attorneys for Bishop Cannon. an
nounced that they would appeal the de-
cision to the Supreme Court at once.
They issued the following statement:
I'VE intend to appeal Immediately for
writ of certiorari to the Supreme
Court Of the United States in order that
the whole matter may be reviewed
finally by the highest tribunal in the
land
We take this action especially be-
cause We think the views of Justice Van
Orsdel dissenting from the majority
Court opinion states the law correctly
and further We believe just as strongly
now as we ever have that the corrupt
practices act itself is a direct violation
Of the Constitution Of the United States.
I'VE have every confidence that the
Supreme Court of the United States
will so hold"
Gives Dissenting Opinion.
Associate Justice Van Orsdel handed
down strong dissenting opinion. in
which he contended the indictment
merely charged that the contribution
was made by E. c. Jameson and did
not allege that the money ever came
into the possession of the committee or
either defendant. Under these circum-
stances. he declared, it cannot be said
the indictment charged the crime de-
fined in the statute.
The indictment. which was in 10
counts, was attacked by counsel for the
defendants on the grounds that the act
itself Is unconstitutional, and that the
indictment fails to allege that Miss
Burroughs, rs treasurer Of the commit
tee, had knowledge Of the Jameson
contributions.
The District Supreme Court supported
this latter contention and held the in
dictment was invalid. The Government
appealed from this decision to the
Court Of Appeals Counsel for the de-
PENDANTS. however. filed a motion to
dismiss the appeal on the ground that it
should have been taken directly TO the
United States Supreme Court The
question was placed before the Supreme
Court, and that body decided that the
Court Of Appeals had jurisdiction over
the issues presented by the appeal.
Act Not Unconstitutional.
In passing upon the appeal, the ap-
pellate court held first that the corrupt
practices act is not unconstitutional as
alleged by the defendants.
Pointing out that the indictment
charged Miss Burroughs with "wilfully"
failing to file the return, the Court
Of Appeals held this was a SUFFICIENT
allegation that She had knowledge of
the contribution.
The Government was represented on
the appeal by United States Attorney
Leo A Rover and John j. Wilson,
James r. Kirkland and Roger Robb,
three Of his assistants
The opinion was written by Chief
Justice Martin, with the concurrence
Of Associate Justices Hitz and Groner.