Evening star., 1934-01-09
CANNON AND AIDE
MUST STAND TRIAL
Indictment of 1928 Anti
Smith Leaders Is Upheld
by Supreme Court.
By the Associated Press.

By the Associated Press.
Bishop James Cannon, jr., and Miss
Ada Burroughs of Richmond, va,
treasurer OF the Headquarters Com
mittee. Anti-Smith Democrats" must
stand trial in District Supreme Court
on an indictment charging violation OF
the election laws in their campaign
against Gov Alfred E. Smith in the
presidential elections of 1928, the United
States Supreme Court ruled yesterday.
Cannon directed the committees WORK
which put Virginia, Texas. North Caro-
lima and Florida in the Republican
column for the first time since recon-
struction days.
The court did not pass on the ques-
ton of the Southern Methodist Church
mans quit or innocence. 1t merely up
held the validity of the indictment
which charged Bishop Cannon ana
Miss Borroughs with law violation Tor
failure to report contributions made to
the committee by E. c. Jameson, q
One member of the court. Justice
McReynolds, Gissented from the ma
iority opinion delivered by Justice
Sutherland McReynolds agreed with
the District OF Columbia Supreme
Court that the indictment against the
churchman and Miss Borroughs did
not state clearly the crime of which the
two were charged.
Claimed Act Unconstitutional.
Along with his contention that the
indictment was invalid, Bishop cannon
said the corrupt practices act when
requires that political contributors 10
be used in election of President or
Vice President be reported to the clerk
Of the House of Representatives was
unconstitutional.
The court disposed of this plea also,
the opinion asserting OF Cannons con-
tention that so narrow view OF the
powers of Congress in respect OF the
matter is without warrant.
The indictment was not returned un-
til 1882 The District Courts ruling
that it was defective was reversed ny
the District of Columbia Court OF
Appeals and that decision was finally
upheld today.
The failure of his committee to re-
port all the $66,60 from Jameson led
his foes to center on that phase OF the
churchman's political activities. Rep
resentative Tinkham, Republican, Of
Massachusetts, denounced Bishop Can
non on the House floor and out OF a
statement Tinkham issued later came
uDel SulI, UuI Iile SooS he'ei "e"' W.
trial.
Only two of the 10 counts in the
Indictment against the churchman and
Miss Burroughs were ruled valid To-
day by the court.
The first eight alleged specific fall
ures to report contributions to the clerk
of the House of Representatives, the
last two conspiracy to violate the cor
rupt practices through failure to report
the contributions.
Bishop Cannon listened attentively
to oral arguments in his case before
the Supreme Court but he was not
present when the decision was handed
down.
Cannon Issues Statement.
The case goes back to the District
Of Columbia Supreme Court, which
must set q date for the trial.
This statement was issued yesterday
by Bishop Cannon:
Now that the Supreme Court has
clarified the situation by striking out
eight counts in the indictment, I de-
sire prompt trial on the two remain
ing counts"
Robert H. McNeill, counsel for Bishop
Cannon and Miss Burroughs, said in a
statement:
THE decision Of the Supreme Court
declares invalid entirely eight Of the
ten counts, these eight being the sub
stantive counts, leaving in the indict-
ment only the two conspiracy counts.
The conspiracy counts are largely based
upon the substantive counts, which the
Supreme Court said do not charge any
offense whatever.
The Government, therefore, II 1t
goes ahead with trial Of the case.
must be prepared to prove that the
defendants conspired together to COM
NIT the offense charged, not that they
merely failed to report the contribu-
tions.
In view Of the legal situation am
positive that the Government will find
itself entirely lacking in proof as to
the conspiracy charge and will take a
nolle PROSE- or dismissal. OF course,
I may be mistaken about this, but !
can say for Bishop Cannon and Miss
Burroughs that whatever position the
Government now takes they will expect
very speedy and complete vindication.
either by dismissal by the, United States
attorney or by q verdict by the jury"