Supreme Court Sets Aside Corrupt Practices Conviction of Senator; Says Senate Without Power to Regulate Elections, May 2, 1921

Supreme Court Reverses Conviction of Senator Newberry. . . Decisions of Lower Court Are Set Aside. . . Had Conspired to Violate Corrupt Practices Act, Michigan Court Held. . . Did Not Have Power. . . Congress Is Without Power to Regulate Expenditures, That Decision Holds

Washington, May 2--Conviction of United States Senator Truman H. Newberry in Federal courts in Michigan for conspiracy to violate the Federal corrupt practices act was set aside today by the Supreme Court. The conviction of 16 other defendants also was set aside. The court held that Congress was without power to regulate primaries. Justice McReynolds read the opinion, to which Justice McKenna withheld his opinion as to the power of Congress, but agreed as to the decision.

Chief Justice White also dissented from the decision that Congress did not have power to control all elections, but agreed that the statute had been "grossly misconstrued."

Justice McReynolds said that the lower court erred in dismissing the demurer of the defendants.

"Obviously the corrupt practices act covers also the primaries and other preliminary acts preceding an election," the court said, "the one question here is whether Congress may limit expenditures of a candidate. Tlhe source of this power is in section four, article one, of the constitution. This gives Congress the power of regulating the "manner of holding elections" and not of "elections."

Chief Justice White, in his dissenting opinion, traced in detail the growth of th eelection system to show that Congress was given the power under the constitution to regulate senatorial elections.

"It is essentially a Federal matter, not existing before the constitution," he said.

CORRECTIVE LEGISLATION

Chief Justice White predicted that legislation would come which would set aside today's decision as to the power of Congress over primaries for otherwise "government cannot live." He called attention to those states in which the primary had been made the controlling feature of the election. In such cases, he said, "election is stillborn and the vote without power or weight." The direct election amendment to the constitution has not changed the provisions of section four, article one, of that document, the court held.

News of the Newberry decision reached the senate chamber in the midst of a heated argument between Senator Underwood, democrat, Alabama, and Senator Penrose, Pennsylvania, and other republican senators over reference of a bill to committee. Immediately senators gathered in groups in the rear of the chamber, manifesting undisguised interest in the ruling of the court. FAVORS NEW TRIAL

Chief Justice White said he concurred in the reversal of the conviction, but thought that a new trial should be held. Associate Justice Pitney also read as opinion dissenting in part from the court's decision, and announced that Associate Justices Brandeis and Clarke had concurred in the opinion he held.

Upon learning of the court's decision, Chairman Dillingham of the senate elections committee, which has charge of the Ford-Newberry contest, said the committee would meet in a few days to consider the effects of the court's decision on future senate action. Senator Dillingham said it appeared that, with the corrupt practice law held void, the committee would be without further juristiction.

Senator Dillingham said the majority and minority opinions would be studied carefully by the committee.

Senator Newberry has not taken his seat in the senate nor participated in senate business since his conviction. He was in Detroit today.

HISTORY OF THE CASE

The case United States Senator Truman H. Newberry, of Michigan, and 16 of his political associates reached the Supreme Court of the United States from the Federal district court at Grand Rapids, Mich., where the appellants were found guilty March 20, 1920, of criminal conspiracy to violate the Federal corrupt practices act.

The senator was sentenced by the district judge, Clarence W. Sessions, to two-years' imprisonment at Fort Leavenworth and fined $10,000. this, the extreme penalty of the law, was also placed against two others, the remaining sentences running dow to a fine of $1,000.

The case started with 135 indictments returned at Grand Rapids November 29, 1919. It was called for trial January 27, 1920, and lasted eight weeks, 85 of the original list of defendants being still before the bar when the jury retired. One man was granted a separate trial because of illness and one was never arrested, having gone to South America before the indictments were returned. Twenty-three were dismissed on motion of Frank C. Dailey, special assistant Attorney General, at the close of the government testimony on March 2, 1920, and the next day Judge Sessions freed 15 more. Seventeen were found guilty, 68 acquitted, and the cases of 10 who pleaded nol contendere were dismissed after the jury returned its verdict.

All the convicted men have been at liberty on bonds since their indictment.

CONSPIRACY CHARGED

The specific charge against Senator Newberry was that between December 1, 1917, and November 5, 1918, he "unlawfully and feloniously did conspire, combine, confederate and agree with divers persons" to violate the Act of June 25, 1910, by contributing sums aggregating $100,000 toward the expenses of his nomination and election. It was not necessary, the government asserted that Newberry should actually give this amount or that he should have had his personal supervision of its expenditure, but it was sufficient if he had guilty knowledge that contributions to an illegal aggregate were being accepted or the purpose in view.

Included in the scores of expenditures set forth in the indictment were "appropriating and converting to the use of the defendants themselves, large sums of money under the guise of payment of their expenses and compensation for their services; bribery of election officers; unlawful assistance of election officers; bribery of voters; expenses and compensation of Democratic obstructionist candidates; dinners, banquets and other entertainments."

153 ALLEGED ERRORS

No less than 153 alleged errors were "assigned" by the defendants in their application for appeal to the highest court. Beginning with the refusal of the district court to sustain a demurrer to the indictment, these errors follow the course of the trial throughout the last in order being a criticism of the court for refusing the application for a new trial.

Te brief submitted to the Supreme Court by Charles E. Hughes, Martin W. Littleton, George E. Nichols and James O. Murfin, counsel for Newberry, and the 16 co-defendants, made two distinct attacks on the proceedings at Grand Rapids. The conviction should be reversed, it was contended, because the statute invoked was not supported by any constitutional provision, and because if it should be held constutional, the statute did not cover the alleged overt acts of the defendants.

NO LIMIT ON FRIENDS

The Corrupt Practices act, the defense averred, was drawn to limit the amount a candidate might spend to obtain public office, but not to limit the amount his friends might contribute should they consider the necessity fo rhis election justified extraordinary expense.

The second attack was directed against Judge Clarence W. Sessions, who presided at the trial. Not only was the defense handicapped by the court's ruling in the preliminary proceeding counsel for Newberry averred, but throughout the trial Judge Sessions acted in a manner prejudicial to its interest. Specific criticism was made of the selection of the jury after the talesmen had been questioned regarding the case, the refusal of the prosecution to show a list of its witnesses, and the refusal of the court to permit evidence which, the defense declared, would have conclusively proven fair intent on the aprt of Senator Newberry.

"The court so construed the statute," the brief said, "as to make it a violation for Mr. Newberry to become a candidate if he knew that the campaign would require more than $3,750 to be expended."

From The Charlotte News, May 2, 1921

Elephant Drumming Up Support for Playground, May 1, 1921

Elephant Helps Park Campaign. . . Carnival Pachyderm Carries Children Through Streets Saturday Afternoon

Johnny Jones' "wise" elephant paraded the business section of Charlotte Saturday afternoon bearing upon its broad back a half-dozen school children. From its side hung signs advertising the fact that "He's a wise elephant; he's for playgrounds." The elephant was loaned the playground enthusiasts by Mr. Jones, the carnival man, as an advertising feature for parks and playgrounds.

Later in the afternoon a street-car, loaded to capacity with children, and carrying banners advocating the three-cent tax for parks and playgrounds, covered several of the circuits of the street-car company.

Which attracted the most attention, the elephant or the street-car, could not be determined. The novelty of the former on the streets of the city; and the noise of the children aboard the street-car served to attract the attention of many pedestrians. After parading the streets of the business section, the elephant and his passengers went to Independence Park, where the crowd saw the baseball game between Charlotte and Asheville.

Monday afternoon at 3:30 o'clock 5,000 school children are expected to parade the streets of the city to create interest in parks and playgrounds. Children will assemble South Tryon street and Southern Railway, and at North Tryon and Ninth streets, two processions marching to Independence Square. Columns of eight will divide into columns of four there, each column going in opposite directions on Trade street. In this manner the two main streets will be covered by the marchers. Considerable interest is expected to be created by the parade of school children.

From the Charlotte News, May 1, 1921

Frank Lewis Accused of Binding, Gagging Woman, May 1, 1921

Man Accused of Assault Being Held

The case of Frank Lewis, white of Stallings, who was to have been arraigned Saturday morning before Squire S.S. Stokes on a charge of criminally assaulting a Charlotte woman, has been postponed until Monday morning.

A certificate was presented Saturday morning by Dr. R.M. Gallant, saying that the woman was too nervous to appear in court Saturday.

Lewis was arrested Friday night by Vic Fesperman, deputy sheriff. He is said to have attacked the woman at her home Friday afternoon, after the man had taken lunch at the home, and her husband had returned to work. Lewis was reported to have bound and gagged the woman. F.M. Redd is the defendant's attorney and Col. T.L. Kirkpatrick prosecuting attorney.

From the Charlotte News, May 1, 1921

B.J. Burke, Widely Traveled Pullman Car Thief, Arrested, May 1, 1921

Suspected Thief Held in Prison. . . Suave Young Man Believed to Have "Worked" Pullman Cars

If persons who have lost valuables while making trips through this section of the South on Pullman sleeping cars will call at the police station, Chief Walter B. Orr may be able to restore some of the lost goods. B.J. Burke, alias Joe Burke, is locked up, suspected of being a prisoner much wanted.

At 2 o'clock Saturday morning Patrolman E.E. Owens, who is an after-midnight officer at the Southern depot, telephone Chief Orr and Detective Pittman at the police station that he thought he had an important man spotted. They went to help him. The arrested Burke, 25 years old, blonde, suave, and well-dressed. He had registered at the New Central and in his room the officers found gold-mounted lorgnettes, gold watches, costly and artistic lady's manicure sets and other articles of a lady's toilet and jewelry.

WIDELY TRAVELED

On the prisoner were found letters signifying he had been in New York, Chicago and other big cities, while other letters indicated he had been following along with several carnival shows recently, one of which played here several weeks ago.

Chief Orr and his detectives believe they have captured one of the slickest Pullman car thieves of the "society" type in the United States. If he proves to be the man they suspect, the officers say he will be "wanted" in many other places. His method, it is said, was to travel Pullman sleeping cars and wait until all passengers had retired and the conductor himself had withdrawn from the car. On the car he would instruct the porter to make up a berth for him while he went forward into a day coach to get his grip. It is alleged that during this operation the prisoner has collected many hundreds of dollars worth of valuables, confining himself mainly to robbing passengers whom he had already carefully spotted and decided were worth robbing.

From the Charlotte News, May 1, 1921

State to Lose Valuable Teachers If It Doesn't Pay Liveable Wage, May 1, 1921

Teaching Out of Favor

Teachers in North Carolina are to be paid, on an average, more this year than they have been getting and so also in other States, but we wonder how the people can expect the teaching profession to hold up so long as the attraction in oter fields is so alluring, chiefly as to salary paid.

It will be possible for some teachers in North Carolina this year to command a salary of $133 per month, which is in the neighborhood of $1100 annually, figured on a nine-months' basis. This is far less than women can make in the business pursuits. As department clerks in Washington, they have been easily commanding $1,300 a year and we know of many young laides in Charlotte who came directly from high school who are getting $2,000 per year and more as stenographers.

While teachers, of course, understand that by custom they are not expected to regard their profession as a money-maker, the issue of making a living must essentially be faced by these young women who are looking for a life vocation. They must be adequately, if not extravagantly paid, in order to hold them as the school house.

We may well reach that conclusion now while it is time to hold on to so many of the capable and well qualified school teachers and at a moment, too, when the business world continues to offer inducements to young college graduates to accept work. We can either prepare to pay them good salaries or we must make up our minds to have inferior classes of teachers. One or the other is inevitable.

From the Charlotte News, May 1, 1921

Churches to Harness Power of Movies, May 1, 1921

Churches and the Movies

Many of the churches of the country are taking the movies, utilizing them for the dissemination of Biblical information, and the idea is not bad. When we recollect that nine-tenths of the impressions that we receive come in through the eye-gate, we are given some basis for understanding not merely the popularity of the motion picture, but its great usefulness and power.

Pictures make an indelible record upon the mind. A great national character once said that he did not care what the newspapers printed about hm if they would not allow caricatures of him to appear. He sensed the acuteness and vastness of visualization. He understood quite well that the printed word leaves the recollection quickly, but that the picture which grips the eye produces a perpetual impression.

The Church has a perfect right, and perhaps, a duty as well, to utilize this great agency for its Christian purposes, for Scriptural enlightenment, for impressing the young with the great characters of Bible times and for fastening in their minds the fundamental facts of the Christian religion. Christ utilized pictures and parables in the unfolding of the story of the gospel and the purpose of His mission and the truths which were thus imparted are exactly those truths that once implanted in the minds of the young, are never erased.

From the editorial page of the Charlotte News, May 1, 1921

North Carolina's Growth in Last Decade in Cities, Towns, Not Farms, 1921

Absorbed by the Cities

Practically the only gain in population shown by Mecklenburg county during the past 10 years has been absorbed either by Charlotte or by the small towns and villages in the country. There has been no real gain in rural population. Some of the townships actually lost as compared with their showing 10 years ago.

There has, perhaps, been about two per cent gain in the number of farmers who are operating in Mecklenburg county as compared with the number thus engaged in 1910, but the growth of the city of Charlotte has been 10 times that great, showing that the absorption of population gains has been in the consuming city and not in the productive county.

We have long held the notion that if this city ever expected to reach the destiny which seems to be carved out for it, the county must be populated along with it. Just so long as the city is growing at the expense of the ruralside, just so long as it goes out and gets the people who are now producing and brings them in as consumers, the development will lack an organized or permanent basis. The county needs farmers who can produce as much as the city can consume just as acutely as the city needs industries.

From the Charlotte News, May 1, 1921