Document Type

Response or Comment

Publication Date

1921

Abstract

Senator Newberry of Michigan and sixteen others were convicted in the United States District Court on the charge that they "unlawfully and feloniously did conspire, combine, confederate, and agree together to commit the offense [in the Newberry indictment] on his part of wilfully violating the act of Congress approved June 25, 1910, as amended, by giving, contributing, expending, and using and by causing to be given, contributed, expended and used in procuring his nomination and election at said primary and general elections, a greater sum than the laws of Michigan permitted and above ten thousand dollars," etc. The Act of Congress referred to (c. 392, 36 Stat. 822-824, amended c. 33, 37 Stat. 25-29) commonly known as the Federal Corrupt Practices Act, provides: "No candidate for Representative in Congress or for Senator of the United States shall give, contribute, expend, use, or promise, or cause to be given, contributed, expended, used, or promised, in procuring his nomination and election, any sum, in the aggregate, in excess of the amount which he may lawfully give, contribute, expend, or promise under the laws of the state in which he resides," etc. This Act read in connection with the Michigan statute fixed the maximum sum so allowed to be expended by a candidate for the United States Senate at $3,750. The trial court overruled a demurrer challenging the constitutionality of the Act of Congress.


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