Show RULINGS OF WILSON VOID LEVER ACT Charles Evans Hughes Contends Contends Con Con- tends Coal Coat Regulations Supersede Law Indianapolis May lay a S. S S. S Rules promulgated promulgated gated sated b by President Wilson made t tie the e eLev Lev Lever r net act Inoperative in the fuel In Indus Industry us- us tr try Charles l Evans lans ans Hughes declared in the United States district court here today toda- Mr Hu Hughes hes who Is acting as special counsel for tor members of or the United Mine lIne Workers of America charged with conspiracy to to violate the thc Lever Lc act continued his argument In support of or a motion filed riled yesterday to quash tho the tho Indictment against his Ilis clients Mine operators also are under indictment indict Indict- ment meat on tho the same charge The President promulgated rules under under un un- un- un der tho provisions pro of ot section 25 of or the thc Lever act In regulation of or tho the fuel luel In Industry industry In- In which superseded tho the general provisions of or the tho law Mr Hughes de de- de- de dared 4 With the promulgation of these regulations regulations reg rel- the tho President took complete possession of ot the fuel ruel industry and no Jury jur could define what hat might be reasonable rea rca or unreasonable in respect to tho the conduct of oC the tho industry Mr lr H Hughes said In summing his argument Mr Hughes pointed out that counts of thc the Indictment drawn under section 4 of the Lever act as could not stand b because cause section 4 provided no penalty Ho He further said counts drawn under the amended section t could not stand tand because luSO the thc amended section was class legislation and therefore unconstitutional Section 9 of the tho act ho be pointed out had been repealed October October Octo Octo- ber 2 22 1919 and therefore was not operative after that date to sustain tho the counts drawn under it Mr Ir Sims representing the thc government govern govern- ment mont held that tho tIme Presidents President's rules I IdId did not supersede the general provIsions provisIons provisions provis provIs- ions of or the tho Lever act acts As s to class legIslation legislation leg lel- he declared there was no constitutional constitutional con con- inhibition against the tho passage pass pass- ago age of ot class legislation les in section 5 of or orI the constitution as it related to duo I process of oC law |