The record-union., 1893-03-31
JUDGE GARY ON ANARCHIsM AND
THE LAW.

Judge Gary, who presided at the trial
of the Chicago anarchists, in paper in
the Century Magazine" takes the broad
ground that 'Words are deeds and may
in saying: "All free governments, what
ever their name, are in reality govern
ments by public opinion. and it is on the
quality of this public opinion that their
prosperity depends" The Judge holds
that the facts in the Chicago cases show
that not only philosophically. but legally,
words are deeds. and that for words lead
ing to crime man must suffer the ex-
treme penalty of the law.
That in a large sense this is true is un-
doubted, but the danger of limiting free
speech is one that cannot be invited with
out grave consideration. The ordinary
criminal laws being found equal to meet
ing all assaults upon life, property and
government, shall we venture upon
limitations of speech that is inflammatory
anu may lAiSAAhO W lIS IhSSAQIdIN II
we do that shall we not place in the hand
of power our most cherished liberties?
There is of course much to be said for
restraint upon words; it is exercised
now, and always has been, against advis-
ing to crime, melting to lawlessness and
conspiring to do the unlawful and to in
a. lst
can we afford to go? Shall we make it
the Office of any but the courts and pro-
cedure before them to determine what are
words that become deeds. and thus equip
force with authority that may become
tyrannous?
While we do not understand Judge
Gary as advocating this, it is a fact that a
great many people do that they deem
species of censorship by police control as
wise, and not inharmonious with a sys-
tenn of free government. But the broader
and better belief of patriots and states
men is that perfect freedom to the an
archist to preach his fanatical and fam
tastic doctrines upon the highway, sub
iect only to the criminal laws which are
for all alike, is actually to disarm the
anarchist-at least, to render HIM less
harmful.
However, returning to Judge Gary's
paper, which is distinguished by deep
feeling and ardent patriotism, we cannot
resist the temptation to reproduce a few
lines of appeal to reason and of exposi-
ton of the law relating to combinations
to exercise unlawful force:
Brought up myself to manual labor, it never
ceases 10 seem strange to me that there are
not virtue and strength enough vested any,
where to protect from mob violence and as
sault a humble peaceable Citizen obedient to
all law and blamelesS in his life, in his efforts
/ to earn for himself and those dependent upon
him a livelihood by honest industry; or if he
/ be wroneed through loophole in that pro-
lection, TO avenge his wrongs. l spent the
| summer of 1910 at a carpenters bench bv
! day and singing campaign songs by night
/ would as readily have fought for the right TO
/ do the one as the other. Hopeless as it may
/ be 10 write the warning, yet ii should be made
( so clear that nobody could be ignorant that
the law is, that if men enter into q coInbina-
] ton which contemplates for the success of its
purpose the exercise OF unlawful force against
] the property or the persons OF other men, and
killing is done by any OF the men in the COM
| binatton, in pursuance of the plan upon,