The sun., 1894-12-28
The Extraordinary Law Proposed for
Germany.

Germany.
There Is one feature Of the projected re-
pressive laws, ostensibly aimed against the
Socialists alone, which even the agrarian
Conservatives must regard with deep mis-
giving, which the Clericals can be per-
suaded TO accept only by q heavy bribe, and
which the Radicals must oppose as vehe-
mently as will the Socialists themselves.
We refer to the so-called India-rubber
clause, whereby any subject Of the German
| empire who, in speech or In print, whether
sober or drunk, when addressing a public
assembly or talking in a political or literary
club, condemns monarchy, marriage, the
family, or the institution OF property, is
liable to be arrested, brought before a
magistrate, and punished as for a criminal
act. Nor is the issue Of fact to be deter
mined by jury. 1t is the magistrate, or,
in graver cases, the Judge, who will decide
summarily whether the law has been broken,
and what penalty shall be inflicted.
We have said that even Conservative
landowners cannot regard the concession
Of such powers with equanimity. The
proof Is that during the agrarian agitation
In East Prussia, an agitation rebuked by
WILLIAM H. In his speech at Konigsberg,
the defenders Of agricultural interests did
not hesitate to reproach the Emperor for
signing free-trade treaties, or to attack the
institution Of property as personified in the
Jews who make usurious loans As for the
Clericals, the sympathy of their rank and
file in certain districts with modified forms
of the Socialist view of property, has been
repeatedly exhibited and although their
-. loI-
over by recall Of the Jesuits to Ger
many, It is doubtful whether the Gov
ernment could secure the fulfilment of an
agreement to that effect from the Bundes-
rath, or Federal Council. Then again, not
a few of the Radicals, who follow Herr
RICHTER, have expressed theoretical pref
erence for a republican over monarchical
government, and avowedly support the pres
ent regime from the point Of view of ex-
pediency or opportunism. II the proposed
law is passed, these Radicals must abjure
their theories under penalty of being sent
to jail They must be careful, Also not to
say, In public or private, that children ought
to be Independent of parents, or parents of
children. beyond the limits prescribed by
existing laws.
As for the Christian Socialists, 1t is obvi-
GUS that as Socialists they would be COM
pletely muzzled. The same thing would be
true Of any German who should believe in
Mr.. HENRY GEORGES plan for the national
ization Of land, or who should desire any
change In the present laws affecting usury
Indeed, II one considers the comprehensive
and elastic nature of the subjects which
the contemplated legislation would render
IN . thakt tk La,
Germans would be left free to discuss would
be the existence Of GOD, the divinity OF
CHRIST, and the question of a religious
foundation for the moral law. These latter
topics are manifestly, in the judgment Of
the Kaiser and his Chancellor, much less
sacred and momentous than the interests of
the monarchy and the rights of property.
1t is plain enough that this monstrous
India-rubber clause, the purpose OF which is
to choke freedom OF speech in Germany,
and thereby paralyze the discussion which
should precede every change in legislation.
entirely fails to recognize the broad and
fundamental distinction between the ex-
position OF abstract ideas and direct incita-
tion TO attacks upon personal and property
rights. IL represents long step backward
from the ground taken by JOHN MILTON
In his Areopagitica; Let truth and false
hood grapple; so truth be in the field, we
do injuriously to misdoubt her strength"