The Washington times., 1901-09-10
THE QUESTION OF PENALTY
Some Legal Opinions Regarding
the Crime Of CzOlgosz.

TIE STiine Gi tEOiSOsZ.
The Power of Congress to Make At
tacLs the President Capita
OEence-C constitutional Points In
volved-Thc Views of Judge Dillon
NEW YORK, Sept. 9.-In discussing to-
day the status under the law of LeoT
Czolgosz, the would-be assassin of Presi
dent Mckinley, ex-Judge John F. Dillor
took the ground that Congress has tht
power to make such an offence as his a
capital crime. although other lawyers
eminent in criminal law declare that such
legislation would work one of the most
radical changes ever made in the law in
this country.
1t has been contended that constitu-
tional amendment would be necessary be-
fore change in the law could be made
whereby one citizen of the United States
is set apart and differentiated. as it We're.
from all others, since the principle lying
at the very base of the American system
of government is that all men are equal
under the law. Judge Dillon's standing
an authority on constitutional and
general law gives great weight to his
opinion.
Concerning the punishment which can
be meted out to Gzolgosz under existing
law, there is little difference of opinion
among lawyers. There is no equity side
TO the case. In other words, the attack
made on the President is a crime, but no
greater and no less a crime than an at
tack made by any man on any other man
Criminal law defines the crime and fixes
the penalty; it is for jury to determine
only the facts.
Judge Dillon's opinion is as follows:
Legislation adapted to this and similar
cases, making attempt to assassinate
the President, the Vice President ard pos
sibly any of the heads of the departments,
though unsuccessful. capital offence,
which / think ought to be done, n ust
come from Congress. Such offences With
II gard to the head of a nation in almost
every other country than this would be
treason and punishable capitally
But under the Constitution of the
United States treason is defined to consist
only in levying, that is, making war,
against the United States, which implies
an assembIage of men organized forcibly
TO overturn the Government or to resist
its authority, or to give aid and comfort
to the enemies of the United States, which
implies a state of war. Therefore the at
tempt to assassinate, or even the assas-
sination of the President, could not be
punished as treason.
But nothing stands in the way of Con-
gress making the assassination of, or at
tempt to assassinate. the President cap
ital offence, punishable in the Federal
tribunal, which l think ought TO be done.
1t could not, OF course, be made retroac-
tive to cover previous offence Of this
kind
Judge Roger a. Pryor. who. prior to his
elevation to the bench, some twelve years
ago, ranked as one of the ablest criminal
lawyers in the country, pointed out some
of the dangers in the amendment suggest
ed by Judge Dillon. In discussing the
opinion gwen above, he said:
In Judge Dillons statements of the
law as 1t exists. / entirely concur. His
suggested amendments of the law are of
too great gravity and difficulty to be dis
posed of out of hand. 1t is question
which | prefer to consider more deliber-
ately whether in the definition of punish
ments a discrimination should be made
between a private citizen and a public
officer. All legislation projected Upder the
stimulus of popular passion is apt to be
miscnieVous.
Where would you draw the line be-
tween the man and the official? If you
have a law for the President. why not for
the Cabinet officers? And If for these, why
not for subordinate officials-clerks in the
departments at Washington or elsewhere
or all Government officials? The injury
done the United States as a nation by
the assination OF its President is un-
doubtedly very great. but, so far as the
principle goes. the nation suffers injury of
q similar kind, though. of course, much
less in degree, by a similar crime COM
mittcd against other officials. The law
must deal with principles and it would
be hard to draw the line"
General Pryor, in association with Gen,
Benjamin Butler and John Randolph
Tucker, appeared as counsel for Spies,
the Chicago anarchist, when the latter
had been convicted in an Illinois court
and appealed to the Supreme Court of the
United States. Discussing the legal as |
poets of the Czolgosz case today, he said:
THE decision of the Supreme Court in |
the Spies appeal was a very sweeping |
one, and it has a direct bearing on the |
present case. ] haven't the least doubt |
that il Emma Goldman said one-half the |
things she is reported to have said about |
killing rulers, and particularly the Presi- |
dent of the United States she could be |
tried as an accessory to the crime, and, |
II Mr.. Mckinley dies. could be made to |
suffer capital punishment. That is the |
lsw as laid down by the Supreme Court
In all my experience, both on and off
the bench. the Czolgosz case is the most |
re emarkable one i ever knew II seems |
to be clearly established that he is a Jew. |
] have never known a Jew to be charged
with murder. Look over the calendars |
of the courts any day and you will find |
Jews charged with various kinds of of |
fences, but very seldom with what law
yers call crimes of violence. and never, |
in my experience. with murder.
Il am inclined to agree with Senator |
Platt that a case like this calls for lynch |
law. While l do not advocate violence,
1t almost seems that it is iustifiable under |
such circumstances. Should the Presi-
dent die, his assassin will have a lengthy |
and hard-fought trial. with elaborate ar
guments. forensic display ad nauseam, |
and a resort to every possible and some |
impossible eXpedlents by his counsel |
Supported by the fame which he believes /
he has brought upon himself. CzolgosZ |
viii die game. and the very object of the |
law. which is to iniiict punishment for |
the purpose Of deterring crime, would be |
defeated.
How much better It would have been |
If CzolgOsZ had been torn limb from limb |
the moment after he committed the |
crime, How much better would the pur- |
pose of the law have been served by such /
summary punishment Is meted out to |
4 mad dog or a venomous snakel I do |
not wish to be understood as advocating /
lynch law. but this seems to be one Of the |
cases when II would be justified, if it !
ever IS"
RECOGNITION FOR PARKER,