The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-09-14

the no wornout theory that the object punishment
vengeance As preventive would be useless for the
simple reason that every anarchist who plans such
assassination expects nothing but death He hopes to sue
coed and any event he knows he Of capture.
Even if We mark horror of attacks upon the
president by imposing the death penalty every
shall merely satisfy feelings. without making the
least Roadway in checking the crime.
In regard to incendary talk, already have, in
New York state least. which has invoked
several times with salutsry effect Section 451 Of the
penal code, entitled Unlawful Assemblages" reads:
Whenever three OF more persons assemble with in
tent to commit unlawful act by force assemble
with intent to out purpose in such manned as
to disturb the public being assembled attempt
or threaten any act tending toward breach of the
peace or any injury to person property unlawful
act such assembly unlawful every person par
cpang therein by his presence aid instgation is
guilty of ;sdemeanor But this section shall not be so
construed prevent the peacabe assembling of per
sons for lawful purposes Of protest or petition"
According to the code misdemeanor is punish
able by imprisonment in penitentiary county jail for
not than one year, by fine OF not than
$780, by both" Under this law John Most and Emma
Goldman have served terms in the pententiary.
One proposition, which been urged by the Bos-
ton Herald is general law to send the anarchist to the
lunatc asylum instead of to jail the anarchist really
be lunatic there is difficulty whatever about send
ing him the asylum under the present law II he be
can be framed under which the editor of the Boston
Herald would be safe. law which should declare anar
cists communists Christian scientists any other
OF citizens insane. could be enacted except by
legislature Of lunatcs.
The only possible change in the present law is to make
the crime Of ncendiary felony rather than misdemean
or-hat is punishable by long Imprisonment or
death In the heat of the present excitement the death
penalty has been proposed but public opinion, sober
second thought would reject such an amendment as likely
and strengthen their cause rather than weaken The
plan Of frightening the term of Imprisonment beyond
year is feasible. Even here, however, the
risk of imposing too penalty and thus losing
more than gain. Such amendment should pass
present excitement has subsidized the subject has
been fully discussed the experience of other countries
carefully considered and every safeguard provided for
sonabe freedom of speech With such precautions. it
might be well to allow the judge extend the sentence
in atrocious cases.
Judcous enforcement of the present law then and an
amendment declaring incendary talk felony instead
msdemeanor, really exhaust our resources in dealing
with the oenses Of anarchists who already
in the United States.
BY the present law prohibit the immigration to
this country Of persons who have been convicted of
felony other infamous crime msdemeanor involving
moral turpitude effort to close our doors to all an
archists meets with Of the difficulties that
attend movement to visit any other punishment upon
them class One bill for this purpose has already
exclude the philosophical anarchist theory
private opinion and abhors use FORGIVE can
not detect him. and even we could he particularly
dangerous Then, too must bear in mind that his
anarchsm fostered in many by Russian Gespotism
is likely aside forgotten when he breathes
the free air of the republic
Under the present law We can already keep out all
who have been convicted of violence or instigating it
The only class therefore for which new law is
made up Of instgators Of violence who have not been de
tected captured in Europe can hardly go to the
length of excluding them mere heresay or suspicion
hue if want anything like legal evidence we must
maintain in Europe detective and police force superior
to that maintained by the European governments which
are more than to convict an an
archist Nor trampe traditions century
and quarter by sending back of high character
and aims who political refugees In short we shall
find it beyond power much more than enforce
the present law.
We are reduced therefore, to the conclusion that our
most effective legal remedy engthen the term of
imprisonment for ncendiary talk surely no one can
hope for very large results from such step The truth
is the trouble lies beyond the reach law We may pile
up enactments until statute books be counted
we may burn anarchists at the stake boil them oil;
but while have murder IN their hearts they will
shoot and stab We may put triple guard around our
president but they whose feet swift to shed innocent
blood viii dodge the sentnels The risk Of assassination
may be somewhat reduced by restricting the traditional
freedom Of approach to the chief magistrate but cannot
be thus eliminated Our chief reliance the future as
in the past be allow freedom Of speech to
beware of intensyng passion by unwse repression Of
mere talk to oppose steadily every outbreak of the mob
in north south to strengthen common schools to
maintain strong and just government teach every
man that his rights and privileges are absolutely depend
ent its preservation concludes the Evening Post
Several papers have claimed that the weapon used by
Czogosz was twobarrel affair Of the derrnger type It
was revolver.
That SamQson-Schley court Washington opened
with seventeen guns 1t ought 10 be completely opened
after that.