The San Francisco call., 1901-10-10
ANTI-ANARCHIsT LAWS.

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! and the propositions for treating anarchy that
L made when the President was struck down
are being subjected to deliberate analysis In
this calmer temper there is no doubt that some laws
on the subject will be framed and passed by Con-
gress. These must naturally relate to closer exami-
nation of immigration. Foreign countries are rather
glad to get rid of their violent and dsordery people
and to bestow them upon us problem. There
may we'll be some doubt about such Governments
giving much assistance in securing the record of
known anarchists who desire to migrate to this
try. Perhaps will be found necessary to compel
all immigrants to be certifcated by the American
Consul at the port OF departure. That official may
be charged to thoroughly examine each applicant for
certificate, taking all the time that is necessary. 1t
may be said that this will work hardship to the in
tending immigrant but that is not affair. Our
duty spare this country the hardship OF receiving
the sworn enemies of all law and all government
Such immigration regulation will give time to
look over our home stock of anarchists and deter
mine what to do with them.
In that part of the work Congress is checked by
constitutional limitations which do not apply to the
States. Congress may exercise only the powers
granted by the constitution while the States may
exercise all powers rot forbidden to them by the
constitution. The States, therefore, may define the
limits of free speech ard free press and may make
misdemeanor felony OF upon which Congress
may not legslate at ALL
What may be done by the States was outlined in
the trial of the Haymaret anarchist asassins in Chi
cago. When their cases were appealed to the Su-
preme Court of Illinois Chief Justice Magruder in
passing upon them, said: eff combine together
as conspirators to accomplish unlawful purpose,
the overthrow of society and government and law,
led bv hem "a nd
means to an end to print and speak in order ncite
others to tumult and riot and murder those who ad-
wise nstgate the others to violence will be held
responsible for the murder that may result from their
aid and encouragement He who nf1ames peoples
minds and induces them by violent to accom-
plish an illegal object is himself rioter, though he
takes no part in the riot If he wake into action
indiscrin1inate power he is responsible If he give
directions, vaguely and incautiously and the person
receiving them act according to what he might have
foreseen would be the understanding, he is respon-
sible 1t make difference whether the mind
is affected by inflammatory words addressed to the
reader through the newspaper organ OF society to
which he belongs, or to the hearers through the
spoken words of an orator to whom he looks up as
a representative of his particular class"
In the case of the People against Banks, in Kan
sas, there was involved statute providing for the
punishment of newspaper devoted to the pubica-
ton of scandals and accounts OF lecherous and i'm
moral conduct The court said: ''We entertain no
doubt that the Legislature has power to suppress
this class Of publication without in any manner vio-
latng the liberty of the press"
In the State vs. Merrill the Arkansas Supreme
Court said ANY citizen has the right to publish the
OF court and if he deem it necessary
for the public good, to comment them freely and
to The Of he T1d0 for
their stations, but he has no right to attempt by
publications to degrade the tribunal de-
stroy public confidence in it, and dispose the COM
munity to disregard and set at naught its ORDERS
judgments and DEGREES Such publications are an
abuse of the liberty of the press, and tend to sap the
very foundations of good order and we'll being in
society The liberty of the press is thing and
licentous scandal is another"
These three decisions considerably illuminate the
pathway of State legislation. They do not go to
the prohibition of any publication, but to the en-
forcement OF responsibility for abuse of the right to
publish
They also cast strong light upon the abuses with
which the public has become familiar in the Hearst
papers. When they published the hope that the
United States Supreme Court Justices would be
tarred and feathered in the streets OF Washington"
they bringing that tribunal into contempt and
d1srespect When they ADVISED every man that it was
his duty to make every around him discontented
they assaing public order. When they declared
that anarchy would teach the country useful lesson
they were attacking the foundations of law and gov
ernment
The sober second thought of the people is quite
likely to demand of State Legislatures some action
in line with these judicial interpretations of the power
Of the States, and result there will be less incte-
ment to disorder and fewer appeals to passion to
commit such crimes as the murder of the President
1t may not be strictly true that fool is born everv