The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-08
CZOLGOsZ's PUNISHMENT.
Views of Acting Attorney e on
Scope OF the Law.

WASHINGTON, Sept. THE law Of
fcers of the government feel there is little
assistance the federal law branch can give
in prosecuting the man who shot Presi-
dent Mckinley. 1t was stated to-day by a
leading official tha the federal laws made
no provision for assaults upon the Presi-
dent, the latter being only a citizen in the
eyes Of the federal law. The old seditlon
laws made it a serious offense to attack a
government official on the theory that it
was An injury to the country as well as to
the individual. But these laws have long
ago been swept away.
When questioned as to what punishment
the federal statutes provided for the at
tempt on the Presidents life, acting Attor-
ney General Beck said to-day: while 1
have not given any special examination to
the federal statutes bearing on the subject,
yet / know of no statute which makes it a
criminal offenSe to attempt the life of the
President. That there ought to be such
legislation is prefectly clear. There are
statutes which make punishable personal
violence TO minor officials, such as internal
revenue agents, but 1t is passing. strange
that Notwithstanding the fact that two
Presidents ave been assassinated and at
tempts have been made upon the lives of
two more, no law has ever been passed TO
place an attempt on the life of the PreSi-
dent on the same plane as high treason.
w mere Sucn attempt mad no reference TO
the presidential Office and was committed
within the territorial limits of q State,
there might be some question as TO the
power of Congress 10 legislate, but when
it is clear that an attempt has been made,
not only On the individual, but on the
President for the purpose of promoting
anarchy and thus subverting. the govern
ment the right of the federal government
TO protect its chief executive seems too
clear for question. If the President should
be spared TO the American people it is to
be feared that the assassin can be con-
victed of no higher crime than an assault
with intent to kill. Having regard for the
immense consequences which follow the
assassination OF a President an attempt
upon his life, whether successful or I'M
successful ought, in my judgment, be
punishable as high treason with death"
When asked as to whether there were
any federal laws by which Anarchists
depOrted If they were here. Mr.. Beck re-
piled: Il know of no federal statute which
prevents Anarchists as such from entering
this country and remaining here. If he is
an alien and has been convicted of any
infamous crime or falls with in any other
prOhibitOry feature Of the immigration
statutes he can be excluded, but there is
no statute which excludes him as an An
archist. The power of Congress to ex-
clude Anarchists when aliens is undOubted
for in the Chinese exclusion cases the Su-
preme Court held that the power of the
government was plenary to absolutely ex-
clude all aliens, even though such exclusion
contiicted with existing treaties, and the
power TO exclude carries with ii the power
to depOrt an alien for any reason which
cOmmends Itself TO the judgment of Con-
gress. The executive department of the
government is powerless to act without the
authority Of Congress"
Speaking of the attempted assassination
Mr.. Beck said: 1T is appalling. No one
has enjoyed to a greater extent the pro-
found respect and confidence OF citizens
without regard to party than President Nc
Kinley."