The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-09-09
People Are Horror-StriclSen at the Re-
cent Attempt on the Life
of the President.
ATTORNEY GENERAL TALKS
HE DISCUSSES THE PROBABLE Pun
ISHMENT OF CZOLGOCZ.
Former State Officers Views of An
archy-Others Discuss This
Important Question.

The attempt upon the life Of President
Mckinley has aroused citizens generally 10
the full significance of anarchy IN this
country, and many suggestions are hearu
as to how il may best be suppressed
Whenever mer discuss the attempted as
sassination of Mckinley they always nave
a word to say about the various groups OF
Anarchists in this country.
''You ask what legally be done with
the infamous wretch, CZolgocz, SAID Al
torney General Taylor yesterday Inc
first question presented is, can he be tried
under any federal law?
Not for treason, because treason Is oe-
fined by the United Staes Constitution as
follows: Treason against the United
States shall consist only in levying war
against them or adhering to their enemies
giving them aid and comfort This clause
of the Constitution was very ruby con-
strued by Chief Justice Marshall In lSUf
while sitting as a trial judge In the urea
son trial of Aaron Burr. Marshall In thal
case gave many definitions of treason none
of which is broad enough to include the
crime of Czolgocz The full bench OF the
Supreme Court in the Ballman case like
wise defined treason, and none of the defi-
nitions would include Czolgocz's crime.
Congress has never enacted any law
under any of the constitutional powers
granted to it that covers this offense. 1t Is
a question If Congress has the power to
pass any law covering such crime. L be-
lieve Congress has such power under the
general welfare clause Of the Constitu-
ton, coupled with the clause giving to
Congress. power TO make all laws wmch
into effect the powers vested IN the gov
eminent or any department or ofrcer there-
of. Certainly the opinion OF Chiet Justlce
Marshall in the case OF Mccullough vs.
Maryland is broad enough to uphold a
criminal statute based upon these clauses
of the Constitution.
substantially the English law. which pro-
vides follows: One who forms ana
displays by any overt act or by puoilshl llis;
printing or writing an INTENTION TO XIII
or destroy the King or to do hlm any
bodily harm tending to death or destruc-
ton, mayhem or wounding, shall suffer
There being no federal statute appli-
cable, we must look to the New York law.
The Constitution of New York defines trea-
son against that State just as does the
Constitution of Indiana and each of the
other States, respectively but the IAN
guage is too narrow to compass this
crime Therefore the statute of New York
must be looked TO alone. If the President
should die, this crime would be defined
murder. and could be punished by cleo
IF the President should live, the New
York statute defines this crime as an as
sault in the first degree, it being with an
intent to KILL and the maximum punish
ment for this offense under the New York
law is ten years imprisonment.
Anarchy is not defined by any federal
or New York statute
EX-STATE OFFICERS VIEW.
A former State officer said last night:
anarchists, in organization. profession
and deeds are class of people who are
in bitter antagonism to law and social
order. Law and social order are the foun-
dation upon which rests security to life and
property, well as of peace and social
order. This antagonism has become so
bold and avowed that the line of demarka-
ton is easily drawn, and it's adherents
readily known and classified through the
abundant proofs and evidences afforded in
their publications, and a class they may
be fully known through well organized
detective secret service With their deadly
avowal of hatred, confirmed by repeated
menace 10 life and property, why may not
law lay its hands upon. them when it finds
them and before the deed is commit tied
since the declaration is made in advance
to do it, which underlies their avowed or
ganism. The suggestion of the Journal to
export them to some island, and to there
let them have taste of society without
law and social order is not a bad one.
Under such conditions they could soon
learn the value of social order and IL
might be the cure of the whole tribe. At
ger while they would be in such school"
JOHN S. DUNCAN'S VIEW.
II believe there ought to be a law en-
acted making the holding of opinions
against good government a felony" de-
clared John S. Duncan last night by this
L mean that If it can be proved that an
individual entertains views inimical to the
overnment-regardless of whether he goes
about uttering them or whether he pub
fishes them-he ought to be punished. In
case like the attack made by the self
confessed Anarchist Czolgocz 1 would favor
shutting the fellow up in prison for life
am personally opposed TO capital punish
ment.'
archiStS?" Mr.. Duncan was asked.
Il don't take any stock in that plan at
all, he said emphatically. why should
we go to the expense and trouble of taxi
ing such cattle to some remote place and
maintaining soldiers there to guard them I?
1 would have them locked up where they
could not disseminate their dangerous doc
trines. immediate them from the world.
That would be just as severe punishment
as death would be-"
Mr. Duncan was asked if he thought a
statute such as he suggested would be
constitutional. 81 believe it would" he
said, for think the holding of anarchstic
sentiments is akin to treason il not indeed
actually reasonable"
Beyond question there ought TO be legis-
lation against anarchy" said ]. e McCul-
Tough. Such legislation should provide
severe punishment for teaching of anarchy
or any teaching of the right to take the
lives of men holding public office. | have
no doubt that valid legislation could be
enacted making 1t crime to assault any
public officer or 10 conspire 10 commit
such a crime"
Mr.. Mccullough scouts the idea that
Czlogocz conceived and carried Out the
plan of assassinatiug President Mckinley
without any outside aid Why in the
very nature of things" he said, "a man is
not going up TO another in a crowd of that
kind and shoot MIN down without having
thought about II beforehand and having
read literature or listened 10 speeches adj
vocating such a crime All literature of
that kind ought 10 be suppressed. Ii ought
to be made crime to publish that kind of
literature. 1t seems to me entirely clear
that a crime such as this savors of trea-
son. What a man thinks he is striking at
when he shoots a President is the govern
ment, and 10 attempt TO subvert the gov
eminent is, or course reasonable | would
also advocate the enactment of State laws
against anarchy and the teaching of an
archistc principles"
PUBLIC RECEPTIONS.
a decidedly striking suggestion was made
by Samuel d. Miller. Il think il is high
time that these public receptions at which
every Tom. Dick and Harry can get free
access to the President be stopped" he de-
clared. "Of course under our democratic
ideas of government il will probably take
long time for the people to see that this
is the right plan To- Dursue After All u-bv