The sun., 1902-02-23
PHILIPPINE SEDIYION Law.
INFORMATION FOR SENATOR'S
WHO DENOUNCED 1T.
II Is Almost Identical with the Existing
Laws OF the United states. and with
the Laws OF Tennessee, West virginia.
Maryland. New Jersey and virginia.


| Maryland. New Jersey and virginia.
WASHINGTON, Feb. 21-The recent de-
| nunciation In the Senate OF the Philippine
Scdition law. has resulted In the prepar-
alton at the War Department Of a state
ment making a comparison bc,ween ex-
isting laws in the United States and the
treason act Of the Philippines Commission.
| The statement was prepared by Judge
Charles f. Magoon. law officer Of the Insu-
lar Division OF the War Department, at
the request OF Senator Foraker. Judge
Magoon takes each section Of the Phil
| ippines law and place in a parallal coll
umn the sections from the revised statute
| of the United States OF which they form
| a counterpart. Section I OF the Philip
| pine act In almost identical with Sections
| 1891 and 5332 OF the Revised Statutes. Sec
tion provides a penalty for persons hav-
Ing knowledge OF reasonable intentions
who conceals such information. Section
5333 OF the revised statutes makes a similar
| provision. Sections 8 and 4 are almost
| verbatim copies Of sections 1894 and $3.50.
| Sections and are reenactments. with
| modified penalties, OF articles 296 and 237
| OF the reform penal code Of Spain, In force
In the Philippines at the time Of the trans
| fer Of sovereignty. They correspond In
effect with sections $780, 6S9s. $500, 5407,
| 55ls, 550s and 5519 of the revised statutes.
| For brevity these two sections are excel
lent examples Of what could be accom-
plished in the codifcation OF the laws OF
the United States They are as follows:
Soc. s. All persons who rise publicly
and tumultuously In order to attain by forco
, or outside OF legal methods any OF the follow
Ing objects are guilty OF sedition:
~ To prevent the PRONUNCIATION or
execution OF any law or the FREQ olding
OF any popular election.
a. To prevent the insular government
or any provincial or municipal governm ent
| or anv public Official from freely exercising
its or his duties or the due execution OF any
judicial or administrative order.
t3l To inflict any act OF hato or reverg .
upon the person or property OF any official
or agent OF the insular government or Of =
provincial or municipal government.
a. To infict. with a political or social
object. any act OF hate or revenge upon m
diyiduals or upon any class OF individuals
In the islands.
49, TO despotl. with a political or social
object. any class OF persons. natural or arti-
1cal. a municipality, a province. or the insular
government or the government Of the United
States or any part OF its property.
Ctt. o. hHy ptINOh kulliy VI tfuill On
as defined In Sec. s hereof shall be punish ed
by a fine not exceeding 5000 and by I'm pris-
onment not exceeding ten years. or both.
Section Of the Philippine act has been
cited by. several Senators as an effort to
suppress free speech. This section says:
Every person who shall utter seditious
words or speeches. write. publish or circulate
scurrilous libels against the Government
OF the United States or the insu lar govern
ment OF the Philippine Islands OF which tend
to disturb or obstruct any Lawful officer IN
executing his Office. or which tend To instigate
others TO cabal or meet together for unla awful
purposes. or which suggest or inclte re belious
conspiracies or riots or which tend to stir
uD the people against the lawful authorities
or 20 disturb the peace OF the community. the
safety and order OF the government. or who
shah knowingly conceal such evil practices.
shall be punished by line not exceedn Y
o.. 900 or by imprisonment not exceeding
two years. or both. In the discretion OF tn .
court.
There Is no doubt that this section was
drafted by yice-Gov. Luke L. Wright.
who formerly practised law Ia Tennessee
Being more familiar with the statutes Of
that State than other members Of the COM
mission, he adopted the language employed
by the Tennessee Legislature, which Judge
Magoon quotes as follows TO show the
similarity
| uttering seditious words OF speeches, spread
ing abroad false news, writing or dispensing
scurrilous lbels against the State or General
Government. disturbing or obstructing any
lawful officer In executing his Office. or OF
| instigatlng others 10 cabal and meet to-
| gether, to contrive. invent. suggest or incite
| rebellious conspiracies. riots. OF any manner
| OF unlawful feud or differences, thereby
| TO stir people up maciously to contrive
the ruin and destruction OF the peace, safety
| and order Of the Government. or shall know
| ingly conceal such evil practices. shall be
by imprisonment not exceeding two years
| or both In the discretion OF the court
The Penal Code Of West Virginia declares
as follows:
Sec II any person sh9ll attemp, 70
Justify or uphold an armed Invasion OF this
State or an organized insurrection therein
| by speaking. writing or printing. or by pub
document. or in any other way. whatever,
during the continuance OF such invasion
or insurrsction. he shall be Gncd net es:;
| exceeding twelve months
Sections and 10 OF the Philippine law
say:
| Sec. o. All person. who shall meet together
or ,he en PuspTst Sgst soceIv nr wbo sbaI seHr
| the passage OF this act continue membership
in a society, already formed having for il:
object, In whole or In part. the prom otion OF
treason. rebellion OF sodition. or the pro
mitigation of any political opinion or policy,
shall be punished by fine not exceeding
81 900 or by Imprisonment not exceeding
| Sec. 10 Untll IL has been or'cially pro-
claimed that a state OF war or insurrcctlon
| against the authority or sovereignty Of the
| United States no longer exists in the Philip
| pine Islands IL shall be unlawful for any
| person to advocate orally. or by writing or
| printing or like methods. the Independence
| OF the Philippine Islands OF their separation
| from the nitsd Statee. whether by ponce
| able OF forcible means, or TO print. publish,
| or circulate any handful, newspaper, or other
publication advocating such independence
or separation.
Any person violating the provisions Of this
section shall be punished by a fine Of not
exceeding 5000 and Imprisonment not eK-
ceeding one year.
Section is similar the laws OF Mary
land, Kansas. and Florida. Section 10,
which has been denounced as unconstitu-
tional embodies the features OF Section
1885 OF the Revised Statutes. Section 267
of the laws Of Maryland; section 4, chapter
on crimes, statutes Of New Jersey: section
1858, Penal Code OF Virginia. Section $685.
Revised Statutes says:
Every citizen OF the United States. whether
actually resident or abiding within the same
or In any foreign country, who, without the
permission or authority OF the Government
directly or indirectly commences OF carri's
on any verbal or written CORES nondcnce or
intercourse with any foreign Government.
or any officer or agent thereof, with an In