The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-01
Anarchists and the Law.


In 1902 the Legislature added five
sections to the Penal Code, intending to
prevent the propagation Of criminal
anarchy" in New York State. Criminal
anarchy" was defined as ~the doctrine
that organized government should be
overthrow by force or violence, or by
assassination of the executive head, or
of any of the executive officials of gov
eminent, or by any unlawful means, y
and the advocacy of such doctrine
either by word of mouth or by writing
was declared to be a felony, punishable
by Imprisonment for ten years or a fine
of s 5000, or both. The arrests of an
archists made by the police in this city
this week were ordered under the section
of the law which provides that any per-
son is guilty Of advocacy of criminal
anarchy who:
Openly. deliberately. and wIlfuIly justInes by
word Of mouth or writing the assassination or I'M
lawful killing or Assaultlng Of any executive or
other ofncer Of the United States or OF any State,
or OF any civilized nation having an organized
government. because Of his onncial character. or
any other crime. with intent TO teach, spread or
advocate the ~proprety OF the doctrines Of Grim
lnal anarchy; or
Organizes or helps to organize or becomes a
member OF or voluntarily assemblies with any
society. group or assembly Of persons formed TO
teach or advocate such doctrine"
The law also provides that whenever
two or more persons assemble" to advo-
cate or teach the doctrines of criminal
anarchy, the assembly is unlawful, and
every person voluntarily in attendance
shall be liable to the punishments pre-
scribed for advocacy of criminal an
archy. 1t is further provided that every
person knowingly allowing an assem-
blage of criminal anarchists in a room
under his control shall be guilty Of a
misdemeanor, punishable by imprison-
ment for two years or a fine OF $1,000,
or both.
This law was not on the statute books
when JOHN MOST was prosecuted in
October, 1901, for the publication in his
newspaper, Freiheit, Of an incendiary
extract, quoted from an article written
fifty years before. MosT was prose-
cuted under Section 675 of the code in the
Court of Special Sessions, and the court
held that:
The teachings Of the doctrines OF anarchy
seriously disturb or endanger the public peace
and also openly outrage public decency,' and
come under Section 675 Of the Penal Code. To give
this construction TO the law In no way abTidges the
liberty Of conscience In matters OF religion. nor the
freedom OF speech on all questions OF government
or social life. nor does II In any way trespass upon
the proper freedom OF the press"
Most was convicted of a misdemeanor,
Section 075 being an omnibus provision
designed to Owe all improper acts not
enumerated in the code. He vas SEN
fenced to a years Imprisonment in the
p~enitentiary on Blaokwell's Island. His
lawyers appealed and the conviction
was affirmed by the Appellate Division
of the Supreme Court six montha later,
and MosT spent ten months in Jail.
The new law was enacted to meet the
public demand for more vigorous re-
preston Of anarchy which grew out Of
the assassination Of President MCKIN-
LEY. It illustrates the difficulty law
makers in countries having constitutional
governments encounter in attempting
TO meet situations arising from the abuse
of the right Of free political discussion.
Tho purpose OF the Legislature was not