Wheeling majority. [volume] (Wheeling, W. Va.) 1907-192?, 1910-06-16
Revival Of SeditioIs Libel.
ySSSSSSSSSsSYvsvH
BY a Legal Expell

century. To the superficial observer
| it will seem as thought it were only a
matter of a few more inhabitants iii
penitentiary: but to the more though
full ones it will be apparent that a pre-
cedent will be established which may
terminate the right of all intellectual
portray the coming events somewhat
at length, so that all can see the con-
sequence of a seemingly harmless anG
ordinary occurrence.
F Recently o. H. McCarty and four
others have been arrested, and are now
| waiting trial on charge of s'sedi-
| tious libel" This man and his friends
are all Socialists, and have been con
Quoting a little weekly paper at New
Castle, Pa, called the Free Press,
which is given away to the number of
| ten or twelve thousand copies of each
/ issue. It has been thus conducted for
something over two years past and as
a means Of promoting Socialist theor-
| les: 1t has been edited with great
vfgor and at great sacrifice to those
concerned, though not always with
great wisdom of even discretion. Re
Gently some strikes were in existence
| by the employees of the American
Sheet and Tin Plate Company, which,
1 believe, is branch of the steel trust.
During the strike the usual disorder
and acrimony was in evidence. OF
| course, these Socialists were vigorous
| defenders of the strikers. AS result
some of them are now serving jail
sentences for not having complied with
/ the Pennsylvania act requiring publi-
city concerning publishers.
When this did not accomplish thu
desired suppression Of this Socialist
publication an arrest followed on the
charge of "seditious libel" based upon
number of editorials in the paper
which are quoted in the information,
and it is alleged are I'm contempt ct
the Constitution and laws of the
United States, of this commonwealth
(of Pennsylvania and of it's instltu-
tons. agents, officers and constitute
employees, appointed for the admins
! tration of said government, with the
evil example to all others and against
the peace and dignity of this common
wealth (of Pennsylvania.
1t is not claimed that the offending
| editorials are a violation of any stat
ute of Pennsylvania. The criminal
charge is brought on the theory that
1.-THE old common law as to libel (sedt-
tious and blasphemous) which orlg'-
mated in the usurpation of the 1nfam-
GUS "Star Chamber court, is still III
force in Pennsylvania, notWithstand
ling several constitutional guarantees
including that of freedom of speech
and of the press, which are popularity
supposed to have abrogated the COM
mon law crime of seditious libel.
Unfortunately there is disposition
among some to treat this made of
prosecution with levity, because to
them it seems very preposterous to as
slrme that any modern court would en-
force the old common law crime which
prohibits all criticism of government.
| 1t is under similar theory Of the
/ law that the publisheds of the New
| York World and Cincinnati Enquirer
were indicted for libel against the
l Constitution. and government of the
United States. Unfortunately, In thar
case the chief point at issue In the
disposition of the case, and upon which
the prosecution failed, was whether or
not a publisher could be indicted in
place other than the initial place OF
publication, and thus compelled to sub
NIT to trial hundreds or thousands OF
miles away fro mthe scene of his Of
Tending activities. The court made no
final determination of the question as
| to whether or not our American constl :
tuition precludes punishment for sedi-
| tious libel as common law offence.
| Unfortunately, in Pennsylvania there
is some old precedent which seemingly
holds the common law as to libel 70
be in force there. Evidently this pre-
cedent was established without AIDE
quate opposing argument, only bare
reference to the Constitution having
been made. This precedent came into
existence during the same strenuous
time which brought the Infamous alien
| and sedition laws, which Jefferson 81
vigorously denounced. If that old
Pennsylvania precedent, of 1903, shall
be followed in the case of the Com
monwealth against McCarty, it's estab- 4
lishment will undoubtedly spread III
other states, and soon we shall have
all over these United States judicial
declarations that, Notwithstanding our
constitutional guarantee for freedom OF
1 SD0HCH anu VI lllC p1 Co', Liz Imp
| common law libel is in effect here, anG
that our freedom of speech is only a
limited liberty by permission of our
masters instead of a constitutionally
guaranteed unabridgable right.
Should this precedent once be fair
ly established by the courts of last re-
sort in several states, then every lib
eral, free thought, or radical journal
/ in America can be suppressed. Under
the common law it was a crime to criti-
else the government, public officials,
ecclesiastics or the accepted theology
4 Lord Hoyt thus defined the prohibit
lions of the libel law which it is claim
ed is in force in Pennsylvania: H
must not by loose, Incorporate specu-
lation endanger the Constitution; h.
must not shake what is rooted, no"
| bring again into discussion, with a view
to disturbing what is settled If such
a law shall again come into force how
long could Socialism or any other rad
ical thought be published?