New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-08-24
Answering Protest Against
Street Arrest, Mitchell De-
fines Police Powers
Enforce Law Rigidly
Can Act Under Federal and
State Statutes, Agitator
Is Told

Mayor Mitchell paid his respects yes
terdAy 10 jeremiah OIeary ana 'he
American Truth Society, in a letter IN
which he defined what constituted urea
soo sedition and breach of the peace.
He uointedly warned OLeary and MS
friends that the Police Department
would rigidly enforce the law against
the preacher of disloyalty.
oTeary, who has made a national
rsnutation as a pro-GerTnan agltator'
had written the Mayor in protest
avainst the arrest and arraignment CT
". ]. Robinson, law reporter, OF 2os
West Eiehty-seventh Street, who was
round guilty in jefferson Market Court
Yesterday of uttering seditious remarks
which tended to incite breach OF the
reace.
Robinson was arrested at Thirty
.eyenth Street and Broadway by g cit
izcn on the night of August Ia for say
ING that "sny man who advocates the
sending of American soldiers S,Voo
miles from America is traitor to his
country"
Wrote to Magistrate Also
OLeary inclosed in his letter to the
Mayor a letter which he had also writ
ten 10 Magistrate Emil Fuchs on the
same subject. Both letters had much
70 say of free speech and the constltu-
tional rights of American citizens 10
the Mayor OLeary wrote:
eve seize this opportunity to inquire
if the present city administration in
tends to ride rough shod over the con-
stitutional rights of American citizens,
and IL under your administration 1t is
nossible for unpatriotic societies actu-
sted BY questionable motives to spread
q reign of terror throughout the city
end 10 make a mockery of law and JUS
tic. in free America We also want TO
know if the suggestion attributed to
INSPECTOR Dillon, of the New York po-
lice, urging one citizen who differs
with another citizen TO KICK DIS DeIlS
ont is to 20 unchallenged by the re.
snonsible authorities Of the City OF
New York"
In his reply the Mayor said:
al have your letter Of August 10 al
dressed to me and the incloseo copy
of a letter addressed by you to Magis-
trate Emil Fuchs. These letters, with
their disingenuous inquiries, sufficient
lv indicate your own well known attl-
tude toward your country and your
government. Nevertheless, l will glad
Nv state to you the position Of the
city administration in the matter OF
public seditious utterance, in order
that you and your associates may be
amply warned.
Constitutional Provisions
The Constitution of our country
guarantees to all citizens the right OF
free speech, and IL will be the con-
Germ, as it is the duty of the city
government to conserve this right and
TO protect every citizen IN its legit-
mate exercise. Free speech, however,
does not include the preachment OF
treason or sedition, Indictment to vio-
lence, or utterances tending to create
q breach of the peace. The action Of
the city government through the police
force viii be governed by the statute
law. It is as follows:
"The Constitution Of the United
States defines treason 70 include 'ad-
herring TO their (the United States
enemies, giving them aid and comfort.
"This country is at war with Ger
many. Public denunciation of the ac-
ton of the United States government
in cooperating with other governments
in fighting a common enemy is calcu-
lated to give aid and comfort to that
enemy.
81 also call your attention to the act
of Congress enacted June IS, 1917,
known as the espionage act. .
Whoever wilfully makes false state