The sun., 1917-11-03
u. S. HASPROOFTO
SHOWHYLANALDED
"FRLENDSOFPEACE''
MASSES" LOSES
RIGHT TO MAILS
Circuit Judges Reverse Lower
Court-Campaign Against
Press Sedition Aided.

The United States Circuit Court Of
Appeals yesterday rendered a decision
against the publishers Of the Masses in
their suit to compel the Postmaster of
New York to accept the August Issue of
their magazine for mailing. This deci-
sion reversed an opinion previously rem
dercd In favor of the radical publishers
by Judge Learned Hand in the District
Court. 1t also laid down principles
which will enable the Government to
launch at once number Of criminal
prosecutions against periodicals and pa
pers opposing the military policies of
the Government
Earl b. Barnes. Assistant United
States Attorney. who is directing the
campaign against the Masses and other
revolutionary publications. said last
night that the suppression Of such mat
ter will be complete. He cited the law
that went into effect on October 6.
which Is known as the trading with the
enemy act" which forbids tho ''carry-
ing. transportation. publication and dis
tribution' Of any matter that Is not
mailable. This means, according to Mr..
Barnes, that the latest scheme adopted
by radical publishers Of sending their
unless they mend their ways and make
their papers conform to the law.
The August Issue.
The August issue Of the Noses was
barred from the mails because II con-
tanned poems eulogizing Emma Gold
man and other anarchists convicted OF
defying the draft laws. cartoons insinu-
ating that this Government was dealing
.~,lsH unI ndt Yiul
attacks upon the conscription law and
other military policies. Judge Learned
Hand held notwithstanding these facts
that the paper did not violate the es-
pionage act because 1t did not directly
advocate resistance to the draft
This decision halted the plans enter
tanned by the Federal officials for taking
drastic measures to crush the anti
militarists. Francis G.. Caffey. United
States Attorney. took an appeal mainly
for the purpose Of obtaining ruling
from the higher court that would give
him a chance 20 launch the prosecutions
previously contemplated. and he got II In
the opinion which was rendered yester-
day by Circuit Judge Rogers ana con-
CURED in by Judges Ward and Mayer
Judge Rogers makes the significant
comment that "if the magazine Is non
mailable under that section 1.-THE espion-
age actl. It may be that the editor
Max Eastmanl has committed crime
in publishing 1t. for which upon convic-
ton he may he fined not moro than
$4,000 or imprisoned for not more than
twenty years, or both"
The constitutionality OF the espionage
act is upheld by the Circuit Judges, who
cite many similar laws against sedttious
utterances and writings. After COM
menting at length upon each Of the car
toons, poems and editorials complained
OF by tho postal authorities Judge
Rogers dealt with Judge Learned Hand $
decision in the lower court.
obstruction Of Recruiting.
THAT one may wilfully obstruct the
enlistment service without advising In
direct language against enlistment and
without stating that to refrain from en-
listment is a duty or in ones interest.
seems to us too plain for controversy"
said Judge Rogers. ITO obstruct the re-
cruiting or enlistment service within the
meaning Of the statute II Is not neces-
sary that there should be a physical OBJ
Struction. Anything which impedes,
hinders. retards, restrains or puts an
obstacle in the way Of recruiting Is
sufficient.
The court does not hesitate to say
that. considering tne ndturHt ana Ied-
sonabIe effect OF the publication. 1t was
intended wilfully to obstruct recruiting"
In addition to having their August is
sue suppressed under the Espionage act.
the publishers OF the Masses were subse-
ouently notified that their second class
mailing privilege would henceforth be un-
obtainable. A separate legal proceeding
involving this point Ia pending, but so
far all the court decisions have been
against the publishers.
The latest paper to feel the Federal
ban. It was learned last night. Is the
intercollegiate Socialist. organ Of the In
tercollegiate Socialist Society. This or
ganization was notified yesterday that
the magazine is being held up in the
post office here awaiting a receipt Of a
ruling from Washington on the question
OF its admissbilty.
Harry W. Ladder, the editor, issued a
statement In which ne expressed great
surprise and asserted that the paper Is
absolutely loyal to the United States.
He said that the October November is
sue which is being held up contains a
QUESTIONABLE on terms OF peace which is
contributed to by writer's Of various
shades Of opinion.
Among them are Mrs. Rose Pastor
Stokes, william English Walling. Ran
dolph Bourne and Upton Sinclair. Mr..
Ladder said that he had been Informed
that the matter would be disposed OF
promptly on receipt Of a decision from
the Postmaster-Gener