The Bottineau courant. (Bottineau, Bottineau County, N.D.) 1895-1929, 1917-09-06
AT STATE CAPITAL

Something Of a Juror has been
stirred up over Governor Frazier's
telegram to the American Peace
Council, assuring them that the con-
stitutional guarantee of free speech
had not been suspended in North Da-
kota, and that while the state was 10y
al and patriotic, the right of the peo-
pie to peaceably assemble and discuss
public questions, so long as their dis
cussion was not of a reasonable ma
ture, would not be denied but would
be protected by all Of the of
the state. This was followed by a
demonstration in Fargo when Max
Eastman, the socialist editor of The
Masses attempted to speak. The Far
gonians did not wait for MI. East
man to give %utterance to reasonable
sentiments but prevented his speaking
at all and certain newspapers have
roundly abused Governor Frazier be-
cause of his attitude.
1t is hard to understand how the
Governor Of the state could have acted
otherwise. The first amendment to
the Constitution Of the United States
reads as follows:
Congress shall make no laws re-
speeding an establishment Of religion
or prohibiting the free exercise there
of; or abridging the freedom of
speech, or of the press; or the right
of the people peaceably to assemble
and petition the government for re-
dress of grievances"
Subdivision 9 of article / Of the
| Constitution of the State Of North
Dakota declares:
every man may freely write,
speak and publish his opinions on
all subjects, being responsible for the
abuse of that privilege"
Subdivision Ten of Article 1 reads
as follows:
"The citizens have a right, in a
peaceable manner, to assemble toget-
her for the common good, and apply
to those invested with the powers of
government for the redress of griev-
ances or for other proper purposes,
by petition, address or remonstr-
ance."
Subdivision 9 of Article 1 thus de-
fines treason:
"Treason against the state shall
consist only in levying war against it,
%adhereing to it's enemies or giving
them aid and comfort"
In view of these principles laid
down in the organic law both OF the
national and state government, it is
difficult to see what other answer
| Governor Frazier could have made to
the inquiry of the Peace Council.
| While the policy of holding such meet
ing at this time can well be ques-
toned, yet, the Governor Of North
Dakota cannot bend the Constitution
of the state nor of the United States
to his or anybody elses conception
of public policy. The right Of free
speech within the limitations i'm
posed by law is n of the corner
stones of American liberty and gov
eminent. The right to discuss pub
lie questions cannot be denied so long
as such discussion is not REASONABLE
or as the state constitution puts it,
gives aid or comfort to the public
enemy.
An examination Of the speeches
made by Eastman and his associates
| can hardly be said to be seditious or
REASONABLE or giving aid and comfort
to the enemy, any than the
peace talk in Germany or the discus
sions Of the terms of peace by the
press of socialistic organizations and
labor organizations can be said to be
reasonable to the German govern
ment, as giving aid and comfort to
the Allies. Eastman and his asso-
| GATES can hardly be said to be sedi-
tious or reasonable or giving aid and
comfort to the enemy, any more thar
| the a talk in Germany or the dis
~cussions of the terms of peace by
the press of socialistic organizations
and labor organizations can be said to
be reasonable to the German govern
ment, as giving aid and comfort to
the Allies. Eastman and his asso-
,ciates discuss what ought, to be, in
their judgment, the terms Of peace
and the best manner of bringing
about that peace and in conserving the
results Of the struggle to the people
that is, if we make democracy safe in
the world, that we see to it that we
get the right kind of democracy. In
l,rief, if this war results in wider
democracy that it's benefits be con-
served to the common man,.
One might we'll question the wis
dom of these meetings, their good
taste or their effect upon public po-
Icy, but surely no ane man can
call such utterances reasonable,
seditious or ian they by any far
stretch of the imagination contend
that they are giving aid and comfort
to the enemy any more than know
ledge that the enemy desires peace
can give aid and comfort to the foe.
The whole matter is born largely of
the hysteria which accompanies war.