The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1917-11-08

The motion for new trial Of the
27 men from Trip who were com
victed in federal court at Sioux Falls
last week charged with resisting the
draft law. was denied by Judge You
mans, and sentence was pronounced
Friday. August Friedrich, who was
considered the leader, was given a
fine Of 81. 600 and sentenced to five
years at Ft. Leavenworth; Gottlieb
Glaster and H. Fl. Schmidt were each
given fines of $500, and sentenced to
two years; the others were each fined
$500 and sentenced to one year and
one day at Ft. Leavenworth. An
appeal was taken to the United States
court Of appeals, and the judge grant
ed an arrest Of judgment pending the
appeal, placing the bonds Of friedrich
at $5, 600 and the others at So, 1000.
In overruling the motion for a new
trial Judge Youmans gave the follow
ing explanation Of the espionage law
which should be carefully studied by
those who have misconception of
what the right Of free speech and of
petition means under our constitution
When congress passed this act, it
faced situation that was unrarallel-
ed in the history Of the world. We
were at war, stupendous and un-
thinkable war. We were fighting for
national existence. We are fighting
for liberty and law. We are fighting
for the supremacy Of the Golden Rule,
the Lords Prayer, the Sermon on the
Mount, the Ten Commandments, for
the religion of the Lowly Nazarene.
We are fighting the grossest form of
tyranny that has afflicted humanity
since the time ef the Middle Ages.
We are fighting q nation Whose EN-
peror proclaims himself the special
instrument of the Almighty, a nation
whose high officials, with moral de-
pravity that is shocking and revolving,
renounce the binding force Of treaties
and of international law, and of ma
tional moral obligations, and who pro-
mulgate, and carry out policy of
destruction, without a trace; ma
tion obsessed with spirit Of Phari-
seeism which asserts right of su-
premacy over all other people.
That is the situation which the ma
tion found itself in when this law was
passed. 1t must be interpreted in
the light of the circumstances under
which it was passed. Every citizen
must realize the extremity of his
country, the necessity for tremendous
Organization. to meet that power which
is ruthless in the measures with which
it undertakes to enforce it's ends.
The right to criticise the admins
tration Of a law is one thing; the
violation Of the law is an entirely
different thing. The right of free
speech is one thing; the right to pre-
vent an officer from performing his
duty under the law is an entirely
different thing. A right cannot be
so exercised as to constitute. viola
tion of the law. Even an act legal
in itself cannot be done in an unlaw.
full manner. The right Of petition
and free speech in this case were the
thinly veiled pretenses used to oh.
struct the enlistment and recruiting
of soldiers in the service Of the Unit
ed States. The right Of petition and
free speech cannot be used to violate
the law: they cannot be 30 subverted
as to obstruct the recruiting and en-
listment in the service Of the United
States, to the injury Of the United
States.
I think it is perfectly plain on the
testimony in this case what the pur-
pose Of these defendants was. The
case was submitted to a jury, care
fully submitted. carefully charged,
every right Of the defendants was
ssfe-guarded, and they were found
guilty. The motion is overruled.
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