El Paso herald. (El Paso, Tex.) 1901-1931, 1917-09-12
Our Enemies Within
u. S. May Be Able To Suppress SeditiOn
Legal Decisions Give Government Weapon

any opinion he may see fit to form
about any proposed law OF about any
law that is on the statute books.
Any man can DO anything, in itself
legal, TO secure the repeal oil any law
in force But there is one limit; As
long as the law IS the law, il is the
duty Of every man TO obey IL, and he
may not. under color or pretense OF
arguing against the wisdom Of the
law. or Of advocating its repeal do
anything with intent 10 procure its
violation The one sole question in
this case is whether these men. in
anything they did, intended to per
suade men not to register under the
{ draft or. after they were registered.
to persuade them not TO obey the or
der TO come to the colors. That is
the one question. So the real inquiry
here is-Can the government show
always beyond reasonable doubt
| that these men were trying to per
suade people to disObey the law2"
Judge Rose thus brought out clear
y and distinctly that the Intent was
as important, even more important
IN determining the question of guilt
/ or innocence than the specific act
charged This was the point the
government wanted emphasized-the
Importance Of the question of intent.
The case before judge Rose was not
sufficient for the government. how
ever It related to the distribution
OF circulars, while the government
was particularly anxious to get a de-
clslon bearing on publications. The
next case came before Judge Hand.
Of the United States court for the
southern District Of New York. when
the postoffice department barred tho
August issue Of The Masses from
second class mail privileges. The
publishers OF 1.-THE Masses applied
TO judge Hand for an injunction re-
straining postmaster Patten OF New
York from carrying out the orders
Of the department in Washington
Judge Hand granted the injunction
In a decision which said
Judge Hand Thinks Act Needed.
IF one stops short Of urging upon
others that it is their duty or their
interest TO resist the law. IL seems
TO me that one should not be held to
have attempted 10 cause its viola
ton
Judge Hand left the intent out OF
the question and required a specific
act. The government appealed from
judge Hands decision and went to
judge Hough. OF the circuit court OF
appeals, for an order to stay the in
Junction pending decision on the
appeal Judge HoUgh granted the
stay, saying:
1T is at least arguabIe whether
there can be any more direct incite-
ment TO action than to hold up to
admiration those who do act. CRATIC
obligua has always been preferred
by rhetoricians to CRATIC recta- The
BeauUtudes have for some centuries
been considered highly hortatory,
though they do not contain the in
junction, Go thou and do likewise "
The intent was thus taken into con-
sideration by judge Hough, but he
gave only temporary stay Of an in
junction What the government
needed was a court decision prac-
ucaly unfolding its position. The
application Of Watson for an injunc-
ton restraining the postmaster at
Thomson, Ca, from obeying the order
Withdrawing second class mail priv
ileges from THE Jefersonian" gave
the opportunity for another attempt
to get such a decision. The case
came before judge Speer, no up
held the contention Of the govern
ment in a decision, which said:
Had the postmaster general longer
permitted the use Of the great postal
system which he controls for the
dissemination OF such poison, it
would have been 20 forego the oDpor-
tunity to serve his country afforded
by his lofty station
Decision on Nations Welfare.
There is moreover, al additional