Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1918-07-10
SUPREME COURT
SUSTAlNS LEAGUE
Martin County Indictment. Against
Townley and Gilbert are
Overruled.

Townley and Gilbert are
Overruled.
War views of the Nonpartisan
league, circulated in pamphlet form,
do not obstruct army and navy enlist.
ments.
On the contrary, they are an accu.
rate characterization of the German.
Austrian military machine and the
purposes of that autocracy.
This is the decision of the state
supreme court Friday In two cases
brought in Martin county against A.
c. Townley, league president, and Jo-
seph Gilbert, manager
Both were charged with violating
a law passed by the last legislature
making it crime to do or say any
thing which will keep men from enter.
ing military or naval service
The two league officials were indict.
ed in Martin county on the ground
that they were responsible for the cir.
culation of the leagues war aims.
Q
overruled in the Martin county district
court.
Demurrer Sustained.
Justice J. H. Quinn, former district
judge in Martin county, writes the SUI.
preme court opinion, holding the de.
murrers should be sustained and send.
ing the cases back for action accord.
ingly.
The other supreme justices agreed
with Justice Quinn.
The league pamphlet contained the
following statement on which one in.
dictment was based:
"The moving cause of this world
war was and is political autOcracy,
used to perpetuate and extend in
dustrial autocracy. It is the
struggle of political overlords to
extend and perpetuate their power
to rob and exploit their fellow
men.
Autocracy Is Shield.
"Autocratic rulers who have
robbed and exploited the fathers
and mothers, now slaughter the
children for the single purpose of
further intrenching themselves in
their Infamous position and secur-
ing and legalizing their posses
sion of the fruits of others toll
and thrusting the world under the
yoke of political autocracy, which
is ever the shield and the mask of
industrial autocracy."
Justice Quinn says in his opinion:
'"This language and the statements
or assertions thereof are to be con.
sidered and construed in connection
| with facts of general nOtoriety and
common knowledge and in that atmo.
sphere and light we are to determine
whether the natural tendency thereof
is the discouraging of enlistments in
| the present war, or the advocacy that
assistance should not be extended the
federal government in the prosecution
| of the same.
UphoIds Language Used.
"Our conclusion is that the Ian.
guage, properly considered and taken
in the light of surrounding pertinent
facts, cannot be held to discourage
enlistment in the army, or otherwise
to advocate that assistance should not
be rendered the government in the
prosecution of the war.
1.-THE matter complained Of treats
of the origin of the present war be-
tween the German empire and it's al
lies on the one hand and France and
her allies on the other, the cause, pur.
pose and probable consequences
thereof, coupled with the condemna
ton of those responsible for bringing
the cure upon the people.
Germany Caused War.
1T is a matter of common knowl
edge that the military autocracy OF
Germany and Austria caused and
| obvious from the beginning that the
purpose and object thereof was terri
torial expansion and thereby to sub
ject to the authority of those govern
ments peoples of other lands.
"The language quoted from the In
dictment is an accurate characterize
ton of the German-Austrian military
machine and of the purposes intended
to be accomplished as indicated and
shown by facts of common repute al
the time the matter was published and
circulated by defendants in September
1917.
No Application to U. S.
1T contains no reference to the
United States government, nor to the
president or the congress, or others In
official authority, and the language
used has no application to either. We
| have in this country no political au
tocracy and no autocratic rulers such
as they have in some of the European
governments engaged in and which
are wholly responsible for the war.
"The language make no reference to
enlistments or the otherwise forma
ton of an army by the United States
nor can anything therein be construed
as advocating non-assistance in the
prosecution of it's aims and purposes
in entering into the conflict.
Enlistments Not Hindered.
"The language, therefore, can have
no reference or application to the par
ticipation of the United States in the
war, at least not in encouragement OF
enlistment nor in advocacy of with
holding aid and assistance in the
prosecution of the same.
"The object of the legislature in the
| enactment of this statute was not that
the state should wholly take over the
burden of prosecutions of the kind
which primarily are of federal cogni'
zance. The purpose was to aid the
federal authorities in the prevention
and suppression of sedition and like
conduct on the part Of persons whose
tendency to criticism and condemna'
ton of all things governmental leads
them to the border line of treason and
sedition."
Refers 10 War Declaration.
The second Indictment was based
on resolutions relative to the war
adopted June 7, 1917, and later circu.