Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1918-04-29

incite or abet, promote or encourage
hostility or opposition to the govern
ment Of the state OF Iowa or of the
United States shall be guilty Of a mis-
demeanor and upon conviction shall be
punished by Imprisonment in the coun-
ty Jail not less than six months or
more than one year and shall be fined
not less than $500 nor more than $1,000.
| The evidence showed that Bonnie.
| had made on several occasions re-
| marks which were seditious in char
acter if their literal meaning be ac-
cepted. In rebuttal some of the state
ments presented by witnesses for the
state were admitted to be substantial
| ~ correct. Some of them We're de-
MED. With reference to others 1t
was claimed that the defendant was
Just joking"
| The case was ably and fairly pre-
scented on both sides. There was no
appeal to the prejudices of jurors by
either side. The attorneys engaged in
the case are all patriotic American
citizens. They fully appreciated the
gravity of this case. 1t was by no
means Of an ordinary character. 1t
was in no sense a case where law
finesse was permissible. There was
no effort to convict or acquit on
technicality. The whole effort of the
judge and the lawyers on both sides
was TO put the case fairly and FUZZY
up to the jury on its merits.
The jury reached wise. and we
think under the law, just and mer-
torious decision-one fully justified by
the law and the evidence. This de-
c.sion does not brand the defendant
as a traitor. A term which fitly de-
scribes the verdict is, BONES is guilty
of a misdemeanor This even his best
friends and those who take the most
charitable view Of his case are forced
to admit. Any man who talks In Jok-
ing manner of the CHASTITY slaughter
now going on In Europe is committing
a serious misdemeanor. This term rs
in truth very mild. Such remarks
come close to the border line of trea-
son. Ignorance Of their significance
may be properly pleaded as extern
Mating circumstances and in mitiga-
ton of punishment but not as claim
that ignorance OF the law should serve
as an excuse for the commission OF
criminal act.
The merit OF this law lies In the
fact that it makes distinction be-
tween the idle or thoughtless talk OF
an ignoramus and the overt action OF
a dangerous traitor. Under the feu-
eral statutes defining treason an ex-
pressly overt act must be proved 10
secure conviction and conviction on
suoh a charge means death or penal
servitude for life There has been UP
To this time no half way ground. This
old law was the result OF an EFFORT
to get away from the practice OF
kings in using charges Of treason
against the state to get rid OF rroupie-
some political opponents. This state
law Is an effort to apply remedy 70
those half eediious acts and utter
apoes which fall short Of treason but
cause much trouble il not corrected.
Under the federal law as 1t now STANDS
a man may commit all sorts OF mis-
demeanous but he cannot be reached
by the terms OF the law. The result
OF this situation is to encourage the
use Of yellow paint, tar and feathers
and the use OF ropes by mobs. ni&ht
riders and others acting outside the
pale Of statutory law. This trial un-
der stste law and th6 decision reached
by a Jury OF loyal citizens that this
man was guilty Of misdemeanor
makes It clear that the people have
recourse in law. They can punish Sc
ditious utterances which annoy ana
inflame and show lack Of appreciation
of American citizenship. They are moi
Obliged to resort to mob law to com
pei respect for our government anu
our flag. The courts under this stat
ute will take care of these ohenses.
proper use OF this statute will pre-
vent lynchings in the state Peopie
only resort TO mob law when they aSe
convinced that they cannot get justice
in the established courts.