The sun., 1919-01-25
DEBS'S CONVICTION
JUST, U. S. ASSERTS
Government Brief Argues Con-
gress Has Power to Punish
Army Obstructionist.

WASHINGTON. Jan. 2i.--A Govern
ment brief was filed in the Supreme
Court to-day unfolding the action OF the
lower court in the case OF Eugene v.
Debs, the Socialist leader. sentenced to
ten years imprisonment under tho espi-
onage act for statements made in .
speech at Canton. Ohio. last June.
II declares that since tho Supreme
Court recently held in the selective draft
cases that Congress had the power Of
depriving a man Of Ills liberty. even Of
his life, for the purpose OF raising an
army, surely for this same purpose OF
raising an army Congress may require
tho citizen to refrain from a deliberate,
wilful obstruction Of the process Of OBJ
tanning the requisite number OF fighting
men,"
War as Essential n Jastice.
Replying TO contentious that the act
interferes with the freedom OF speech.
the Government brief said
no authority can be adduced for the
defendants contention that there is a
speech the exercise OF the power to raise
armies so long as the speaker does not
urge a violation Of the law. II, as has been
held by this court. punishment may con-
stitutionally be meted out for a wilful
obstruction OF the administration OF JUS
tice II Is difficult TO see why the ad-
ministration OF the war powers OF Con-
gress Is not entitled to the same protec-
ton. The events OF 1917 showed that
war may become as essential as justice
to the preservation OF our democratic
form OF government.
This espionage act obviously wa:
designed to protect the whole military
programme against ali types Of inter
ference Herewith, and It Is a reason.
able inference that in tho phrase OBJ
struct tho recruiting and enlistment
service Congress intended to cover al
wilful interference with the process Of
raising OF the army, but 'pur'
poseful Indictment to specific unlawful'
ness on tho part OF others Is just wha'
the defendant was charged with in this
case and the Jury found him guilty
Sees Freedom OF Speech Denied.
Gilbert z. Roe. who Is counsel fol
the defendant in a similar case pend
ing, filed brief In the Debs case q:
friend OF the court" containing tha'
tho espionage act interfeted witt
freedom OF speech and the press. ant
that all hostile criticism Of ever1
measure even remotely connected will
the war" had been suppressed througi
punishment OF those attempting to In
dulge In such criticism.
In passing the espionage act anc
subsequently amending It Congress. thu
brief said. clearly yielded to temptation
under the exigencies OF war to STRIKE
down and destroy the feee speech ant
free press clause OF the Constitution
In order, as It was believed. that th'
war making powers of the Government
might be more effectively carried int
execution"
The Government filed another brie
involving Interpretation OF the espionag
act in the case of Jacob Frohwerk
,, convicted OF publishing disloyal article
in the Missouri stats ZeitunJ OF Kan
! sas City.
referring to Frohwerk's objection tina
the conviction violated tho constitu
tional guarantee of free speech and ire
press the Government argued that tn
was not an absolute right ITO speak
write or print whatever one ma
please" and that tho right did no
permit a publisher to interfere VIII
military operations by discouraglng en-
listments.