The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-11-14
OUTBREAK
SHOWS WEAKNESS
Of u. S. STATUTES
Red Attack Upon Marching
'Ex'Yanks at CentraIia Re-
news Heated Discussion in
Washington as to Remedies
sf DAVID LAWRENCE,
ESPECIAL SorreSpondent OF The News
Selmltar,O

I
WASHINGTON. Nov. lI-outbresks
a the state OF washington by the i
WE resulting in the death Of four
veterans on Armistlce day
ave had the effect in the national cap |
tal Of renewing discussion of the legal
steps that can be taken to crush such
movements IN America.
~ Usual there Is a tendency to shift
-esponslotiity from one branch Of the
government to- the o~theF-Senator
Hoindexter, Of Washington, blaming the
executive for lenlepcy In enforcing the
and the department Of justice
oointing out that congress was asked
IS early as last June for laws that
would enable the government to reach
lnarchists-and nothing has been done.
The goat II there must be one,
however, is the uncertainty which pre-
walls over the legal status OF all leg
lslauon passed for the duration Of the
war and the fact that the peace treat
Is yet unratlfied. During the war the
a weary struggle by the executive
branch of the government, was suffi-
Gent to reach radicals who plotted the
overthrow Of v institutions, But IL
IS an open secret that the espionage
law is not new being enforced and has
not been virtually since the armistice.
VIZ hlN0 NAANNA aliA Ebt
pose Of aiding "the enemy" while the
United States WAS at war. But none
Of the activities of the radicals are
now directed In favor Of Germany or
any country that might be technically
construed as stu q heligerent, They
United States alone. They are internal
rather than International in their par
tlcuiar Significance.
In Sedition Laws.
So the remedy must be sought In
federal statutes previously on the
books, namely, the sedltion laws. Act
ual sedition-that Is resistance to fed
eral authority--is already covered in
the statutes. Conspiracy for sedition,
that Is a plot in nart of the two or
more persons, TO resist or attack fed
eral authority--is Also covered by eX-
listing laws. But there is nothing to
bridge the hiatus between the two
sets of statutes, Advocacy OF seditien
for instance On the part OF an indt-
vidual is not punishable nor Is an tndi-
vldual attempt to stir up seditien when
separated from an over act of sedi-
tico
Thus individuals can 20 up to the
point Of melting others, but the gov
eminent must prove complicity on the
pant OF each individual caught with
UllltI ihulNluudla HdNlltk tlN HHlitN phi
pose. And the radicals have legal skill
enough to take advantage Of such loop
holes, The offense OF sedltion is unde-
fined.
Atterney-G General Palmer appeared
before the committee OF congress as
early as June OF this year shortly after
the bomb outrages and asked for leg
islation covering these points. But
nothing. has been done, Congress has
been interested In other matters,
The senate has spent practically all
its time on the peace treaty to the eN-
elusion of business OF a vital character
The legislators have claimed that the
peace treaty was of paramount i'm
portance, but both sides will probably
admit that much time has been spent
in useless debate that might have beer
profitably spent In passing laws tina
would reach the radicals and anarchists
who wish to overthrow the government
| itself.
Condemnation Of the assault on thu
| soldiers at Centraiia, Wash, Il
| heard on every side, yet the fedora
government Is powerless to act IN suic3i
| circumstances. Conspiracy to xii
marching veterans Is a state offeQs'
| punishable by the laws OF the state y
| Washington.
| aware In advance Of the intention o
| the |. w. WIS to wreak vengeance or
| the m%archers, It could do no more thar
| notify state authorities who are re
| spohsibIe for the exercise of police
| power in such circumstances, Blu
| there are things that federal govern
ment a do TO prevent the growth o
anarchistic movements and to reduce
| the number Of radicals at large in tbs
country, One is to enforce ,rigidly law
| that may pass with respect L
the advocacy OF seditlon.
When the attorney general appeare'
| before congress he was told that nj
request for q law on this point vas TO-
| mild. MIR. Palmer pointed out that la
| did not favor some OF the extreme pro
posals such as the ~penaliaing Of every
body who marched in q parade Wher'
a red flag suddenly appeared and sim
liar statutes that gave room Tor abus'
and the stirring up Of much more dis
content and radlcalism than the RAD
Gals themselves could melted. y
wanted the gap between actual sea-
ton and conspiracy covered and be
Weved that as a starter that would he'll
his department. II he needed more law
upon experience, he would ask for IT.
But congress has granted the depart
ment Of justice no additional law What
soeyer and there the situation stand
today. Deportation, on the other hand
Is only a partial remedy, II can b
used only against aliens and just nov
there arc many radicals and anarchist
who are citizens OF the United states
There Is no law TO take citizenshi
away unless 1t can be proved that "
citizenship itself was fraudulently OBJ
tsIned which Is relatively speaking
rare occurrence. Citizens can apes
TO the courts for protection under II
constitutional rights OF free speech. T
make II a crime to advocate seditie
would be a definition OF constitutions
rights Of free, speech in peace inc SIM
war time by the espionage act, TIL
federal government is not so much In
terested In any new deportation law {
cnyer citizens Of the United States r
they would be imprisoned under tn
new federal laws passed by congress
But II would be a great advantage
the problem of deportation Of alien
who had already been admitted TO IN
United States and who have been lil
mg here fer a long time were place
hi the hands Of department OF justice
AZ present the department of labe
handles deportation questions on theor
That an allen residing IN the Unite
States, who has not set been admitte
10 citizenship is theoretically still q
immIgrant and as such subject to q
Wrisdietion Of immigration division
iheI department of labor, But mas
much as the department Of justice hs
the funds and the starr 10 MAKE II
yestigations as well as prosecutions,
Contamination Of all deportation cas-
in the department, justice would pr
yent many an offender from escapir
dle % he clumsy i~nterued depar
mental machinery.
THE department Of labor could r.eta.
Jurisdiction over the admission OF TN
migrants, but the behaviors Of tn "a
ter after they have once taken. up res
dence In the United States, Il has bet
suggested, should be watched, invest
gsfed and prosecuted BY the law Ell
foroement branch OF the government
the department OF justice.
Co-operation between the depar
ments OF labor and justice has ate
been brought about largely because
the awakening as to the seriousness