Great Falls daily tribune. [volume] (Great Falls, Mont.) 1895-1921, 1919-03-11

under the espionage act Of Eugene v.
Debs. socialist leader, and Jacob Froh-
werk, a newspaper editor of Kansas
City, were sustained, today, by the
supreme court, in unanimous opinions
delivered by Justice Holmes.
Both men were sentenced by the lower
courts to ten years Imprisonment.
While not passing directly upon the
constitutionaIity of the act, the court,
in effect. did declare valid the so-called
enlistment section and re-affirmed its
opinion that the espionage law is not
an interference with the constitutional
right of free speech.
PASSED ON ONE COUNT ONLY.
Debs was convicted on three counts,
but the court passed directly on only
one of these, that charging him with
obstructing recruiting and enlistment
thru statements made in a speech at
Can.on, Ohio, last June.
The other two counts charged him
with attempting to incite insubordina-
ton and disloyalty. and also with utter
ing language intended to provoke and
encourage resistance to the United
States government. In arguing the case
before the supreme court. however, the
government did not press the last
charge.
FrohwerE's conviction resulted from
articles written by him and published in
the Missouri Stats -Ieitung. criticiZing e
the United States participation in the
war.
Some attorneys interpreted the failure
of the court to give direct opinion as
to the constitutionality of the espionage
act as indicating its intention to pass
upon the merits of each individual case
considered by it.
IS Cases Before Court.
The court today granted petitions ask
ing it to review the case Of III. +. kirch-
ner. convicted under the espionage act
because of statements made in a recent
speech at Elizabeth, W. Va. in which
he declared that the government in the
prosecution Of the war was corrupt and
was controlled by the moneyed IN
terests. He was sentenced to two years
imprisonment.
4 number Of other espionage cases
are now before the court, while about
75 cases, involving charges similar TO
those against Debs are pending in
appellate courts over the country.
Debs Held WiIfulIy Guilty.
In affirming Debs' conviction. Justica
Holmes reviewed the case in detail and
held. in effect. that Debbs had been
guilty Of wiful attempt to obstruct
recruiting, and that the jury had been
properly instructed by the lower court.
He said that the government had pre-
scented a strong argument from the his
tory of the statutes that the instruction
was correct and in accordance with
established legal usage, and added that,
in the light of this fact, it was unneces-
sary to discuss the question in detail
Regarding the Frohwerk case, Justice
Holmes declared that the first amend
ment to the constitute on. while prohibit
ing legal action against Frohwerk as
such was obviously not intended to give
immunity for every possible use OF
language.
Masked Words no Excuse
Justice Holmes delivering the opinion,
reviewed the statements made by Debs
in his Canton speech and also tile
charge that had been made by the lower
court to the jury.
The main theme Of the Dcbs speech.
Justice Holmes said, was SOCIALISM, its
growth and a prophesy of its ultimate
success"
with that" he continued eve have
nothing to do, but if a part Of the mani
fest intent of the general itterances was
to encourage those present to obstruct
the recruiting service and if. in passing.
such encouragement was given. the i'm
muntiy of the general theme may not be
enough to protect the speech"
st. Louis Platform.
The referring to the introduction of |
the so-called st. Louis platform as evil |
dence, the court said:
Evidence that the defendant accepted