New-York tribune., 1919-03-11
Highest Court
I1pIlolds
1O-Year Term
Espionage Law Is Declared
No Interference With
the Right of Free Speech
Talk at Canton Disloval
Kansas City Editor Also
Must Serve His Sentence
for Obsiruciing the Draft

WASHINGTON, March 1O.-Convic-
tons under the espionage act of
Eugene v Debs, Socialist leader, and
Jacob Frohwcrk, a newspaper editor of
Kansas City, were sustained to-day by
rho Supreme Court in unanimous opin-
ions delivered by Justice Holmes. Both
men we're sentenced by the lower courts
to ten years Imprisonment.
While not passing directly upon the
constitutionahty Of the act, the court
in effect did declare valid the so-called
enlistment section ard reaflirmed its
opinion that the espionage law is not
an Interference with the constitutional
right Of free speech.
Debs was convicted on three counts,
but the court passed directly on only
one of these, that charging him with
obstructing recruiting and enlistment
through statements made in a speech
q, Canton. Ohio, last June. The other
two counts charged him with attempt
ing TO incite characterization and dis
loyalty, and also with uttering Ian
cuage intended to provoke and encour-
age resistance to the government. In
arguing the case before the Supreme
Court, however, the government did
not press the large charge.
Editor Opposed to War
Frohwerk's conviction resulted from
articles written by him and published
in the Missouri "Staats Zeitung' criti-
cising the United States participation
in the war
Some attorneys interpreted the fail
ure of the court to give a direct opin-
ion as to the constitutionalty of the
espionage act. as indicating its inten-
tion to pass upon the merits of each
individual case considered by it,
4 number Of other espionage cases
are now before the court, while about
seventv-fiVc cases involving charEeS
are pending in the Appellat courts
over the country.
Justice Holmes, in delivering the
opinion. reviewed Debs"s Canton speecf
in detail. The main theme OF th'
speech. Justice Holmes SAID, was so
oahsm, its growth, and prophecy OF
its ultimate success with that, nc
continued. I'VE have nothing to do
but ii a part of the manifest lnten'
of the more general utterances was t'
encourage those present to obstruc
Tho recruiting service the immunity
Of the general theme may not be
enough TO protect the speech.
Debss Statements Cited
Referring to statements made by
Dehs while addressing the jury, II
which he said: Il have been accused OF
obstructing the war. admit 1t. Cen
tlemen. | abhor war. | would oppose
the war if | stood alone, Justice
Holmes said:
The statement was not necessary tC
warrant the jury in finding that on'
purpose of the speech was to oppoS'
no, only war in general but tins war
and thar the opposition was so eX
nressed that its natural and intended
eTec- would be 10 Obstruct recruiting
Referring to the introduction OF tn
so-called St Louis platform as evl
dence. the court said:
"Fvidence that the defendant accept
ed this view and this declaration or M
duties at the time that he made M
speech is evidence that II IN ina
speech he used words tending to Oh
struc- the recruiting service ne mean
tina, ,hev should have that effect
Debs Had Active Career
Debs four times a candidate TO
p,esieen. Of the United States nega
ite a. locomotive fireman on IN
Terre Hau.e {: Indianapolis Ralirone
For ears he was prominent IN Ia Ia
Firemen's Brotherhood, playing an ac
tive part in several big. strikes, !
$50 he was member Of the lndian
13sy 1snsis.rre r. 1900 he ran for Pres
dent On the Social Democratic tlcke
and ne was the candidate OF q, the o0c'al
- - par-v In 1903, 1908 and 1912.
Sat- District Attorney Wertz, wn
had charge Of the DeDs osecutloi
ss;d the mandate from the Suprema
Court would not reach Cleveland prop
ablv for thirty days. Until IT was re
ceived. he SAID, Debs would not
taken in custody.