Evening star., 1919-11-13
EXISTING j. s LAWS
INADEQUATE TOEND
ACTIVITIES OF REDS
Deportation Only Partial
Remedy-CentraIization Of
Prosecution Is Urged.
BY DAVID LAWRENCE.


Outbreaks in the state of Wash
ington by the 1. VS., resulting in
the death of four overseas veterans
on Armistice day, have had the effect
in the National Capital of reviving
discussion of the legal steps that can
America.
AS usual, there is a tendency to
shift responsibility from one branch
Of the government to the other-Sena-
tor Poindexter of Washington blam-
ing the executive for supposed leniency
in enforcing the law, and the Depart
ment of Justice, on the other hand.
pointing out that Congress was asked
as early as last June for laws that
would enable the government to reach
anarchists-and nothing has been
done
The goat" if there must be one,
prevails over the legal status of all
Legislation passed for the duration OF
the war and the fact that the peace
treaty is yet unratified. During the
war the espionage act, passed Dy Con-
gress after a weary struggle by the
was sufficient to reach radicals who
plotted the overthrow of our institu-
tions. But it is an open secret that
the espionage law is not now being
enforced and hasn't been virtually
since the armistice. That law spe-
with the intent and purpose of aid
ing "the enemy" while the United
States was at war. But none of the
activities of the radicals are now di-
rected in favor of Germany or any
country that might be technically
They are directed against institu-
tions of the United States alone. They
are internal rather than international
in their particular sfgpifcance.
.s ssdatsen Lsys Inadeaaste
So the remedy must be sought IN
federal statutes previously on the
books, namely, the sedition Jaws.
Actual sedytiQnthat ia resistanes g
IN in the statutes. conspiracy tor 'sedi.
tion-that }is, q, plot on the part of two
or more persons to resist or attack
federal authority-is also covered by
existing laws But there is nothing
to bridge the hiatus between the two
ton, for instance. on the part OF an
Individual is not punishable nor is
an Individual attempt to stir up sedi-
fion when separated from an overt
act of sedition. Thus individuals can
go up to the point of melting others,
but the government must prove COM
plicity on the part of each individual
caught with other individuals having
the same purpose. And the radicals
have legal skill enough to take ad-
vantage Of such loopholes
The offense Of sedition is underlined.
Doll YsHh
before committees Of Congress as
early as June of this year. shortly aft
er the bomb outrages. and asked for
legislation 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 ex-
clusion of much business of vital
character. The legislators have
claimed that the peace treaty was OF
paramount Importance. but both sides
probably will admit that much time
has been spent in useless debate that
might have been profitably spent in
radicals and anarchists who wish to
overthrow the government itself.
Government Powerless to Act.
Condemnation of the assault on the
soldiers at Centralis. Wash, is heard
on every side, yet the federal govern
ment is powerlesS to act in such cir
cumstances. Conspiracy to kill march
ing veterans is a state offenSe, punish
able by the laws Of the state OF Wash
ington Even If the federal govern
ment were aware in advance of the
intention of the I. w. VS. to wreak
vengeance on the marchers, it could do
no more than notify the state authort-
ties, who are responsible for the exer-
IN IN oil
stances.
But there are things that the fed
eral government can do to prevent
the growth of anarchistic movements
and to reduce the number of radicals
at large in the country. One is to en-
force rigidly laws that Congress may
pass with respect to the advocacy OF
sedition. When the Attorney General
appeared before Congress he was told
that his request for a law on this
point was too mild. Mr.. Palmer
pointed out that he did not favor
as the penalizing of everybody who
marched in a parade where a red
flag suddenly appeared, and similar
statutes that gave room for abuse
and the stirring up of much more
discontent and radicalism than the
radicals themselves could incite. He
wanted the gap between actual sedi-
ton and conspiracy covered, and be.
1ieved that, as starter, that would
helm his department. If he needed
more law upon experience he would
ask for it. But Congress has granted
the Department of Justice no addi
tional law whatsoever, and there the
situation stands today.
Deportation, on the other hand. II
only partial remedy. 1t can be uset
ONLY against aliens, and just nov
there are many radicals and an
arcbists who are citizens of the Unit
ed states. There is no law to takt
citizenship away unless it can b
proyed that the citizenship itself wa.
/ fraudulently obtained, which is, rela
! tiveIy speaking, a rare occurrence
| citizens can appeal to the courts fol
protection under the constitutions
| tights of free speech. To make it &
| crime to advocate sedition would b,
definition on constitutional right.
of free speech in peace time similar
/ to the definition imposed during wal
time by the espionage act. The fed
! erai government is not SO much in
terested in any new deportation Law
| to cover citizens of the United State,
they would be imprisoned under tn,
new federal laws passed by Congress
| But it would be great advantage i
I the problem of deportation of alien,
! who already had been admitted t.
/ the United States and who have beer
| living here for a long time wer,
| placed in the hands Of the Depart
ment of Justice.
| At present the Department Of La.
bor handles deportation questions on