The Washington herald., 1919-03-04
SUPREME COURT
AGAIN AFFIRMS
ESPIONAGE ACT
Right Of Free Speech De-
fined in Opinion by JUS
tice Holmes.
CRY OF "FIRE" CITED
Draft Obstructionists Must
Serve Sentences of the
- Lower Tribunals.

Essential provisions in both the
espionage law and the Harrison anti
narcotic law were upheld yesterday
by the United States Supreme Court,
which met after a months recess.
In upholding the constitutlonality Of
the enlistment section OF the espion-
age act, which makes 1t a crime to
obstruct enlistments, the court acted
adversely I'm the case OF Kate Rich
ards O'Hare, whose application for a
review OF her sentence to five years in
the Jefferson CMissourD penitentiary
was refused.
The defendant was charged with
stating IN a speech at Bowman, N. D.,
thso> ''any person who enlisted in the
army of the United states would be
used as fertilizer"
Lower Courts Upheld
In another case under the espionage
law, the court affirmed decisions OF
lower courts which convicted Schenck
and Elizabeth Baer, two members Of
the Socialist party Of Philadelphia, on
charges Of distribution Of literature TO
obStruct enlistment.
The right of free speech was the
basis of each plea. In deciding the
Philadelphia case, the court pointed
out that the right Of free speech as
guaranteed in the first amendment Of
the Constitution did not grant the un-
limited right to do and say whatever
a person pleased under all conditions.
Illustrating this point, Justice
Holmes said that while a man might
shout fire" all he pleased in the
middle Of a deserted forest, he could
not legally do the same thing in a
crowded theater.
when a nation is at war" Justice
Holmes declared, many things that
might be said in times of peace are
such a hindrance to its effort that
their utteranCe will not be endured
0 long as men fight and that no
court could regard them as protected
by any constitutional right"
Cannot Treat aDopes."
In decisions relative to the con-
sututiOnality of the anti-narcotiC
Law. the court held that:
Physicians are prohibited from
administering to recognized dope
tiends, eXcepc to effect a cure;
Physicians must prescribe on
forms issued by internal revenue
NOAANNAOlH anu
Druggists can not sell narcotics
except upon prescription.
The decisions were to 4. Chief
Justice White. Justices McKenna,
Reynolds and Vsndevanter dissent
ing from the majority opinion read
by Justice Day.
BY this decision the Supreme
Court reversed decisions of lower
courts which had knocked out es-
sential features OF the Harrison law.
The lower courts held that those
parts Of the law prohibiting physf-
clans from administering to a drug
addict except to cure him and fore
ing physicians to prescribe drugs
only on forms furnished by revenue
collectors were an infringement on
state police powers. The decision
was in a case brought against C
T. Doremus. Texas physician.
Violated Harrison Act.
W. 5. Webb, a doctor. was charged
with issuing prescriptions to dope
fends in violation Of the Harrison law,
and Jacob Goldbsum was charged with
filling such prescriptions
For want OF Jurisdiction the court
dismissed the appeal of Abram L.
SugaTman, of St Paul, indicted and
convicted under section OF the es-
piOnage act. Justice Rrhndeis read the
rulinE that the court could find no
constitutional question raised in the
appeal SugarTnan was charged with
making a speech in which he advised
against registration.
Decisions in other cases left pending
at the adjournment are expected.
Among the pending cases is one in
volying the appeal If Eugene V.|Debs
from a conviction on charges of vio-
istion OF the espionage act.