Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1919-03-11
SUPREME COURT
SAYS DEBS MUST
SERVE SENTENCE
Tribunal Unanimous in Af-
firming Socialist Lead
er's Conviction.
WILLFULLY OBSTRUCTED
RECRUITING OF ARMY
Espionage Act Not Interference
With Constitutional Right
of Free Speech.
EDITOR LOSES on FINAL Appeal.
Jacob Frohwcrk, Kansas City News.
paper Man, Must Also Spend
Decade in Prison.
WlLLFULLY OBSTRUCTED
RECRUITING OF ARMY
EDITOR LOSES ON FINAL APPEAL
Jacob Frohwcrb, Kansas City News
paper Man, Must Also Spend
Decade in Prison.
iRv Associated Prrss l

WASH1NGTON. March lo.-Convic-
tons under the espionage act Of E.u-
scnc V. Dcbs. Socialist leader. and
JACOB frohwerk a newspaper editor
or 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
const!tutionai!,y OF the act. the court
N effect did declare valid the so-calied
Snistmcnt section and reaihrmed its
opinion tho espionage law Is not an
interference with the constitutional
right Of free speech.
inc opinion Of the court was unani-
nous. AS in the case of the espionage
cases decided last Monday, the Su-
prcinc Court. in its opinion. again to-
Gay made no specific ruling upon tho
gonsiitutionalty of the espionage act,
upon that part Of the Indictment charg-
ing obstruction OF recruiting service,
which WAS unanimously affirmed
WAS foun TIMES ~ RACE
FOH PRESIDENTIAL OFFICE
Dcbs. four times a candidate for
PRESIDENT OF tho United states, began
!tfc locomotive fireman on the Terre
Hauic and Indianapolis Railroad. He
vas born in Tcrre liautc. Ind. sixty
four years ago
For years he was prominent in the
hrcmcn's brotherhood. playing an active
parl In several big strikes.
In 1885. he was member OF the In
diana Legislature. In 1900 hosran for
president on the Socialist ticket, anu
he was the candidate for the Socialist
part! IN 1e6t. 1905 and 1912.
The indictment on which Dcbs was
convicted charged him with attempt
ing TO invite ''insubordanation, dis
i4Saity: mutiny and refusal of duty in
the military ana naval forces" at :
I'M a
enlistments. and with\ utterinS and
publishing language intended 10 pro-
yoke and encourage resistance 10 the
Lnited States, as ".ii as TO promo, :.
Inc cncmEs cause The indictment
contained ten counts. but conviction
"as only on three.
CALLED NO WITNESSES
IN HIS OWS DEFENSE
When placed on trial. Debs called no
Witnesses in defense. and made the
only argument in his own behalf. In
4ppca ling to the Supreme Court he at :
lacked 'he admission Of evidence by
me lower court Of the st. Louis So
calisi platform which lie had indorsed
and records from the trial OF Rose pas
Tor stokes. and alleged nc had been
OF the espionage act WAS also attack ed
by Debs, who alleged 1t violated the
right OF free speech.
In opposing the appeal in the Su-
p!eine Court, tho government denied
the act was UNCONSTITUTIONAL but ad-
nlitted il was not convinced that the
facts charged in the indictment alles-
ing the utterance of language designed
20 encourage resistance to the United
states and to promote the enemy &
eausc were sufficient to warrant con
''9:ion on thnt count.
made no further contentious relative
20 that charge.
Congress, In cnac,ins the espionage
act, the government further contended
n a
cnce with the process OF raising an
army. and urged that constitutions a
gnarantees of free speech do not in
lions of Law.
FRoHWERi> CRITICIZED
AMERICAN PARTICIPATION
Frohwerk's conviction resulted from
articles written by him and published
~ the Missouri Stats Zeitung. criti-
cizius the United States participatior
in tho war.
Some attorneys interpreted the fail.
Urc OF the court TO give Il direct opin
on as to the constitutionality OF the
espionage act as indicating it's inten-
tion 10 pass upon the merits Of each
Individual case considered by it,
me court today granted petition:
asking ii to review the case OF II T.
t<irchner. convicted under the espion.
age act because of statements made in
u recent speech at Elizabeth. w Va
in which he declared the Governmen;
corrupt and was controlled by the
moncyed interests lie was sentenced
to two years imprisonment. \ numbc
OF other espionage cases arc now be.
forc tho court. while about seventy.
i've cases Involving charges similar tc
those AGAINST Dcbs are pending in an.
hcliatc courts over the country!
HELD DIIIsS Guilty OF
OBSTRuCTING RECRUITING
In affirming Debs' conviction Justice
Holmes reviewed the case in detail ant
held in effect that Dcbs had bee,
Suilty Of willful attempt to obstruc
recruiting and the jury had been prop
crlv instructed by the lower court
Regarding the Frohwerk case. Jus
;icc ltolmcs declared tho first amend
mcnt 10 tho Constitution. while pro
hibitinS legislation against free spceci
as such, was obviously not intended I,
give immunity for every possible us,
of language.