Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1919-03-10


section of the espionage act of
1917.
The opinion Of the court was unani-
nous.
AS in the case Of the espionage
cases decided last Monday. the su-
preme court in its opinion again to-
day made no specific ruling upon the
constitutionality Of the espionage act.
The court based its opinion largely
upon that part of the indictment
charging obstruction of recruiting
service, which was unanimously af-
firmed.
This part of the act which is sec
ton 8, part 1, is the most drastic in
misdemeanor to circulate. false re-
ports, purpose of interfering with mill
itary and naval operations and en-
listments, but also prohibits the ut
terance of or writing of ''disloyal, pro-
fame. scurrious or abusive language"
about the American form of govern
ment. military forces, flag or uni
forms or which is intended to bring
them into contempt or intended to
encourage resistance to the United
States or to cripple the country in
the prosecution of war.
Debs, four times a candidate for
president Of the United States, began
life as locomotive fireman on the
Terre Haute and Indianapolis rail-
Ind, sixty years ago. For years he
was prominent in the firemen's
brotherhood, playing an active part in
several big strikes. In 1885 he was
a member Of the Indiana legislature.
In 1900 We ran for presidskst on sthe
ss.cisi y,s,nscrn q e1 1. Is, ticket aI1a a
l 1904 long and 1919 .l.st% 80 "a Z
The indictment Q (which lDebs was
convfcted charged him with attempt
ing to incite "insubordination, disloy-
atty, mutiny and refusal of duty in
the military and naval forces, at
tempting to obstruct recruiting and
enlistments and with uttering and
publishing language intended to pro-
woke and encourage resistance to the
United States as we'll as promote the
enemy's cause. The indictment con-
tained ten counts. but conviction was
only on three. 49, .hwa
When placed on trial Debs called
no witnesses in defense and made the
only argument in his own behalf. In
appealing to the supreme court, he
ATTACKED the admission in evidence
by the lower court of the st. Louis
Socialist platform, which he had in
dorsed, and records from the trial
of Rose Pastor Stokes alleged he had
been tried on his estate of mind"
Validity of the espionage act was also
attacked by Debs, who alleged it vio-
lated the right of free speech.
In opposing the appeal in the su-
preme court the government denied
the act was unconstitutional, but ad-
mitted that 1t was not convinced that
the facts charged in the indictment al
leging the utterance of language de-
signed to encourage resistance to tho
| cknk al 70 0tn "a
emy's cause, were sufficient to war
rant conviction on that count For
that reason, the government made no
further contentious relative to that
charge.
Congress, in enacting the espionage
act, the government further contend
ed, intended to cover all willful inter-
ference with the process of raising an
army and argued that constitutional
guarantees of free speech do. not In
clude intentional Indictment to VIOLA
tions of law. ~
Justice Holmes, delivering the opin-
ion, reviewed the statements made by
Debs in his Canton speech and also
the charge that had been made by the
lower court to the jury.
"Without going into further par
ticulars,' Justice Holmes said, I'VE
are of the opinion that the verdict on
the fourth count for obstructing and
attempting to obstruct the recruiting
service for the United States must be
sustained. Therefore, it is less i'm
portant to consider whether that upon
tempting to cause characterization.
etc. in the military and naval forces
is equally impregnable. The jury was
instructed that for the purposes of
the statute the persons designated by
the act of May 1S, 1917 (selective
service act), registered and enrolled
under 1t and thus subject to be called
of the military forces, of the United
StAtes. The government presents q
strong argument, from the history Of
the statutes that the instruction was
correct and in accordance with estAb-
| lished legislative usages. We see no
sufficient reason. for differing from
/ the conclusion but think 1t unneces-
4 sary to discuss the question In detail" |"
The main theme Of the pebs speech,
4 Justice Holmes said was Social alism,
4 It's growth and a prophesy Of Its ulti-
with that he continued, ..we
have nothing to do but IL part OF
4 the manifest of the more general ut
4 terances was to encourage those pres
ent to obstruct the recruiting service
and II in passages such encourage
fof the general theme may not be
enough to protect the speech. n
i sSs Not Necessary. y .s.g &.
Referring to statements made BY
4 Debs while addressing the jury In
which he said: II have been accused
LOT obstracting the war. ! admit II.
IGentl6men. I abhor war. would OPP
pose the war sif I stood alone" Justice
4 sSs1s .t~ter, ,,r% -,