El Paso herald. (El Paso, Tex.) 1901-1931, 1919-11-24
HoImcriT Opinion.

"
United States.
Holiness Opinion.
Justice Holmes while delivering
Dissenting opinion in the case OF a
particular defendant charged with
violation Of the espionage act In cir
war times made this significant pro-
nouncemeut;
Il do not doubt for a moment
that by the same reasoning that
would justify punishment persun-
sion to murder, the United States
constitutionnlly may punish
rneech that produces or f. intend
ed TO produce n clear and immi-
nent danger that Il viii bring
about forthwith certain Huhatln-
tive evils that the United states
constitutiOnnlly may seek to pre-
vent.
The power undoubtedly is greater
in time Of war than in time OF peace
because war opens dangers that do
not exist at other times"
Justice Holmes went on TO say that
publishing OF opinions for the very
purpose Of obstructing the purposes
Of the government would constitute
an attempt 70 create danger for the
government Indeed any effort 10
change the mind OF the country BY
means OF constitutional amendment
or political processes is defensible
and outside OF the Jurisdiction Of
congress, but any attempt that in
cludes physical force and violence
as means Of changing the mind OF the
country constitute sedition in the
judgment OF the department Of JUS
tice and some OF the best authort-
ties on law in the United States
Senate Neglect.
So while il was evident that con-
sress had full power 70 deal with
radicalism both in the press and in
public meeting and that revolutionary
preachment and writing having in
mind the use OF physical force could
clearly be punished, both the senate
and house have neglected 20 do any
thing az all about It IN the several
months in which congress has Just
been in session
Soon the espionage law which was
enacted for war time only and whose
usefulness has been gravely doubted
since the armistice Will be repealed and
unless congress acts 70 retain that
section Of 10 which refers to search
warrants. the United States VIII be
without a federal law to make search
es and seizure This would play into
the hands OF the radicals and anar-
chist who know full well their rights
and could not be raided as hereto
fore and their effects examined II the
espionage law passes out OF exist
eEce-
but II congress f. careless
itself about the matter OF radi-
calism despite the high sounding
speeches that have been made by
the politicians, the states Of the
union are not 80 backward though
only eight Of them have good laws
TO protect themselves.
Good state laws are to be found
in California, Indiana, Michigan, New
York. Ohio, Pennsylvania, Washing
ton and West Virginia. but these must
be supplemented by federal status 70
gather in all the anarchist and
revolutlonists in the country.
incidentally, q is upon the states
that the federal government relies
chiefly for detection OF crime New
York city alone has 1900 policemen
all OF whom are charged with the
duty Of Investigation while In the
department OF justice under an ap-
preparation granted by congress the
maximum number OF men engaged in
investigating the violations OF all the
laws OF the United States Is limited
to about five hundred for the entire
United States
Everybody knows that the treaty
Of peace could have been debated and
voted upon IN half the time that was
devoted 20 that subject in the last
session Of congress, yet vital mat
tiers such as the domestic safety were
calmly ignored by the republican ma
jority which controlled both houses
and compelled adjournment-Cop y-
right 1918. FL Paso Herald