Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1919-05-03
DON'T MAKE POLITICAL GRIMES
OF COMMON-LAW oFFENSES
The Sedtion Bill Is Unnecessary Be-
cause the Criminal Code Already
Covers the Case


Covers the Case
7 Avs drafted and passed in panic
- mood usually do either more or less
than the situation demands. Sometimes
they merely create confusion by dupll-
eating laws already in existence
The "sediton bill" now before the
Legislature is one Of the most perfect
examples of panic-drafting ever pro-
duced.
Criticism of it has already induced its
sponsors to agree to eliminate one of its
provisions. 1t was pointed out at once
that to define sedition as an attempt Ito
incte or arouse discomfort against the
government of this state or the United
States" would render every critic of a
corrupt administration in Harrisburg
liable to prosecution. This provision,
according to an announcement made by
Attorney General Schaffer, is to be re-
moved.
But if the reputable citizens of the
state are to be protected in their right
of criticism and of instituting actions for
the punishment of public officials, the
paragraph making it seditious 'to incite
or encourage any person to commit an
overt act with a view to bringing the
government of the state into contempt
should also be eliminated.
A corrupt and unscrupulOus governor
could say to his accusers that their
attacks upon him and their action in
demanding his arraignment in court were
bringing the government of the state
into contempt and could hale them into
court under charges of sedition if this
bill should become law.
Why, contempt" is the very word
party leaders under attack invariably
use. They usually complain that the
newspapers by their criticism of admin
istrations hold the government up to
contempt.
When these Objectionable paragraphs
are removed. paragraphs which are about
the only new matter III the bill, nothing
remains which is not already covered by
existing statutes that have been in force
for nearly sixty years.
Let US look at the various subdivisions
defining sediton. Paragraph q is to be
taken out 1t is the one about melting
discomfort with the government. Para
graph b deals with "any outbreak or
demonstration of violence against the
state or the United States and paragraph
c covers the encouraging of any person
or persons to overthrow or attempt to
overthrow by force or show of force the
government of either the state or the
nation.
The existing criminal code by its riot
sections provides penalties for any kini
of an outbreak or demonstration. riot
is a disordery procedure participated in
by three or more persons. And the trea-
son section Of the present laws provides
penalties for attac,:s by force upon the
government of the state. The courts
have held that labor riots which require
the state troops to be called out are
reasonable.
Paragraph d, referring to disturbing
the peace and good order, is also covered
by the existing anti-riot laws. Para
graph should go along with paragraph
q. for it refers to melting to an overt act
which will bring the government into
contempt Paragraph t, penalizing in
citement to do injury to any officer of
the state or the United States, or to de-
stroy any public property, and paragraph
q, dealing with the damage or destruc
ton of public property, are covered by
the existing code provisions on arson,
carrying deadly weapons with intent to
iniure, with conspiracy to do any unlaw-
full act and with assault by the use of
explosives or corrosive substances and
by the provisions dealing with murder.
The penalties are severe.
Paragraph h. referring to the advocacy
of crimes of violence and the preaching of
: terrorism, is unnecessary because the
existing laws against conspiracy and
. defining accessories to crime cover the
} ground. The next paragraph, dealing
with the sale of publications or docu-
/ ments advocating sedtion, is an elabor-
alton of that which precedes it and seems
to be provided for in the code already in
! force. Paragraph j, which makes sedi.
tious the ore anization of or membership
) in an assembly or group intended to advo,
{ cate assault upon state or national off
GERS or to urge the destruction of state
r or national property or the overthrow
by force of the state or national govern
ment, is an attempt to prevent crimes
before they are done; but the conspiracy
and treason laws are doubtless strong
n enough to cover any real offense. Anc
r the last paragraph, making the person
!, who rents building for seditious pur
d poses guilty of the kind of sedition tn,
!. bill defines, does not do any more thar
5 the anti-conspiracy laws do, save by
S specifically mentioning the owners o
y buildings.
! About the only change the proposes
| law makes is to increase the maximum
: penalty to q fine of $4,000 or impriscn
nenf fpr twenty years or both