The Richmond Virginian. (Richmond, Va.) 1910-1920, 1919-03-12
SUPREME COURT ON
CASE OF EUGENE DEBS

Washington, March 11.--Eugene V.
Debs must serve the sentence of ten
years Imprisonment at Fort Leavcn-
worth, imposed by the United States
court in Ohio for violation Of the
espionage act, the United States
supreme court having affirmed the
judgment OF conviction. Debs wac
81 ~ A. .efs,A n sAitAr T2'ss Y s''17--r
for president OF the United States.
ne was convicted on two counts ard
given ten years on each. but the SEN
fences run concurrently.
The conviction of Jacob Frohwerk,
a writer for the Missouri Stats
Zeitung. who wrote a series Of articles
for that paper opposig the draft was
also affirmed. He was convicted ON
twelve counts and sentenced to ten
years on each, running concurrently.
The decision Of the court was unani-
nous and was delivered by Justice
Holmes. Although II does not pass
upon the constitutionality of the
espionage act as a whole, 1t indirect
~ sustains the validity OF the section
which makes IL a penal offense to do
anything to obstruct the operation OF
the selective service act or to dis
courage recruiting for the army and
navy.
Justice Holmes made II clear, In the
decision in the Frohwerk case, that
proof OF the conspiracy to do these
acts is sufficient, and II is not incuoent
upon the government to show that
anything actually was done toward
carrying out tho conspiracy. He says:
"A conspiracy to obstruct recruit
| ing would be criminal even IL no
means were agreed upon specifically
hy which to accomplish the intent. II
is enough IL the parties agreed TO
set 10 work for that common pur-
pose"
Again. In the Dobs decision. after
showing that Debs in public speech
IN Canton, Ohio, June is, 1918, had
advocated resistance 10 the draft, the
opinion of the court says:
If in that speech he used words
tending to ohstruct the recruiting ser
vice. he meant that they should have
that effect. The principle is. too. we'll
established and. too, manifestly good
sense to need citation of the books "
Debs was indicted on four counts
growing out of the Canton speech.
TWO OF the counts being dropped at
the trial The counts upon which
conviction was secureI were:
First, that in the speech he caused
and melted and attempted to cause
ard incite INSTRUMENTATION, dis'oyaity,
HIGtinS ana REFUSAL OF. III tne tIiilLdtS
and naval forces Of the United States.
Second. he constructed and attempt
ed 10 obstruct the recruiting and en-
listlnent service OF the United States.
IN his speech, Debs defended three
men who had been convicted for AS
sistine others in refusing TO register
defended Kate Richards O'Hare, a
Socialist writer, who had been con-
victed of ohstructing the enlistment
service, and also defended Rose Pas
tor Stokes. who was convicted OF a
Ike offense. 1t was charged in his
trial that he said In his speech. you
need to know you are fiji for some
thing better than slavery and cannon
fodder"
During the trial. Dehs is said 20
have declared to the jury that he
abhorred war ard would oppose It II
ne had TO stand alone. Justice Holmes
says Of this declaration:
The statement was not necessary
to warrant the jury In finding that
one purpose of the epeech, whether In
f,$deutal or not does not matter was