The Washington herald., 1919-03-11
Says Free Speech Guaran-
tee Doesn't Protect All
Kinds Of Language.
OPPOSED DRAFT LAW
Judgment Against Jacob
Frohwerk Affirmed on
Same Grounds.


sentence Of ten years imprisonment
At Fort Leavenworth imposed by the
United States Court in Ohio for vio-
lation Of the espionage act, the United
States Supreme Court having affirm
the judgment of conviction yesterday.
Debs was CONVICTED on two counts
and given ten years on each. The
sentences. run concurrently.
The conviction Of Jacob Frohwerk.
a writer for the Missouri Stats Zen
tung, who prepared a series Of ar
ticles for that paper opposing the
draft. was also affirmed. He was
convicted on twelve counts and sem
fenced to ten years on each, run
ming COnCurrently.
In the Frohwerk decision Justice
Holmes touches upon the argument
that the conviction violates the pro-
visions Of the first amendment to the
Constitution which guarantees free
dom Of speech. He remarks that the
amCnCment was not intended to give
immunity for every possible use or
language. We venture to believe that
neither Hamilton nor Madison nor
any competent person then or later
ever intended that to make criminal
the counseling OF a murder within
the Jurisdiction of Congress would be
an unconstitutional interference with
free speech"
Conspiracy Proved, Verdict.
The decision of the court was unani-
nous and was delivered by Justice
Holmes. Although II does not pass
upon the constitutionality OF the es-
piOnage act as a whole, it indirectly
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 it clear in the
decision in the Frohwerk case that
proof Of the conspiracy to do these
acts Is sufficient and It is now incum-
bent upon the government to show
that anything actually was done to-
ward carrying out the conspiracy. He
says:
"a conspiracy 10 obstruct recruit
ing would be criminal even II no
means We're agreed upon specifically
by which to accomplish the intent.
II is enough il the parties agreed
TO set to work for that common
purpose"
Again. in the Debs decision, after
showing that Debs in a public
speech in Canton. Ohio. June 16,
1918. had advocated resistance to the
draft. the opinion Of the court says:
IF in that speech he used words
tending to ObstruCt the recruiting
service. he meant that they should
have that effect. The principle is
too well established and too mani
festly good sense to need citation or
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 secured were:
First. that in the speeches he
caused and melted and attempted to
cause and incite insubordination.
disloyalty, mutiny and refusal OF
duty in the military and naval
forces of the United States.
Second, he obstructed and at
tempted to Obstruct the recruiting
and enlistment service of the United
States.
In his speech Debs defended three
men who had been convicted for as
Sisting others in refusing to register.
defended Kate Richards O'Hare,
Socialist writer. who had been con-
victed Of ObstruCting the enlistment
service. and also defended Rose Pas
tor Stokes. who was convicted of
like Offense. Il was charged in his
trial that he said in his speech, You
need to know you are fit for some
thing better than slavery and cannon
fodder"
Said He Abhorred War.
During the trial. Dehs is said to
have declared to the jury that he ab-
horred war and would oppose It IL he
had to stand alone. Justice Holmes
saws OF this declaration:
The statement was not necessary
to warrant the jury In finding that
one purpose Of the speech. whether
incidental or not. does not matter,
was to oppose not only war in general,
but this war and that the op-
position was so expressed that its
natural and intended effect would be
10 obstruct recruiting. IF that was
intended. and if in all circumstances
that would be its probable effect, 1t
would not he protected by reason of
its being part OF a general program
and expressions Of general and con-
scientiOUs belief"
Debs Defies Court.
TCrTe Hate, Ind, March 1O.-'I defy
the Supreme Court to do its worst"
declared Eugene V. Debs today, in a
formal statement on the upholding of
his convictions OF an espionage charge
By the Supreme Court
Il told the court when I was con-
victed that the law was despotic. and
have not changed my mind in the
least I am not concerned with what
those be-powdered. be-wigged corpo-
ration attorneys at Washington do.
I am going to celebrate tonight by
taking Mrs. Debs to a picture show"
Convicted Man to Speak.
Cleveland. March 10-Eugene V
Debs is scheduled to address a meet
ing here Wednesday night Federal
officials today said he would be per-