Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1920-01-06
THE PRESCRIPTION or CUNT.

When q man having been ooTvict-
ed OF crime b undergoing the punish
ment by law for that crime. II the
judgment Of the law is that he shall
Ebe. deprived OF his liberty, all Of his
acts are subject to the regulation of
the public authorities. He Ii Kept
from communication with the public
except in such ways q the authorities
may permit. and conditions OF hu-
mainly dictate. He Is not allowed to
appear in public or pose ~ q leader
of thought or a guide to action.
For a number Of excellent reasons
the individual accused Of crime 10 pre-
sumed in, law to be innocent until his
fault has been proven in q satisfactory
manner. Sometimes the process ID q
long one. Errors Of various kinds
creep into the procedure. and every
one has a right at least to request the
re-opening Of his case or the reversal
of Judgment by a higher court. When
this is done the individual Is quite
often permitted his liberty under
bonds for his appearance when called
for. All Of this Is proper and humane.
but 1t seems reasonable to inquire
why. after a verdict of guilty has been
rendered against a man. that fact
should not deprive him Of the pre-
sumption Of innocence. at least to the
extent of subjecting him to the con-
troll of the public authorities with ref
erence to his acts while his appear
ance is pending.
Some months ago Victor Berger
with a number Of his associates was
convicted of crimes against the Unit"
ed States government. His attorneys
availed themselves of all the oppor-
tunities provided by law, and secured
the release Of Berger on bail pending
the decision of applications which
they had made. Bonds were furnish
ed, and Berger is at large. In the
meantime having been excluded from
the seat in congress to which he had
been elected. he entered into another
campaign for election to the same po-
sition, conducting his campaign \ in
person with all the speech-making
and other public work attendant upon
it, and was returned by a vicious or
misguided electorate. No restraint is
placed on his movements. He goes
and is he sees tit, makes
speeches when he desires to do so
and is acclaimed a hero by people Of
his own stripe, who flock to see and
hear him. Last Sunday he was to be
the chief speaker at ? gathering of
New York radicals whose business it
is to stir up the very sentiment for
which men are being arrested and de-
ported. -
Admitting that Berger may proper
~ remain out OF jail until his case Is
determined, it seems absurd that I'M
der the circumstances he should be
permitted to assume the role OF a pub
lie leader. A more rational arrange
ment would be to require him to re-
main quiet and unobstrusive, attend
ing to such lawful private affairs as he
may have, but refraining absolutely
from public appearances, either in
person or by written word, until he
ia cleared from the odtum of guilt
which TO- rests upon him. The the
DRY that the presumption OF Innocence
follows a man after a jury has con-
yicted him of guilt seems an utterly
absurd one.
In the same way, A. C. Townley,
who was convicted OF offenses similar
to those of Berger. is conducting him
self in q similar manner. His convic-
ton has not in n way changed his
official status az an innocent man,
and if his lawyers are shrewd and re-
s%ourseful enough, and there happen
to exist isolated facts upon which APP
plication for rehearing and appeals
can be based. there seems to be no
reason why his cas- may not be con-
tinued during the remainder Of hit
natural life and he be permitted in
the meantime to enjoy all the privil-
iges and immuntties of an innocent
man, although he is in reality a con-
victed ne. 1t seems that the law
should recognize some difference be-
tween the man who has been convict |
Of a crime and the man who has
not, ever although an appeal is pend
ing.