The Washington herald., 1920-02-05
Attorney General Explains
Failure to Testify on
Graham Measure.
TOO DRASTIC, HE SAYS
Declares Repressive Laws
Would Do More Harm
Than Good.

He told the House Judiciary Cum
mittee that some legislation Is needed
to enable the Department OF Justice
to protect the government from in
dividuals and organizations seeking
to bring about its overthrow by force
and violence His own bill. which
was introduced in the House by Rep
resentative Davey, Democrat, Of OHIO,
he said. offers the simplest way of
this result.
The Sterling and Graham bills, the
Attorney General declared are so
drastic in character that they over
reach their purpose and are not cal
cnlated to aIlay the menace to the
Il must confess that the Graham
bin makes me shudder." he added.
Mr.. Palmer said he declined to appear
before the House Rules Committee
when the Graham bill was under con-
because he could not give
his support to the proposed rule TO
speed up its consideration in the
House
Did Not Turn TniL-
1t was because of his failure to
appear before the Rules Committee
that the Attorney General was
charged with having cold feet" and
turned tail"
Summarizing his reason for askine
for further legislation. Mr. Palmer
said:
l. There is~ a condition of revolu-
tionary intent on the part of both
aliens and citizens. which has reached
The stage Of open threats. sufficiently
widespread to merit the serious con-
of Congress. Z -
3 These threats, are of kind
which do not entitle the persons who
employ them 10 the guarantee of the
so-called right Of free speech.
8. There is no Federal statute now
which adequately meets the situa-
ton.
4 That of the several bills intro
duced and considered by the House
Rules Committee. the Senate Judi-
riary Committee and the Senate. most
Of them are so drastic and sweeping
in their terms that they overreach
their purposes.
5. The situation calls for iegisla-
ton that will carefully safeguard the
of the bill of rights and
also fll the hiatus which exists at
present in the law governing these
matters"
widespread Campaign.
\ mass Of instances" had come TO
the attention of the Department Of
Justice. the Attorney General said.
" hich reveal a condition of affairs
attention. He then pro-
duced numerous documents and pa
pers gathered by agents OF the de-
partment tending to show the exist
ance of a widespread campaign for
the overthrow of the government.
'.All of these documents" he said,
urge in the plainest language the
use of force and violence to bring
about the change in government"
Declaring that many OF these docu-
nrents we're circulated by the Com
rnunist party and the Communist La
Dor party. he stated that the former
party has 5000 members in the
United States, while the membership
Of the latter is even larger.
Declaring the sacred rights of free
speech, free assemblage and free
press at all times should be upheld.
the Attorney General said there
has got to be a deadline if the
is to be permitted to
defend itself as a popular govern
ment in the interest of the people.
Easy to Draw Line.
I'm my opinion it Is easy to draw
tnat line. II OuehI " po vi avn at
the point where the exercise OF
these guarantees amounts to a
Chairman Eolstead told the At
torney General that he thought the
Davey bill is much broader than
either the Graham or Sterling bills,
but still it would not reach those
guilty of melting revolution. Mr..
Palmer did not agree with this
view.
The Attorney General said he
would not be inclined to go so far
as to extend the law to Individual
verbal advocacy of revolution, but
later, in resonse to questions by
Representative Gard. Democrat, of
Ohio. he admitted he would punish
the spoken word" IL it carried any
threat" to commit or attempt to
commit any act of force or violence
against the government or govern
ment officials.
Attorney General Newton. of New
York; Roscoe Pound. dean of the
Harvard Law School. and Francis
Fisher. Kane, former United States
District Attorney at Philadelphia,
who recently resigned because he
was not In sympathy with Mr.. Pal
mer's policy toward the Reds" are
expected to appear before the COM
mittee tomorrow.