Newark leader. ([Newark, Ohio]) 1917-1946, 1920-04-02
Different View Now
ADVOCATES OF SEDITION LAW
ARE CHANGING TUNE
If the SeditiOn Law Theory is Ac-
cepted Government by Law
Would Be Suspended

w washington - OeulC1On law aQVO-
Gates no longer insist-publicly- that
it should be unlawful to change our
form of government, or to elect, for
instance, judges of the United States
supreme court. The seditionites now
say they want to "protect the gov
eminent against violence"
Opponents of sedition legislation
insist that present laws are sufficient,
and they make the point that if the
contrary were true it is not necessary
to pass a law filled with jokers
against free press and free speech
Sedition bills now pending in con-
gress make it unlawful to write or
speak words that "tend to incite."
The Davey bill, which is being urged
by Attorney General Palmer, makes
illegal "any a ct of terrorism, hate,
revenge or injury"
Under our form of government,
penal law is laid down with clarity.
1t is stated definitely, and when a
man is charged with crime it is clear
ly defined in the indictment. Sedition
law is based on opposite principles,
and the prejudices of federal judges
and district attorneys have full sway
in defining WI nat is meant by "ter-
rorism," "hate" or tending to in
cite" AS there can be no fixed rule
for these tern IS, government by law
is replaced by government by men.
Any strike of wage earners could be
held seditious by a federal court
where the pub blic press has developed
a feeling against the workers as in
the steel and coal strikes.
Testifying before house commit
tee, Alfred Bettman opposed sedition
legislation in any form and insisted
that its adoption would have an effect
contrary from that intended. Mr..
Bettman was special assistant United
States attorney general and was in
immediate charge of the espionage
cases in this city until last May.
He declared that the history of
every country proves that repressive
laws have failed of their purpose.
"Personall," he said, 81 think it is
a Psychological or physiological fact
that suppression increases the rebel
lious feeling, so that there is a cer-
tain safety in not instituting a policy
of suppression. | am not now talking
about acts against the state. l am
not talking about the man who COM
mits any act against the state. The
man who incites riot-and riot
means that somebody attacks some
body or something-the man that in
cites that thing should be held guilty,
and should be punished accordingly.
/ think one of the favorite quotations,
and one of the best ones is from the
speech of Lord Erskine to the jury
in the famous case of Thomas Paine.
Thomas Paine, during the period that
l am describing to you, was indicted
in England under the seditious libel
act for Book Second of the Rights
of Man. Erskine said:
"When men can freely COM
municate their thoughts and
their sufferings, real or imagi
nary, their passions spend them
selves in air, like gunpowder
scattered upon the surface. But
pent up by terrors, they work
unseen, burst forth in moment
and destroy everything in their
course. Let reason be opposed
to reason, and argument to ar
gument, and every good move
ment will be safe. Thus have
maintained, by English history,
that, in proportion as. the press
has been free, English govern
ment has been secure
"And I think that" said Mr.. ,Bett-
man, "is true in America, and that
it is true of all countries. That in
proportion a IS speech is free, every
good government is safe"