New-York tribune., 1921-04-02
Citlow Eoses e,
Appeal; Must
Serve 5 Years
Law Under Which Socialist,
Former Assemblyman,
Was Convicted of Anarchy
Is Declared Constitutional
Court Warns Agitators
No Protection for Radicals
Who Urge Overthrow of
Government by Violence

The Appellate Division yesterday
sustained the conviction of former AS
scmblyman Benjamin Gitow and his
sentence of from five to ten years for
revolutionary utterances in commu-
nstic manifesto. Tho decision was ac-
companied by an opinion condemning
the acts of the Gitlow element and their
purposes to overthrow the government
by the use of violence. The court at
the same time sounded note of warn
ing against these activities.
1T was the contention OF the Gitlow
counsel that the law against criminal
anarchy under which he was convicted
was unconstitutional. Justice Laugh
I'm, who wrote the opinion of the An
pellatc Division, said
II know of no right on the part Of
Aliens who arc members of the Left
wing. and here merely by the suffer
ancc OF our government. to advocate
the overthrow of our constitutional
form OF gocrnmcnt by unlawful means.
and surely naturalizcd citizens who
have sworn to uphold the Constitution
nave no right to advocate it's over
throw otherwise than through tho bal
lot box and as provided for by amend
mcnt.
GitIow Helped Form Left Wing
"itlow was one of the members of
thc Socialist party who succeeded and
formed the Left Wing The manifesto
which caused the conviction of Gitlow
condemned the Socialist party for con-
nnlng Their advocacy of reforms alone
lawful and constitutional grounds and
advocated disregard of laws and courts
ne convicted man also advocated a
massed strike against all industries.
ne articles in question:" wrote
'rSIcc Laughlln. ARE not a discussion
Tl IDEAS or theories. They advocate
ooc'rlne deliberately determined upon
and planned for militantlv dissent
mating propaganda advocating that it
is the duty and necessity of the prolc-
'ar'at engaged in industrial pursuits to
organize to such an extent that. bv
massed strike, the wheels of govern
meht ultimately may be stopped and
INC government overthrown. and all
puDiIc and private property expatriatcd
snd natlonalized and administered for
a ''mc through a proletarian and ma
t'onsilzed dlctators.l nip, and thereafter
IN some manner not very definitely dis
crossed, administered by and for tbo
prolctariat." Wv
Secrecy Shields Originators
.. continuing, Justice Iaughln said:
II Is evident that the organization Of
inc proletarat. as advised and urged
and' the spread of the pcrnicious doc,
'rlhc arc TO be effected in the main
ePe'iy, TOR VIC are not Informed who
IS TO determine when the time for
massed strikes will be ripe or who is
10 call them. and it is evident that a
iaw so limited might only become ef
.,scp'Ne spontaneously with the over
1nro| OF government, when there
would be neither prosecuting officers
.'oi courts Tor the prosecution and
punishment OF the crimes.
so 'af therefore, as it is com
po.e"t 10Y the Legislature to enact
Ia"s TO prevent the overthrow OF gov
eminent by unauthorized means. | am
ol 'hc OPINION that% the initial and
every other act knowingly committed
1or the accomplishment of that mr.
pose may be forbidden and declareG to
ne CRIME. We must assume that tho
Legislature deemed that unless the
advocacy of such doctrine we're nro-
h'Dited there was danger that sooner
or later the government might be over
thrown thereby. That, think. was
sufficient to warrant the enactment os
the statute'
Justice Laughln added "Nor have
native born citizens of alien parentage
such as this appellant is, or anv Other
ci'zcn' such right to advocate the
overthrow Of the constitutional row
efnment), and they should not be heard
10 invoke the protection of the Consti-
lutlon Tor acts, deliberately performed.
CALCULATED and intended to overthrow
and nullify it by unauthorized r,o.rs :,