The toiler. [volume] (Cleveland, Ohio) 1919-1922, 1921-04-16
WORKERS AND
THE STATE.
BY Walter T. Johnson.

in the existence Of ninety-nine cias-
SOS OF course he has his own idea
of what constitutes class. He cam
not point to ninety-nine class strug-.
sies. We see w classcs AMI one
struggle. The State, including Con-
gress. the courts and troops, IS the
instrument of the one class, the
capitalist class, against the Other,
class. the workers. Throughout she
world the struggle is becoming clear
er and more bitter Where civil war
between the classes is not continuous :.
and widespread, it nevertheless
breaks out here and there every day.
In this country we observe that the
use of armed force in industrial dis
putes is increasing. Some OF the
battles in this civil war are Butte,>
the Great Steel Strike, Colorado, the
Boston Police and West Virginia.
We are living in an epoch OF civii
war. More than ever the working
class needs a strong organization.
The decisive struggle is coming. Inc
vanguard of the working class, con-
sisting of those who understand the
struggle and how to fight it, must
be ready. Without this vanguard OF
workers which places the interests
of the whole workingclasst above that
Of any group of workers, success
fu, revolution will not be possible.
The capitalists understand that fact.
That is why they make it illegal TO
he Communist. And this is how
they do it: ).
New and apparently Wconstitu-
tional laws were passed for the pur-
pose of furnishing or deportlng IN
diyiduals for being Communists, ANY
law which is passed to punish poll
tical opinion or to prevent political
organization is apparently unconstl-
tutional A law which may be un-s
constitutional is usually not rigorous
! ,ly enforced until it has been tested
!. I'm a higher court. There is rule
which has been established in GRIM
n ;nal procedure that where the con-
Il stitutionality of stutute and us
lcorrect interpretation have not been
! olpassed upon a higher court, or IN
I. casas ui,ere some new questions OF
7, sact are involved, certificate ei
/, Reasonable doubt should be granted
thus giving the defendant the benefit
a. Of the doubt.
But when it comes to trying class
conscious worker for taking part In
q 1.-The class struggle, then the courts
" refuse or forget to grant a certi-
: ficate of reasonable doubt. He is
: guilty. of leading his class, therefora
!. he is guilty, however old the law or
:. however new, and whatever doubts
there may be about its being con-
% stitutional.
Ben Gitlow was convicted over a
-Iyear ago. His case was full of un-
ia usual features. 1t was the first IN
stance in which law passed IL
years before was used. The consti-
le tutionality and the proper construc-
re tion of the law had never been pas
ID sed upon by higher court. There
were questions Of fact in the case
so novel that no legal precedent
existed. But in spite of all these un-
ne usual features the court refused to
tn grant certificate Of reasonable
90 doubt.
90 Take down your dictionary and
p look. up .the word Ajustice." Or, bet
ter still, borrow your children's
school book on the American Gov
ernment and read what it says about
Judges being independent and am
partial. Then think about the cost
GO @ of living and big business trying to
~ break up your unions. Then read
=, 20 what the judge said in Ben Gitlow's
~ trial: "When I consider what oppor-
~ :. tunities this country offers all its
. - inhabitants, find it difficult indeed
- to be patient with defendants like
these"
rt Two months ago the case was ap-
rt pealed, but so far there has been
ic- lno decision. The appeal will most
n probably be dismissed and then i
at will be necessary to carry the case
ed to a still higher court the Court Of
al Appeals, and perhaps to the United
ch States Supreme Court. This will cost
lot of money. Congress cannot re-
duce the salary Of Judge, but lega'
red tape can make 1t more and NOR!
ty expensive for a worker to have bis
'ts case heard in court.
". Ben Gitlow's case is one of>many
ed 1t is the first of the Communist
ne cases. The cases Of Harry Winitzky
jim Larkin Ruthenberg, Ferguson
u. and Georgian arc just as urgent
". Read the Toiler and learn what hap
he pens. -
pw In the meantimes raise money fol
,is their defense. Send your contribu
tions to Geo. M. Dunaif, Treasurer
= National Defense Committee, SSi
- Stone Avenue, Brooklyn, N. Y. Sci