The New York herald., 1921-12-31
DAUGHERTY EXPLAINS
WHY DEBS IS FREE
Solely an Act of Grace to Com
mute Sentence, Says At
rney-General.
HIS AGE ONE FACTOR
Another His Position as Fore
most Leader in Socialist
Organization.
HIS AGE ONE FACTOR

WASHINGTON, Dec. 30.--With small
hope that Eugene v. Debs. upon being
released from Atlanta prison. would
drop from his position as ''one Of the
greatest Socialist leaders of the world"
Attorney General Daugherty recon-
mended the communication of his sem
tence to President Harding.
That became known tonight when
the Attorney General made public his
letter to the President in Debs's case.
The Attorney General admitted that
Debs himself had made no effort to
get out of prison, but in what ap-
parently was the most significant pas
sage Of the entire letter. stated that
thousands of communications had
been received by his office from per-
sons Who apparently regarded Debs as
martyr. and his continued imprison-
ment unjustifiable.
The Attorney-General set forth as
other considerations Debs's age
(Which is 66): and that because of
his position Of leadership, and prob
ably the foremost thinker in the
Socialist organization, a heavier sem
tence had been imposed on him than
would have been fixed on less i'm
portant citizen.
Regard Debs ms Sincere.
Communication OF sentence" the At
torncy- General said would be an act
OF grace and would not In any sense
indicate that the Government condoned
Debs's Canton speech. which led to his
conviction under the Espionage act.
"Debs's gratitude" he said. will be
measured by his conduct in the future"
Many of the arguments that were
p1 1esented to him in Debss behalf. Mr..
Daugherty admitted. were specious or
Illogical. one being that Debs was po-
litical prisoner end should have been re-
leased at the end of the war. But some
Of the political prisoners" he added,
were sincere.
Il have no hesitation in saying" said
the Attorney-General, that / regard
Debs as sincere in the attitude he has
taken. but that fact does not justify
the belief that an extension of clemency
will alter the views he entertains. al
though 1t may be that his experience in
the penitentiary will cause him to re-
strain his utterances In the future"
And he continued: "If the theories of
government advocated by the defendant
were to be substituted for our sound
and established principles, to which we
as nation must adhere, weswould have
no Government and we would have no
country"
Against these considerations the At
torney-General placed those already
mentioned and expressed belief that
Debs Is not "a normal man mentally"
on the subject of free speech, which is
an "obsession" with him. He said he
had recommended that the Communication
be not effective until December 81.
The Attorney-Genera reviewed Debs's
Canton speech. which he found full of
"innuendo" and Invitation to his follow
ers to defy the law. and even to be
''rcvolutionists." lie quoted Debs's state
ment following the conviction OF Rose
Pastor Stokes for obstructing the re-
cruting and enlistment service of the
United States. that he was in perfect
sympathy with her, and IF she ought
TO be i'm the penitentiary he ought also
to be there" AS to the fairness Of
Debs's trial. Debs himself admitted II
was fair, only the act was unconstitu-
tional, and tho act was upheld by the
Supreme Court.
Dauaherty's Analysis.
Mr.. Daugherty thus analyses his own
arguments and those presented by
Debs's friends
upon what possible ground. therefore,
can clemency be granted without placing
a premium upon disloyalty. !awlessness
ond defiance OF the authority OF the
Government? The duty of all good citi-
--,ns "a to obey the law, irrespective of
whether the individual believes Il TO be
wise or just or constitutional, or at least
until its validity has been officially de-
termined. and after It has been so de-
termined then to be guided by the final
decision even though IL may not be In
accord with his views. No government
can exist which permits the Individual
Continued on Page Thirteen.