Evening star., 1922-08-18

toned rights to lawful pursuits, to
work and to live and choose their
own lawful ways to happiness. In
these strikes these rights have
been denied by assault and vio-
lence, by armed lawlessness. In
many communities the municipal
authorities have winked at these
violations, until liberty is mock
cry and the law matter of COM
munity contempt 1t Is fair to say
that the great mass of organized
workmen do not approve. but they
seem helpless to hinder. These
conditions cannot remain in free
America. If free men cannot toll
according to their own lawful
choosing. all our constitutional
guarantees born of democracy are
surrendered to mobocracy, and the
freedom of hundred millions is
surrendered to the small minority
which would have no law.
1t is not my thought to ask Con-
gress to deal with these funda-
mental problems at this time. No
hasty action would contribute to
the solution of the present critical
situation. There Is existing law by
which to settle the prevailing dis
putes. There are statutes forbid
bing conspiracy to hinder inter-
state commerce. There are laws
to assure the highest possible
yafatv In
purpose to invoke these laws, civil
and criminal, against all offenders
alike.
The legal safeguarding against
Legal Safeguards Needed.
like menaces in the future must
be worked out when no passion
sways, when no prejudice in
fuences. when the whole problem
may be appraised, and the public
welfare may be asserted against
any and every interest which as
sumes authority beyond that of
the government itself
One specific thing l must ask at
your hands at the earliest possible
moment. There Is pending a bill
to provide for the better protec-
tion of aliens and for the enforce
ment Of their treaty rights. 1t
Is measure, In short, to- create a
Jurisdiction for the federal courts
through which the national gov
eminent will have appropriate
n fs, h..
rights secured to them under treaties
and to deal with crimes which affect
our foreign relations.
The matter has been before Con-
gress on many previous occasions.
President Tyler, in his first an
nual message. advised Congress
that inasmuch as the government
is charged with the maintenance of
peace and the preservation of am
icable relations with the nations
of the earth. it ought to possess
without question all the reasonable
and proper means Of maintaining
the one and preserving the other"
President Harrison asked for
having encountered deep embar-
rassment which grew out of the
lynching of eleven aliens in New
Orleans in 1891. President Nc
Kinley. dealing with a like prob
lem in 1899. asked the comforting
upon federal courts jurisdiction in
that class Of international cases
where the ultimate responsibility
OF the federal government may be
involved. President Roosevelt ut
tered like request to Congress
in 1906. and President Taft pointed
out the defect in the present fed
eral jurisdiction when he made
his inaugural address in 1909. He
declared that ut puts our govern
ment In a pusillanimous position to
make definite engagement to pro-
tect aliens and then to excuse the
failure to perform these engage
ments by an explanation that the
duty to keep them is in states or
cities not within our control. If
we would promise, we must nut
ourselves in a position to perform
our promise. We cannot permit
the possible failure Of justice, due
to local prejudice in any state or
municipal government, to expose US
to the risk Of war which might be
avoided If federal jurisdiction were
asserted by suitable legislation by
Congress-"
Touches ON Herrin Horror.
My renewal of this oft-made recon-
mendation is impelled by a pitiable
sense of federal impotence to deal
with the shocking crime at Herrin,
ILL.,. which SO recently shamed and
horrified the country. In that butch
cry OF human beings. wrought in
madness. 1t is alleged that two aliens
were murdered. This act adds to
the, outraged sense of American JUS
tice the humiliation which lies in the
federal governments confessed lack
Of authority to punish that unutter-
able crime.
Had it happened in any other land
than our own. and the wrath of
righteous justice were not effectively
expressed. we should have pitied the
civilization that would tolerate and
sorrow for the government unwilling
or unable to mete out just punish
ment.
have felt the deep current of
popular resentment that the federal
government has not sought to efface
this blot from our national shield,
that the federal government has been
tolerant Of the mockery Of local in
quiry and the failure Of justice in
Illinois. 1t is the regrettable truth
that the federal government cannot
act under the LAW. But the bestowal