The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1924-10-18
lawyers argue
ON CONVICTION
OF RUTHENDERG
Walsh and Ferguson in
Court for Communist
(speoIaI to Lac Daily Workerl


The supreme court of Michigan
today heard arguments for re-
versaI of the conviction of G. E.
Ruthenberg, executive secreta-
ny of the Workers Party, for
assembling with" the Com
munist Party at the Bridgeman
convention in 1922.
Attorney Frank P. Walsh
opened the hearing with a
statement Of the facts in re-
gard to the case, showing that
there was no evidence submit
ted that the Communist Party
had at the Bridgeman conven-
ton made any advocacy in vio-
lation of the criminal syndicalist
law of the state Of Michigan and that
the said case was based upon the as
sumption that the mere assem- milling
Of an organization which elsewhere
had adopted a statement of principles
construed to be in violation Of the
criminal syndicalist law in the state
of Michigan was crime and that a
person assembling with such an or
ganization could be convicted Of a
crime.
Judges Ask Questions.
The statement of the facts in the
case by Walsh brought flood of ques-
tons from the judges, who seem
particularly interested in the fact
that literature and documents which
the prosecution claims were found
in barrel buried on the grounds
where the convention was held has
been used as evidence against Ruthen-
berg.
1t was one Of the contentious Of the
defense that this evidence" was in
admissible and that the trial Judge
Charles e. White, erred in permitting
the prosecution to read from 'The
A B Of Communism" and the pro-
gram Of the Communists, particularly
to read sections dealing with religion
during the process of the trial.
Assistant Attorney General o. L.
Smith followed Walsh. His method
St. Joseph, depending upon vitupera-
ton against the Communists in place
lof argument to meet the legal points
iof the defense.
Under the questioning of the judges
Smith finally was forced into corner
and admitted eff there is no evidence
to show that the Communist ad-
vocated doctrines in violation of the
criminal syndicalist law at the Bridge
man convention, then we are out of
court"
Attorney I. e. Ferguson replied to
Smith for the defense.
He declared, "There is nothing in
this record to show that the Commun-
list Party advocated ideas in violation
of the criminal syndicalist law in the
state of Michigan.
eff Mr.. Smith admits that he is out
Of court, if there is no proof of ad-
vocacy in Berrien county and the
state of Michigan, then this court can
not do otherwise than to reverse the
judgment of the trial court
For, in instructing the jury, the
trial judge, Charles E White, said
the following: "In order to convict
this respondent it is not necessary
that the jury should find that the
Communist Party Of America that is
the group or society which assembled
at Bridgeman actually advocated the
doctrines of criminal syndicalism
within the county Of Berrien."
Hits Assembly Clause"
Continuing his argument, Ferguson
said: "The statute declares a felony
punishment for the mere enunciation
of doctrine without regard to the
circumstances of the enunciation. We
content that the clear and present
danger rule marks the limits of con-
stitutional use of police power in
. punishment of advocacy and the es-
sence of the clear and present dan
ger rule is that the criminal character
Of all advocates is to be tested by
the circumstances under which they
are made.
"The assembly clause Of the statute
is contrary to the constitutional
guarantees because it is an arbitrary
and unreasonable infringement upon
personal liberty. The punishment
proceeds upon the assumption that
there will be future advocacy Of GRIM
inal syndicalism. as result OF the
assembly, even tho such advocacy
may not occur in the state Of Michi-
gan and even tho such advocacy may
never be presented anywhere under /.
circumstances of imminent danger Of
substantial criminal injury Assump-
ton of future advocates (some place
and sometime, to whomever may "
and under whatever circumstances
may be) is superlmposed upon the
primary assumption Of inherent tend
ency in the proscribed documanta