The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1925-01-10
DENlAND RELEASE
OF RUTHENDE:RG
IN court Brief
Imprisoned Solely for
Opinions

A brief was submitted to the
Michigan supreme court yester-
day, calling for the release of
c. {. Ruthenberg, national
executive secretary of theWork-
ers (communist) Party now in
jackson penitentiary, and de-
handing that Ruthenberg be
given a new trial.
The brief submitted by Isaac
Ferguson, attorney for Ruthen-
berg, requests that the previous
judgment of the supreme court
of Michigan be reversed, on the
grounds that Ruthenberg COM
mitted no crime by expressing
his opinions.
The hazy, indefinite and unconstitu
tional character of the criminal syn
dicalism law, under which Comrade
Ruthenberg was sentenced to prison
term Of from three to ten years and
a fine Of $4,000, is brought out in the
brief, which was submitted to the
court by Isaac Ferguson, attorney for
Comrade Ruthenberg.
1.-THE judgment entered against re.
spondent (Ruthenberg) deprives him
Of his liberty and property without
due process Of law, and denies to him
the equal protection Of the laws, con-
trary to the provisions of section 1,
article XIV of amendments to the con-
stitution of the United States" the
brief for Comrade Ruthenberg says in
part. "The judgment entered in the
circuit court against respondent ought
to be reversed and set aside by this
court, especially because 1t is not
within the due process Of law to pen
alize respondent for the act Of assemb-
ling with group of persons who es
pouse certain doctrines when there
was not intent or attempt, in connec.
ton with said act of assembling, to
achieve. incite or promote an overt
act Of physical injury to any persons
or property or to any governmental
establishment or operation"
Violated No Law.
1T contrary to due process of law
and a denial Of the equal protection of
the laws. as provided by the four
teenth amendment. to prescribe the
peaceful assembly of any group of
persons because Of their belief in Ger.
tain doctrines"
The brief than declares that the
Michigan criminal syndicalism law is
not limited by it's terms to the mere
act Of assembling with other persons,
but violation of the law must show in
tent to promote acts of criminal in.
jury. This Comrade Ruthenberg did
not do. and is not charged with doing,
the brief points out
Law Unconstitutional.
"The judgment ought to be reversed
because the provisions OF the criminal
syndicalism statute upon which it is
based, establish a prior restrain upon
expression Of opinion, in violation of
the fourteenth amendment" the brief
continues. 1.-THE mere expression OF
opinions, no matter how reprehensi-
BILE, cannot constitutionally be pun.
ished as crime"
1.-THE judgment ought to be set
aside because the provisions of the
criminal synlicalism statute upon
which It is based are too vague and
indefinite to provide an ascertainable
standard Of guilt Of crime"
Right to Assemble.
"Syndicalists, Communists, or 9th.
ers who favor doctrines prescribed by
the criminal syndicalism statute, are
as much entitled as any other persons
to the protection Of the law in peace
fully meeting together, unless there
is involved immediate intent or at
tempt Of overt criminal injury"