The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1925-11-13
new YORK LABOR
Defense SCORES
GITLOW failing
Calls on Unions TO De-
mand Release

NEW YORK, Nov. 1.-THE follow.
ing resolution is now being sent out
to all unions in New York City for
their adoption by the international
Labor Defense, showing up the nature
Of the persecution and calling for the
Immediate release Of Benjamin Git
low, convicted under the criminal syn
dieaIism act Of New York state:
WHEREAS, the conviction of Ben.
iamin Gitlow under the criminal
anarchy law has been sustained by
the supreme court of the United
States, the decision also declaring the
law constitutional and thereby forging
a powerful weapon of the capitalist
class against the militant labor move
ment and the revolutionary political
movement of the working class of
this country, and
WHEREAS, this is a denial to the
labor movemant to the right of free
dom of speech, and
WHEREAS, it is part Of the gener-
al policy Of using the courts and
machinery Of government against the
workers in the form of injunctions
against picketing and striking and of
persecution of the militant leadership
that is found at the forefront of our
political and industrial struggles, and
WHEREAS, the sustaining of Git
lows conviction by the United States
supreme court supplies a precedent
which will mean the railroading TO
long terms In prison of many other
well known fighters in the ranks of
the labor movement and will make
easier the suppression by the capital
list controlled government of ali and
any working class organizations which
dare oppose their open shop rule, and
WHEREAS, the experience of the
labor movement has demonstrated
that such statutes, when once adopted
and sustained, are gradually extended
in scope thru judicial Interpretation
until they can be used against any
sort of working class movement. and
WHEREAS, the solidarity of the
entire working class is essential to its
welfare and requires that those in the
forefront Of the struggle must espe-
cially have the support of all workers.
and
WHEREAS. in freeing James Lar
kin and others, charged jointly with
Gitlow, for the same offense and I'M
der the same act, Governor Smith
stated Of those convicted: They are
not criminals and can see no useful
purpose that will be served by holding
them in prison any longer; and more
specifically, Gov. Smith said of the
Larkin case, because it was the first
Of those taken up by him and was
therefore considered more at length:
Moreover, there is no evidence that
Larkin ever endeavored to incite any
specific act of violence or Iawlessness.
What he did was to voice a faith that
in the ultimate development of our
political institution there should be
the radical changes which l have des-
cribed and condemned
Moreover. believe that the safe
ty of the state is afirmatively i'm
paired by the imposition of such a
sentence for such a cause.
Political progress results from
the clash of conflicting opinions. The
public assertion Of an erroneous doc
trine is perhaps the surest way to dis
close the error and make it evident
to the electorate. And il is a distinct
disservice to the state to impose, for
the utterance Of misguided opinion.
such extreme punishment as may
tend to deter, in proper cases, that
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