Evening star., 1927-05-16
ANT|-SYND|CAL|SM
LAWS ARE UPHELD
Statutes in California and
Kansas Approved by
Supreme Court.
BY the Associated Press.

by the ASSuSidtcd IIGnAs
The right of the States to punish
those who preach syndicalism,
theory of government long looked
upon in this country as revolutionary,
was upheld in series Of decisions
today by the Supreme Court
Specifically. the court held that the
syndicalism laws of California and
Kansas were valid and that the con
stitutional guarantee of free speech
does not permit the open advocacy OF
those doctrines embraced in the syn
dicalistic teachings.
In two decisions under the California
statute, the highest tribunal upheld
the conviction of Charlotte Anita
Whitney, whose battle against I'M
prisonment has attracted natlon~Wlde
attention, and that of William Burns,
convicted of activities on behalf or
the Industrial Workers of the World.
In deciding Il case from Kansas.
however, the court held that although
the syndicalism law of that State was
valid and constitutional, the conVlc,
ton of Harold b. Fiske under 1t had
been based on insufficient evidence.
In this decision the court laid down
the rule that membership in and work
as an organizer for the Industrial
Workers of the World did not in itself
constitute an ~offense punishable un-
der the Kansas statute.
UNFOLDING the California law, the
court brushed aside long series OF
objections that had been urged against
it. Justice Sanford, speaking for the
court, overruled allegations that the
language of the law was vague ana
uncertain and held that there was no
merit in arguments that certain pro-
visions were discriminatory.
Free Speech Defined.
"Nor is the syndica1ism act as
applied in this case Uhe Whitney
easel repugnant to the due process
clause as a restraint of the rights OF
free speech assembly and association,
continued the opinion.
THAT the freedom of speech which
is secured by the Constitution does
not confer an absolute right to speak
without responsibility, whatever one
may choose, or an unrestricted ana
unbridled license giving immunity for
eyerv possible use of language ana
preventing the punishment OF those
who abuse this freedom
nd 1ndL state III ttie eSSAIAFoe' "
it's police poWer.may punish those WHO
abuse this freedom by utteranceS
inimical to the public welfare. tending
to incite to crime, disturb the pubic
peace or endanger the foundations OF
organized government and threaten
it's overthrow by unlawful means, Is
not open to question.
Criminal Conspiracy Issue.
"The essence of the offense de-
nounced by the act is the combining
with others In an association for the
accomplishment of the desired ends
through the advocacy and use OIL
criminal and unlawful methods. 1t
partakes of the nature Of criminal
conspiracy.
THAT such united and joint action
involves even greater danger TO the
public peace and security than the
isolated utteranceS and acts OF IN
dividuals, is clear. We cannot hold
that, as here applied. the act Is an
unreasonable or arbitrary exercise OF
the police power of the State, unwar'
rantably infringing any right OF Tree
speech, assembly or association, OF
| If those persons are protected from
punishment by the due process clause
who abuse such rights by Joining ana
| furthering an organization thus men
acing the peace and welfare OF the
| State
|