Evening star., 1927-08-28
Echoes of the SaccO-VanZetti Case

ripen" into treason, which the Constitution de.
fines as an actual 'levying Of war;" Nothing
in the way of a legislative curb upon free
speech came of the assassination of Mckinley.
1t remained the right of citizen to advocate
anarchy and the destruction of property so long
nothing could be shown actually to have re-
suited from his advocacy And that was the
situation whi III confronted the Department of
Justice after the war, when the country was
whipped into frenzy of excitement bomb
ing outrages. which were laid at the door of
anarchy, but which in the vast majority of
cases were without proof of origin.
1t Is true that Congress had tightened it's
immigration laws and made them far
drastic regarding the "alien radical" But the
American citizen could not be t,uched.
In June Of 1919 many bombs had been sent
through the mails, only reaching it's dest
nation Private residences had been bombed
including those of ter or eleven Federal Of
fcals and of the Attorney General himself
The new Russian government was only two
years old. and the tales of the Russian revo
luton and its atrocities seized the pubc's
imagination. resulting in horrible nightmare
There were demands from the public and
demands in Congress that the Government
especially the Department of Justice, do some.
thing about it, And on December 81 1919 the
old Army tran.cor Buford, with 243 alien rad
icals aboard, deported to Russia. left New York
A few weeks later raids were conducted stimuli.
taneously in 80 40 cities and about 5000
aliens suspected of violent radcalism were ar.
rested and jailed.
Attorney General Palmer was asked to report
on the status Of legislation dealing with move
ments directed against the Government He
gave to the Senate a resume of the laws ex
listing then, Is they do today. The department
could work under the espionage acts but the
cessation of hostilities made their provisions
inappcable in time of peace. 1t could work
under the immigration laws but they applied
only to aliens The only statute existing then
and which exists now, is section of the
Penal Code, which provides that: "If two or
more persons. in any State or Territory or in
any place subject to the jurisdiction of the
United States. conspire to overthrow put down
or to destroy by force the Government of the
United States, to levy against them or
to oppose by force the authority therefor or
by force to prevent, hinder or delay the exc.
cution of any law of the United States or by
force to seize, take or possess any property of
the United States contrary to authority thereof
they shall each be fined not more than $4,000
or imprisoned not more than six years, or both"
x X X X
AS test Of this laws efficacy in dealing with
violently radical, red citizens the Depart
ment of Justice brought about the indictment
of three members of Spanish secret society
who were distributing a pamphlet calling on
the pfoletarlat or all countries to unite to pre-
cipitate the revolution" and which referred in
most uncomplimentary manner to officials of
the United States Government as "cannibals
you have fattened before having your
throats cut like hogs"
But the court dismissed the case and dis.
charged the defendants on the ground that the
statute in question was enacted by Congress in
1861. when there was Civil War in progress,
and Congress did not have in mind the over.
throw n Government nv he of apda
Mr.. Palmer asked a group of prominent
lawyers to construe the laws as they existed
then and they exist today. A summary Of
their construction is:
l. Those who have Attempted to bring about
the possible overthrow of the Government Of
the United States have committed no crime,
unless their acts amount to treason, rebellion
or sedtious conspiracy.
2. The preaching of anarchy and sedition is
not crime under the general criminal statutes
Of the United States.
3. Advising the defiance of law is not a crime
under the general criminal laws, whether the
same be done by printing and circulating
literature or by the spoken word.
4. Nor is the advising and openly advocating
the unlawful obstruction of industry and the
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