The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1927-01-11
CALIFORNIA GAG
LAW TAKES TOLL
OF 5O4 ARRESTS
Syndicalism Statute Hit
by A. c. L. u.

oppression" it is asserted by Dr.
George w. Kirchwey of the New
School of Social Research, formerly
dean Of Columbia University Law
School and warden of Sing Sing
prison, in a survey of workings of the
law, published today by the Ameri-
can Civil Liberties Union.
The law itself DR.. Kirchwey de-
scribes as "a concrete expression of
war psychology" Trials in criminal
syndicalism cases he attacks as 'in
many instances characterized by
methods calculated to bring serious
reproach on the administration of law
in California. There are cases in
which the trial judge made himself
the mouthpiece of the prosecuting at
tcrney and in which the prosecuting
attorney was at his worst. Judged by
its works, the syndicalism act must
stand condemned"
Mob Law "Justice."
Prosecuting attorneys in syndical-
ism cases, according to DR.. Kirchwey,
who lectured on criminology in the
University of California in 1925, "con-
Quoted the prosecutions with all the
viz Effectiveness and the INSCRIPTIONS
regard of orderly and lawful proceed
IRE which is described by Dean Ros-
coe Pound Of Harvard as the spec
tacle of press, public, and prosecutor
in fall tn HIM
The survey is the first maneuver Of
the American Civil Liberties Union in
the campaign of its California COM
mittee for the repeal Of the anti-syn-
dicalism law. Since its passage in
1917 the law has kept more political
prisoners in California than in all
other states put together, according
to the union, and has plastered on Cal
ifornia the reputation of being the
most intolerant state in the republic.
The weakness of the statute, DR..
Kirchwey asserts, is proved by the
fact that reversals were secured on
one-half the cases appealed to higher
courts.
Communists and I. w. w. Hit.
The full brunt of the law was felt
by the l. w. w. and the Communist
Labor Party of California. It was
passed, DR.. Kirchwey states, "as the
result of a mass fear that had no
basis in fact. We find nothing to JUS
tify the dread that engendered it.
That part of the community which
was responsible for the law and its
enforcement took far too seriously
the lunatic fringe of the labor move
ment in California" DR.. Kirchwey
labels members of the Communist La
Dor Party largely idealistic, paciflis-
tic types, who were opposed to any
kind of violence" Most prominent
of criminal syndicalist convictions
from this group was that of Charlotte
Anita Whitney, Oakland civic and suf-
frage leader. Her appeal from one
to fourteen-year sentence for mere
membership in the Communist Labor
Party was argued before the United
States supreme court last March and
IS waiting decision.
"a man may advocate burglary or
~obbery or murder or malicious de-
struction of property without fear of
the law so long as he does not aim to
accomplish "a change in industrial
ownership or amy political change"
declares DR.. Kirchwey, attacking the
loose phrasing of the statute. AS a
result of this looseness, he asserts,
the law has been used Gin spirit of
panic, as a weapon of class hatred,
and as a cover for private malice and
vengeance"
Charges Against 531.
According to DR.. Kirchwey, 531 peo-
pie in California were charged with
9yndicalism and 504 arrested. More
han half of these, 292, were dis
missed without trial. OF 264 tried
1874 were convicted. Appeals were
taken in ia cases. Half of the de-
cisions were reversed and others are
still pending.
"The picture" says DR.. Kirchwey,
sis one Of sudden immense activity
following Immediately on the enact
ment of the law with a complete ces-
sation of effort within the short space
of five years" DR.. Kirchwey chal-
lenges the constitutionality of the
law on two grounds. He charges that
It violates constitutional clauses guar
anteeing equality before the law
since 1t discriminates only against adj
vocates of industrial or political
change, and that it makes mere men,
bership in a prescribed organization
crime. He charges also that crimi-
nal syndicalism trials were unduly
AI,ot s,,Ioa. orI s,.r,oa