The Washington times., 1929-04-24

AItnOugh orators have thrilled au-
diences since time immemdrial by as
serting these constitutional rights, :
King saranded them to the Senate as
fallacles. He declared the Constitu-
tion merely prohibited Congress from
destroying the rights but gave the
Federal Government no power TO en-.
force them, Any State, he said,
could outlaw free speech. and reli-
gious freedom or terminate free as
semblage il it's own constitution
failed to guarantee these rights.
Diversity Of Opinion
An International News Service poll
of the Senate's most noted eonstitu-
tional lawyers revealed a diversity
of opinion among them. Senators
Thomas J. Walsh d. of Montana.
and Walter F. George Cd of Georgia,
upheld Kings views. Senators Will
liam E. Borah Rl of Idaho, Sam G..
Bratton D) of New Mexico, and Guy
T. Goff R) of West Virginia, dis
agreed with him Their discussion
of the legal points raised by King
indicated there are still few con.
stitutional questions yet to be de-
cided by the Supreme Court.
Senator KING. a former Supreme
Court justice in Utah, in making
his point. said: 1.-THE Nation has
a wrong conception of the Constitu.
ton. 1t carries no guarantees of
free speech or religious freedom. 1t
merely forbids Congress from taking
away these rights lodged in the State
or the people. Most States guar.
antee these rights in their State con.
stftutions. Where such guarantees
are not lodged in the State consti-
tutions. the rights do not exist"
Walsh Agrees
Senator Walsh. one of the ma.
tons greatest constitutional law
yers, said:
Senator King is right The first
amendment to. the Constitution Sim
ply prohibits Congress from enact
ing any law prohibiting free speech
or religious hberey. Primarily the
right of free speech, etc. rest upon
provisions In the constitutions OF
the States. But IL q State passed
statute. the result Of which Is to
suppress free speech; a serious qles.
ton would be raised as to whether
it would not be void as violating the
Fourteenth Amendment to the Fed.
eraI Constitution, which declares
that no State shall deny to any
person the right to life, liberty or
property without due process Suf
law
Senator George, former supreme
court justice IN Georgia said. l4s
'''rhe Federal Constitution nyTpiV
GCinEr
law that would infringe the liberty
of speech or religious worship. Ii
does not create any guarantees or
rights. 1t merely puts. shackles on
Congress-. / would not say any state,
whose constitution was silent, could
commit any outrage against the
liberties of the citizens: In such
event. believe the Federal Govern
ment could protect the citizens un'
der the life, liberty and property
clause of the Constitution:
.Borah Secs Guarantee
On the other side. Senator B0rah,
also recognized as great constitu.
tional lawyer, observed
II believe the Constitution amounts
to a guarantee of freedom of speech.
peaceful assembIage and religious
liberty. n Congress Is restrained
from passing any law to forbid
these liberties. the people are free
to exercise them as rights.
Senator Goff, a former assistant
Attorney General added:
''The Federal Constitution, In eff
feet. guarantees freedom Of speech
and religious worship. In event any
State should prohibit them, the
Congress can act under section 4,
which says, The United States
shall guarantee to every State in
the Union a republican form Of gov
ernment. In order to justify this
action. It would be necessary merely
to show that the State was denying
free sDeeeh ar freedona of religious