Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-04-28
State Law Unconstitutional,
Judge Rules on Charges
of SyndiCaIism.
PROSECUTOR PLANS
TO APPEAL DECISION
Statute Curbs Free Speech, De-
clares Court, Adding Indictment
Lacks Overt Act Count.
BY the Associated Press.

BY the Associated Press.
AKRON, Ohio, April 28.-Holdine
that the Ohio criminal syndicalism
measure is unconstitutional, Common
Pleas Judge Walter B. Wanamaker to-
day dismissed the indictment against
Paul F. Kassay, 81, former Goodyear
Zeppelin mechanic, who had been
scheduled to go on trial today for al
legged attempts to damage the Navy
dirigible Akron.
In dismissing the indictment, the
judge said:
THE right Of freedom Of speech can
be abused. The Ohio constitution con-
templates that the State has the right
In its inherent power Of self-preServa-
ton, to punish the abuse OF this right
when the abuse Is such as Is reason
ably calculated to produce evil results
and q danger to the State, from which
1t has the right to protect itself.
THE statute of Ohio rs 1t Is now
written is insufficient to protect the
rights of the people of the State, as
guaranteed to them by the ConStitu-
ton, and the judiciary cannot legislate
and supply to the act that which 1t
lacks by way Of protection Of the right
Of freedom Of speech, which the Con-
stitution guarantees them"
Ruling Considered Since Friday.
Judge Wanamaker has had the ques-
ti6n OF constitutionality under consid-
Grafton since Friday, when Assistant
Prosecutor George Hargreaves filed a
brief upholding the legality OF the
syndicalism law In answer to attacks
on Its legality In Q demurrer filed by
Mrs. Eetta Land, attorney for Kassay.
The demurrer assailed constitution
atty 81 the measure on the grounds
that Il y class legislation and abridges
preaa and freedom 70 effect political re-
fora guaranteed by the Constitution
Easeay was arrested March 10 by
Federal ofacials and jailed under $780,
600 bond. He was indicted and kept In
nstndy Inta March 96, when &C, 900
Dond was furnished by friends
Following Judge Wanamaker's ruling,
Hargreaves said he would appeal 10 the
State SupreniS Court. Kassay said he
u. VII tEy e get bsek bis job as riyetef on
Kaasay, In 3 statement. said: This
decision justifies the faith / had In the
American Constitution when gave up
my Hungarian residence and came to
this country. The decision will do more
good than all the police clubs In the
world among the people the Govern
nent calls reds It viii restore their
faith In the justice Of the courts"
Sabotage Tale Charged.
Kassay was accused Of telling a Gov
eminent undercover agent, known as
"Petroy," that he had left rivets out
Of the ship framework: that he would
omit more and, II necessary, he would
attempt to wreck the craft by dam
aging the control room when the craft
took the air.
Hargreaves maintained It was not
necessary for the State to show any
overt act had been committed, but
merely to prove that the defendant had
declared his intentions Of committing
such an act.
There is no question but that the
State Of Ohio has the constitutional
right to prohibit advocacy of doctrines
for the purpose and with the intent
Of having those doctrines used" Judge
Wanamaker ruled today, but 1t has
not the right to prohibit the liberty
of speech to the extent that mere doc
trines. as such, cannot be exchanged
and used and considered in the ex-
change OF ideas OF the public forum.
Law Curbs Rights.
THE present law Is suficient as II
is written to justify a conviction for
the advocacy Of certain doctrines a.
such, without any attempt or intent
that the doctrine should be put into ef-
feet, either in the present or In the
future, and the only way that the pres
ent law could be justified or sustained
as not being in violation Of that right
would be for the court, In each and
every instance. to read into it something
which 1t does not have-that Is, the
court must read into 1t that the ad-
vocacy of the doctrine was intended to
cause the use Of that doctrine and that
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