Evening star., 1935-02-10
REDS
TR|EDUNDERLAW
FAMEDFOR R|GOR
Criminal Syndicalism Act
Passed Under Stress of
|. w. W. Fight.
STATUTE SUSTAINED
BY SUPREME COURT
Whitney Case Resulted in Deci-
sion UNFOLDING Validity.
Repeal Sought.
BY the Associated Press.

BY the Associated Press.
SACRAMENTO, Calf, February 9.
"A Nationwide campaign of terror
ism during World War days, which
made the II. w. W." organization
public enemy No. at that time,
caused enactment in 1919 of Califor-
MAS famous criminal syndicalism
law. under which II Communists are
being tried here.
On April 80, 1919. Gov. William
D. Stephens signed the criminal syn
dicalism bill, which had been passed
by both legislative Houses despite
heated opposition from organized
labor.
The law. which went into effect
Immediately, was one of the most
drastic of its kind ever adopted. 1t
provided, in effect, that advocacy OF
violence in seeking change in in
dustrial ownership or political control
was a felony, punishable by a peni-
tentiary term of from l to IA years.
Even membership in an organization
which advocated such a policy made
d pcISOl4 SOOJCIb " AAAC oNA4SN]-OS"
Followed Long Violence.
The laws adoption followed a dec
ade of sabotage and violence. The
dynamiting of the Los Angeles Times
Building, the bloody Wheatland hop
riots and the bombing Of the San
Francisco Preparedness day parade
had exacted large toll Of dead and
wounded.
No sooner had Gov. Stephens
placed his signature on the bill than
California authorities began to act.
using the new law as their chief
weapon in a Statewide offensive
against the Industrial Workers of the
World
Possession of an "I w W." mem
bership card, if discovered by the
police, caused immediate arrest and
in few months more than 100 men
and women had been convicted Of
violating the new law and sent to
prison.
Used Against Reds.
At first the drive was directed only
against the II. w. W." members.
Then in 1920 an attempt was made to
form the Communist party in Cali
fornia.
One of the leading figures in the
new party's first convention, held at
Oakland, was a wealthy, well-educated
woman of liberal tendencies. She was
Miss Anita Whitney, whose name was
to figure in newspaper headlines for
seven years.
Miss Whitney vas not connected
with the II. w. w" organization, and
during the Communist Party Conven-
ton she vigorously opposed commit
ting the party to platform Of vio-
lence. Nevertheless. as one of the or
ganizerS of the new group, which
made no secret of its intention to seek
overthrow of the Government, she was
arrested on charge of violating the
criminal syndicalism law.
Her arrest created sensation and
focused international attention upon
the law.
Convicted. Miss Whitney began
legal battle for freedom which carried
the case up to the United States Su-
preme Court and gave the new law its
1HSI lGSls Ill 4oSO
the Nations highest tribunal ruled
the law constitutional. Miss Whitney
faced sentence of from l to IA years
in San Quentin State Penitentiary.
Woman Granted Pardon.
For two years she lived under the
shadow of that sentence. From all
parts of the world came protests
against her impending imprisonment
and attacks upon the law. On June
20, 1927, Gov. C. G. Young granted
her pardon.
Not since the Whitney case has
California'S criminal syndicalism act
attracted such widespread attention
as the trial of the II Communists in
Sacramento has drawn. They are
being prosecuted for the alleged pos
session of inflammatory propaganda
found by police in raid on party
headquarters here.
Various attempts to repeal the law
have been made ever since its passage.
At the current legislative session As
semblyman Richie. Democrat, San
Diego, has introduced a bill to wipe
out the statute, and ASSemblyman
Martin. Republican, Altadena, has
countered with a measure which
would make the law more severe.