Evening star., 1936-02-22
LIMITING PETITIONS
IS HELD UNLAWFUL
Congress Right to Prevent
Townsend Promotion
Is Denied.
BY DAVID LAWRENCE.

way abridges the right of citizens to
petition their Government for re-
dress of grievances.
Yet the House of Representatives
has just adopted resolution calcu-
lated to do little else but interfere
with the right of the citizens spon-
soring the Townsend plan to foment
public sentiment and thereby petit
tion Congress for old-age pensions.
One doesn't have to possess the
slightest faith in the efficacy of the
Townsend plan-for it is plainly un-
economic and impractical-to defend
the right of the Townsendites to be
free from political persecution by
members of Congress. Unfortunately,
many people who dislike the Town.
send scheme may be tempted to re-
joice over the fact that the House
has appointed a committee with the
usual power to smear by one-sided
publicity and by, innuendo, the per-
sons who have organized the Town
send movement.
Inconsistency Charged.
Unhappily, also, there are many
people who want to see the freedom OF
speech clause of the Constitution up
held when doctrines they profess to
support are being expressed. and for
gotten when doctrines they dislike are
being expounded So it is with the
right of petition clause. To be con-
sistent, the defenders of the Constitu-
ton, all the way from the American
Liberty League to the American Civil
Liberties Union, ought to be alert to
the manner by which men possessing
the reins of Government and legisla-
tive power can intimidate, if not
squelch, opposition.
The facts about the Townsend
movement are too well known to re-
quire any special inquiry. Had the
House of Representatives wished to
know what the Townsend plan em-
braced. it could have set up the usual
hearings and allowed testimony to be
taken. That is different thing from
the inquisition which is about to be
started, in which there can be en-
ployed the power of subpoena, the
power to use Government detectives
and to inquire into the most minute
relations of private character. which.
innocent enough in themselves. will
tend to make headlines or to cast
suspicion of wrong doing on the lead
ers of the movement.
The truth is the Townsend move
ment has gotten too much headWay
IN certain districts to suit members
of Congress of both parties. They DO
rot dare fight it in the only way it
ought to be fought-by using facts
against alleged facts, by telling their
misguided and mistaken constituents
frankly why the plan is impractical
and unavoidable. Instead, the mem
bers of Congress are using the tactics
of inquisition and intimidation, be-
lieving this will interfere with further
progress by the Townsendites with
public opinion generally.
Congress Right Test Seen.
Some day citizens will refuse to
obey the alleged power of an inquisi-
torial committee and will test the
right of Congress to abridge the right
of petition. There can be no doubt
of the right of Congress to get essen
tial information when it has honestly
in mind a piece of specific legislation
But what old-age pension legislation
is now being seriously considered by
the House of Representatives? AS a
matter of fact, the purpose is to kill
off the Townsend proposals for legis-
lation, instead of enacting them into
law.
The customary tactics, and presum-
ably it will be followed in the in
QUESTION on the Townsend plan, will
be to investigate how the money was
raised and expended. Efforts will be
made to show that the leaders of the
movement were perhaps compensated
for their services, as is the case with
most minority group organizations.
The Townsend plan strength through
out the country has been very much
exaggerated. The mere fact that the
inquiry has been undertaken indicates
that politically on a national basis the
movement may not be as strong as it
is reputed to be. For Congress rarely
tackles the really strong minority
groups who engage in lobbies or who
actually do electioneering although
not ostensibly political organizations.
There is no sound reason for attack
ing these organizations either, but it
is interesting to note that Congress
at IN ptc NJ holds NfI
mune.
To prevent such arbitrary use of
legislative power is the very reason the
trainers of the Constitution upheld
the right of petition. 1t is part of
the article guaranteeing freedom of
the press, freedom of speech and
freedom of assembly and stands on
equal ground with all other priv
ileges and immunities of the citizen.
Questioning in Courts Rare.
Only rarely in American history
has there been any questioning in the
courts of unlawful interference with
the right of petition. In fact, the
cases are very few in our judicial rec
ords. When the right of petition is
abridged, however, in any way. when
1t is impaired by legislative interfer-
-nce by the very legislative body to
whom petitions are addressed, it
would not be surprising if a method
of assuring court protection to the
citizens when they exercise their right
OF petition would be found.
This is not to say that a citizen
may violate laws of the land with
respect to raising money under false
pretences or by improper use of the
mails and still be immune under the
right Of petition. On the contrary, all
general rights with respect to freedom
OF speech, or the press or petition
are limited by the laws of libel and
laws of fraud. But If the Govern
ment has anything of this kind to
investigate it's job for the Depart
ment Of Justice and not for a Legis-
lative Committee of Congress.
The right of petition is too vital
to o continuance Of democratic proc
nSSaa {, tHn vxyno H.,