Evening star., 1938-05-19
Mayor Hague Observed
Constitutional Provision
To the Editor of The Star:

To tho Editor Of The Star:
I have read the letter by Benjamin
r. Stickney, jr., in The Star Of May IL
entitled "Hagues Performance Is a
Throwback to Tyranny"
Similar articles to this one referred
to have appeared from time to time
excoriating those who are attempting to
defend the democracy of the United
States, as guaranteed by the Constitu-
ton, and the surprising part is that
no one appears to know what reply to
make.
True, there is In the Constitution
the provision about freedom of speech,
but that clause Is not the whole of
the Constitution, although it seems
to be the only part that any one knows
anything about.
But there Is another clause of far
greater Importance, which is in reality
the life-Saving clause of the Consti-
tuition, so far as the integrity and
safety of the Nation are concerned, and
that is the provision that the Constitu-
ton guarantees to every State a re-
publican form of government.
Does that mean government founded
on Communism? 1t does not. Does 1t
mean Nazi or Fascist form of govern
ment? 1t does not. It does mean that
this Government can never turn Com
munistic or Nazistic, or Fascististic, ex-
cept by force overcoming the Govern
ment of the United States or by an
amendment to our Constitution.
Does Communism contemplate
peaceful overthrow Of government? 1t
does not 1t openly declares that 1t is
to be accomplished by force. Its whole
doctrine is forceful overthrow. Do
Naziism and Fascistism contemplate
peaceful overthrow? They do not. They
contemplate the use of overpowering
force that compels submission, and
therefore forceful overthrow
Now the Constitution guarantees
republican, and not Communistic,
form of government, and therefore the
officials of this Government, from the
President on down, should exert every
effort 10 protect the Government of
the United States from every assault and
menace against our form of government.
Is Communism such a threat? It is.
Can unbridled license of speech, directed
to violent overflow Of our form of gov
ernment be permitted, if the guaranty
Of republican form Of government Is
to be made effective? 1t cannot. What
then? The two provisions are to be
read together. They are absolutely op-
posed If the doctrine of absolute free
dom Of speech is to be maintained
And it is the duty of every official of
this Government. and of State officials
as well, to suppress Communistic meet
ings and speeches everywhere, and that
is what Mayor Hague is attempting
to do. The more power to him. He is
endeavoring to carry out the direct
guaranty contained in the Constitution
of the United States.
Some time it will be understood that
all movements to subvert the Govern
ment Of the United States are illegal,
that a Communistic party cannot legally
exist in this country nor Communist
representative sit in Congress.
Freedom of speech? Yes. but freedom
OF speech within the plain guarantees
Of the Constitution. AS for absolute
freedom Of speech, there is no such
thing. No man can go out and curse
vulgarly and profanely and use indecent
language in the street today without
being in danger Of arrest No man may
incite another to violence without SUBJ
jecting himself to this as principal II
violence results. And no man may
threaten the life of the President with
out incurring the penalty provided by
the statute. Whence comes the power
to enact such statute if the doctrine
of freedom of speech is to be carried
to the extreme claimed? And don't
forget that the mouthings of Com
munistS and of Nazists and Fascists and
their organizations are direct attacks
upon our form of government. the per-
petuation Of which is guaranteed by
the Constitution.
Are these movements seditious con-
spiracies? They are. There is a statute
in the United States Code making sedi-
tious conspiracies crimes against the
United States and punishable under the
law.
Let us 60 slow. then, in rebuking
Mayor Hague and the American Legion
and other patriotic organizations, who
see the danger and are doing their best
to defend the Constitution and the
democracy Of this Nation And let us
not go loco and be deceived about this
doctrine Of absolute freedom of speech.
JAMES A. FINCH.
Fort Lauderdale, Fla.