The Commoner.
V
3
- see that "Field Marshall Earl Roberts, V. C.,
K. G., war offlce, Pall Mall, S. W." Is a director
of the British India Steam Navigation com
pany (ltd.), Kanan Devan Hills Produce com- '
- pany (ltd.). If you refer to the King's Regula-
tions, para. 419, you will see that "Ofllcers on
full pay are not -permitted to join the direc-
torate of any public, industrial, Or other com
pany, without permission from the war office."
It would bo of interest to know whether
Mr. Brodrick gave Lord Roberts permission to
join the directorate of the above companies,
one of which has had, and doubtless will again
have, its ships employed by the government.
Certainly such a state of things is unprece
dented, as the commander-in-chief figuring on
the directorate of trading companies, hid ad
dress being given "War Office!"
Not so very long ago, when Lord Roberts
was commanding in Ireland, his name was
published in a prospectus as a director of a
tea company. On that occasion the war office
intervened, and Lord Roberts withdrew from
the directorate. Do Mr. Brodrick's views on
this matter differ from these of his prede
cessor? Yours obediently,
OBSERVER.
The Dean of Durham has written as fol-
lows to a correspondent:
"The Deanery, Durham, 21st Oct., 1901.
"Dear Sir: I am afraid I cannot give you
much answer to yourx question, but will try,
briefly.
"1. I regard the proclamation as wrong
in itself, and certain to do much harm, by em
bittering the struggle.
"2. Arbitration would have been most
useful at the beginning. Now I fear our pol
icy has made it very difficult. Our govern
ment has alwayd held that we cannot submit .
the matter to arbitration.
"3. I have no suggestions to make. We
are lapt in a dreadful darkness, and do not
know what is being done. The ancient way
used to be by intervention of some neutral
power. But of this I see no sign. So long as .
the country supports the ministry I see no hope
of- escape, and in that I see many serious
.risks both in South Africa and elsewhere. It
is clearly an advantage to the states of Eu-'
rope that we should be so occupied and ex
hausted.; and one cannot tell where the next
trouble will begin or when. In fact, the sky
is dreadfully dark all round, and every ,month
adds enormously to our losses and risks. If wo
could convert the people of England to their
ancient indignation at violence and attacks on
the weak, we might compel the government to
make peace, and release us from the present
evils. But all organs of speech are against us
still, and the saner part of the population are
left helpless and speechless. One has still
faith, in the true benignity of the gospel, but
with it there is the feeling, that the Divine
Will punishes us for our errors, and I can see
that this is upon us now, in jthe paralysis of -activity,
and the helplessness; caused by the
tremendous waste of income and of human life.
I wish I could write more cheerfully. ,
Yours faithfully, '" j.
"(Signed) G. W. KITCHIN."
In addition to these criticisms of the govern
ment the same paper contains a dispatch from
Brussels -saying that a movement has been organ
ised by the Amsterdam dockers' union to boycott
English ships, and that the .union has sent repre
sentatives' to Belgium and the French ports. - An
other dispatch, this one from Berlin, says that the
firm Qf Koch & Co., of Erfut, has declined to exe
cute an order for helmets for the British on the
gxound that he cannot be in any way connected
with the extinction of the Boer nation.
. A careful perusal of the protests being made
against the destruction' of self-government in
South Africa ought to lead the republicans, of this
country to repudiate the policy of their party,
which is advocating in the orient the same suicidal
policy which England is carrying. on in South
Africa.
JJJ
Anti-Anarchy Bills.
It is probable that. a number of bills directed
against anarchy will be introduced at the coming
session of congress, and all of them should be
examined carefully to see that freedom of speech
is not attacked under the guise, of an attempt to
extinguish anarchy. Congressman Curtis of Kan
sas Jias given out for publication a bill which he
hag drawn for the suppression arid punishment of
anarchists. The text of the bill is as follows:
, tt Sec. 1. That every person who shall,
, within the United States, unlawfully and wil-
fully kill or assault with intont to kill the
president or vice president, a member of the
president's cabinet, the chief justice or a justice
of the supreme court of the United States, shall
be deemed guilty of a crime against the gov
ernment of the United States and upon convic
tion thereof shall suffer death.
Sec. 2. That if two or more persons within
the United States conspire to put the president -or
vice president of the United States, a mem
ber of the president's cabinet, the chief jus
tice or a justice of the supreme court of the
United States to death, each of them shall bo
deemed guilty of a crime against the govern
ment of the United States and upon conviction
thereof shall suffer death.
Sec. 3. That every person who shall, with
in the United States, incite, encourage, pro
mote or advocate an assault, with intent to
kill, upon the president or vice president of
the United States, a member of the president's
cabinet, the chief justice or a justice of tho
supreme court of the United States, shall bo
deemed guilty of a crime against tho govern
ment of tho United States, and upon convic
tion thereof shall suffer death. Provided, that
nothing in this section shall bo held or con
strued to prevent a candid, full and fair dis
cussion of public events and public measures,
nor to prevent just and fair criticism of any
public officer.
Sec. 4. That every person who shall, with
in the United States, incite, encourage, pro
mote or advance the overthrow of the gov
ernment of the United States, or who shall
diffuse the doctrine of anarchy, shall bo
deemed guilty of a crime against the govern
ment of the United States, and upon convic
tion thereof shall suffer death. Provided that
nothing in this section shall be held or con
strued to prevent a candid, full and free dis
cussion of public events and public measures
nor to prevent just and fair criticism of any
public officer.
Sec. 6. That every person who shall join,
organize or aid and assist in organizing or be
long to an anarchist society, club or, organiza
tion, or who shall join, organize or aid or as
sist in organizing or belong to any Other so
ciety, club or organization, the object of which
is to overthrow, subvert or change the govern
ment of tho United States, shall be deemed
guilty pf a crime against tho government of
the United States, and upon conviction thereof
shall be punished by confinement at hard
labor in any United States penitentiary not
less than twenty years or during life in tho
discretion of the court.
Sec. 6. That every person who shall know
ingly write, print or publish, or shall cause
to bo written, printed or published, any edi
torial, article, letter, circular, picture or car
toon, intended and designed to expose the
president or vice president of tho United
States, any member of tho president's cabinet, 0
the chief justice or any justice of the supremo
court of the United States, to public hatred,
scorn or contempt, shall be deemed guilty of
a crime against the government of the United
States, and upon conviction thereof shall be
punished by confinement at hard labor in tho
United States penitentiaries not more than ten
years, nor leas than one year. Provided that
.nothing herein shall be held or construed to
'prevent candid, full and free presentation of "
public events and public measures, nor to pre
vent just and fair criticism of any public
officer.
Sec. 7. That all prosecutions under this
act shall be in tho United States circuit or
district courts of the district wherein tho
crime was committed.
A federal commission is now revising the laws
and has suggested a bill which provides that kill
ing, or assaulting with intent to kill, a president,
vice president, member of the cabinet or judge of
the supreme court shall be punishable with death
if tho assault is made upon the official for tho
purpose of obstructing or Interfering with the ad
ministration of tho government. This qualification
is an essential one and should be added to Con
gressman Curtis' bill. The commission suggested
it upon the theory that it was necessary in order
to, give the federal government jurisdiction, but It is
defensible upon the ground of public policy as
well. If tho public official is attacked by one who
aims to strike at the government through the
official, the attack becomes an offense against the
people. If, however, the assault is a personal mat
ter, and not directed against the officer in his offi
cial capacity, it is entirely different. To protect
officials against anarchists it itf not necessary to
separate them from other persons insofar as the
ordinary relations of life are concerned.
Section 3 of Congressman Curtis' bill contain
a proviso which is opon to criticism and may es
tablish a censorship of tho press. Tho provision
"that tho section shall not bo hold or construed
to prevent a full and candid discussion of events,"
etc., is not necessary to that section. No ono has
a right to incito, encourage, promote or advise an
assault with intent to kill tho president or any
one elso, Tho man who does so should bo held
equally guilty with tho man who commits tho act.
A clear line can bo drawn between criticism, no
matter whether it is fair or unfair, and tho ad
vocacy of violence of any kind, In any rorm or un
der any circumstances.
Section 5 also provides a punishmont for anyone
who incites, encourages, etc., tho overthrow of tho
government of tho United States. That much la
plain. But when the section fixes a penalty for tho
diffusion of "tho doctrine of anarchy," it becomes
obscure. The word anarchy should bo defined. In
the campaign of 1890 tho advocates of tho Chicago
platform were, by somo partisan republicans, de
nounced as anarchists. Tho law ought not to bo
such as to give tho dominant party an excuse for
prosecuting as criminals all tho members of tho op
position party. If anarchy is defined as tho doc
tiino that the government ought to bo overthrown,
It ii covered by tho first part of tho section. If it
is anything else, or includes anything elso, it
ought to bo defined so that tho lawmakers will
know what they are punishing.
Section 5 provides a punishment for any ono
who organizes or belongs to a society or club, tho
"object of which is to overthrow, subvert or change
tho government of tho United States." The words
"overthrow" and "subvert" are plainer than tho
word "change." Tho language is broad enough to
apply to. tho advocates of imperialism, for thoy
certainly want io "change" tho government of
tho United States from a government based upon
the consent of the governed to a government based
upon tho doctrine of brute force. But it would
hardly be fair to indict and prosecute all imper
ialists. The word "change" might also bo con
strued to apply to amendments proposed to the
constitution. Somo of tho republicans say that
the constitution will have to bo ameuded before
the trusts can be destroyed. Whilo wo have no
assurance that an amendment is necessary, still it
would be unfortunate to havo a law which wou,ld
enable republicans to withhold an amondment (if
one is necessary) on the' ground that it would be a
criminal change in our government. There is. a
popular dqmand for the election of Unlte'd States
.senators by direct yote of, tho people. It is to ,fco
hoped that the republicans will not give any of tho
senators a chance to oppose the change on tho
ground that they would incur criminal liability.
Section G is the section most likely to be
abused. It is directly aimed at the public press
and It cannot bo enforced without a strict censor
ship. Who is to decido whether an "editorial, ar
ticle, letter, circular, picture or cartoon" is "In
tended or designed to expose the president or vice
president of the United States, ajiy member of
the president's cabinet, the chief justice or any
justice of the United States, to public hatred,
scorn or contempt?" It would bo difficult to write
a law that could be more easily used by a politi
cal party for the suppression of criticism. Tho
provision that "nothing herein shall bo held or
construed to prevent candid, full and free presen
tation of public events and public measures, nor to
prevent just and fair criticism of any public offi
cer," would be no protection, because the admin
lnistration would construe to suit Itself the words
"candid," "just" and "fair," and upon appeal
from the lower court the members of the supremo
court would have a personal interest in sustain
ing a law that would shield them from criticism.
It Is hardly possible to suppose that any congress
ever elected in this country or ever to bo elected
would enact a law containing such a restriction
upon the freedom of the press as Is set forth in
section 6 of Mr, Curtis' bill, but it Is well for
friends of a free press .to be on their guard.
" Let the law punish those who commit murder,
who , attempt murder, or who advise- murder; let
it restrain violence or the counselling of violence;
let i,t discriminate between those who would re
form government and those who would entirely
overthrow it, but let it not attack in any way,
directly or indirectly, the freedom of speech or the
freedom of the press. No administration or offi
cial should be shielded from criticism. If criti
cism is just and fair it ought to have weight; if it
i3 unjust and unfair it will not only be harmless
to tho accused, but, in tho long run, helpful to
him. Even if unjust and unfair criticism were
harmful, the remedy proposed is more dangerous
than the disease. We can better afford to subject
a few men to unmerited criticism than to risk tho
operation of a' censorship which, administered by
partisans, would suppress honest criticism and
silence complaint by tho threat of a criminal
process.