THE MARTIN P. CATHERWOOD LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924002310138 SEDITION HEARING BEFORE THE COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES SIXTY-SIXTH CONGRESS , SECOND SESSION ON S. 3317, H. R. 10650 and 12041 Serial 16 FEBRUARY 4 and 6, 1920 WASHINGTON rty " were not employed in that section ? Where it says : Or to oppose, prevent, hiiifler, or delay the exerntion of any law of the United States or the free performance l),v the United States Government or any one of its officers, agents, or employees of its or his public duty, commits, or attempt* or threatens to commit, any act of force against any person. Would not a person attempting to blow up the house of the At- torney General be amenable to that section even though the word '• property " were not used there ? Attorney General Palmer. Well, let us stick to the case of the Chief Justice; it is more comfortable. [Laughter.] Mr. E-EAvis. That is what I had in mind. Attorney General Palmer. I thought you said the Attoi'ney Gen- eral. Suppose the Chief Justice were not at home ; the man" would not be making an attack against his person; he would be making it against his private residence ; an act of force Mr. Reavis (interposing). Under the bill, would it be sufficient, even if the word " property " were not used in there, if the act were committed by the criminal for the purpose of interfering with the proper authority of this Government — and it would have no other purpose ? Attorney General Palmer. I think so. Mr. Reavis. And it seems to me that the language employed with the word " property " left out would be ample to fit that case. Attorney General Palmer. Of course, an act of force must be against either person or property; there is no question about that; it will not be an act of force if it is out in the open air. Therefore T SEDITION. 31 do not see the purpose of omitting the words " property or person," because it must be one or the other. But an act of " terrorism, hate, or revenge " might not be. In that connection the word " property " has a limiting effect. Mr. Eeavis. What I had in mind was the inviolability of private property, which is protected by State law, and such a provision as to that is likely to cause a prostitution of the purposes of this bill before we get through with it. Attorney General Palmer. That is on the assumption that the courts will not properly instruct under the act that it must be done with intent to injure or destroy the Government of the United States. Mr. Reavis. Well, of course, sometimes the public mind becomes very much inflamed, and juries are not always capable of consider- ing the matter calmly. Attorney General Palmer. Well, I do not myself think it makes any difference whether you include the words " any property " or not, where it first appears in section 1 if you also strike out " any person," for thereby you would make any act of force for the pur- pose of injuring or destroying the Government a crime; such an amendment, in a section so closely drawn, would necessitate a careful rephrasing of the section. I call your attention to one of those cases of June 2, where they got the wrong house; they did not place the bomb under the house of the Federal officer. In the Pittsburgh case they blew up the house of Judge Thompson's neighbor; they made a mistake as to where he lived. And that was physical force against property — ^not against the person of Judge Thompson. It might be difficult to say that it was directed against Judge Thompson, be- cause it was not his house, and yet it was perfectly plain that an error had been made ; Judge Thompson had been seen in that house during the day, and that led the anarchists to think that was the place to get at him. It seems much better to me to leave the words in the section. Mr. K.EAVIS. Yet it was the utilization of physical force with the intention of preventing the proper functioning of the Government, and with the idea of overthrowing it? Attorney General Palmer. Yes. Mr, Reavis. And would not section 1 of this bill reach the male- factor, whether the word " property " was used in it or not? Attorney General Palmer. Well, it would, in most cases. Mr. HusTED. Is there not ample authority now, under. State law, or under Federal law, to reach all crimes of violence, either murder or crimes not resulting in death, and is not the only thing that you want to reach really the advocacy of force and violence? Is that not what you want? Attorney General Palmer. The Federal Government should not be required to look to State laws for its own protection; only a few have adequate laws for such purpose and their administration are by State officers. The Federal laws are insufficient to cover the cases I have mentioned. Mr. Htjsted. That is the only thing that is not covered now by existing law ? . . , j. Attorney General Palmer. Yes; the commission, the attempt to commit, and the threat to commit an act of violence with the intent 32 SEDITION. defined by the act is what I am now trying to reach, together with the promoting of such acts. At the same time, I think that while murder is a crime under the statute of every State, and the destruction of private property with the intention of committing murder is also a criiiae, the Govern- ment of the United State ought to make it a crime against the Government, where the purpose of it is to injure or destroy the Federal Government. Mr. Gard. How would you interpret the words, in line 12, " threatens to commit " ? Would you hold that to be complete, with- out any accompanying act, but just the use of words in the threat? ' Attorney General Palmer. Yes, sir; assuming the intent to be clear. For instance, if that red circular which was distributed on Juiie 2, and part of which I read to the committee, had been deliv- ered to a Government officer it would have constituted a threat to commit an act of force or violence with intent to injure or destroy the Government of the United States, whether it was carried into execu- tion or not. Indeed, what I would like would be to have the law in such shape that we could prevent the execution of the crime by stifling and punishing the threat. Mr. Gaed. Would you punish the spoken word, then, under this phraseology : " Threatens to commit " ? Attorney General Palmer. Yes. I do not know that I have anything further to add, Mr. Chairman. The Chairman. Let me ask you this question : Section 3 of your bill provides for deportation. Should that be in the form in which it is written? It makes it obligatory upon the Secretary of Labor to deport any man who may be convicted under the act. Suppose he was convicted ; he might be fined $100 or imprisoned for 30 days. The penalty would depend entirely upon the situation that devel- oped before the court. Should that man be deported as a matter of course or should there be some discretion on the part of the judge in regard to deportation? Attorney General Palmer. I thinlc that is there; he must be de- ported in the manner provided by the immigration laws then in force. The immigration laws give the deportee a right to be heard. The Chairman. That is true, but if it appears that he has been convicted he must be deported. Attorney General Palmer. And he has the right to go into court under a writ of habeas corpus to test the steps in his hearing. Mr. Steele. But deportation is imperative under this language. The Chairman. Yes; it makes deportation imperative. • Mr. Steele. Well, that only relates to the execution of it. Attorney General Palmer. I think that gives him all the rights of the immigration laws ; while the Secretary of Labor must deport that person, he must do it in the manner prescribed in the immigra- tion laws; he must do it after all the rights and all the hearings • that that requires are given. If you wish to vest the Secretary of Labor with discretion in such cases and remove all doubt about it, some simple amendment would effect that. The Chairman. But that law would only require proof of the fact that he had been convicted under this proposed act, and there- upon deportation follows as a matter of course. SEDITION. ,^8 Mr. Steem:. What the chairman means is, should there be any discretion with the court as to whether he should be deported or not? Mr. HusTED. Is there any discretion under the existing deportation law? Attorney General Palmek. I think not, except as to the sufficiency ■ of the evidence. Mr. HuSTED. And would not a man who committed any of the offenses set forth in this bill be amenable to the deportation laws as they exist at the present time, even if this deportation section was not written into the law ? Mr. SiTmM. This makes a new crime which is punishable by deportation. Attorney General Palmee. There is hardly any difference in the elements of an offense under the act and the elements necessary to warrant deportation in kindred cases under the proceeding of the DepEurtment of Labor ; and all that this does, if your interpretation of it is correct, is to substitute the judgment of a court on legal evidence in a criminal case for the judgment of the Secretary of Labor in an informal hearing. The Chaiksian. What I had in mind was this: Might not this be a very extreme penalty in some cases ? Attorney General Palmer. Deportation ? The Chairman. Yes. A case might arise where the court would consider that a sentence of 30 days in the county jail was sufficient. Now, the statute would impose this additional penalty. It is only a question ag to the regularity of the proceedings leading up to conviction with which the Secretary of Labor is concerned. Attorney General Palmer. Well, the present situation is that de- portation is the penalty for a certain kind of crime, when committed by an alien. Now, here is a kind of crime which applies to citizens and aliens alike; and the thought is that, no matter what penalty the judge might impose, the man having committed a crime of the same nature as warrants deportation under the statute, the penalty ought to be deportation. It might very easily happen, Mr. Chair- man, that a court would give a man only 30 days in jail because he knew the man would be deported immediately after that. There are a number of very minor offenses that are grounds for deportation. The Chairman. There iaight be cases where 30 days in jail would be ample punishment. Attorney General Palmer. I think this is too serious an offense against the Government to justify a sentence of only 30 days in jail; I think that would be making a travesty of the law. The Chairman. Well, while a man may have associated himself with one of these organizations, he may have committed no par- ticular crime ; he may have been negligent rather than active. And the court might find that, having become liable for remaining a member of this forbidden association, he is subject to a penalty; still the court might feel very reluctant to deport the man. Deporta- tion is a very severe penalty. Mr. Husted. Has the Secretary of Labor any discretion under ex- isting law? The Chairman. I do not think so. 166718—20 3 34 -^iDiiioxr. Mr. HusiTED. If an offense has been committed under this bill, the deportation of thfeoffender must take place. The Chairman. That is what I mean ; it includes cases where a person may simply belong to an anarchist orgftnization ? Attorney General Paliviee. Yes. The Chairman. And in those cases he is supposed to be a con- firmed criminal? Attorney General- Palmer. Well, it is a little more than that. I think I have the deportation statute here, and I will read from that: That aliens who are anarchists ; aliens who belieye in or advocate the over- throw by force or violence of the Government of the United States or of all forms of law ; aliens who disbelieve in or are opposed to all organized govern- ment ; aliens who advocate or teach the assassination of public officials ; aliens who advocate or teach the unlawful destruction of property; aliens who are members of or afSliated with any organization that entfertains a belief in, teaches, or advocates the overthrow by force or violence of the Government of the United States, or of all forms of law * * *. Sec. 2. That any alien who, at any time after entering the United States, Ib found to have been at the time of entry, or to have become thereafter, a mem- ber of any one of the classes of aliens enumerated in section 1 of this act — Which I have just read — shall, upon the warrant of the Secretary of Labor, etc., be deported. Mr. Igoe. I think we have another statute requiring deportation, where the alien has been convicted of certain offenses. ~I do not know whether there is a penalty or not. Mr. HtrsTED. Does not the section that the Attorney General has read cover every offense set forth in this bill ? ' Attorney General Palmer. If a man is found to come under this deportation statute, there would be no alternative as long as the de- portation statute remains on the books. He would have to be de- ported, whether the same thing were covered by the so-called sedition law or not. I want to add one thing, Mr. Chairman, to what I have said. A great many very good people, in opposing this kind of legislation generally, botTi in written statements and in oral statements before the committee, have compared it with the infamous alien and sedi- tion laws of 1798. Of course, it is unnecessary for me to call the attention of this committee to the fact that the words " force and violence " were never employed in the sedition law of 1798 at all. The alien law made it possible for the President of the United States to send out of the country an,yb0dy whom he believed to be a menace to the peace or order of the United States; and the sedition law made it a crime for a man to say anything, or write or print anything, which would bring the Government of the United States, or the Con ■ fress of the United States, or any branch of the Government, into isrepute in the public mind. Of course, if that were the law to-day, all of us men who engage in political discussion would engage in it from behind the bars of prisons, because we would not be able to say anything of the kind of talk that we indulge in in these days in America. The Chairman. Anyone that would be doing that would be sla^n- dering the Government or libeling it under that act, and would make himself liable? SEDITIOBT. 35; Attorney General Palmek. That is correct. Mr. HusTED. Do you not think that, for mere reasons of practical psychology, it is rather unwise to use the word " sedition " in the bin, on account of its popular content? Everybody in the country, practically, is against anarchy ? Attorney General Palmer. Yes. Mr. HtrsTED. Every decent man is opposed to the advocacy of the destruction of our Government by force and violence. Now, if you use the term " anarchy " instead of the word " sedition," you avoid that unpopular signification or expression. Mr. Steeui. The idea being that the offense would be just as sweet under another name ? [Laughter.] Mr. HusTED. Well, in the popular mind there is a content of the word " sedition " which means repression and interference with free- dom of speech and freedom of the press. Attorney General Palmer. There is some force in that, and it was most carefully considered at the time the bill was drawn. And yet, after all, the act that Congress passes is going to be judged by its terms and not by its name. If it is merely an act, as I think it ought to be, based on actual, attempted, or threatened physical force or violence to change, overthrow, or destroy the Government of the United States, whether directed against person or property, a crime, I think it will go a long way in making it' possible for us to main- tain peace and order in the country and will do nothing whatever toward further enlarging the unrest and discontent which, of ^^ourse, is in the country af present. I do think, if you go beyond those lines you lend justifieation to orators of the ultra-radical class to preach against the repressive legislation passed by the Congress of the United States. I think that the free dissemination of ideas is the very salvation of the Re- public. I think that men ought to be permitted to talk, and talk, as much as they will. It was one of the most interesting things, I think, in-the early days of the war, to see the men of Great Britain marching up and down the streets of London, and every other great city, with camp stools under their arms ; and stopping on the street corners and getting up on the camp stools to speak to their fellow citizens about the action of the Government and the principles of the great war. It was to the glory of the Anglo-Saxon idea of government that men could do that kind of thing in the very heat of the discussion about the con- duct of the greatest war that the world has even known. I think the future of our country depends upon that sort of thing more than upon anything else in the world. But free speech is not unbridled speech. Free speech is not license to say anything, and not suffer the consequences.. I would let a man talk, but I would make him responsible for the intended , conse- quences of what he says. If in action, speech, or writing his intent goes to the extent of causing forcible wrecking of our American institu- tions, I would punish him. A man may say what he will, as has often been said; but if hei cries " fire " in a crowded theater, with the intent to injure the people j there assembled, certainly his right of free speech does not protect hjm against the ptmishment that is his just desert. I 86 SBDITIOS". Now, I think this simple act of Congress that we have here pre- sented contains none of the dangers or menaces that men urge against some other pieces of legislation designed to meet this situation. I believe it to be necessary to the continued peace and order in the country; and I sincerely trust that something along that line, and no more severe than that, in the general common interest, shall be reported by this committee and adopted by the Congress. Mr. Gaed. Are there any more witnesses to be heard, Mr. Chair- man? The Chairman. Not any more to-day; there will be a meeting Ffiday. Mr. Ealston. Mr. Chairman, I would like to oifer something in opposition to this proposed legislation. I could do it to-morrow or Friday. Mr. Kane, for instance, late United States district attorney ip Philadelphia, desires to be heard. The Chairman. That can be arranged for later. ^Thereupon, at 12 o'clock noon, the committee adjourned). (The exhibits referred to follow :) !, Exhibit A. PtAIN WOEDS. The powers that be make no secret of their will to stop, here in America, the woi-ld-wicie spread of revolution. The powers that must be reckon that they will have to accept the fight they have provoked. A time has come when the social question's solution can be delayed no longer ; class war is on and can not cease but with a complete victory for the international proletariat. The challenge is an old one, oh " democratic " lords of the autocratic re- public. We have, been dreaming of freedom, we have talked of liberty, we have aspired to a better world, and you jailed us, you clubbed us, you deported us, you murdered us whenever you could. Now that the great war, waged to replenish your purses and build a pedastal to your saints, is over; nothing better can you- do to protect your stolen millions, and your usurped fame, than to direct all the power of the murderous institu- tions you created for your exclusive defence, against the working multitudes rising to a more "human conception of life. The jails, the dungeons you reared to bury all protesting voices, are now replenished with languishing conscientious workers, and never satisfied, you increase tlieir number every day. It is history of yesterday that your gunmen were shooting and murdering un- armed masses by the wholesale ; it has been the history of every day in your rfiginje; and now all prospects are even worse. • Do not expect us to sit down and pray and cry^ We accept your challenge and mean to stick to our war duties. We know that all you do is for your defence as a class ; we know also that the proletariat has the same right to protect Itself, since their press has been suffocated, their mouths muzzled, we mean to speak for them the voice of dynamite, through the mouth of guns. -Do not say we are acting cowardly because we keep in hiding; do not say it is abominable ; it is war, class war, and you were the first to wage it under cover of the powerful institutions you call order, in the darkness of your laws, behind the guns of your boneheaded slave. No libertj' to you- accept but yours ; the working people also have a right to freedom, and their rights, our o-wn rights, we have set our minds to protect at any price. We are not many, perhaps more than you dream of, though but are all de- termined to fight to the last, till a man remains buried in your bastiles, till a hostage of the working class is left to the tortures of your police system, and will never rest till your. fall Is complete, and the laboring masses have taken possession of all that rightly belongs to them. There -will have to be "bloodshed ; we will not dodge ; there will have to be murder ; we will kill, because it is necessary ; there will have to be destructioij ; we will destroy to rid the world of your tyrannical Institutions. SEDITIOir. S^ We are ready to do anything and everything to suppress the capitaHst class ; just as you are doing anything and everything to suppress the proletarian revo. lution. Our mutual position is pretty clear. What has been done by us so far is only a warning that there are friends of popular liberties still living. Only now we are getting into the fight; and you will have a chance to see what liberty-loving people can do. Do not seek to believe that we are the Germans' or the devil's, paid agents,; you know well we are class conscious men with strong determination, and no vulgar liability. And never hope that your cops, and your hounds will ever succeed in ridding the country of the anarchistic germs that pulses in our veins. We know how we stand with you and know how to take care of ourselves. Besides, you will never get all of us, and we multiply nowadays. Just wait and resign to your fate, since privilege and riches have turned your heads. Long live social revolution ! down with tyranny. The Anarchist Fighters. Exhibit B. , men of the army fahewbli, ! Men, the work of demobilizing the Army is now In progi'es.s. According to published statements, you will be given your choice of being returned to the points from which you were taken or of remaining in the district in which the cantonment where you have been encamped is located. Men, since you have been in the great military camps you hiive learned and unlearned many things. Some of you were taken from great industrial centers where you labored in great factories, on railroads, or in mines, and with thou- sands of Other workers you socially operated the Industries for the benefit of those who own them. Many of you were taken from small cities and towns where industry is car- ried on in a smaller way and the social nature of production is not so apparent as in the larger industrial centers. Thousands of others were taken from small villages, hamlets, and farms in which, aside from agriculture, there is no industrial production, and workers live and labor in almost complete isolation and with little knowledge of tht' great industrial -world by which they are surrounded. Men, no matter from whence you were taken, your old life has been hrciken and when you leave the great military camps you will look upon the world in a difCerent way and you will find conditions greatly changed to what they wci'e before you were put into the service. Men, you have been brought together in large numbers, and you have noticed that while you may differ in some physical details, you look pretty much alike, and you have observed after becoming acquainted and comparing notes, that the vast majority of you come from one particular part of society — the wnrkins class part. Men, you have been drilled, disciplined, and taught to obey ; to you who were taken from the great industries, this was nothing new ; but those who were taken from the smaller towns and rural parts of the country it was a new ex- perience. Men, you have learned to act together, you have had practical lessons in con- certed, orderly action to gain a definite objective : This has been drilled into you. Men, you were taken from the ranks of the workers, and, no motter whether you are sent back to where you were taken from or remain in the neighborhood where you now are, you go back to the ranks o^ the workers, and you must get work ; you must find jobs. Notwithstanding the promises held out in daily papers, magazines, etc., about providing jobs for returned soldiers, you will find that you will have to compete with thousands of other workers for a de- creased and ever decreasing number of jobs. You will find that notwithstand- ing their glowing promises, employers do not give jobs to workers because they love them. Industries are run for profit and the workers produce the profit. Men, on your discharge from the Army and return to the ranks of the work- ers you will find the owners of the great industries organized into great in- dustrial unions, ready to take full advantage of the great army of unemployed 38 SBDinosr. that is iKnv Ueveloplng due to the closing down of war industries, and these organized owners of industries will use their industrial power to take every possible Jidvantage of the workers. ... The employers will endeavor to use you to protect their interests ; they win incite you to mob, beat up, and murder the members of your own class, -iney will use every effort to arouse and enrage you, appealing to your " patriotism and waving the " rerl " flag. Wtten yjsu have served the purpose of the employ- ing class, you will be thrown aside, and if you in your turn struggle for better industrial conditions you Will receive the sam« treatment that you helped to give to the members of your own class. Men, you are going back to the working class from whence you came and to which you belong. Your economic interests are the same as all other workers, 110 matter' what color or where they were born. You are all workers seeking jobs from those who own industries ; when you get jobs yon are paid wages, which is a part of the wealth you have produced; the employers take all and hand the workers back just as little as possible; the less the workers get the more the employers have. The boss can close down the industries when it suits his purpose, and you will have to hunt another job ; you do not have to work for any particular employer, "but you have got to work for some em- ployer, some job owner in the class of employers, otherwise you must beg or steal, and in either event you are liable to be sent to jail. In short, you, like Mil members of your class, are wage slaves. Are you content to be a wage slave? You were put in the Army, it has been stated, to fight for " democracy and freedom." Don't you think It is time for you to realize the fact that you are not free and that it is up to you to line up with your class and help it to fight jind win industrial freedom right here in the United States? Men, since you have been in the Army you have seen how organization is perfected, how one part fits into the other, each performing its share of the work, just as a huge machine. One part of the same Army does not fight the other; while it is divided into different units, it is not separated into exclusive, warring groups, each fighting one section of the common enemy on its own hook, while the common enemy puts up a solid front and fights and de- feats its divided, seiiarated opponent. An army divided against Itself is a beaten army. The world's industrial workers must organize on the same principle- — into industrial unions, each union subdivided into branches corresponding to the departments of the industry, and all branches of an industry brought together in an industrial department, while the industrial departments are brought together in a great industrial army called the Industrial Workers of the World, in which the working class is organized to present a ,solidly organized front to the industrially organized employing class. This great industrial union of workers is organizing for the purpose of obtaining all possible immediate benefits for the working class — shorter work- day, improvements in working conditions, more money, wages, etc. — all of which are but steps to the taking possession by the working class of the indus- tries which that class now operates but does not own ; we take just as mucli as we have the organized industrial power to take and to hold. The world's industrial workers must recognize their common class interests and organize. The world's industrial workers must organize intelligently and scientifically on industrial lines, not only to carry on the every-day battle of the working class, not only to take possession of the world's industries, but to carry on production wben the present wage-slavery system is abolished. That is what the Industrial Workers of the World is organized for; as it tears down the old rotten capitalistic economic system, through organized direct economic action it lays the foundation for a new system and in the shellof the old builds the structure of a new society — the Workers' Industrial Republic. Men, you are intelligent and are able to do your own thinking; examine these facts for yourself ; do not be led astray by misrepresentations and false- hood. Find out what you class interests are and act in accordance therewith. Get the literature of the I. W. W., read, think, and act. Men of the Army, farewell ! Members of the working class, greeting. SEDiTioisr. 39 Sx«iBiT e. Thouahts (Ml social revolution. (Not an editorial.) August 28, 1919. An ever-hicreasuig number o* workmen are beginning to ceialize the fact timt the only sure road, to O-eedow is. the road of social revolution. But this w not enough. Workmen should without a delay begin to prepare for social rOTolutwn, faiy the upheaval--to qupte P. L. Lavro^sr—to, which contemporary soeiallsta np« striving., can not be accomplished by legal means; the only way Aerefore, by which socialism can be brought into force is social revolution.' The governing political forces, as well as those that wield industrial wealth and resources, are busily preparing the means for a deadly resistance to any and every attempt the workers may make to get rid of the political and indus- trial yoke. There, is no Uniit to their beastly abandon and rabid fierceness when they see their fate approaching. It will suffice to mention their revenge on the Parifi communars, the orgies of Nicolas, Uolypln & Co. Supporting themselves on those hired and drafted "for service," the dis- ciplined murderers, they issue orders to kill thq workers even when the latter merely misbehave a little, never even dreaming to seize the means of production or of the destruction' of government. It is therefore useless to think that they will ever tolerate a state of things where the workers would openly arm themselves with the view of offering resistance to the armed kiHers. They strive to rule, to live a life of luxury at the expense of the toiler. They will- not give up willingly their grab. No one will offer the workers anything of value. They will receive nothing but what they themselves manage to wrest away. F. H. Babef was right when he said " all that is great" and worthy of the people cajo be realized only by the people themselves and no one else." " It is self-understood," wrote Lavrov " that the rulers of the world and the helmsmen of the existing governments will not step down and renounce will- ingly their comfortable positions. They will employ all their tremendous re- sources and the resources of the existing state organizationg, which are com- pletely loyal to their interests, in the defense of their power,. Workers, com- munism can D-Ot be brought about by means of a legal reform, the only road which will lead to this, is the road of ,sQcial revQlu,tion." "Against that physical force which is barricading our way," observes Malatesta. " we can do only one thing, and that Is, turn to physical force, a violent revolution." Only social revolution, can fvee the worker afld only the working class can " put over " a social revolution. There are no legal means, nor can there be any whereby tru*^ liberty could be obtained, for the laws are the products of those that favor and defend the existing order of things. By the word "social revolution" we mean a complete destruction of the present order and not merely the transfer of government power into' the hands of social democrats ; in other words, not with a view of intrusting the political minority with the power we came out to destroy, a dream cherished by the social Jacobins. You can not call a set of reforms, whatever they are, a revolu- tion ; you can not apply this term to a play at parliamentary combinations. Social re\'olution in its first phase is an armed insurrection. We might as well call it by its real name right from the beginning instead of applying terms which are much better suited to the various other social movements. The best definition of the term "social revolution " has been made by Lavrov : " Whatever other attributes you may add to the train of social revolution," he writes, " one must be positively certain and it is this : It must begin and be^n immediately, with tSie turn over of all possessions, private and state, to the common control. All resources should be declared common property," wrote this scholar. Complete destruction of private control of natural resources and capital, com- plete destruction of power to rule, and the institutions invested with powers to enforce the rule of one man over another, those are the outstanding features of social revolution. Beothek, 40 SEDITION. Exhibit D. GO-AHKAD. The senile fossils ruling the United States see red ! Smelling their destruction, they have decided to check the storm by passing the deportation law affecting all foreign radicals. We, the American anarchists, do not protest, for it isi futile to waste any energy on feeble-minded creatures led by His Majesty Phonograph Wilson. Do not think that only foreigners are anarchists, we are a great number right here at home. _. Deportation will not stop the storm from reaching these shores. The storm is within and very soon will leap and crash and annihilate you in blood and fire. Yofl have shown no pity to us ! We will do likewise. And deport us ! We will dynamite you ! Either deport us or free all ! The Ameeican Anabchists. Exhibit B. to aems, comrades ! Time and again you have been foolish enough to ask or to expect the present exploiting system to go out of existence peacefully. Day after day the upholders of this exploitation — the Government, have murdered, crippled, and imprisoned thousands of our fighters, while you were answering with paper protests. But what has happened all over the country on Friday, November 7, 1919, when huMreds of our comrades were brutally crippled, assaulted, beaten up and then arrested by the wolfish, degrading, cowardly, dirty, thug-armed beasts of the Government, ought to open the eyes of every rebel worker who struggles for the overthrow of this system, that it is time tOiChange the methods of fight- ing our murderous enemies ! Open meetings of revolutionary organizations must stop. Instead of which all must resort to conspirative meetings in czarlstlcally Russianized America, as in the olden days of czardom. We must also be prepared so that when our conspirative gatherings are at- tacked, no such horribie scene as on the Bloody Friday . of November 7, 1919, should be repeated without bloody — ^yes ! bloody revenge ! We must spend our last money on acquiring guns and ammunition and learn how to shoot — and to shoot Into the beasts who would dare to attack us ! We trust that our comrades of Russia will reiterate on American officials and in this manner avenge the murderous attacks on their Russian brothers who are kept by force in this country and are not permitted to return home. We must unite secretly, call strikes in all Industries, begin to seize all food stores and factories, attack with any weapon you can — capitalism and Its up- holders. Carry on the struggle of the social revolution until capitalism's exploitation system, Government's murder rule, religion's hypocritical assent to these out- rages, together with the daily kept press of the entire country are all destroyed for ever, and in its place establish the anarchist commune society, based on real freedom. Capitalism through Its government has by its Bloody Friday started the spark of the social revolution In America, and It Is up to us, the rebelling workers, to keep the spark burning, until victory is ours — and victory will only come by our beginning to use all weapons of force which we can lay hold of in fighting our enemies ! ' To arms ! rebelling workers of America ! American Anarchist Federated Commune Sovhtts. Exhibit F. ARM yourselves ! The autocratic barbaric suppressions and Imprisonments of this self-called " democratic " country has been within the last two months really Russianized as in the olden days of czardom ! SEDITION. 41 Striking workers in all the industries, especially in the steel industry, are being killed and wounded to death dally by the police, soldiers, sailors, spies, and " special deputies," all henchmen of the Government which are the sole upholders and protectors of capitalism ! A peaceful parade on Wednesday, October 8, 1919, to protest against the Allies and United States hypocrisy, dishonesty, and murderous starvation blockade on revolutionary Russia, was brutally attacked. Men, women, and Children have been clubbed and trampled upon by mounted-police murderers I After such a murderous pogrom on people who thought that they had at least the liberty to walk on " their " streets, capitalism's leading prosecuter, A. Korke, against you workers, had the shameful, brazen audacity to say: "We are trying to flnd1)ut whether there was a deliberate attempt to create a riot." There -was a " deliberate attempt " not only . made but also carried out by the order of this dirty scoundrel himself, who dared yet afterwards to arrest some of those whom his cohenchmen have so unhumanly attacked ! Since the Government has czaristically Russanized Its methods in clubbing and murdering you whenever you raise your voices in protest against injustice or dare to go out on strike, there remains for you, the workers, only one thing left, and that is to arm yourselves ! We therefore call upon you, the striking steel workers, and of every other industry, to arm yourselves for to uphold your rights as free human beings, just as much as capitalism through its Government is armed and attacks you In order to keep you in slavery. And from now on all of you workers who Intend to go out marching on " your " streets will know that you shall never go out again — unless you will be armed to repulse those that will dare to attack you ! We appeal to yon soldiers, sailors, and police who can think to refuse club- bing the workers who struggle to liberate themselves from the present economic slavery; but those of you who will refuse to be with the workers had better find out what used to happen to such in Russia when czarism was in its full awing, as it Is at present in this country ! Especially we would urge those overwlse leading henchmen of this city— Eorke, Weeks, Gegan, and their like — that they may as well drop their " high positions," for they will have to pay the price for every worker killedl oi* wounded ! Workers of America, begin to arm yourselves and fight back in the same manner as you are being attacked ! The bloody war of capitalism, through its Government, against you, its workers, is on ! . . , ^ .. ^ Therefore be not the meek, submissive slave any longer. Arise and start to fight back until you who produce the commodities of life shall also own and enjoy them, then you will have no more wars and bloodshed, for capitalism. Governments, churches, and the kept press will have been destroyed forever, and In its place we shall have the new society of brotherhood, equality, and happiness — the anarchist commune society ! American Anaechist Fedeeated Commune Soviet of New York Cmr. Exhibit H. To the working people of America: The war is over. Your exploiters have quickly placed their profits in safety. You the working slaves, will soon find yourselves on the streets, facing a hard winter, looking for work, for It Is your only means to supply yourselves with the necessities of life. Because you lack the courage to use other methods . You have tolerated all the moral and physical slaveries during this war When you dared open your mouths in protest you were quickly railroaded to ■"^What were your profits out of this war? You lost all the little of liberty you had and you gave your sons, brothers, and fathers away to be shot down like dogs and left to rot In the fields of France ! For what? For the glory of the American flag ! , . ^ ... j So that your masters may have bigger markets to sell their merchandise and exploit other people like you. 42 SEDITION", The workers of Russia, Germany, Austria, and other countries have risen and have overthrown their rul«rs. Not by ballots, but by arming themselves, as it is your only means. lou alone do not budge. Are you afraid to follow their example? Are you afrala to tate by force what rightfully belongs to you? Will you be meek and slavish? Will you wallaw under the iron heel of your masters? Or will you tear your way %■ the revolution to a better and happier life? Which will you choose? A Group of Wobking Men. Exhibit I. PBOCI.AMATION ISSUED BY THE COMMUNIST PAETT OF AMERICA, LOCAI. OBEATEB NEW YORK. To the sMkmff- longshoremen: Longshoremen ! Sixty thousand of you are out on strike. You struck against the bosses and the Government Wage Adjustment Board. Tou also struck in defiance of the union officials. Tou are striking against the " scab unionism " of the American Federation of Labor. The Wage Adjustment Board refused to grant your demands. Your leaders urged you to remain at work. Strike means victory ;, arbitration means defeat. Your leaders wanted arbitration. Angered beyond endurance at the board's award and the treachery of your leaders you walked out. Your officials are breaking your strike. The prosti- tute press is trying to break your strike. The bosses, with the able assistance of your leaders, and the Government are preparing to break your strike. You are determined to stay out. Workers ! You have repudiated your leaders. You have repudiated your scab form of American Federation of Labor unionism. You must form a transport workers' industrial union. Unite with the striking expressmen, stevedores, ferry workers, deck-hands, platform men, truck drivers, chauffeurs, freight handlers, etc; unite with all those who are employed in the transpor- tation industry for one big industrial transport workers' union. Already the shipping is advertising that it will protect scabs at 75 cents an hour. The Government will send soldiers to take your places. Some are doing this dirty work already ; 18,000 more soldiers are on the way. Before the war the bosses hired their strike breakers from strike-breaking agencies. Now they use the Army itself as a strike-breaking agency. Do you see whose Government this is? The bosses own the State — ^its Army, its police, its press. The Government Wage Adjustment Board represents the State. Did it decide in your favor? The Army is being sent to the piers. To protect you or to scab on you? The police! Whose heads are they going to crack when you go on the picket line — ^yours or the scabs'? The press! Whose side are the newspapers taking — yours or the bosses? Don't you see that the bosses own and control the whole governmental machinery? Did you ever receive a square deal from the bosses? How, then, can you expect to receive a square deal from the bosses' Gov- ernment? The Government will place squads of soldiers at the piers with rifles and machine guns to shoot you down. If you hold your ground they will establish martial law ; they will break up your meetings, raid your homes, arrest you— just as they are doing to the steel strikers in Gary now. In other words, they will try to crush your spirit, break your solidarity with your fellow workers and send you back to work like a lot of beaten dogs. Will you submit tamely to all this? Forming an industrial union will of itself not solve your problems. It is only a step. Going to the polls on election day will not bring you victory. Don't expect politicians to free you from capitalism and misery. Depend upon yourselves. The only way is to get rid of the present bosses' Government and establish a workers' government in its place. A workers' government like the soviet republic of Russia. The present Government is a government of the capitalists, by the capitalists, for the capitalists. You must aim for the establishsment of a workers' republic of workers, by the workers, for the workers. Look over the whole country to-day. What do you see? Strikes! Strikes' Nothing but strikes! You are on strike. The steel workers are on strike the expressmen are on strike. The machinists are on strike. The shipbuilders SEDITION. 43 are on strike. The Inmbennen are on istrlkei The bricklayers are on strike. The carpenters are on strike. The tailors are on strike. Every industry is tied up with strikes. The coal miners will have a general strike on November 1. The railroad workers may break out any day against the Government anti- strike raw. These workers are all striking for the same reason. They can't get along on the wages they get. They must get more, but the bosses who made huge fortunes out of the war and the miseries of the poor refuse to- give it to them. The cost of living is rising higher and higher. A dollar to-day is worth less than 50 cents before the war. The whole rotten system is going to pieces. The struggle between the workers and the capitalists Is going on all over the worW. There is only one way out for the workers of America. The workers must capture the powers of the State. They must conquer the means by which the capitalist class maintains itself in power. The answer to the dictatorship of the capitalists is the dictatorship of the workers. All povs'ter to the workers. Exhibit .T. To You Workern of Aiiierwa, Colored or White: Within the last few weeks we have been witnessing bloody race riots between colored and white workers in difEerent payts of the country, which has so far resulted in the murdering of many workers,, colored as well as white, and at the present moment it seems that these riots will spread, thus increasing the dead toll to still higher numbers. What are the reasons for these outbreaks? The main reason seems to be that the colored workers have come in large numbers into the big cities, from the South, and lowered the wage scale on the labor market, or replaced the white workers, a thing which mostly afCects at present the returned soldier. But is it only the uneducated colored worker that is to blame for this slavish iittitude when they didn't have the chance to develop and organize themselves? When such an organization as the American Federation of Labor has con- stantly boycotted, sneered, ignored, and refused to organize them, is it then any wonder when those colored workers are thereby forced to scab and work for lower wages ? And hpw about the whitf exploiting-employer-capitalist^ is he not the main cause for it? To him it makes no difPerence whether the worker lie hires is white or colored, Christian or Jew, so long as he gets the work done for the lowest wage possible. We do not blame them for acting so. Neither do we care to complain nor blame a government which is so anxious (due to capitalism's orders) to bring about " law and order " in Russia, Mexico, .ind Hungary, or any other country where workers arise to throw off their backs the hunchback of capitalism, its government, church, and press, and incite to all the race hatred between us vi'orkers of different races and color, and at the same time they are merrily looking on, not even attempting to " protect " human life, for whlcli they proclaim their supposed " right " to " exist." We know that they would shed all the blood they could to stop these riots if they would be by the workers against the exploiters of our enslavery, the thieves of stolen wealth — " private property." Can't you, the workers and soldiers, colored or white, realize that when we are killing one another It only benefits capitalism and helps to keep them In richness, while we are suffering In want and misery? Don't you see how smilingly glad they are looking on, when seeing that instead of us, the workers of all creeds and colors, fighting for our freedom, we are fighting between ourselves? Instead of avenging the bloody daylight mur- ders of Dayton, Ohio, or Rome, N. Y., we, the workers, are murdering one another ! Will this help us, the workers, in our struggle to liberate ourselves from the present slavery? We especially appeal to you, the soldiers and sailors, white or colored, who are finding yourselves jobless, to think and then realize that killing the worker that is forced to take your job will never remedy the conditions. It Is only by killing the present system of slavery, that the question of " jobs " will be solved forever, for this country is large enough to make it possible for all of us willing to do our share of work, to live in happiness, but before we accomplish this we must organize into worker's commune Soviets in all indus- tries. By our united strength we, the workers, of all colors and creeds, shall 44 SEDITION. start the real worth-while war, for the overthrow of the entire capitalist system iind the taking over of all the industries, farms, and warehouses of the country, whereby we will produce foi- ourselves, and where each one will have what ne needs, without having to hunt or kill one another in order to get a " job. - If blood will have to be spilled in order to enable us to accomplish this, then let it never again be the blood shed by worker against workers, but let xt be the blood of capitalism, its government, church, and press, that will attempt to prevent iis, the workers, from freeing ourselves of the present slavery and our retaking of all the wealth we have produced and been robbed of. , If battles must be fought, if riots must take place, if blood must be shed, in order to destroy the present slavery, then let us do it, and by our united strength start the real war — the social revolution. • AikncEicAN Anarchist Febkkatbd CommuSe' Soviets. Exhibit K. Status of thk Communist Paety Undee the Act of Oongbess Appboved OCTOBEB 16, 1918. (A) IfEDEBAL STATUTE APPIICABIJ; TO THE COMMUNIST PABTY. The act of Congress approved October 16, 1918, amending the immigration laws. of the United States, provides among other things that (1) aliens who disbelieve in or advocate or teach the overthrow by force or violence of the Government of the United States shall be deported; (2) aliens who are jnem- bersjof or affiliated with any organization that entertains a belief in, teaclffis, or advocates the overthrow by force or violence of the Government of the Bnited States shall be deported. (B) PROPOSITION. The Communist Party is an organization advocating and teaching the over- throw by force or violence of the Government of the United States andaaem- bers thereof believe in and advocate and teach the overthrow by force or vio- lence of the Government of the United States. (C) INTEODUCTION. During the year of 1918 a considerable amount of dissension arose in the Socialist Party between the conservative and extreme elements. In a subtle and discreet manner an ultrarevolutionary movement gained headway within the rank.s of the Socialist Party of America, with the result that on November 7, 1918, a Communist propaganda league was organized and established a pub- lication. The Revolutionary Age. In this publication an agitation was started against the so-called " reactionary Socialists," but, with the exception of the Foreign Language Federation, it met with but little response for some months. The pages of the Revolutionary Age called upon the Socialist Party to adopt the revolutionary communist tactics. In February, 1919, there was organized in New York City the left-wing section of the Socialist Party. On February 16, 1919, the foreign language branches and a few of the English branches of the left-wing section issued a manifesto to the members of the Socialist Party. At- tached hereto and marked as " Exhibit 1 " Is a copy of the manifesto of the left-wing section of the Socialist Party. Examination of the manifesto throws considerable light upon the purposes of this organization, which later grew into the Communist Party. I shall now set forth certain extracts taken from the manifesto as illustra- tive of its purposes : "Revolutionary Socialists hold, with the founders of scientific socialism, that there are two dominant classes in society, the bourgeoisie and the pro- letariat; that between these two classes a struggle must go on until the work- ing class through the seizure of the instruments of production and distribution, the abolition of the capitalist state, and the establishment of the dictatorship of the proletariat, creates a socialist system. . Revolutionary Socialists do not be- lieve that they can be voted into power. They struggle for the conquest of power by the revolutionary proletariat." SEDITION. 45 It win thus be seen that it is expressly stated that the revolutionary So- ■cialist planned to seize the instruments of production and distribution and the abolition of the capitalist state. " Between the capitalist society and the communist lies the period of revolu- tionary transformation of the one into the other. This corresponds to a political transition period, in which the State can not be anything else but the dictator- ship of the proletariat * * *. " We assert with Marx that the ' class struggle is essentially a political strug- gle,' and we can only accept hi.s own oft-repeated interpretation of that phrase. The class- struggle, whether it manifest itself on the industrial field or in the direct struagle for governmental control, is essentially a struggle for the capture and destruction of the capitalist state. This is a political act. In this broader view of the term ' political ' Marx includes revolutionary industrial action;. In the sense that it aims to undermine the bourgeois state, which ' is nothing less than a machine for the oppression of one class by another and that no less so in a demncratic republic than under a monarchy.' " Particular attention is to be noted of the doctrine of Marx, wherein it is specifically stated that not only will the class struggle manifest itself on the industrial field but that it will also direct its energies toward the struggle fop Government control' and for the capture and destruction of the capitalist states Attention is particularly called to this expression of Marx's for the reason that communists often allude to their propaganda and program as being political and, therefore, not a violation of the present Federal statutes. It will be noted, however, that Marx, the. spokesman of communists and the formulator of the original communist manifesto explains the class struggle as being an essentially political struggle in that Its end is the destruction of the political state, but that the means of accomplishing such an end is not to be accomplished through political means, but by direct and mass action. " Political action, revolutionary and emphasizing the implacable character of the class struggle. Is a valuable means of propaganda. It must at all times struggle to arouse the revolutionary mass action of the proletariat — its use Is both agitational and obstructive. It must on all issues wage war upon capital- ism and the state. Revolutionary socialism uses the forum of Parliament for agitation, but it does not intend to and can not use the bourgeois state as a means of introducing socialism ; this bourgeois state must be destroyed by the mass action of the revolutionary proletariat. The proletarian dictatorship in the form of a soviet state is the immediate objective of the class struggle. " Marx declared that ' the working class can not simply lay hold of the ready- made state machinery and wield it for Its own purposes.' This machinery must be destroyed. But ' moderate socialism ' makes the state the center of its ac- tion." From the above quotations we again see that the left wing section of the Socialist Party In February of 1919 stated that the bourgeois state must be destroyed by the mass action of the revolutionary proletariat. Later in this brief, a detailed explanation of mass action will be given, but it is illuminating to note that the word " destroy " runs throughout the first manifesto issued by the left wing section of the Socialist Party, and it Is conceded by all parties concerned that the reference to the bourgeois state refers to the Government of the United States, as at the present time there is but one state existing In the United States, namely, the Government, and as will be pointed out later, " the state " is synonymous with " capitalist state " and " bourgeois state." It will be noted from the above quotations that the left wing, in its first manifest, advocated industrial action for political purposes and that they place the ballot as a secondary action for propaganda purposes only. After the issuance of the manifesto, the left wing began to take In members and the propaganda Intensified, particularly In the foreign languages, and on May 10, 1919, they published the manifesto of the first congress of the communist international held at Moscow on March 2 to 6, 1919. A detailed analysis of this manifesto will later be made in this brief. It is sufficient at this point to state, however, that the manifesto of the third international called upon the proletariat to immediately seize government power and substitute in its place the power of the proletariat, and that mass action with force and violence as incidents thereto was openly advocated. In the list of eligible organiza- tions to participate in the International Communist Congress we find but three names of organizations in the United States as considered eligible for such participation, namely, the Industrial Workers of the World, the Workers' In- 46 SEDITIOII. ternatlonal Industrial Ualou, and the left wing of the Socialist Party. Upon examination of the call for the International Communist Congress '«'« w**' note the peculiar similarity between the doctrines enunciated to the 5f " "^ the International Communist Congress and the^jall of the left wmg ot tne tso- eialist Party of New York. ^ ^, t.«„i.jiic=t Following the issuance of the manifesto of the left wing of the s^ociaiist Party the national executive committee of the Socialist Party commenced to take cognizance of the revolutionary movement within its organization ana started counter propaganda. On May 24, 3919, the so-called reactionary sec- tion of the Socialist Party convened in Chicago for the purpose ot discussing the so-called fraudulent election for delegates to the internatioaal confess, and also to discuss the left wing. This conference lasted from May .Z4 to 29, inclusive, and expelled approximately 6,000 left-wing members from Micni- gan and 30,000 from the Foreign Language Federations. They also set August 30 for a special convention in Chicago. ,„,„ ^ ^ , This action caused the left wing to issue a call on May 31, 1919, for iSlele- gates to attend a national left wing convention to be held in New York on .Tune 21. This call was responded" to immediately, and when this conference con- vened, on June 21, there were delegates representing appro^mately 45,000 members. The conference lasted from June 21 to 24, inclusive, the principal discussion being as to whether a Communist Party should be organized at once or whether it would be more advisable to agitate in the Socialist Party until the special convention and then withdraw. It was finally decided to wage a struggle in the Socialist Party until September in order to rally all the revolutionary elements for a Communist Party, meanwhile organizing tem- porarily as the left-wing section of the Socialist Party. At this time they issued a manifesto and program. In this manifesto it will be noted that practically the same wording and Iihraseology is used as was used by the Bolsheviks for the International Com- munist Congi-eBS, which will be analyzed later. The manifesto attacked social patriots scoffing at parliamentary action and advising mass action in conquer- ing, suppressing, and overthrowing the bourgeois State, establishing the dictator- .shlp of the proletariat for the transitory period. The following are some of tlie extracts from this manifesto, which show the nature of the organization : " Revolutionary socialism, on the contrary. Insists that the democratic par- liamentary state can never be the basis for the introduction of socialism ; that it is necessary to destroy the producers, which will deprive the bourgeoisie of political power and function as a revolutionary dictatorship of the proletariat. " But there is a more vital tendency — the tendency of the workers to initiate mass strikes — strikes which are equally a revolt against the bureaucracy in the unions and against the empiloyers. These strikes will constitute the determin- ing feature of proletarian action in the days to come. Revolutionary socialism must use these mass industrial revolts to broaden the strike to make it general and militant; use the strike for political objectives, and finally develop the mass political strike against capitalism and the State. ' " The mass strikes of the American proletariat provide the material basis out of which to develop the concepts and action of revolutionary socialism. " Our task Is to encourage the militant mass movements in the American Federation of Labor, to split the old unions, to break the power of unions which are corrupted by imperialism and betray the militant proletariat. The Ameri- can Federation of Labor, in its dominant expression, is united with imperialism. A bulwark of reaction, it must be exposed and its power for evil broken. "Our task, moreover, is to articulate and organize the mass of the unor- ganized industrial proletariat which constitutes thelbasis for militant socialism , " The class struggle is a political struggle in the sense that its objective is political — the overthrow of the political organization upon which capitalistic exploitation depends and the Introduction of a new social system. The direct objective is the conquest by the proletariat of the power of the State. ."Revolutionary socialism does not propose to 'capture' the. bourgeois par- liamentary state, but to conquer and destroy it. Revolutionary socialism accordingly, repudiates the poUcy of introducing socialism by means of legis- lative measures on the basis of the bourgeois state. This state is a bourgeois state, the organ for Oie coercion of the proletarian by the capitalist How- then, can it introduce socialism? As long as the bourgeois parliamentarv state prevails, the capitalist class can baffle the will of the jiroletariat since SEDiTiosr. 47 all the political power, the Army and the police, industry and the press are in the hands of the capitaists, whose economic power gives them complete domination. The revolutionary proletariat must expropriate all these by the conquest of the power of the state by anhihilating the political power of the bourgeoisie before it can begin the task of introducing socialism. " Eevolutlonary socialism, accordingly, proposes to conquer by means of political action — political action in the revolutionary Marxian sense, which does not simply mean parliamentarism, but the class action of the proletariat in any form having as its objective the conquest of the power of the state. " But parliamentarism can not conquer the power of the state for the pro- letariat. The conquest of the power of the state is an extraparliamentapy act. It is accomplished, not by the legislative representatives of the prole- tariat, but by the mass power of the proletariat In action. The supreme power of the proletariat inheres in the political mass strike, in using the indus- trial mass power of the proletariat for political objectives. " The final objective of mass action is the conquest of the power of the state, the annihilation of the bourgeoisie parliamentary state and the intro- duction of the transition proletarian state, functioning as a revolutionary dictatorship of the proletariat. " Dictatorship of the proletariat. — The attitude toward the state divides the anarchist (and anarcho-syndicalist), the moderate socialist and the revolu- tionary socialist. 'Eager to abolish the state (which is the ultimate purpose of revolutionary socialism), the anarchist (and anarcho-syndicalist) falls to realize that the state is necessary in the transition period from capitalism to socialism. The moderate socialist proposes to use the bourgeois state, with its fraudulent democracy, its Illusory theory of the ' unity of all the classes,' its standing army, policy, and bureaucracy oppressing and baffling the masses. The revolutionary socialist maintains that the bourgeois parliamentary state must be completely destroyed, and proposes the organization of a new state, the dictatorship of the proletariat. ' " The state is an organ of coercion. The bourgeois parliamentary state is the organ of the bourgeoisie for the coercion of the proletariat. The revolu- tionary proletariat must, accordingly, destroy this state. But the conque.st of political power by the proletariat does not immediately end capitalism or the power of the capitalists or Immediately socialize industry. It is thert>- fore necessary that the proletariat organize Its own state for the coercion and 'Suppression of the bourgeoisie. . " The old machinery of the State can not be used by the revolutionary proletariat. It must be destroyed. " The state of proletarian dictatorship is political in character, since it rep- resents a ruling class, the proletariat, which is now supreme; and it uses coercion against the old bourgeois class. But the task of this dictatorship is to render itself unnecessary ; and it becomes unnecessary the moment the dictator- ship of the proletariat performs its negative task of constructing the old order, it performs the positive task of constructing the new. Together with the Government of the proletarian dictatorship there is developed in the old sense, since it concerns Itself with the management of production and not with the government of the persons. Out-of-workers' control of industry. Introduced by the proletarian distatorshlp, there develops the complete structure of communist socialism— industrial self-government of the communistlcally or- ganized producers. When this structure Is completed, which impUes the com- plete expropriation of the bourgeoisie economically and politically, the dic- tatorship of the proletariat ends, in its place coming the full and free social and individual autonomy of the communist order." From the above we see that the left wing of the Socialist Party, which later became the Communist Party, specifically states that it does not Intend to capture the bourgeoisie parliamentary state, but to conquer and destroy it, and that the final objective of mass action is the medium Intended to be used in the conquest and destruction of the bourgeoisie state to annihilate the par^ llamentary state and introduce a revolutionary dictatorship of the proletariat. In another quotation, it is specifically stated that the proletariat must organize its own state for the " coercion and suppression of the bourgeoisie. Through- out the above manifesto, advocation of force and violence is sponsored by the left-wing party. ^ , ^ ^ ti. After the conference, at which the above manifesto was formulated, the efforts of the Socialist Party Intensified and the national executive committee of that party continued to expel members. 48 SKDITION. On July 19, 1919, tlie left wing of the SoelaUst Party issued a call for a convention to be held in Chicago on September 1, for the purpose of organizing a Communist Party. Attached hereto and marked "Exhibit 2" is a copy ot the Communist for July 19, 1919, containing the call for the national conven- tion. I will not advert to the contents of this call other than to point out that its phraseology rand meaning was consistent with all the documents we have previously examined and that they again talk of conquering and destroying the state by mass action, thereby establishing clearly that they were following the lead of the Bolshevik and the first congress of the Communist International. On August 30, 1919, the Socialist Party of America convened in Chicago for the purpose of discussing and, if possible, harmonizing the dissatisfied elements within its organization. The left wing of the Socialist Party tried to be seated and capture the convention, but were defeated in their attempt, with the result that they bolted the convention and convened the Communist Party convention on September 1, 1919,. which lasted until September 7, 1919. Approxi- mately 129 delegates attended this communist convention, representing 55,000 members. Officers were elected and a manifesto and program adopt;ed which was consistent with all of the manifestos and programs previously issued by tho left wing of the'Socialist Party. The official manifesto and program will later be analyzed in this brief. Immediately at the close of this convention the Communist Party proceeded with an extensive propaganda, issuing a large number of pamphlets, not only in English but also in foreign languages, and. immediately established the publication, of The Communist, the official organ of th^ Communist Party, >\ periodical Issued weekly from the headquarters of the organization in Chicago. The energies of the party were immediately directed toward the acquisition of new members, and to date the Communist Party has added to its original membership hundreds of new members, and is at present carrying on a most extensive and intensified propaganda. (1)1 {(IMMt'XrST INTERNATIONA!.. Reference ha.=i pre^■^ously,been made to the third International or t6 the first International congress of couimunists, and I will later show that the Com- tnunist Party of America is actually affiliated and adheres to the teachings, program, and tactics of the third international. In order that an intelligent understanding may be had of the principals of the third International, It will be necessary to analyze in detail various provisions of the manifesto which Was issued in connection with this international. The first congress of the Communist International was held at Moscow from March 2 to 6, 1919, and on March 10, 1919, a manifesto was issued, signed by Charles Rakovsky, N. Lenin, G. Zinoview, Leon Trotzki, and Fritz Platten. Attached hereto and marked as " Exhibit 3 " is a translation of the manifesto of the Communist International. The manifesto calls upon the proletariat to ■seize all Government power and substitute in Its place the power of the pro- letariat. It is noted that the manifesto is addressed not only to thfe proletariat of Russia but to the " proletariat of all countries." It proceeds with a dis- cussion in which the statement Is made that the proletariat recognizes neither Inherited privileges nor rights of property. It urges the formation of workers, ■soldiers' and peasants' counsels to oppose them to the State apparatus and to -achieve " the same conditions as exist in Soviet Russia." Later in the mani- festo we find the following statement : " The working class must answer blow for blow, if it will not renounce its own object and its own future, which is at the same time the future of all humanity." Immediately following this- quota- tion is found the following statement : " This makes necessary the disarming of the bourgeoise at the proper time, the arming of the laborer, and the formation of a communist army as the protector of the rule of the proletariat and the Inviolability of the social structure." It will be particularly noted that the quotations set forth above directly advocate force and violence in acquiring the ultimate aim of the proletarian dictatorship. I call particular attention to thfese particular quotations at the present time, for I shall later point out that each member of the Communist Party of America pledges himself to the principles and tactics set forth in the Communist International. Later in the manffesto of the Communist International we find open advoca- tion of mass action, and the following quotation is particularly interesting- " It must end the domination of capital, make war impossible, wipe out State boundaries, transform the whole work into one cooperative commonwealth, and SEDITION. 49 k'^I? ^SSV* T^ ''1*°?*° brotherhood and freedom." This quotation is followed by the following statement;: "This monstrous new conspiracy of the capital^ class must be met with the proletariat by seizure of the political power of the State, turning this power against its class enemies, and using it as a lever 1" ®l*i°.^?:*'*'*' ^^ economic revolution." The next division of the manifesto is headed The conquest of political power," and the following is the explanation of what IS meant by the conquest of the political power • «"»""" " Seizure of political power by the proletariat means destruction of the poUti- 7 fPT^tl .t^e bourgeoisie. The organized power of the bourgeoisie is in the civil state, with its capitalistic army under control of bourgeois junker officers Its police and gendarmes, jailors and judges, its priests. Government officials, etc! Conquest of the political power means not merely a change in the personnel of mmistries but annihilation of the enemy's apparatus of government; disarma- ment of the bourgeoisie of the counter revolutionary officers, of the White Guard, arming of the proletariat, the revolutionary soldiers, the Red Guard of workmgmen, displacement of all bourgeois judges and organization of proleta- rian courts ; ehmination of control by reactionary government officials and sub- stitution of new organs of management of the proletariat. Victory of the prole- tariat. Victory of the proletariat consists in shattering the enemy's organiza- tion and organizing the proletarian power ; in the destruction of the bourgeois ' and upbuilding of the proletarian state apparatus. Not until the proletariat has achieved this victory and broken the resistance of the bourgeoisie can the former enemies of the new order be made useful by bringing them under control of the communist system and gradually bringing them into accord with its work." From the above it will be noted that by the seizure of political power is meant the. destruction of the political power of the bourgeoisie. It specifically advo- cates the elimination of government officers, police, judges, and priests. It lirges the arming of the proletariat and the creation of a Red Guard. There is no effort to accomplish in this instance the ultimate aim by parliamentary action, but it is conclusive that in order to attain the aim desired that force and violence will be resorted to as a means of acquiring the desire. Later In the manifesto we find the following quotation : "As the opposition of the bourgeoisie Is broken, as it is expropriated and gradually absorbed into the working groups, the proletarian dictatorship disap- pears, until finally the State dies and there are no more class distinctions." It will thus be seen from the foregoing quotation that the Communist Inter- national borders virtually upon the borders of anarchy, in that it contends through its efforts there will be no necessity of a state or government. In the manifesto we find open advocation for the expropriation of the means of production and the distribution of such means into the common property of the proletarian state. It specifically advocates the expropriation of factories, mines, and estates, and, to use the words of the manifesto, advocates the " trans- fer of the large mansions to the local workers' councils and move the working people into the bourgeois dwellings." Thus we see an utter disregard of the rights of property. Under the heading of " The way to victory," which closes the manifesto, the following statement appears : " The revolutionary era compels the proletariat to make use of the means of battle which will concentrate its entire energies, namely, mass action with its logical resultant direct conflict with the governmental machinery, in open com- bat. All other methods, such as revolutionary use of bourgeois parliamentarism, will be of only secondary significance." Thus we come to the close of the communist International manifesto, and find that parliamentarism is to be considered victory in the drive of the com- munists for world-wide control and that it openly advocates mass action which will result in direct conflict with the governmental machinery in open conflict. There can no longer remain any doubt In even the mind of a reader who gives but casual note to the manifesto of the communist International, that it openly advocates the overthrow of the Government of the world by force or violence. (E) COMMUNIST PABTT OF AMERICA. Now that we have examined the manifesto of the communist international, the next phase of the communist movement which should be considered is the manifesto and program of the Communist Party of America. Attached hereto 166718—20 i 50 SEDITION". and markedas " Exhibit 4" is a copy of said manifesto and program, af i^^?'* by the Communist Party from its general headquarters at Chicago, 111. JL^e essense of the communist program is that the proletariat must be so directed and educated that by mass action they wiU at one sweep destroy the otate an destabllsh a dictatorship of the proletariat in the form of Soviets, which will exist until the burgeois is suppressed and destroyed, and the proletariat i* organized into the working groups and the communist commonwealth is estab- lished. They will only use parliamentary action (the ballot) as propaganda. I ^111 now endeavor to analyze in detail the manifesto of the Communist Partv as adopted at its first national convention in Chicago, September 1, 1919. On page 1 of the manifesto we find the following statement : " The struggle is between the capitalist nations of the world and the international proletariat, inspired by Soviet Russia." Thus we see behind the movement of the Com- munist Party in this counti-y the inspiration of the Bolshevik forces now at work in Russia. On page 3 of the manifesto reference is made to the attitude of the Socialist Party of America during the war. An examination of page 3 shows that th& communists lack partiotism for the Communist Party is founded upon inter- nationalism and not nationalism. On pages 5 and 6 of the manifesto we find the urging of the establishment of the dictatorship of the proletariat, which will be of particular significance in view of the advocation of such dictatorship by the communist international above discussed In detail. On page 6 we find set foi^:h in the manifesto of Communist Party what com- munism considers its conception of the State, and the following is a quotation taken from page 6 : " There is a common policy that characterizes moderate socialism ; that is, its conception of the State. Out of the conception that the bourgeois parlia- mentary State is the basis for the introduction of socialism developed a directly counterrevolutionary policy. " Communism rejects this conception of the State. It rejects the idea of class reconciliation and the parliamentary conquest of capitalism. The Com- munist Party alone is capable of mobilizing the proletariat for the revolu- tionary mass struggle to conquer the power of the State." Thus we see that the Communist Party of America rejects parliamentary actions as its means to accomplish its end and directly sponsors mass action in its campaigns. On page 8 of the manifesto we find the advocation of strikes and the seizure of the functions of industry and government by the strikers as was done in th& Seattle-Winnipeg general strikes. On page 9 we find the following statement : " Laborism is as much a danger to the proletarian as moderate petty bourgeois socialism." Again, on page 9 we learn of the attitude of the Communist Party toward the fomenting of dissatisfied unrest : " But there is a more vital tendency toward the workers to start mass strikes — strikes which are equally a revolt against the bureaucracy of the unions and the capitalists. The Communist Party will endeavor to broaden and deepen these strikes, making them general and militant, developing the general political strike." This Is of particular significance due to the fact that in the great coal and steel strikes which have been existing In the United States for the past several months, investigation has shown that Communist Party has been actively en- gaged in its propaganda in fomenting industrial unrest, a doctrine specifically advocated in its manifesto and to which, as I will later show, each and every member of the Communist Party pledges himself to adhere. On page 9 of the manifesto under the heading " Political action " we find the following statement: " It is a political struggle In the sense that its objective is political — over- throw of the political organizations upon which capitalist exploitation depends, and the introduction of a proletarian State power. The objective is the con- quest by the proletariat of the power of the State. Communism does not pro- pose to ' capture ' the bourgeoise parliamentary State, but to conquer and de- stroy It." Thus we find that the Communist Party of America specifically pledges itself not only to capture the bourgeoise parliamentary State but also to conquer and destroy it. Virtually the same language is found here as is found in the manifesto of the Communist International. SEDITION. 51 On page 10 of the manifesto we find the statement that the use of parlia- mentarism is only of secondary importance, and that the conquest of the power of the State is to be accomplished by the mass-power of the proletariat, result- ing in the mobilizing of this control against capitalism, which means the initial form of the revolutionary mass action that will conquer the power of the State. On page 11 we find the particular significant statement of organization along the industrial lines rather than along craft lines, showing its similarity to the Industrial Workers of the World. Pages 12 and 13 of the manifesto contains illuminating passages upon the doctrine of mass action, from which I will merely quote one sentence thereof, although all of the passages appearing on the pages mentioned are pertinent: " Therefore it is necessary that the proletariat organize its own State for the coercion and suppression of the bourgeoisie." The above concludes the mani- festo of the Communist Party of America, and it is now necessary for us to examine in detail the program adopted at the Chicago convention. On page 14 of the pamphlet attached and marked as " Exhibit 4 " we find the program of the Communist Party, starting out with the following state- ment: "The Communist Party's aim is to direct this struggle to the conquest of political power, the overthrow of capitalism, and the destruction of the bourgeois State." On page 15 the follovring statement appears : " The Communist Party main- tains that the class struggle is essentially a political struggle; that is, a struggle to conquer the power of the State." On page 16 we find the Communist Party's program pledged to the fomenting of mass strikes and the establishment in each industrial center and each in- dustrial plant of a local committee for the purposes of stirring up the unrest. On pages 16 and 17 we find the Communist Party against ihe unionism of the American Federation of Labor, to use the language of the program, as follows : " The Communist Party recognizes that the American Federation of Labor is reactionary and a bulwark of capitalism." On page 17 of the program we find the Communist Party embracing the Industrial Workers of the World and militant unions of the American Federa- tion of Labor. Page 17 also contains the fact that the Communist Party will use tiieii- efforts to agitate among the unskilled workers so as to obtain their support. Page 18 of the program we find the following statement : " The Communist Party will carry on among the negro workers agitation to unite them with' all class conscious workers." Thus we see the cause of much of the racial trouble in the United States at the present time. The program closes with the following statement : " There must be close unity with the Communist International for common action against impe- rialism." From the above we see that not only is the Communist Party of America pledged to overthrow the Government of the United States by force and vio- lence, but that it is also pledged to foment industrial unrest through mass strikes and to stir up and agitate racial prejudices throughout the entire country. In Exhibit 4, in which is contained the manifesto and program of the Com- munist Party, we find also the constitution of this party ,from which I will quote but one section : " Sec. 8. No person shall be accepted as a member who enters into the service of the National, State, or local government bodies otherwise than through the civil service or by legal compulsion." The last part of Exhibit 4 contains a report by Louis C. Fraina, interna- tional secretary of the Communist Party of America, to the executive commit- tee of the Communist International. Thus we see that the Communist Party of America reports directly to the communist international, with which it is affiliated according to its constitution and program. (f) mass action. Numerous references have above been made to the term "mass action," which we find employed not only in the manifesto of the Communist Interna- tional, but also in the manifesto of the Communist Party of America. In order that there may be no misunderstanding as to the direct meaning of the term " mass action," we will now consider the explanation of the term " mass 52 .SEDITION. action." As set forth lu report by Louis C. Fraina, under subtitle " Unions and mass action," we find the following statements appearing in Fralna's work : " It is the unity of all forms of proletarian action, a means of throwing the proletariat, organized and unorganized, in a general struggle against capital- ism and the capitalist state. "The value of this mass action is that it shows the- proletariat its power, weakens capitalism, and compels the State largely to depend upon the use of brutal force In the struggle, either the physical force of the military or the terrorism ; this emphasizes antagonisms between proletarian and the capitalist, widening the scope and deepening the intensity of the proletarian struggle against capitalism. " Organizations, political and economic, have a tendency to become coa- servative ; ' a tendency emphasized, moreover, by the fact that they largely represent the more favored groups of workers. The organizations must be swept out of their conservatism by the elemental impact of mass action, func- tioning through organized and unorganized workers, acting instinctively under the pressure of events and in disregard of bureaucratic discipline. "A vital feature of ma? s action is precisely that it places in the hands of the proletariat the power to overcome the fetters of the e organizations, to act in spite of their conservatism, and through pi'oletarian mass action emphasize antagonisms between workers and capitalists and conquer power. " MASS ACTION IS TIIE PROI-ETABIAT ITSELF IN ACTION. " The class power of the proletariat arises out of the Intensity of itg strug- gles and revolutionary energy. It consists, moreover, of undermining the bases of the power and morale of the capitalist state, a process that requires extraparliamentary activity through mass action. " It is the concentration of proletarian forces that makes mas-i action the method of the proletarian revolution. " The proletarian revolution Is a test of power, a process of forcible strug- gles, an epoch in which the proletariat requires a flexible method of action, a method of action that will not only concentrate all its available forces, but which will develop its initiative and consciousness, allowing It to seize and use any particular means of struggle In accord with a prevailing situation and necessary under the conditions. " Socialism virill come not through the peaceful, democratic, parliamentary conquest of the state, but through the determined and revolutionary mass action of a proletarian minority. " Parllamentarif m in and of itself fetters proletarian action ; organizations are often equally fetters upon action ; the proleteriat must act and always act ; through action it conquers. " Mass action is a dynamic, pliable, creative ; the proletariat, through mass action, instinctively adapts it- elf to the means and the tactics necessary in a prevailing situation. The forms of activity of the proletariat are not lim- ited and stultified by mass action; they are broadened, deepened, and coordi- nated. Mass action is equally a proces?! of revolution and the revolution itself in operation. " It will be noted by an examination of the above that the basis of the so- called mass action is primarily industrial and economic in function, but actu- ally political in purpose. It basicly functions on the industrial and economic field through mass action (meaning the general strike, or direct action) to force concessions from the so-called bourgeoise state, considering parliamentary action hut secondary at best. Hence, if mass action Is to be the principal method used to bring about the communist commonwealth, with parliamentary action (the ballot) as a poor secondary method, we can conclude but one thing, and that is: Mass action is the very essence of force and violence. The above needs little or no comment, as the substance of same is well ex- pressed in Its last ph,rase, " Mass action is the very essence of force and vio- lence." It is to be borne in mind that the above exposition of mass action is given by Louis C. Fraina, the official head of the Communist Party of America, and a man who directs its purposes and energies. (O) MEMBERSHIP OF THE COMMUNIST PARTY OF AMERICA. From the examination of the above documents, namely, the manifesto of the Communist International and the manifesto of the Communist Party of America, we find advocation of doctrines for the overthrow of the Government SBDiTiosr. 53 of the United States, not by parliamentary action but by direct action or mass action, which, as above shown, means force and violence. Thus the Communist Party of America stands indicted under the act of October 16, 1918 However in order that there may be no doubt as to the responsibility of Individual mem- bers of the Communist Party of America, we have but to examine the applica- tion for membership which each member must sign upon entering the organiza- tion. The following is a statement taken from the application ■ " The under- signed, after having read the constitution and program of the Communist Party declares his adherence to the principles and tactics of that party and the Com- munist International ; agrees to submit to the discipline of the party as stated in its constitution ; and pledges himself to engage actively in its work " Thus we see from the above that each and every member accepted for mem- bership in the Communist Party pledges himself not only to the constitution and program of that party, but also to the principles and tactics of the Com- munist International, and further pledges himself to engage actively in the work of carrying out such principles and tactics. Attached hereto and marked as " Exhibit 5 " is an application for membership of the Communist Party of America. Attached hereto and marked as " Exhibit 6 " is a copy of the membership card issued to each member of the Communist Party of America, on which it will be seen that the statement appears, "Affiliated with the Communist Inter- national." From the above examination of the membership we find that each member of the organization knowingly accepts the principles and tactics of the organiza- tion and pledges himself to the purpose of not only the Communist Party of America, but also of the Communist International, which is the ruling power of Soviet Russia. (H) ACTIVITIES OF COMMUNIST PARTY OF AMERICA. In order that we may gain a view into the actual propaganda work of the Communist Party of America, we have but to examine a few samples; of its literature, Attached hereto and marked as " Exhibit 7 " is a leaflet issued by the Com- munist Party of America, entitled " The capitalist challenge you, workingmen." This circular. It will be noted, bears upon the steel strike at Gary, Ind., and urges the workers to resort to mass action. Of particular significance is the fol- lowing statement appearing in the circular : " The National Government — the capitalist State — ^has stepped in." Thus we see that the Communist Party uses the " capitalist State " as a term synonymous with the National Govern- ment. The circular urges the workiBgmen to express opposition to law and order, and ends with the statefnent, " The workers must capture the power of the State." Attached hereto and marked as " Exhibit 8 " is a circular issued by the Communist Party of Ajnerlca, entitled " Your shop." In this circular we find the workers urged to take over the shops and urged to adopt mass action in accomplishing this purpose. Further, we find the workers urged to establish in this country the present conditions existing in Russia. Attached hereto and marked as " Exhibit 9 " Is a copy of a circular entitled " The State — strike breaker." This circular was printed in Detroit, Mich., on November 3, 1919, and through the efforts of the Federal authorities was never actually circulated. It will be noted that the circular was issued after the Injunction had been Issued by the court upon the coal strike, and yet vye find the Communist Party of America openly violating that injunction. The exami- nation of the circular shows an attitude of satire upon the Government of the United States. The miners are urged to take over the mines and the circular incites the workers against the Government. The following statement appears : "The workers must conquer that power (the State). The workers are urged, to establish a dictatorship of the proletariat." The same phrasing is used In this circular as was used by the Communist International. Attached hereto and marked as " Exhibit 10 " Is a copy of a circular issued to the workers of the world by the executive committee of the Communist In- ternational, with which the Communist Party of America is affiliated, accorfling to its own statement, and wherein protest is again made against the VersiiiHes peace treaty. It is also further urged in the proclamation to the workers of the world that there should be a world-wide revolution, like that existing in Russia, with a resultant destruction of the bourgeois state. The above is but a smaU sample of the literature circulated by the Communist Party of America, but is sufficient to definitely establish its type of propaganda. 54 SEDITION. (I.) PUBLIC OPINION ON COMMUNIST PAKTY 0¥ AMERICA. The Communist Party of America has been in existence for so short a time that few States have as yet been able to proceed against members of the organi- zation; however, In New York State, under the criminal-anarchy law of that State, a large number of the members of the Communist Party of America have been indicted, and the following is a quotation from the opinion of Chief ' Magistrate William McAdoo upon the nature of the organiaztion : " The Communist Party is intended to destroy organized government and it appeals for class hatred, and the Communist Party is an organized conspiracy Jlgainst the United States Government and the State of New York, and each member of the party Is guilty and responsible for the acts, writings, and say- ings of each and every member, just as handed down years ago in the famous Lord George Gordan case, following the no-property riots in London, in which each member of the mob. that followed him through the streets were held guilty. " I hold that the Communist Party has declared a state of war against the United States and the government of the State of New York and that the establishment of the Communist Party in the State of New York is the highest crime known to our law, and I will not reduce the bail one dollar. " if the Communist Party is an organization. intended to destroy the Govern- ment of the United States and preparing -the way by appeals to class hatred, and by, preventing members from taking part In government and impliedly pre- venting tjieir using constitutional methods to bring about a change, then every member is responsible for the acts and sayings of every other member. This is a well-established principle of law. " The' common impression that these men are held because lihey have mem-; bership cards in an organization is erroneous. There are some well-meaning citizen who have gotten the idea that these men are being mistreated ; that all that they have done is Join some organization just as any one might join the Elks. " These men are recruited into barracks, into which they make a declara- tion against the Government of the United States before they can become a member." It will thus be noted from the above that the nature of the Communist Party of America has been recognized by the judiciary and that its obnoxious and insidious propaganda has born fruit. "^ (j) CONCLUSION. From examination of the various documents analyzed above the following is definitely established : (1) That the Communist Party was the outgrowth of the left wing of the Socialist Party of America. (2) That the Communist Party is an integral part of the first congress of the Communist International, which was formed by the Bolsheviks. (3) That through its history as the left wing, the Communist Party con- stantly followed the doctrines of mass action and the advocation of the dic- tatorship of the proletariat. (4) That the first congress of the Communist International directly advo- cated the overthrow of all the governments of the world by force and violence through its advocation of mass action. (5) That the Communist Party of America, in its manifesto and program officially adopted at its convention in Chicago held September 1, 1919, advo- cated the overthrow of the Government of the United States by force and violence. - (6) That each and every member of the Communist Party of America pledges himself knowingly to the tactics and principles of the Communist Party of America ard to the tactics and principles enunciated in the manifesto of the Communist International. (7) That the Communist Party of America, through the propaganda being actively carried on at the present time, is advocating the overthrow of the Government of the United States by force and violence. It is respectfully submitted that the Communist Party of America and per- sons members thereof fall within the provisions of the act of October 16, 1918 in that it openly advocates the overthrow of the Government of the United States by force and violence. KespectfuUy submitted. . j. e. Hoovis, Special Assistant to the Attornev General. SEDITION. 55 Exhibit I. MANIFESTO OF THE LEFT WING SECTION OF THE SOCIALIST PARTY OF NEW YOEIf CITY. _ The members of the Socialist Party are entitled to an explanation for the issuance of this pamphlet by the left wing section We are a very active and growing section of the Socialist Party who are at- tempting to reach the rank and file with our urgent message over the heads tacttes'^'^*"'" ' '^'"' *^™"^** '""^'^^ paralyzed the pfrty% poSles and The official Socialist Piu-ty press lu the main is closed to us; therefore we-^ can not adequately present our side of the case. ^ "c-^ In the various discussions that arise everywhere party members or delegates assemble, both sides grow too heated for calm, dispassionate judgment Therefore we have decided to issue our manifesto and program in 'pamphlet form, so that the rank and file may read and judge our case on its merits Comrades^and this is addresssed to members of the party— the situation is such that a careful study of our position Is absolutely imperative MANIFESTO. Prior to August, 1914, the nations of the world lived on a volcano Violent eruptions from time to time gave warning of the cataclysm to come ; but the diplomats and statesmen managed to localize the outbreaks; and the masses slightly aroused, sank bank into their accustomed lethargy with doubts and misgivings, and the subterranean fires continued to smolder. Many trusted blindly— some in their statesmen, some in the cohesive power of Christianity, their common religion, and some in the growing strength of the international socialist movement. . Had not the German Social Democracy exchanged dramatic telegrams with the French Socialist Party, each pledging Itself not to fight in case their Governments declared war on each other' A general strike of workers led by these determined socialists would quickly bring the Governments to their senses. " So the workers reasoned until the thunderclap of Sarejevo and Austria's ultimatum to Serbia. Then suddenly the storm broke. Mobilization every- where. Everywhere declarations of war. In three or four days Europe was in arms. The present structure of society— capitalism — with its pretensions to democ- racy on the one hand and its commercial rivalries, armaments, rings, and standing armies on the other, all based on the exploitation of the working class and the division of the loot, was cast into the furnace of war. Two things only could issue forth ; either international capitalist control, through a league of uatious, or social revolution and the dictatorship of the proletariat. Both of these forces are to-day contending for world power. The social democracies of Europe, unable or unwilling to meet the crisis, were themselves hurled into the. conflagration, to be tempered or consumed' by it THE COIXAP'SE OF THE SECOND INTERNATIONAL, Great Sfemdnstratlons were held in every European country by socialists, protesting against their Governments' declarations of war and mobilizations of war. And we know that these demonstrations were rendered impotent by the complete surrender of the socialist parliamentary leaders and the official socialist press, with their " .iustifications " of " defensive wars " and the safe- guarding of " democracy." Why the sudden change of front? _ Why did the socialist leaders in the parliaments of the belligerents vote the war credits? Why did not moderate socialism carry out the policy of the Basle manifesio, namely, the converting of an imperialistic war into a civic war — into a pro- letarian revolution? Why did it either openly favor the war or adopt a policy of petty bourgeons pacifism? THE DEVELOPMENT Ol' MODERATE " SOCIALISM." In the latter part of the nineteenth century the social democracies of Europe set out to " legislate capitalism out of office." The class struggle was to be won in the capitalist legislatures. Step by step concessions were to be wrested 56 SEDITION. from the State ; the working class and the Socialist parties were to be strength- ened by means of " constructive " reform and social legislation ; each concession would act as a rung in the ladder of social revolution upon which the workers could climb, step by step, until finally some bright sunhy morning the peoples would awaken to find the cooperative commonwealth functioning without dis- order, confusion, or hitch on the ruins of the capitalist state. And what happened? When a few legislative seats had been secured the thunderous denunciations of the Socialist legislators suddenly ceased. No more were the parliaments used as platforms from which the challenge of revoltt- tlonary Socialism was flung to all the comers of Europe. Another era had set In, the era of " constructive " social reform legislation. Domlnaat moderate Socialism accepted that state. All power to shape the policies and tactics of the Socialist parties was intrusted to the parliamentary leaders. And these lost sight of Socialism's original purpose ; their goal became " constructive reforms " and cabinet portfolios — the " cooperation of classes " — ^the policy of openly or tactically declaring that the coming of Socialism was a concern " of all classes," Instead of emphasizing the Marxian policy that the construction of the Socialist system Is the task of the revolutionary proletariat alone. " Moderate Socialism," In the hands of these parliamentary leaders, was now ready to share responsibility with the bourgeoisie in the control of the capi- talist state, even to the extent of defending the bourgeoisie against the work- ing class — as In the first Briand ministry In France, when the official party press was opened, to a defense of the shooting of striking railway workers at the order of the Socialist-Bourgeois coalition cabinet. " SAUSAGE SOCIALISM." This situation was brought about by mixing the democratic cant of the eighteenth century with scientific socialism. The result was what Kosa Luxemburg called " sausage socialism." The " moderates " emphasized petty bourgeois social reformism in order to attract tradesmen, shopkeepers, and members of the professions, and, of course, the latter flocked to the socialist movement in great numbers, seeking relief from the constant grinding between corporate capital and awakening labor. The socialist organizations actively competed for votes, on the basis of social reforms, with the bourgeois-liberal political parties. And so they catered to the ignorance and prejudice of the workers, trading promises of immediate reforms for votes. Dominant " moderate Socialism " forgot the teachings of the founders of scientific Socialism, forgot Its function as a proletariat movement — " the most resolute and advanced section of the working class parties " — and permitted the bourgeois and self-seeking trade union elements to shape Its policies and tactics. This was the condition in which the Social Democracies of Europe found themselves at the outbreak of war in 1914. Demoralized and confused by the crosscurrents within their own parties, vacillating and compromising with the bourgeois state they fell a prey to social patriotism and nationalism. SPAETICIDES AND BOLSHEVIKI. But revolutionary Socialism was not destined to lie inert for long. In Germany, Karl Liebknecht, Franz Mehring, Rosa Luxemburg, and Otto Ruble organized the Spartacus group. But their voices were drowned in the roar of cannon and the shriek of the dying and the maimed. Russia, however, was to be the first battle ground where " moderate " and revolutionary Socialism should come to grips for the mastery of State. The breakdown of the corrupt, bureaucratic Ozarlst rSglme opened the floodgates of revolution. Three main contending parties attempted to ride into power on the revolu- tionary tide; the cadets, the "moderate Socialists" (Mensheviki and Social Revolutionarlsts), and the revolutionary Socialists — the Bolshevikl. The Cadets were first to be swept Into power; but they tried to stem the still- rising flood with a few abstract political ideals, and were soon carried away. The soldiers, workers and peasants could no longer be fooled by phrases. The Mensheviki and Social revolutionaries succeeded the cadets. And now came the crucial test; would they, in accord with Marxian teachings, make themsel'ves Ihe ruling class and sweep away the old conditions of production, and thus prepare the way for the cooperative commonwealth or would they tinker with SEDITION. 57 the Old machinery and try to foist it on the masses as something just as good? They did the latter and proved for all time that " moderate Socialism " can not be trusted. " Moderate Socialism " was not prepared to seize the power for the workers dnrmg a revolution. "Moderate Socialism" had a rigid formula— " con- structive social reform legislation within the capitalist state" and to that for- mula it clung. It believed that bourgeois democracy could be used as a means of constructmg the Socialist system; therefore, it must wait until the people, through a constituent assembly, should vote Socialism into existence. And in the meantime it held that there must be established a Government of coalition with the enemy, the bourgeoisie. As if, with all the means of con- troling public opinion in the hands of the bourgeoisiei a constituent assembly could or would ever vote the Socialists into power. Revolutionary Socialists hold, with the founders of scientific Socialism, that there are two dominant classes in society — the bourgeoisie and the prole- tariat; that between these two classes a straggle must go on until the work- ing class, through the seizure of the instruments of production and distribution, the abolition of the capitalist state, and the establishment of the dictatorship of the proletariat, creates a Socialist system. Revolutionary Socialists do not believe that they can be voted into power. They struggle for the conquest of power by the revolutionary' proletariat. Then comes the transition period from capitalism to socialism, of which Marx speaks in his "Critique of the Gotha Program," when he says : "Between the capitalist society and the communist lies the period of the revolutionary transformation of the one Into the other. This corresponds to a political transition period, in which the State can not be anything else but the dictatorship of the proletariat." Marx and Engels clearly explained the function of the Socialist movement. It is the " moderate Socialist," through Intellectual gymnastics, evasions, mis- quotations, and the tearings of sentences and phrases from their context, who make Marx and Engels sponsors for their perverted version of socialism. PROBLEMS OF AMERICAN SOCIALISM. At the present moment the Socialist Party of America is agitated by several cross currents, some local in their character, and some a reflex of cleaverages within the European Socialist movements. Many see in this internal dissention merely an' unimportant difference of opinion, or, at most, dissatisfaction with' the control of the party, and the desire to replace those who have misusetl it with better men. We, however, maintain that there is a fundamental distinction In views con- cerning party policies and tactics. And we believe that this difference Is so vast that from our standpoint a radical change in party policies and tactics is necessary. This essential task Is being shirked by our party leaders and ofiicials gen- erally. Already tjiere is formidable Industrial unrest, a seething ferment of discon- tent, evidences by inarticulate rumblings which presage striking occurrences. The transformation of industry from a war to a peace basis has thoroughly dis- organized the economic structure. Thousands upon thousands of workers are being thrown out of work. Demobilized soldiers and sailors find themselves a drug upon the labor market unless they act as scabs and strikebreakers. Skilled mechanics fighting desperately to maintain their war wage and their industrial status, are forced to strike. Women, who during the war have been welcomed into industries hitherto closed to them, are struggling to keep their jobs. And to cap the climax the capitalists, through their chambers of com- merce and their merchants and manufacturers' associations, have resolved to take advantage of the situation to break down even the inadequate organiza- tions labor has built through generations of painful struggle. The temper of the workers and soldiers, after the sacrifices they have made in the war, is such that they will not endure the reactionary labor conditions so openly advocated by the master class. A series of labor struggles Is bound to follow — indeed, is beginning now. Shall the Socialist Party continue to feed the workers with social reform legislation at this critical period? Shall It approach the whole question from the standpoint of votes and the election of representatives to the legislatures? Shall It emphasize the consumers' point ^8 SEDITIOIT, of view, when the Socialist principles teach that the workers are robbed, at the point of production? Shall it talk about the cost of living and taxation when it should be explaining how the worker is robbed at his job? There are many signs of the awakening of labor. Strikes are developing which verge on revolutionary action ; the trade-unions are organizing a labor party, in an effort to conserve what they have won and wrest new concessions from the master class. The organization of a labor party is an immature ex- pression of a new spirit in the labor movement; but a labor party is not the instrument for the emancipation of the working class; its policy would be In general what is now the official policy of the Socialist Party — reforming capitalism on the basis of the bourgeois state. Laborism is as much a danger to the revolutionary proletariat as " moderate " socialism ; neither is an instru- ment for the conquest of power. CAPITALIST IMPEEIALISM. Imperialism is the final stage of capitalism in which the accumulated capital or surplus of the Nation is too great to be reinvested in tlie home market. The increased productivity of the working class, due to Improved machinery and efficiency methods, and the mere subsistence wage which permits the worker to buy back only a small portion of what he produces, causes an ever- Increasing accumulation of commodities, which in turn become capital and must be invested In further production. When capitalism has reached the stage in which it imports raw materials from undeveloped countries and exports them again in the shape of manufactured products it has reached its highest development. This process is universal. Foreign markets, sphere of Influence, and pro- tectorates, under the intensive development of capitalist industry and finance, in turn become highly developed. They, too, seek for markets. National capitalist control, to save itself from ruin, breaks its national bonds and emerges full grovra as, a capitalist league of nations, with international armies and navies to maintain Its supremacy. The United States no longer holds itself aloof, isolated, and provincial. It Is reaching out for new markets, new zones of influence, new protectorates. The capitalist class of America is using organized labor for its imperialistic purposes. We may soon expect the capitalist class, in true Bismarkian fashion, to grant factory laws, old-age pensions, unemployment insurance, sick beneflts, and the whole litter of bourgeois reforms, so that the workers may be kept fit to produce the greatest profits at the, greatest speed. DANGERS TO AMERICAN SOCIALISM. There Is danger that the Socialist Party of America might make use of these purely bourgeois reforms to attract the workers' votes by claiming that they are victories for socialism and that they have been won by socialist political action, when, as a matter of fact, the object of these master class measures is to prevent the growing class consciousness of the workers and to divert from their revolutionary aim. By agitating for these reforms, therefore, the Socialist Party would be playing Into the. hands of the American imperialists. On the basis of the class struggle, then, the Socialist Party of America must reorganize itself, must prepare to come to grips with the master class during the difficult period of capitalist readjustment now going on. This It can do only by teaching the working class the truth about present-day conditions; it must preach revolutionary industrial unionism and urge all the workers to organize into industrial unions, the only form of labor organization which can cope with the power of great modern aggregations of capital. It must carry on its poUtical campaigns, not merely as a means of electing officials to political office, as in the past, but as a year-round educational campaign to art>use the workers to class conscious, economic, and political action, and to keep alive the burning ideal of revolution in the hearts of the people. POLITICAL ACTION. We assert, with Marx, that " the class struggle is essentially a political strug- gle," and we can only accept his own oft-repeated interpretation of that phrase The class strugle, whether it manifest itself on the Industrial field or In the SEDITION^ 59 direct struggle for governmental control, Is essentially a struggle for the cap- ture and destruction of the capitalist state. This is a political act. In this, broader view of the term " political " Marx includes revolutionary industrial action. In other words, the objective of socialist industrial action Is " politi- cal," in the sense that it aims to undermine the bourgeois state, whici " is nothing less than a machine for the oppression of one class by another, and that no less so in a democratic republic than under a monarchy." Political action is also and more generally used to refer to participation in election campaigns for the immediate purpose of winning legislative seats. In this sense, too, we urge the use of political' action as a revolutionary weapon. But both in the nature and the purpose of this form of political action revolu- tionary socialism and " moderate socialism " are completely at odds. Political action, revolutionary and emphasizing the implacable character of the class struggle, is a valuable means of propaganda. It must at all times struggle to arouse' the revolutionary mass action of the proletariat — its use is both agitational and obstructive. It must on all issues wage war upon capital- ism and the state. Revolutionary socialism uses the forum of parliament for agitation; but it does not intend to and can not use the bourgeois state as a means of introducing socialism ; this bourgeois state must be destroyed by the mass action of the revolutionary proletariat. The proletariat dictatorship, in the form of a soviet state, is the immediate objective of the class struggle. Marx declared that " the working class can not simply lay hold of the ready- made state machinery and wield it for its own purposes." This machinery must be destroyed. But " moderate socialism " makes the state the center of Its action. The attitude toward the state divides the anarchist (anarcho-syndicalist), the " moderate socialist," and the revolutionary socialist. Eager to abolish the state (which is the ultimate purpose of revolutionary socialism), the an- archist and (anarcho-socialist) fails to realize that a state is necessary in the transition period from the capitalism to socialism ; the " moderate socialist " proposes to use the bourgeois state, with its fraudulent democracy, its illusory theory of " unity of all the classes," its standing army, police, and bureaucracy oppressing and baffling the masses ; the revolutionary socialist maintains that the bourgeois state must be completely destroyed, and proposes the organiza- tion of a new state — the state of the organized producer, of the federated Soviets — on the basis of which alone can socialism be introduced. Industrial unionism, the organization of the proletariat in accordance with the integration of industry and for the overthrow of capitalism, is a necessary phase of revolutionary socialist agitation. Potentially, industrial unionism constructs the basis and develops the idealogy of the industrial state of social- ism ; but industrial unionism alone can not perform the revolutionary act of seizure of the power of the state, since under the conditions of capitalism it is impossible to organize the whole working class or an overwhelming majority into industrial unionism. It is the task of a revolutionary socialist party to direct the struggles of the proletariat and provide a program for the culminating crisis. Its propa- ganda must be so directed that when this crisis comes, the workers will be prepared to accept a program of the following character : (a) The organization of workmen's councils; recognition of, and propaganda for, these mass organizations in the immediate struggle, as the form of expres- sion of the class struggle, and as the instruments for the seizure of the power of the state and the basis of the new proletarian state of the organized producers and the dictatorship of the proletariat. (6) Workmen's control of industry, to be exercised by the industrial organi- zations (industrial unions of Soviets) or the workers and the industrial vote, as against Grovernment ovraership or State control of industry. (c) Repudiation of all national debts, with provisions to safeguard small investors. (d) Expropriation of the banks; preliminary measure for the complete expropriation of capital. (e) Expropriation of the railways and the large (trust) organizations of capital; no compensation to be paid, as "buying-out" the capitalists would Insure a continuance of the exploitation of the workers ; provisions, however, to be made during the transition period for the protection of small owners of stock. (f) The nationalization of foreign trade. 60 SEDITION. These are not the " immediate demands " comprised in the social J'^*'™' blanks now in the platform of our party ; they are not a compromise with the capitalist state, but imply a revolutionary struggle against that state ana against capitalism, the conquest of power by the proletariat through revo- lutionary mass action. They imply the new soviet state of the organized producers, the dictatorship of the proletariat; they are preliminary revolu- tionary measures for the expropriation of capital and the introduction or communist socialism. PBOGBAM. 1. We stand for a uniform declaration of prinicples in all party platforms both local and national and ,the abolition of all social reform planks now con- tained in them. 2. The party must teach, propagate, and agitate exclusively for the over- throw of capitalism, and the establishment of socialism through a proletarian; dictatorship. 3. The socialist candidates elected to office shall adhere strictly to the above provisions. 4. Reallzihg that a political party can not reorganize and reconstruct the industrial organizations of the working class, and that this is the task of the economic organizations themselves, we demand that the party assist this process of reorganization by a propaganda for revolutionary industrial union- ism as part of its general activities. We believe it is the mission of the socialist movement to encourage and, assist the proletariat to adopt newer and. more effective forms of organization and to stir It into newer and more revolutionary modes of action. 5. We demand that the official party press be party owned and controlled. 6. We demand that officially recognized educational institutions be party owned and controlled. 7. We demand that the party discard its obsolete literature and publish new literature in keeping with the policies and tactics above mentioned. 8. We demand that the national executive committee call an immediate emergency national convention for the purpose of formulating party policies and tactics to meet the present crisis. 9. We demand that the socialist party repudiate the Berne Congress or any other conference engineered by " moderate socialists " and social patriots. 10. We demand that the socialist party shall elect delegates to the inter- national congi'ess proposed by the communist party of Russia (Bolsheviki) ; that our party shall participate only in a new international with which are affiliated the communist party of Russia (Bolsheviki), the communist labor party of Germany (Spartacans), and all other left wing parties and groups. Exhibit E. Gaul foe a National Convention fob the Purpose of Oeganizing the Com- munist Paett of America. In this the most momentous period of the world's history capitalism i8 tottering to its ruin. The proletariat is straining at the chains whicli bind It. A revolutionary spirit is spreading throughout the world. The workers are rising to answer the clarion call of the third international. Only one socialism Is possible in the crisis. A socialism based upon under- standing. A socialism that will express in action the needs of the proletariat. The time has passed for temporizing and hesitating. We must act. The com- munist call of the third international, the echo of the communist manifesto of 1848, must be answered. The National Executive Committee of the Socialist Party of America has evidenced by Its expulsion of nearly half of the membership that they will not hesitate at wrecking the organization in order to maintain, their control. A crisis has been precipitated In the ranks of revolutionary socialism by the wholesale expulsion or suspension of the membership comprising the Socialist Party of Michigan, locals and branches throughout the country, together with seven language federations. This has created a condition In our movement that makes It manifestly impossible to Icmger delay the calling of a convention to organize a new party. Those who realize that the capturing of the Socialist SEDITION. 61 Party as such Is but an empty victory will not hesitate to respond to this call and leave the " right " and " center " to sink together with their " revolution- ary " leaders. • The majority of the delegates to the left wing conference in New York weakly neglected to sever their connections with the reactionary national execu- tive committee. Rendered impotent by the conflicting emotions and lack of understanding present they continued to mark time as centrists In the wake of the right. Their policy is one of endeavor to capture the old party machinery and the stagnant elements which have been struggling for a false unity, . who are only ready to abandon the ship when it sinks beneath the waves of re- action. The condition which confronted the minority delegates at the left wing con- ference has been met by issuing this call for the formation of a Communist Party of America. The delegates issuing the call represented the following organizations: Socialist Party of Michigan, Left Wing State Convention of Minnesota, locals BufCalo, N. Y., Chicago, 111., Union Local, N. J., GBdahy, Wis., Rochester, N. Y., Rockford, 111., Kenosha, Wis., New York, Providence, R. I., Nanticoke, Pa., Milwaukee, Wis., Boston, Mass., and the Polish, Lettish, Rus- sian, Jewish, Lithuanian, Ukrainian, and Bsthonian Federations. No other course Is possible; therefore, we, the minority delegates at the left wing conference, call a convention to meet In the city of Chicago on Sep- tember 1, 1919, for the purpose of organizing a Communist Party In America. This party will be founded upon the following principles : 1. The present Is the period of the dissolution and collapse of the whole capitalist world system, which will mean the complete collapse of world cul- ture, if capitalism vrith its unsolvable contradictions is not replaced by com- munism. 2. The problem of the proletariat consists in organizing and training itself for the conquest of the powers of the State. This conquest of power means the replacement of the State machinery of the bourgeoisie with a new prole- tarian machinery of government. 3. This new proletarian state must embody the distatorship of the proletariat, both industrial and agricultural, this dictatorship constituting the instrument for the taking over of property used for exploiting the workers, and for the reorganization of society on a communist basis. Not the fraudulent bourgeois democracy — the hypocritical form of the rule of the finance-oligarchy, with its purely formal equality — but proletarian de- mocracy based on the possibility of actual realization of freedom for the work- ing masses; not capitalist bureaucracy, but organs of administration which have been created "by the masses themselves, with the real participation o( these masses in the government of the country and in the activity of the com- munist structure — ^thls should be the type of the proletarian state. The workers' councils and similar organizations represent its concrete form. 4. The dictatorship of the proletariat shall carry out the abolition of private property In the means of production and distribution, by transfer to the pro- letarian state under Socialist administration of the working class ; nationaliza- tion of the great business enterprises and financial trusts. 5. The present world situation demands the closest relation between the revo- lutionary proletariat of all countries. 6. The fundamental means of the struggle for power Is the mass action of the proletariat, a gathering together and concentration of all its energies ; whereas methods such as the revolutionary use of bourgeois parliamentarism are only of subsidiary significance. In those countries in which the historical development has furnished the opportunity, the working class has utilized the regime of political democracy for its organization against capitalism. In all countries where the conditions for a worker's revolution are not yet ripe, the same process will go on. But within this process the workers must never lose sight of the true char- acter of bourgeois democracy. If the finance-oligarchy considers it advan- tageous to veil its deeds of violence behind parliamentary votes, then the capi- talist power has at Its command, In order to gain its ends, all the traditions and attainments, of formeri centuries of upper class rule, demagogism, perse- cution, slander, bribery, calumny and terror. To demand of the proletariat that It shall be content to yield itself to the artificial rules devised by its mortal enemy, but not observed by the enemy, is to make a mockery of the prole- larlan struggle for power — a struggle which depends primarily on the develop- ment of separate organs of the working class power. 62 SEDTTTOir. 7. The old Socialist International has broken into three main S'^^^^^J^igl Those frankly social patrjots who since 1914 have supported their '"''J'^seoisit and transformed those elements of the working class which they control rnia hangmen of the International revolution. (6) The "center," representing elements which are constantly wayexmg and incapable of following a definite plan of actlMi, and which are at times positively traitorous; and . (c) The communists. As regards the Social patriots, who everywhere, in the critical moment oppose- the proletarian revolution with force of arms, a merciless fight is absolutely necessary. As regards the " center " our tactics must be to separate the revo- lutionary elements by pitilessly criticizing the leaders. Absolute separation from the organization of the center is necessary. ■ '8. It is necessary to rally the groups and proletarian organizations who, though not as yet in the waks of revolutionary trend of the communist move- ment, nevertheless have manifested and developed a tendency leading in that direction. ' Socialist criticism has sufficiently stigmatized the bourgeois world order. The task of the international communist press is to carry on propaganda for the abolition of this order and to erect in its place the structure of the Socialist world order. Under the communist banner, the emblem under which the first greit victories have already been won; in the war against imperialistic bar- barity, against the privileged classes, against the social and national oppres- sion — we call upon the proletarians of all lands to unite ! PROGRAM or THE CAT.T,. 1. We favor International alliance of the Socialist movement of the United States only with the Communist groups of other countries, such as the Bol- shevlkl Of Russia, Spartacans of Germany, etc., according to the program of (•omraunism as above outlined. 2. We are opposed to association with other groups not committed to the revolutionary class struggle, such as labor parties, nonpartisan leagues, peo- ple's councils, municipal ownership leagues and the like. 3. We maintain that the class struggle is essentially a political struggle, that is, a struggle by the proletariat to conquer the capitalist state, whether its form be monarchistic or democratic republican, and to destroy and replace it by a governmental structure adapted to the Socialist transformation. 4. The party shall propagandize • class-conscious industrial unionism as against the craft form of unionism, and shall carry on party activity in co- operation with industrial disputes that take on a revolutionary character. 5. We do not disparage voting nor the value of success in electing our can- didates to pubUc office — not if these are in direct line with the class struggle. The trouble comes with the illusion that political or industrial immediate achievements are of themselves steps in the revolution, the progressive merging of capitalism into the cooperative commonwealth. The basis of our political campaign should be : (a) To propagandize the overthi'ow of capitalism by proletarian conquest of the political power and the establishment of a dictatorship of the prole- tariat. (6) To maintain a political organization as a clearing house for proletarian thought, a center of political education for the development of revolutionry working-class action. (c) To keep in the foreground our consistent appeal for proletarian revolu- tion; and to analyze the counter proposals and reformist palliatives in their true light of evasion of the issue; recognizing at all times the characteristic developments of the class conflict as applicable to all capitalistic nations. (d) To propagandize the party organization as the organ of contact with the revolutionary proletariat of other lands, the basis for International associa- tion being the same political understanding and the common plan of action, tending toward increasing unity in detail as the international crisis develops. 6. Socialist platforms, proceeding on the basis of the class struggle, recog- nizing that the Socialist movement has come into the historic period of the social revolution, can contain only the demand for the dictatorship of the prole- tariat. (a) The basis of this demand should be thoroughly explained in the economic, political and social analysis of the class struggle, as evolving within the system of capitalism. SEDITION. 63 (6) The implications of this demand should be illustrated by the first steps and general modes of social reconstruction dependent upon and involved within the proletarian domination of the political life of the nation. (c) A municipal platform of socialism can not proceed on a separate basis, but must conform to the general platform, simply relating the attainment of local power to the immediate goal of gaining national power. There are np separate city problems within the terms of the class struggle, only the one problem of capitalist versus proletarian domination. 7. We realize that the coming of the social revolution depends on an over- whelming assertion of mass power by the proletariat, taking on political con- sciousness and the definite direction of revolutionary Socialism. The manifes- tations of this power and consciousness are not subject to precise, precalcula- tion. But the history of the movement of the proletariat toword the revolution- ary proletarian assertion and the political mass strike; The mass action conception looks to the general unity of the proletarian forces under revolutionary provocation and stimulus. In the preliminary stages, which alone come within our predetermination and party initiative, the tactics of mass action includes all mass demonstrations and mass struggles which sharpen the understanding of the proletariat as to the class conflict and which separate the revolutionary proletariat into group distinct from all others. Mass action, in time of revolutionary crisis, or the analogous case of large scale industrial conflict, naturally accepts the council form of organization for its expression, over a continued period of time. 8. Applying our declarations of party principle to the organization of the party itself, we realize the need, in correspondence with the highly centralized capitalist power to be combated of a centralized party organization. "Organizations indorsing the principles and progi-am outlined as a tenative basis for the organization of a Communist Party are invited to send delegates to the convention in Chicago on September 1, 1919. The basis of representation to be one delegate for every organization and one additional for every five hundred members or major fraction thereof. Provided, also, that each language federation shall have one fraternal dele- gate at the convention. Provided further, that In States where the States are organized, they shall send delegates as States. ■ In States which are not organized, the locals shall send delegates as such. In locals which are not organized a part of the local may send a delegate. Dennis E. Batt, D. Blbaum, O. C. Johnson, John Keeacher, s. kopnagel, J. V. Stilson, Alexander Stoklitsky, National Organination Committee. Send communications to the national office of the organization commit- tee : Dennis E. Batt, 1221 Blue Island Ave., Chicago, 111. MANIFESTO OF THE COMMUNIST INTERNATIONA!,. [Manifesto of the first congress of the Communist International, held at Moscow, Mar. 2-6, 1919. Issued Mar. 10, and signed Charles Rakovsky, N. I^enln, G. Zinoview, Leon Trotski, Fritz Flatten. Text received direct from Moscow. Translated by Ida Ferguson.] To the proletariat of all countries : Seventy-two years have gone by since the Communist Party of the World proclaimed its progranii in the form of the manifesto written by the greatest teachers of the proletarian revolution, Karl Marx and Frederick Engels. Even at that early time, when communism had scarcely come into the arena of con- flict, it was hounded by the lies, hatred, and calumny of the possessing classes, who rightly suspected in it their mortal enemy. During these seven decades communism has traveled a hard road of ascent followed by periods of sharp decline ; successes, but also severe defeats. In spite of all, the development at bottom went the way forecast by the manifesto of the Communist Party. The epoch of the last decisive battle came later than the apostle of the social revolu- tion expected and wished. But it has come. 64 SEDITION. We communists, representatives of the revolutionary proletariat of the dif- ferent countries of Europe, America, and Asia, assembled In Soviet ^o®';"^'/^^ and consider ourselves followers and fulflllers of the program prociaimea (^ years ago. It is our t^sli now to sum up the practi<»l revolutionary experience of the worljing class, to cleanse the movement of its admixtures of opportunism and social patriotism, and to gather together the forces of all the true revo- lutionary proletarian parties in order to further and hasten the complete vic- tory of the communist revolution. . 1. For a long span of years socialism predicted the Inevitableness of the im- perialistic war ; it perceived the essential cause of this war in the insatiable greed of the possessing classes in both camps of capitalist nations. Two years before the outbreak of the war, at the congVess of Basle, the responsible so- cialist leaders of all countries branded imperialism as the Instigator of the com- ing war, and menaced the bourgeoisie with the threat of the socialist revolu- tion—the retaliation of the proletariat for the crimes of militarism. Now, after the experience of five years, after history has disclosed the predatory lust of Germany, and has unmasked the no less criminal deeds on the part of the Allies, the State socialists of the Entente nations, together with their governments, again unmask the deposed German Kaiser. And the German social patriots, who in August, 1914, proclaimed the diplomatic White Book of the HohenzoUem as the holiest gospel of the people to-day in vulgar sycophancy join with the •socialists of tlie Entente countries in accusing as archcriminals the deposed German monarchy which they formerly served as slaves. In this way they hope to erase the memory of their own guilt and to gain the good will "of the victors. But alongside the dethroned dynasties' of the KomanofCs, Hohenzollerns, and Hapsburgs, and the capitalistic cliques of these lands, the rulers of France, Eng- land, Italy, and the United States stand revealed in the light of unfolding events and diplomatic disclosures in their immeasurable vileness. The contradictions of the capitalist system were converted by the war into beastly torments of hunger and cold, epidemics, and moral savagery for all man- kind. In this the academic quarrel in socialism over the theory of increasing misery, and also of the undermining of capitalism through socialism. Is now finally determined. Statisticians and teachers of the theory of reconciliation of these contradictions have endeavored for decades to gather together from all countries of the earth real and apparent facts which evidence the increasing well-being of the working class. To-day abysmal misery is before our eyes, social as well as physiological, in all its shocking reality. Finance-capital, which threw mankind into the abyss of war, has itself suf- fered catastrophic changes during the course of the war. The dependence of paper money upon the material basis of production was completely destroyed. More and more losing its significance as medium and regulator of capitalistic commodity circulation, paper money becomes merely a means of exploitation, robbery, of military economic oppression. The complete deterioration of paper money now reflects the general deadly crisis of capitalist commodity exchange. As free competition was replaced as regulator of production and distribution In the chief domains of enonomy, during the decades which preceded the war, by the system of trusts and monopolies, so the exigencies of the war took the regulating r61e out of the hands of the monopolies and give it directly to the military power. Distribution of raw materials, utilization of petroleum from Baku or Rumania, of coal from Donetz, of cereals from the Ukraine ; the fate of German locomotives, railroad cars, and automobiles, the provisioning of famine-stricken Europe with bread and meat, all these basic questions of the economic life of the world are no longer regulated by free competition, nor yet by combinations of national and international trusts, but through direct appli- cation of military force. Just as complete subordination of the power of the State to the purposes of finance-capital led mankind to the imperiaUstic shambles, so finance-capital has, through this mass slaughter, completely militarized not alone the State but also itself. It is no longer able to fulfill its essential economic functions otherwise than by means of blood and iron. The opportunists who before the war exhorted the workers, in the name of the gradual transition into socialism, to be temprate; who, during the war asked for submission in the name of " civil peace " and defense of the Father- land, now again demand of the workers self-abnegation to overcome tbe terrible consequences of the war. If this preaching were listened to by the workers capitalism would build out of the bones of several generations a new and stiU SEDITION. 65 more formidable structure, leading to a new and inevitable world war. Fortu- nately for humanity, this is no longer possible. The absorption by the State of the economic life, so vigorously opposed by capitalist liberalism, has now become a fact. There can be no return either to free competition nor to the rule of the trusts, syndicates, and other economic monsters. The only question is what shall be the future mainstay of state production, the Imperialistic State or the State of the victorious proletariat? In other words, shall the whole of working humanity become the feudal bond servants of the victorious Entente bourgeoisie, which under the name of a League of Nations aided by an " international " army and an " international " navy, here plunders and murders, there throws a crumb, but everywhere en- chains the proletariat, with the single aim of maintaining its own rule? Or will the working class take into its own hands the disorganized and shattered economic life and make certain Its reconstruction on a socialist basis? Only the proletarian dictatorship, which recognizes neither inherited privi- leges nor rights of property, but which arises from the needs of the hunger- ing masses, can shorten the period of the present crisis; and for this purpose it mobilizes all materials and forces, introduces the universal duty to labor, establishes the rggime of industrial discipline, this way to heal in the course of a few years the open woimds caused by the war and also to raise humanity to new undreamt-of heights. The national State which was given a tremendous imi)ulse by capitalistic evolution has become too narrow for the development of the productive forces. And even more untenable has become the position of the small States, distrib- uted among the great powers of Europe and in other parts of the world. These small States came into existence at different times as fragments split off the bigger States, as petty currency. in payment for services rendered, to serve as strategic buffer States. They, too, have their dynasties, their ruling gangs, their imperialistic pretensions, their diplomatic machinations, their illusory in- dependence had until the war precisely the same support as the European bal- ance of power ; namely, the continuous opposition between the two imperialistic camps. The war has destroyed this balance. The tremendous preponderance of power which the war gave to Germany in the beginning compelled these smaller nations to seek their welfare and safety under the wings of German militarism. After Germany was beaten the bourgeosie of the small nations, together with their patriotic " socialists," turned to the victorious imperialism of the Allies and began to seek assurance for their further independent exist- ence in the hypocritical " points " of the Wilson program. At the same time the number of little States has increased ; out of the unity of the Austro-Hungarian monarchy, out of the different parts of Czarist Empire, new sovereignties have formed themselves. And these, as soon as born, jump at each other's throats on account of their frontier disputes. Meanwhile the allied imperialists brought about certain combinations of new and' old small States through the cement of mutual hatreds and general weakness. Even while violating the small an(J weak peoples and delivering them to famine and degradation, the Entente im- perialists, exactly as the imperialists of the Central Powers before them, did not cease to talk of the right of self-determination of all peoples, a right which is now entirely destroyed in Europe and in the rest of the world. Only the proletarian revolution can secure the existence of the small nations, a revolution which frees the productive forces of all countries from the restric- tions of the national States, which unites all peoples in the closest economic cooperation on the basis of a universal economic plan, and gives even to the smallest and weakest peoples the possibility freely and independently to carry on their national culture without detriment to the united and centralized economy of Europe and of the whole world. The last war, after all a war against the colonies, was at the same time a war with the aid of the colonies. To an unprecedented extent the popvilation of the colonies was drawn into the European war. Indians, Arabs, Madagascans bat- tled on the European Continent — what for? — for their right to remain slaves of England or France? Never did capitalist rule show Itself more shameless, never was the truth of colonial slavery brought Into such sharp relief. As a consequence we witnessed a series of open rebellions and revolutionary ferment in all colonies. In Europe itself it was Ireland which reminded us in bloody street battles that it is still an enslaved country and feels itself as such. In Madagascar, in Annam, and in other countries, the troops of the bourgeois republic have had more than one insurrection of the colonial slaves to suppress 168718—20 5 66 during the war. In India the revolutionary movement has not been at a ^^^^^' still for one day, and lately we have witnessed the greatest labor strike in Asid, to which the government of Great Britain answered with armored cars. In this manner the colonial question in its entirety became the order oi me day not alone on the green table of the diplomatic conferences at Pans but aiso in the colonies themselves. The Wilson program, at the very best, calls only loi a change in the flrm-name of colonial enslavement. Liberation of the colonies can come only through liberation of the working class of the oppressing nations. The workers and peasants not only of Annajn, Algeria, Bengal, but also of Persia and Armenia, can gain independent existence only after the laborers of England and France have overthrown Lloyd-George and Clemenceau and taken the power into their own hands. Even now in the more advanced colonies the battle goes on not only under the flag of national liberation but it assumes also an open and outspoken social character. Capitalistic Europe has drawn the backward coun- tries by force into the capitalistic whirlpool, and socialistic Europe will come to the aid of the liberated colonies with its technique, its organization, its spiritual influence, in order to facilitate their transition into the orderly system of socialistic economy. Colonial slaves of Africa and Asia ! The hour of triumph of the proletarian dictatorship of Europe will also be the hour of your Iberation ! II. The whole bourgeois world accuses the Communists of destroying liberties and political democracy. That is not true. Having come into power the prole- tariat only asserts the absolute impossibility of applying the methods of bour- geois democracy and creates the conditions and forms of a higher working-class democracy. The whole course of capitalistic development undermined political democracy, not only by dividing the nation into two Irreconcilable classes but also by condemning the numerous petty bourgeois and semiproletarian elements, as well as the sum proletariat, to permanent economic stagnation and political impotence. In those countries in which the historical development has furnished the op- portunity, the working class has utilized the rggime of political democracy for its organization against capitalism. In all countries where the conditions for a worker's revolution are not yet ripe, the same process will go on. But the great middle layers on the farms, as well as in the cities, are hindered by capitalism in the historic development and remain stagnant for whole epochs. The peasant of Bavaria and Baden who does not look beyond his church spire, the small French winegrower who has been ruined by the adulterations prac- ticed by the big capitalists, the small farmer of America plundered and betrayed by bankers and legislators — all these social ranks which have been shoved aside from the main road of development by capitalism, are called on paper by the rggime of political democracy to the administration of the state. In reality, however, the finance oligarchy decides all important questions which determine the destinies of nations behind the back of parliamentary democracy. Particu- larly was this true of the war question. The same applies to the question of peace. If the finance-oligarchy considers it advantageous to veil its deeds of violence behind parliamentary votes, then the bourgeois state has at its command in order to gain its ends all the traditions and attainments of former centuries of upper- class rule multiplied by the wonders of capitalistic technique---lies, demagog- ism, persecution, slander, bribery, calumny, and terror. To demand of the pro- letariat in the final life and death struggle with capitalism that it should follow lamblike the demands of bourgeois democracy would be the same as to ask a man who is defending his life against robbers to follow the artificial rules of a French duel that have been set by his enemy b,ut not followed by him. In an empire of destruction, where not only the jneans of production and transportation, but also the institutions of political democracy represent bloody ruins, the proletariat must create its own forms, to serve above all as a bond of unity for the working class and to enable it to accomplish a revolutionary In- tervention in the further development of mankind. Such apparatus Is repre- sented in the workmen's councils. The old parties, the old unions, have proved incapable. In person of their leaders, to understand, much less to carry out the task which the new epoch presents to them. The proletariat created a new In- stitution which embraces the entire working class, without distinction of voca- tion or political maturity, an elastic form of organzatlon capable of continually renewing Itself, expanding, and of drawing Into itself ever new elements ready to open its doors to the working groups of city and village which are near to the proletariat. This Indispensable autonomous organization of the working class SEDITION. 67 in the present strviggle and In the future conquests of different lands, tests the proletariat and represents the greatest inspiration and the mightiest weapon of the proletariat of our time. Wherever the masses are awakened to consciousness, workers', soldiers,' and peasants' councils will be formed. To fortify these councils, to increase their authority, to oppose them to the State apparatus of the bourgeoisie is now the chief task of the class-conscious and honest workers of all countries. By means of these councils the working class can counteract that disorganization which has been brought into it by the infernal anguish of the war, by hunger, by the violent deeds of the possessing classes, and by the betrayal of their former lead- ers. By means of these councils the working class will gain power in all coun- tries most readily and most certainly when these councils gain the support of the majority of the laboring population. By means of these councils the work- ing class, once attaining power, will control all the field of economic and cul~ tural life, as in Soviet Russia. The collapse of the imperialistic state, czaristic to most democratic, goes off simultaneously with the collapse of the imperialistic military system. The armies of millions, m.obilized by imperialism, could remain steadfast only so' long as the poletariat remained obedient under the yoke of the bourgeoise. The- complete breakdown of national unity signifies also an inevitable disintegration of the army. Thus it happened, first in Russia, then in Au-stria-Hungary, then in Germany. The same also is to be expected in other imperialistic States. In- surrection of the peasants against the landowner, of laborer against capitalist, of both against the monarchic or " democratic " bureaucracy, must lead inevit- ably to the insurrection of soldier against commander and, furthermore, to a sharp division between the proletarian and bourgeois elements within the army. The imperialistic war which pitted nation aganst nation, has passed and is. passing into the civil war which lines up class against. class. The outcry of the bourgeois world against the civil war and the red terror is the most colossal hypocrisy of which the history "of political struggles can boast. There would be no civil war if the exploiters who have carried mankind to the very brink of ruin had not prevented every forward step of the laboring masses, if they had not instigated plots and murders and called to their aid armed help from outside to maintain or restore their predatory privileges. Civil war is forced upon the laboring classes by their archenemies. The working- class must answer blow for blow. If it will not renounce Its own object and its own future which is at the same time the future, of all humanity. The communist parties, far from conjuring up civil war artificially, rather strive to shorten its duration as much as possible — in case it has become an iron necessity — to minimize the number of its victims, and above all to secure victory for the proletariat. This makes necessary the disarming of the bour- geoisie at the proper time, the arming of the laborer, and the formation of a communist army as the protector of the rule of the proletariat and the inviola- bility of the social structure. Such is the red army of Soviet Russia which arose to protect the achievements of the working class against every assault from within or without. The Soviet Army is inseparable from the Soviet State. Conscious of the world historic character of their mission, the enlightened workers strove from the very beginning of the organized socialist movement for an international union. The foundation stone of this union was laid in the year 1864 In London, in the first international. The Franco-Prussian War,, from which arose the Germany of the Hohenzollerns, undermined the first International, giving rise at the same time to the national labor parties. As early as 1889 these parties united at the congress of Paris and organized the second international. But during this period the center of gravity of the labor movement rested entirely on national ground, confining itself within, the realm of national parliamentarism, to the narrow compass of national States and national industries. Decades of organizing and labor reformism created a generation of leaders most of whom gave verbal recognition to the program of social revolution but denied it in substance. They were lost in the swamp of reformism and adaptation to the bourgeois state. The. oppor- tunistic character of the leading parties of the second International was finally revealed — and led to the greatest collapse of the movement in all its history — when events required revolutionary methods of warfare from the labor parties. Just as the war of 1870 dealt a death blow to the first inter- nntlonal by revealing that there was not in fact behind the social-revolu- tionary program any compact power of the masses, so the war of 1914 killed' the second international by showing that above the consolidated labor masses- 68 SEDITION. there stood labor parties which converted themselves into servile organs of the bourgeois State. This includes not only the social patriots who to-day are openly in the camp of the bourgeoisie as preferred confidential advisers and reliable hang- men of the working class, but also the hazy, fickle, and irresolute socialist center which is to-day trying to revive the second international, i. e., the narrowness, opportunism and revolutionary impotence of their predecessors. The Independents of Germany, the present majority of the Socialist Party in France, the Independent I..abor Party in England, and similar groups, are actually trying to reestablish themselves in the position which the old official parties^ of the second international held Ijefore the war. They appear as before with proposals of compromise and conciliation and thereby paralyze the energy of the proletariat, lengthening the period of crisis and consequently increasing the misery of Europe. War against the socialist center ig a nec- essary condition of successful war against imperialism. Spurning the half-heartedness, hypocrisy, and corruption of the decadent official socialist parties, we, the communists assembled in the third interna- tional, feel ourselves to be the direct successors of the heroic efforts and martyrdom of a Ipng series of revolutionary generations from Baboeuf to Karl Liebknecht and Rosa Luxemburg. As the first international foresavi' the future development and pointed the way ; as the second international fathered together and organized millions of the proletarians, so the third international is the international of open mass action of the revolutionary realization, the International of deeds. Socialist criticism has sufficiently stigmatized the bourgeois world order. The task of the International Com- munist Party is now to overthrow thi^ order and to erect In Its place the structure of the socialist world order. We urge the working men and women of all countries to unite under the communist banner, the emblem under which the first great victories have already been won. Proletarians of all countries ! In the war against imperialistic barbarity, against monarchy, against the privileged classes, against the bourgeois State and bourgeois property, against all forms and varieties of social and national oppression — unite ! Under the standard of the workmen's councils, under the banner of the third , International, In the revolutionary struggle for power and the dictator- ship of the proletariat, proletarians of all countries — ^unite ! PBOOEAM. The new era has begun ! The era of the downfall of capitalism — its internal disintegration. The epoch of the proletarian communist revolution. In so"me countries, victorious proletarian revolution ; increasing revolutionary ferment in other lands ; uprisings In the colonies ; utter Incapacity of the ruling classes to control the fate of peoples any longer — that is the picture of world condi- tions to-day. Humanity, whose whole culture now lies In ruins, faces danger of complete destruction. There is only one power which can save it — the power of the proletariat. The old capitalist "order" can exist no longer. The ultimate result of the capitalistic mode of production is chaos — a chaos to be overcome only by the great producing class, the proletariat. It is the proletariat which must establish real order, the order of Communism. It must end the domina- tion of capital, make war Impossible, wipe out State boundaries, transform the whole world into one cooperative commonwealth, and bring about real human brotherhood and freedom. World capitalism prepares itself for the final battle. Under cover pf the League of Nations and a deluge of pacifist phrase-mongering, a desperate effort is being made to pull together the tumbling capitalist system and to direct its forces against the constantly growing proletarian revolt. This monstrous new conspiracy of the capitalist class must be met by the proletariat by seizure of the political power of the State, turning this power against its class enemies, and using it as a lever to set In motion the economic revolution. The final victory of the proletariat of the world means the beginning of the real history of free mankind. THE CONQUEST OF POLITICAL POWEK. Seizure of political power by the proletariat means destruction of the do- lltical power of the bourgeoisie. The organized power of the bourgeoisie is in the civil State, with its capitalistic army under control of bourgeois-junker SEDITION. 69 officers, Its police ,and gendarmes, jailers and judges, its priests, government officials, etc. Conquest of the political power means not merely a change in the personnel of ministries but annihilation of the enemy's apparatus of gov- ernment ; disarmament of the bourgeoisie, of the counter-revolutionary officers of the white guard ; arming of the proletariat, the revolutionary soldiers the red guard of workingmen ; displacement of all bourgeois judges and organiza- tion of proletarian courts; elimination of control by reactionary government officials and substitution of new organs of management of the proletariat Victory of the proletariat. Victory of the proletariat consists in shattering the enemy s organization and organizing the proletarian power ; in the destruc- tion of the bourgeois and upbuilding of the proletarian State apparatus. Not until the proletariat has achieved this victory and broken the resistance of the bourgeoisie can the former enemies of the new order be mmJe useful, by bring- ing them under control of the communist system and gradually bringing them into accord with its work. DEMOCRACY AND MCTATOESHIP. The proletarian state, like every state, is an organ of suppression, but it arrays itself against the enemies of the working class. It aims to break the opposition of the despoilers of labor, who are using every means in a desperate effort to stifle the revolution in blood, and to make impossible further opposi- tion. The dictatorship of the proletariat, which gives it the favored position in the community, Is only a provisional institution. As the opposition of the bourgeoisie is broken, as it is expropriated and gradually absorbed into the working groups, the proletarian dictatorship disappears, until finally the state dies and there are no more class distinctions. Democracy, so-called, that is, bourgeois democracy, is nothing more nor less than veiled dictatorship by the bourgeoisie. The much-vaunted " popular will " exists as little as a unified people. In reality, there are the classes, with an- tagonistic. Irreconcilable purposes. However, since the bourgeoisie is only a small minority, it needs this fiction of the " popular will " as a flourish of fine- sounding words to reinforce its rule over the working classes and to impose its own class will upon the people. The proletariat, on the contrary, as the overwhelming majority of the people, openly exercises'its class power by means of its mass organization and through its Soviets, in order to wipe out the privileges of the bourgeoisie and to secure the transition, rather the trans- formation, into a classless communist commonwealth. The main emphasis of bourgeois democracy is on formal declarations of rights and liberties which are actually unattainable by the proletariat, because of want of the material means for their enjoyment ; while the bourgeoisie uses its material advantages, through its press and organizations, to deceive and betray the people. On the other hand, the Soviet type of government makes it possible for the proletariat to realize its rights and liberties. The Soviet power gives to the people palaces, houses, printing offices, paper supply, etc.. for their press, their societies, and assemblies. And in this way alone is actual proletarian democracy made possible. Bourgeois democracy, with its parliamentary system, uses words to induce belief in popular participation In government. Actually the masses and their organizations are held far out of reach of the real power and the real State administration. In the council-soviet system the mass organizations rule and through them the mass itself, inasmuch as the councils draw constantly In- creasing numbers of workers into the State administration ; and only by this process will the entire working population gradually become part of the gov- ernment. The council system also builds itself directly on the mass organiza- tions of the proletariat, on the councils themselves, the revolutionary trade unions, the cooperatives, etc. Bourgeois democracy and its parliamentary system sharpen the separation of the masses from the State by division of the government into legislative and executive powers, and through parlia- mentary mandates beyond popular recall. The council system, by contrast, unites the masses with the organs of government by right of recall, amalga- mation of legislature and executive powers, an'd by use of working boards. Above all this union is fostered by the fact that in the council system elections are based not on arbitrary territorial districts, but on units of production. In this way the council-soviet system brings true proletarian democracy by and for the proletarians against the bourgeoisie. The industrial proletariat is favored in this system because it is the most aggressive, best organized, and 70 SEDITION. " politically ripest class, under whose leadership the semiproletarians and small farmers will be gradually elevated. These temporary privileges of the i*"^}?®" trial proletariat must be utilized to draw the small farmers away from the control of the big landowners and bourgeoisie and to organize and train them as helpers in the building of the communistic structure. EXPKOPRTATION OF THE BOUEGEOISIE AND SOCIALIZATION OF PEODUCTION. The breakdown of the capitalistic order and the disruption of capitalistic industrial discipline makes impossible the reorganization of production on a capitalistic basis. Wage wars of the workingmen — even when successful — do not bring the anticipated betterment of conditions of living ; the workers can only become emancipated when production is no longer controled by the bourgeoisie but by the proletariat. In order to raise the standards of pro- ductivity, in order to crush the opposition on the part of the bourgeoisie ( which only prolongs the death struggle of the old rCgime and thereby invites danger of total ruin), the proletarian dictatorship must carry out the expropriation of the greater bourgeoisie and junkerdom and convert the means of production and distribution into the common property of the proletarian state. Communism is now being born out of the ruins of capitalism — there is no other salvation for humanity. The opportunists who are making Utopian ■demands for the reconstruction of the economic system of capitalism, so as to postpone socialization, only delay the process of disintegratln and Increase the danger of total demolition. The communist revolution, on the ther hand, is the best, only means, by which the most important social power of produc- tion — the proletariat — can be saved, and with It society itself. The dictatorship of the proletariat does not in any way call for partition of the means of production and exchange; rather, on the contrary, its aim is further to centralize the forces of production and to subject all of production to a systematic plan. As the first steps — socialization of the great banks which now control production ; the taking over by the power of the proletariat of all government-controlled economic utilities; the transferring of all com- munal enterprises ; the socializing of the syndicated and trustified units of pro- duction, as well as all other branches of production In which the degree of concentration and centralization of capital makes this technically practicable; the socializing of agricultural estates and their conversion into cooperative establishments. As far as the smaller enterprises are concerned, the proletariat must grad- ually unite them, according to the degree of their importance. It must be par- ticularly emphasized that small properties will In no way be expropriated and that property owners who are not exploiters of labor will not be forcibly dispossessed. This element will gradually be drawn Into the socialistic or- ganization through the force of example, through practical demonstration of the superiority of the new order of things, and the regulation by which the small farmers and the petty bourgeoisie of the cities will be freed from eco- nomic bondage to usurious capital and landlordism, and from tax burdens (especially by annulment of the national debts), etc. The task of the proletarian dictatorship in the economic field can only be fulfilled to the extent that the proletariat Is enabled to create centralized organs of management and to institute workers' control. To this end it must make use of its mass organizations which are in closest relation to the process of production. In the field of distribution the proletarian dictatorship must reestablish commerce by an accurate distribution of products, to which end the following methods are to be considered : The socialization of wholesale estab- lishments ; the taking over of all bourgeois State and municipal apparatus of distribution ; control of the great cooperative societies, whiich organizations will still have an Important role In the production epoch; the gradual centraliza- tion of all these organs and their conversion into a systematic unity for the rational distribution of products. As in the field of piroduction so also in the field of distribution all qualified technicians and specialists are to be made use of, provided their political resistance is broken and they are still capable of adapting themselves not to the service of capital, but to the new system of production Far from oppressing them the proletariat will make It possible for the first time for them to develop Intensive creative work. Teh proletarian dictatorship with their cooperation, wiU retrieve the separation of physical and mental' work which capitalism has developed and thus will science and labor be unified SEDITIOIT. 71 Besides expropriating tlie factories, mines, estates, etc., tlie proletariat must also abollsli tlie exploitation of the people by capitalistic landlords, transfer the large mansions to the local workers' conncils, and move the working people into the bourgeois dwellings. During this great transition period the power of the councils must con- stantly build up the entire administrative organization into a more centralized structure, but on the other hand, constantly draw ever-increasing elements of the working people into the Immediate control of government. THE WAY OF VICTORY. The revolutionary era compels the proletariat to make use of the means of battle which will concentrate its entire energie.«, namely, mass action, with its logical resultant, direct conflict with the go^•ernmental ]nachinery in open combat. All other methods, such as revolvitionary use of bourgeois par- liamentarism, will be of only secondary significance. The indispensable condition for successful struggle is separation not only from the direct servitors of capitalism and enemies of the communist revo- lution, in which role the social democrats of the right appear, but also from the party of the center (Kautskians), who desert the proletariat at the critical moment in order to come to terms with its open antagonists. On the other hand, there are essential elements of the proletariat, heretofore not within the Socialist Party, who stand now completely and absolutely on the platform of the dictatorship of the proletariat in the form of soviet rule, for example, the corresponding elements among the syndicalists. The growth of the revolutionary movement in all lands, the danger of sup- pression of this revolution through the coalition of capitalistic States, the attempts of the socialist betrayers to unite with one another (the formation of the Yellow " Interniational " at Berne), and to give their services to the Wil- sonian league; finally the absolute necessity for coordination of proletarian action, — all these demand the formation of a real revolutionary and real Proletarian Communist International. This International, which subordinates this so-called national Interests to the interests of the international revolution, will personify the mutual help of the proletariat of the difEerent countries, for without economic and other mutual helpfulness the proletariat will not be able to organize the new society. On the other hand, in contrast with the Yellow International of the social patriots, the Proletarian Communist International will support the plundered colonial peoples in their fight against imperialism, in order to hasten the final coll&pse of the imperialistic world system. The capitalistic criminals asserted at the beginning of the world war that it was only in defense of the common Fatherland. But soon German Imperial- ism revealed its real brigand character by its bloody deeds In Russia, In the Ukraine and Finland. Now the entente States unmask themselves as would despollers and murderers of the proletariat. Together with the German bour- geoisie and social patriots, with hypocritical phrases about peace on their lips, they are trying to throttle the revolution of the European proletariat by means of their war machinery and stupid barbaiic colonial soldiery. Indescribable is the White Terror of the bourgeois cannibals. Incalculable are the sacrifices of the working class. Their best — Liebknecht, Rosa Luxemburg — have they lost. Against this the proletariat must defend itself; defend at any price. The' Communist International calls the whole world proletariat to this final struggle. Down with the imperialistic conspiracy of capital ! Long live the International Republic of the Proletarian Councils! Order this leaflet from Chas. DIrba, secretary, 1217 Hennepin Avenue, Min- neapolis, Minn., at $1.75 per thousand ($2 per thousand prepaid, in Minnesota). [Pamphlet No. 1. Price 10 cents. Communist Party of America, Chicago, 111.] MANIFESTO AND PROGRAM— CONSTITUTION— REPORT TO THE COMMUNIST INTERNATIONAL. COMMUNIST PAETT MEMBEESHIP CONSTITUTIONAL PROVISIONS. Section 1. Every person who accepts the principles and tactics of the Com- munist Party and the Communist International and agrees to engage actively in the work of the party shall be eligible to membership. It is the aim of this organization to have in its ranks only those who participate actively in its work. 72 SEDITION. Sec. 2. Applicants for membership shall sign an application card reading as " The' undersigned, after having read the constitution and program of the Communist Party, declares his adherence to the principles and tactics of the party and the Communist International, agrees to submit to the discipline oi the party as stated in its constitution, and pledges himself to engage actively m ' %Z:.. S. Every member must, join a duly constituted branch of the party. There shall be no members at large. t, ,, „ i Sec. 4. All application cards must be indorsed by two persons who have been members for not less than three months. Sec 5 Applications for membership shall not be finally acted upon until two months after presentation to the branch, and in the meantime applicant shall pay initiation fee and dues and shall attend meetings and classes. He shall have a voice and no vote : Provided, That this rule shall not apply to the charter members who make application to newly organized branches during th.e first month. Sec. 6. No person who is a member or supporter of any other political or- ganization shall be admitted to membership. Sec. 7. No person who has an entire livelihood from rent, interest, or profits shall be eligible to membership in the Communist Party. , Sec. 8. No person shall be accepted as a member who enters into the service of the National, State, or local governmental bodies otherwise than through the civil service or by legal compulsion : Prnrulpd. That the civil employment by the Government is of a nonpolitical character. For information regarding the local organization in your city write to Com- munist Party of America. 1219 Blue Island Avenue, Chicago, 111. The Communist Party Manifesto. • The world is on the verge of a new era. Europe is in revolt. The masses of Asia are stirring uneasily. Capitalism is in collapse. The workers of the world are seeing a new life and securing new courage. Out of the night of war is coming a new day. * The specter of communism haunts the world of capitalism — communism, the hope of the workers to end misery and oppression. The workers of Russia smashed the front of international capitalism and imperialism. They broke the chains of the terrible war; and in the midst of agony, starvation and the attacks of the capitalists of the world, they are creating a new social order. The class war rages fiercely in all nations. Everywhere the workers are in a desperate struggle against their capitalist masters. The call to action has come. The workers must answer the call ! The Communist Party of America is the party of the working class. The Communist Party proposes to end capitalism and organize a workers' indus- trial republic. The workers must control industry and dispose of the products of industry. The Communist Party is a party realizing the limitations of all existing workers' organizations and proposes to develop the revolutionary move- ment necessary to free the workers from the oppression of capitalism. The - Communist Party insists that the problems of the American worker are identical with the problems of the workers of the world. THE WAB AND SOCIAIISM. A giant struggle is convulsing the world. The war is at end, but peace is not here. The struggle is between the capitalist nations of the world and the international proleitariat, inspired by soviet Russia. The imperialisms of the world are desperately arraying themselves against the onsweeping pro- letarian revolution. The League of Nations is dividing the world financially and territorially. It is directing the fight against the workers. It is the last effort of capitalism to save itself. The reactionary League of Nations is the logical result of this imperialistic war. And the war was the product of capitalism. Capitalism oppresses the workers. It deprives them of the fruit of their labor, the difference between wages and product constituting the profits of the capitalists. As the capitalists compete with each other, while exploiting SEDITION. 73 llie workers, new and more efficient means of production develop. This com- pels the concentration of industry which results in monopoly. Under monopoly there is rapid accumulation of capital, producing a surplus which It is neces- sary to export for investment. This export of capital, together with the strug- gle to monopolize the world's sources of raw materials and to control unde- veloped territory for purposes of investment, is the basis of imperialism. Imperialism produced the war. The war now being at an end, the victorious nations are concerned almost exclusively with these economic, territorial, and financial problems. The United States was vitally concerned in the war, the issue being world power ; and its capitalism, having secured a position of finan- cial supremacy, had a direct imperialistic interest at stake. The war made a shambles of civilization. It proved the utter Incapacity of capitalism to direct and promote the progress of humanity. Capitalism has broken down. But the socialist movement itself broke down under the test of war. The old dominant moderate socialism accepted and justified the war. It acted against the proletarian revolution and united with the capitalists against the work- ers. Out of this circumstance developed the forces of revolutionary socialism now expressed in the communist international. Socialism had repeatedly emphasized the menace of war. It had urged the workers to act against the war. The socialist congress at Basel in 1912, wheji Europe was on the verge of a general war, condemned the war as imperialistic and as unjustifiable on any pretext of national interest. It urged using the crisis of war to " rouse thfe masses and to hasten the downfall of "apitalisra." The war that came in 1914 was the same imperialistic war that might have come in 1912. But upon the declaration of war the dominant opportunistic Socialist parties accepted and justifiied the war of plunder and mass murder ! This was a direct betrayal of socialism. It was an abandonment of the clas.'? struggle. The class struggle is the very heart of revolutionary socialism. Unless the Socialist movement wages the class struggle under any and all con- ditions in its revolutionary implications, it becomes either Utopian or reac- tionary. But moderate socialism accepted the war and the " unity of the classes " and united with the capitalist governments against the working class. The Spcialist parties accepted the war as a war for democracy — as if democ- racy under imperialism is not directly counter-revolutionary. They justified the war as a war for the independence of nations. Not the proletarian class struggle, but nationalism, social patriotism, and social imperialism determined the policy of the dominant socialism. The coming of socialism was made de- pendent upon the workers cutting each other's throats in the struggles of their own ruling class ! SOCIALISM AND COMMUNISM. The collapse of the Socialist International during the war marks the transi- tion from the older moderate socialism to the new socialism of revolutionary practice and promise in the Communist International. Moderate socialism, which perverted the revolutionary socialism of the First International, placed its faith in " constructive " social reforms. It accepted the bourgeois state as the basis of- its activities, and then strengthened that state. It developed a policy of " class reconciliation," aflSrming that the coming of socialism was a concern of " all the classes," instead of emphasizing the Marxian policy that it was the task of the revolutionary proletariat alone. There was a joint movement that affected the thought and practice of socialism : On the one hand, the organization of the skilled workers into trade-unions, which secured certain concessions and became a semiprivileged caste ; and, on the other hand, the decay of the class of small producers, crushed under the iron tread of industrial concentration. As one moved upward and the other downward, they met and formed a political juncture to use the state to improve their conditions. The dominant socialism expressed this compromise. It de- veloped a policy of legislative reforms and State capitalism. The whole process was simple. The workers were to unite with the middle class and Government ownership of industry was to emancipate the working class. Parliamentarism was to revolutionize the old order of slavery and power, of oppression and destruction. It was simple but disastrous. The State, as owner of industry, did not free the workers, but imposed a sterner bondage. The capitalist State was made stronger by its industrial functions. The parliamentary representatives of the workers played at the parliamentary comedy, while capitalism developed new powers of oppression and destruction. 74 SEDITION. But imperialism exiwsed the final futility of this policy. Imperialism united the nonproletarian classes, by means of' State capitalism, for Intprnational con- quest and spoliation. The small capitalists, middle class, and the aristocracy of labor, which previously acted against concentrated industry, now compromise and unite with concentrated industry and finance-capital in imperialiMU. J-he small capitalists accept the domination of finance-capital, being allowed to par- ticipate in the adventures and the fabulous profits of Imperialism, upon which now depends the whole of trade and industry. The middle class invests m monopolistic enterprises ; its income now depends upon finance-capital, its mem- hers securing " positions of superintendence,"" its technicians and Intellectuals heing exported to lands in process of development. The workers of the privi- leged unions are assured steady employment and comparatively high wages through the profits that come in from the savage exploitation of colonial peoples. All these nonproletarian social groups accept imperialism, their " liberal and progressive " ideas becoming camouflage for imperialism with which to seduce the masses. Imperialism requires the centralized state, capable of uniting all the forces of capital, of unifying the industrial process through State regula- tion, of maintaining " class peace," of mobilizing the whole national power for the struggles of imperialism. State capitalism is the expression of imperialism, precisely that State capitalism promoted by moderate socialism. What the par- liamentary policy of socialism accomplished was to buttress the capitalistic state, to promote State capitalism to strengthen imperialism. Moderate socialism developed while capitalism was still competitive. Dpon the advent of monopoly and imperialism, socialism emerged into a new epoch — an epoch requiring new and more aggressive proletarian tactics. Capitalism acquired a terrific power in industry and the state. The concentration of indus- try, together with the subserviency of parliaments to the . imperialistic man- dates and the transfer of their vital functions to the executive organ of gov- ernment, made more clear the impossibility of the parliamentary conquest of power. The older unionism and parliamentary socialism proved their utter In- ■competence for the new conditions of struggle. These conditions developed the concept of industrial unionism in the United States and the concept of mass action in Europe. Imperialism made it necessary to reconstruct the socialist movement. But moderate socialism itself did not change under the necessity. of events. The consequence was a miserable collapse under the test of the war and the proletarian revolution in Russia and Germany. In the Russian revolution, the proletariat, urging on the poorer peasantry, conquered the power of the state after the first revolution had established the ■democratic parliamentary republic. It established a dictatorship of the prole- tariat. This proletarian revolution was accomplished In spite of the opposition of modern socialism, represented by the Mensheviki and the Social Revolution- ists. These moderates argued that since Russia was economically an unde- veloped country. It was premature to make a proletarian revolution in Russia and historically impossible to realize socialism. Moderate socialism in Germany also acted against the proletarian revolution. It offered a capitalist parliamentary republic as against proletarian dictator- ship. The issue in Germany could not be obscured. Germany was a fully developed nation industrially, its economic conditions were mature for the introduction of socialism. But moderate socialists rejected the revolutionary task. There is a common policy that characterizes moderate socialism ; that is, its conception of the state. Out of the conception that the bourgeois parliamentary state is the basis for the introduction of socialism developed a directly counter- revolutionary policy. Communism rejects this conception of the state. It rejects the idea of class reconciliation and the parliamentary conquest of capitalism. The communist party alone is capable of mobilizing the proletariat for the revolutionary mass struggle to conquer the power of the state. The Communist Party realizes that It Is necessary to develop separate organs of working class political power iDy means of which to crush the resistance of capitalism and establish the Com- munist Commonwealth. AMERICAN SOCIALISM. Socialism in the United States, prior to the appearance of the Socialist Labor Party, was a movement of isolated and Indefinite protest. It was the sport of middle class movements, while itself split by socialist and anarchist factions SEDITION. 75 The Socialist Labor Party, after casting off the nonsocialist elements, devel- oped as a consistent party of revolutionary socialism. Particularly, the Socialist Labor Party realized the importance of imparting a socialist character and con- sciousness to the unions. The Socialist Labor Party, together with the experi- ■ence of the Western Federation of Miners and the American Labor Union, developed the theory and practice of Industrial unionism. The struggle of the Socialist Labor Party against the old unionism developed a secession from the party of elements who considered protecting the reactionary American Federation of Labor more important than revolutionary socialism. These, together with bourgeois and agrarian radicals, organized the Socialist Party. Tlie Socialist Party was a party of moderate socialism. Its policy was that of Government ownership of industry, not thB proletarian conquest of power. It maintained that the middle class and the lesser capitalists are necessary in the socialist struggle against capitalism. The Socialist Party asserted in sub- stanqe : Socialism is a struggle of all the people against the trusts, making the realization of socialism depend upon the " unity of the common people," the -\yorkers, the small capitalists and investors, tlie. professions. In 'short, the •official policy of the Socialist Party was to attain socialism by means of capitalist ■democracy. The Socialist Party stultified proletarian political action by limiting it to elections and participation in legislative reform activity. The party favored reactionary trades-unionism as against revolutionary Industrial unionism. The Socialist Labor Party developed a purely theoretical activity of real value, but was isolated from the masses. The Socialist Party attained k consid- erable membership, but largely of a petty bourgeois character. The war brought in new industrial proletarian elements, but the party still isolated itself from revolutionary theory and practice. The proletarian masses in the Socialist Party required simply the opportunity to develop a revolutionary proletarian policy. The Socialist Party, under the Impulse of its proletarian membership, adopted a militant declaration against the war, but the officials of the party sabotaged this declaration. The official policy of the party on the war was that of liberal pacifism. The party bureaucracy united with the People's Council, which propa- gandized a Wilson peace. The 1918 party platform accepted the Wilson " 14 points," as adopted by the prowar Interallied Labor and Socialist Conference. The war and proletarian revolution in Russia sharpened the antagonism between the party policy and the revolutionary proletarian temper in the party. Revolt broke loose. The Socialist Party was crushed. The Communist Party is the response to this revolt and to the call of the Communist International. COMMUNIST PAETT PEOBLEMS. The United States is now a world power. It is developing a centralized, autp- cratic Federal Government, acquiring flnaTicial and military reserves for aggres- sion and wars of conquest. Imperialism now consciously dominates the national policy. The war strengthened American capitalism, instead of weakening it, as in Europe. But the collapse of capitalism in other countries will play upon and affect events In this country. Feverishly American capital is developing a bru- tal campaign of terrorism. It is utterly incompetent on the problems of recon- struction that press down upon society. Its " reconstruction " program aims simply to develop power for aggression and plunder in the markets of the world. While this is not the moment of actual revolution, it is a moment of struggles pregnant with revolution. i,-„v, <-v,„ Strikes are developing, verging on revolutionary action, and in which the suggestion of proletarian dictatorship is apparent. The strike workers try to usuip functions of Industry and government, as in the Seattle and Winnipeg ^T mlnofphase of proletarian unrest is the trade-unions organizing a labor party in an effort to conserve what they have secured as a, privileged caste. A labor party is not the instrument of aggressive working class struggle. It can not break the power of the capitalists and the profit system of oppression and misery since it accepts private property and the " rights of capital. The prac- t™f a Tabor party is in general the practice of the Socialist Party-coopera- tion with bourgeois " progressives " and reforming capitalism on the basis of the capitalist parliamentary State. Laborism is as much a danger to the proleta- 76 SEDITION. rian as moderate petty bourgeois socialism, the two being expressions of an identical social tendency and policy. There can be no compromise either with laborism or reactionary socialism. But there is a more vital tendency, the tendency of the workers to start mass strikes — strikes which are equally a revolt) against the bureaucracy of the unions and the capitalists. The Communist Party will endeavor to broaden and deepen these strikes, making them general and militant, developing the general political strike. The Communist Party accepts as the basis of its action the mass struggles of • the proletariat, engaging directly in these struggles and emphasizing their revolutionary implications. POLITICAL ACTION. The proletarian class struggle is essentially a political struggle. It is a political struggle In the sense that its objective is political — overthrow of the political organizations upon which capitalist exploitation depends, and the in- troduction of a proletarian state power. The object is the conquest by the proletariat of the power of the state. Communism does not propose to " capture " the bourgeoise parliamentary state, but to conquer and destroy It. As long as the bourgeoise state prevails the capitalist class can baffle the will of the proletariat. In those countries in which historical development has furnished the oppor- tunity, the working class has utilized the regime of political democracy for its organization against capitalism. In all countries where the conditions for a workers' revoluton are not yet ripe, the same process will go on. The use of parliamentarism, however, is only of secondary importance. But within this process the workers must never lose sight of the true char- acter of bourgeois democracy. If the finance-oligarchy considers it advan- tageous to veil its deeds of violence behind parliamentary votes, then the capi- talist class has at Its command in order to gain Its end. all the traditions and attainments of former centuries of working class rule, multiplied by the wonders of capitalist technique — lies, demagoglsm, persecution, slander, bribery. To the demand of the proletariat that it shall be content to yield itself to the artificial rules devised by its mortal enemy but not observed by the enemy is to make a mockery of the proletarian struggle for power, a struggle which de- pends primarily on the development of separate organs of working class power. The parliamentarism of the Communist Party performs a service in mobiliz- ing the proletariat against capitalism, emphasizing the political character of the class struggle. The conquest of the power of the state is accomplished by the mass powet of the proletariat. Political mass strikes are a vital factor in developing this mass power, preparing the working class for the conquest of capitalism. 'The power of the proletariat lies fundamentally in its control of the industrial process. The mobilizing of this control against capitalism means the initial form of the revolutionary mass action that will conquer the power of the state. UNIONISM AND MASS ACTION. The Older unionism was based on the craft divisions of small Industry The unions consisted primarily of skilled workers, whose skill is itself a form of property. The unions were not organs of the militant class struggle To-day the dominant unionism is actually a bulwark of capitalism, merging In im- perialism and accepting State capitalism. The concentration of industry and the development of the machine process expropriated large numbers of the skilled workers of their skill ■ but the unions still maintained the Ideology of property contract and caste. Deprived of actual power by the ineffectiveness of its localized strikes as against large scale industry, trades unionism resorts to dickers with the bourgeois state and ac- cepts imperialistic State capitalism to maintain Its privileges as aeainst th«^ unskilled Industrial proletarat. "iieget, as against the The concentration of Industry produces the Industrial proletariat— the ma- chine workers. This proletariat, massed in the basic industry, constitutes the militant basis of the class struggle. Deprived of skill and craft divisions, the old petty isolated strike is useless to these workers These ^cts of industrial concentration developed the concept of industrial unionism among the organized workers, and mass action among the unor- ganized. SEDITION. 77 Mass action is tlie proletarian response to the facts of modern Industry, and tlie forms it imposes upon the proletarian class struggle. Mass action de- velops as the spontaneous activity of unorganized worliers in the basic in- dustry ; its initial form is the mass strllie of the unskilled. In these strikes large masses of workers are unified by the impulse of the struggle, developing a new tactic and a new ideology. Mass action is Industrial in its origin, but It acquires political character as it develops fuller forms. Mass action. In the form of general political strikes and demonstrations, unites the energy and forces of the proletariat, brings pro- letarian mass pressure upon the bourgeois state. The more general and con- scious mass action becomes, the more it antagonizes the bourgeois state, the more it becomes political mass action. Mass action is responsive to life itself, the form of aggressive proletarian struggle under imperialism. Out of this struggle develops revolutionary mass action, the means for the proletarian con- quest of power. The conception of mass action has little in common with syndicalism. In its mass impulse, syndicalism was a protest against futility of parliamentarism. But anarcho-syndicalism tactically and theoretically is a departure from Marx- ism. It does not appreciate the necessity of a proletarian state during the transition period fi-om capitalism to communism (which implies the disap- pearance of all forms of the State). Syndicalism makes the proletarian revo- lution a direct seizure of industry, instead of the conquest of tfie power of the State. Industrial unionism, also, can not conquer the power of the State. Under the conditions of capitalism it is impossible to organize the whole working class into industrial unions. It will be necessary to rally the workers, or- ganized and unorganized, by means of revolutionary mass action. Moreover, industrial unionism does not actually construct the' forms of the communist administration of industry, only potentially. After the conquest of power the industrial unions may become the starting point of the communist reconstruc- tion of society. But the conception that the majority of the working class can be organized into conscious industrial unions and construct under capitalism the form of the communist society is as Utopian as the moderate socialist con- ception of the gradual " growing into socialism." - DICTATOBSHIP OF THE PROLETARIAT. The proletarian revolution comes at the moment of crises in capitalism, of a collapse of the old order. Under the Impulse of the crises, the proletariat act for the conquest of power, by means of mass action. Mass action concen- trates and mobilizes the forces of the proletariat, organized and unorganized ; it acts equally against the bourgeois state and the conservative organizations of the working class. Strikes of protest develop into general political strikes and then into revolutionary mass action for the conquest of the power of the State. Mass action becomes political - in purpose while extraparliamentary In form; it is equally a process of revolution and the revolution itself in operation. The State is an organ of coercion. The bourgeois parliamentary state is the orgpn of the bourgeoisie for the coercion of the proletariat. Parliamentary government In the expression of bourgeois supremacy, the form of authority of the capitalist over the worker. Bourgeois democracy promotes the dictatorship of capital, assisted by the press, the pulpit, the army and the police. Bour- geois democracy is historically necessary, on the one hand, to break the power of feudalism, and, on the other, to maintain the proletarian in subjection. It is precisely this democracy that is now the instrument , of imperialism, since the middle class, the traditional carrier of democracy, accepts imperialism. The proletarian revolution disrupts bourgeois democracy. It disrupts this de- mocracy in order to end class divisions and class rule, to realize industrial self-government of the workers. Therefore it is necessary that the prole- tariate organize its own state for the coercion and suppression of the bour- geoisie. Proletarian dictatorship is a recognition of that fact; it is equally a recognition of the fact that in the communist reconstruction of society the proletariat alone counts as a class. While the dictatorship of the proletariat performs the negative ta.sk of crushing the old order, it performs the positive task of constructing the new. Together with the government of the proletarian dictatorship, there is de- veloped a new " government," which Is no longer government in the old 78 SEDiTioisr, sense, since it concerns itself with the management of the production and not with the government of pcirsons. Out of workers' control of industry, intrp- duced by the proletarian dictatorship, there develops the complete structure of communist socialism — industrial self-government of the communistically organized producers. When this structure Is completed, which implies the com- plete expropriation of the bourgeoisie, economically and politically, the dicta- torship of the proletariat ends, in its place coming the full, free social and individual autonomy of the communi.st order. THE COMMUNIST TNTJ2ENATI0NAI,. The Communist International, issuing directly .out of the proletarian revo- lution in action, is the organ of the international revolutionary proletariat ; just as the League of Nations is the organ of the joint aggression and resist- ance of the dominant imperialism. The Communist International represents a socialism in complete accord with the revolutionary character of the class struggle. It unites all the con- scious revolutionary forces. It wages war equally against imperialism and moderate socialism — each of which has demonstrated its complete inability to solve the problems that now press down upon the' workers. The Communist International issues its call to the conscious proletariat for the final struggle against capitalism. It is not a problem of immediate revolution. The revolutionary epoch may last for years, and tens of years. The Communist International offers a pro- gram both immediate and ultimate in scope. The old order is in decay. Civilization is in collapse. The workers must prepare for the proletarian revolution and the communist reconstruction of society. The Communist International calls ! Workers of the world, unite ! THE PBOGBAM OF THE PABTY. The Communist Party is the conscious expression of the class struggle of the workers against capitalism. Its aim is to direct this struggle to the con- quest of political power, the overthrow of capitalism and the destruction of the bourgeois state. The Communist Party prepares itself for the revolution in the measure that it develops a program of immediate action, expressing the mass struggles of the proletariat. These struggles must be inspired with revolutionary spirit and purposes. The Communist Party is fundamentally a party of action^ It brings to the workers a consciousness of their oppression, of the impossibility of improving their conditions under capitalism. The Communist Party directs tlie workers' struggle against capitalism, developing fuller forms and purposes in this struggle, culminating in the mass action of the revolution. I. The Communist Party maintains that the class struggle is essentially ■ a political struggle ; that is, a struggle to conquer the power of the State. (o) The Communist Party shall keep in the foreground its consistent appeal for proletarian revolution, the overthrow of capitalism and the establishment of a dictatorship of the proletariat. As the opposition of the bourgeoisie is broken, as it is expropriated and gradually absorbed in the working groups, the prole- tarian dictatorship disappears, until finally the State dies and there are no more class distinctions. (6) Participation in parliamentary campaigns, which in the general struggle of the proletariat is of secondary importance, is for the purpose of revolutionary propaganda only. (c) Parliamentary representatives of the Communist Party shall not in- troduce or support reform measures. Parliaments and political democi-acy shall be titillzed to assist in organizing the wording class against capitalism and the State. Parliamentary representatives shall consistently expose the oppressive class character of the capitalist state, using the legislative forum to interpret and emphasize the class struggle ; they shall make clear how parliamentarism and parliamentary democracy deceive the workers ; and they shall analvze capi- talist legislative proposals and reform palliatives as evasions of the issue and as of no fundamental significance to the working class. SEDITIOK. 79 (d) Nominations for public office and participation in elections are limited to legislative bodies only, sucli as municipal councils, state legislatures, and tlie National Congress. (e) The uncompromising character of the class struggle must be maintained under all circumstances. The Comumnist Part.v accordingly, in campaigns and elections, and in all its other activity, shall not cooperate with groups or par- ties not committed to the revolutionary class sruggle, such as the Socialist Party, Labor Party, non-Partisan League, People's Council, Municipal Owner- ship Leagues, etc. IL The Communist Party shall make the great industrial struggle of the working class its major campaigns, in order tp develop an understanding of the strike in relation to the overthrow of capitalism. '(a) The Communist Party shall participate in mass strikes, not only to achieve the immediate purposes of the strike, but to develop the revolutionary implications of the mass strike. (6) Mass strikes are vital factors in the process out of which develops the workers' understanding and action for the conquest of power. (c) In mass strikes under conditions of concentrated capitalism there i» talent the tendency toward the general mass strike, which takes on a political character and manifests the impulse toward proletarian dictatorship. In these general mass strikes the Communist Party shall emphasize the necessity of maintaining industry and the taking over of social functions usually dicharged by the capitalists and the institutions of capitalism. The strike must cease being isolated and passive ; it must become positive, general, and aggres- sive, preparing the workers for the complete assumption of industrial and social control. (a) Every local and district organization of the party shall establish contact with industrial units in its territory, the shops, mills, and mines — and direct its agitation accordingly. (6) Shop committees shall be organized wherever possible for the purpose of communist agitation in a particular shop or industry by the workers employed there. These* committees shall be united with each other and with the Com- munist Party, so that the party shall have actual contact with the workers and mobilize them for action against capitalism. III. The Communist Party must engage actively in the struggle to revolu- tionize the trade unions. As against the unionism of the American Federation of Labor, the Communist Party propagandizes industrial unionism and in- dustrial union organization, emphasizing their revolutionary implications. In- dustrial unionism is not simply a means for the everyday struggle against capitalism ; its ultimate purpose is revolutionary, implying the necessity of end- ing the capitalist parliamentary state. Industrial unionism is a factor in the final mass action for the conquest of power, as it will constitute the basis for the industrial administration of the communist commonwealth. (a) The Communist Party recognizes that the A. F. of L. is reactionary and a bulwark of capitalism. (6) Councils of workers shall be organized in the shops as circumstances allow for the purpose of carrying on the industrial union struggle in the old unions, uniting and mobilizing the militant elements; these councils to be unified in a central council wherever possible. (c) It shall be a major task of the Communist Party to agitate for the construction of a general industrial union organization embracing the I. W. W., W. I. I. U., independent and secession unions, militant unions of the A. F. of L., and the unorganized workers on the basis of the revolutionary class struggle. IV. The Communist Party shall encourage movements of the workers in the shops seeking to realize workers' control of industry, while indicating their limitations under capitalism ; concretely, any movement analogous to the Shop Stewards of England. These movements (equally directed against the union bureaucracy) should be related to the Communist Party. V. The unorganized unskilled workers (Including the agricultural proletariat) constitute the bulk of the working class. The Communist Party shall directly and systematically agitate among these workers, awakening them to industrial union organization and action. VI. In close connection with the unskilled workers is the problem of the Negro worker. The Negro problem is a political and economic problem. The racial oppression of the Negro is simply the expression of his economic bondage and oppression, each intensifying the other. This complicates the Negrci prob- lem, but does not alter its proletarian character. The Communist Party will 80 SEDITION. carry on agitation among the Negro workers to unite them with all class conscious workers. „ VII. The United States is developing an aggressive militarism, ihe com- munist Party will wage the struggle against militarism as a phase of the qlass struggle to hasten the downfall of capitalism. VIII. The struggle against imperialism, necessarily an international struggle, is the basis of proletarian revolutionary action in this epoch. (o) There must be close unity with the Communist International for com- mon action against the Imperialism. (&) The Communist Party emphasizes the common character of the struggle of the workers of all nations, making necessary the solidarity of the workers of the world. The Pabtt Constitution. i. name and ptjepose. Sec. 1. The name of this organization shall be the Communist Party of America. Its purpose shall be the education and organization of the working class for the establishment of the dictatorship of the proletariat, the abolition of the capitalist system, and the establishment of the communist society. ir. EMBLEM. Sec. 1. The emblem of the party shall be a button with the figure of the earth in the center in white with gold lines and a red flag across the face bearing the inscription, "All power to the workers " ; around the figure of the earth a red margin shall appear with the words " The Communist Party of America " and " The Communist International " on this margin in white letters. III. MEMBERSHIP. Sec. 1. Every person who accepts the principles and tactics of the Communist Party and the Communist International and agrees to engage actively in the work of the party shall be eligible to membership. It is the aim of this or- ganization to have in its ranks only those who participate actively in its work. Sec. 2. Applicants for membership shall sign an application card reading as follows : "The undersigned, after having read the constitution and program of the Communist Party, declares his adherence to the principles and tactics of the party and the Communist International : agrees to submit to the discipline of the party as stated in its constitution and pledges himself to engage actively in its work." Sec. 3. Every member must join a duly constituted branch of the party. There shall be no members at large. Sec 4. All application cards must be endorsed by two persons who have been members for not less than three months. Sec. 5. Applications for membership shall not be finally acted upon until two months after presentation to the branch, and in the meantime applicant shall pay initiation fee and dues and shall attend meetings and classes. He shall have a voice and no vote. Provided that this rule shall not apply to the charter members of new branches nor to the members who make application to newly organized branches during the first month. Sec. 6. No person who is a member or supporter of' any other political or- ganization shall be admitted to membership. Sec. 7. No person who h-as an entire livelihood from rent, interest or profit shall be eligible to membership in the Communist Party. Sec. 8. No person shall be accepted as a member who enters into the service of the national, State or local governmental bodies otherwise than through the civil service or by legal compulsion. Provided, that the civil employment by the Government is of a non- political character. Sec 9. No members of The Communist Party shall contribute articles or editorials of a political or economic character to publications other than those of the Communist Party or of parties afliliated with .the Communist Interna- tional. (This clause shall not be considered as prohibiting the contribution of SEDITIOK. 81 articles written from an economic or scientific standpoint to scientific or pro- fessional journals. Permission to answer an attack upon the Communist Party in the bourgeoise press may be granted by the central executive committee). TV. UNITS OP ORGANIZATIONS. Sec. 1. The basic organization of the Communist Party shall be branches of not less than seven members. (Applicants for a charter shall fill out the form provided by the national organization.) Sec. 2. Two or more branches located in the same city shall form, a city central committee. City central committees may include branches in adjacent territory, subject to supervision of the central management of the party. Sec. 3. City central committees and all other branches in the same State shall form State organizations. Provided, that under the control of the central executive committee more than one State may be included in a single district organization ; and provided also that district organizations may be formed by the central executive committee along the lines of industrial rather than State divisions. Sec. 4. Branches of the Communist Party made up of members who speak a foreign language, when there are ten or more of such branches, consisting of a total not less than 750 members, may form a language federation. Pro- * vided, that this rule shall not apply as to members of those federations afiillating with the party at the time of its organization or within four months thereafer. No more than one federation of the same language may exist in the party. Sec. 5. All language branches shall join and become part of the federations of their language, if such a federation exists. Sec 6. All subsidiary units shall be combined in the Communist Party. Branches of the cities, States, districts and federations shall be units of the Communist Party. V. ADMINISTRATION. Sec 1. The supreme administrative body of the Communist Party shall be the convention of the party. Sec. 2. Between the meetings of the conventions the supreme body shall be the central executive committee elected by the convention. The central execu- tive committee shall consist of 15 members. The convention shall also elect five alternates who shall take their places as members of the central executive committee in case of vacancies in the order of their vote. Sec; 3. The central executive committee shall elect from its members a sub- committee of five members, who together with the executive secretary and the editor of the central organ of the party shall be known as the executive coun- cil. The members of the executive council shall live in the city in which the national headquarters are located or in adjacent cities. This executive council shall carry on the work of the party under the supervision of the central execu- tive committee. Sec 4. The convention shall elect an executive secretary and the editor of the central organ of the party. All other officials shall be appointed by the central executive committee. Sec 5. The executive secretary and editor shall conduct their work under the direction of the central executive committee. Sec. 6. The supreme administrative power of the State, district, federation, or city units shall be vested in the conventions of these respective units. Con- ventions of the State or district organization shall be held in May or June each year. Sec. 7. Between conventions of the district. State, and federation the central executive committee of these organizations shall be the supreme bodies. Sec. 8. The central executive committee of these organizations shall in each case be elected by the conventions, which shall also determine the number of members. Sec 9. The city central committees shall consist of delegates elected by the branches upon the basis of proportional representation. ■ They shall meet at least once each month. The city central committees shall elect their executive committees and executive officers. Sec 10. Each federation shall elect a translator-secretary, who shall have an office in the national headquarters and whose salary shall be paid by the 166718—20 6 82 SEDITION. national organization. Translator-secretaries are the representatives of tbeir or- ganizations in the national headquarters, and shall serve as mediums of com- munication. They shall submit monthly to the executive secretary and the State and district organizations a statement showing all the dues stamps sold during the previous month. Translator-secretaries shall not be e'igible to membership in the central executive committee but shall meet with the committee and the executive council and have a voice but no vote. Section 1. Each applicant for membership shall pay an initiation fee of 50 cents, which shall be receipted for by an initiation stamp furnished by the na- tional organization. The 50 cents shall be divided between the branch and city central committee. Where there is no city central committee its share shall be paid to the State or district organization. Sec. 2. Each member shall pay 40 cents per month in dues. Stamps shall be sold to the State or district organization at 15 cents ; State or district organiza- tions shall sell stamps to the city central committees and branches in cases where there are no city committees at 25 cents; city central committees shall sell stamps to branches at 30 cents. Sec. 3; Branches of language federation shall purchase their dues stamps through their federations. Translator-secretaries shall pay 10 cents per stamp to tbe national organization and shall remit to each State or district organiza- tion 10 cents for each stamp sold each month. Where a city central committee exists the State or district organization shall remit 5 cents of this amount to the city central committee. Members of language federation branches pay 40 cents per stamp, 10 cents going to the branch and 10 cents to the federation. Sec. 4. Special assessment may be levied by the national organization; federa- tions, or the central executive committee. No member shall be considered in good standing unless he purchased such special assessment stamps. Sec. 5. Husband and wife belonging to the same branch may purchase dual stamps, which shall be sold at the same price as the regular stamps. Special assessments must be paid by both husband and wife. Sec 6. Member unable to pay dues on account of unemployment, strikes, sick- ness, or for similar reasons shall, upon application to their financial secretary, be furnished exempt stamps. Provided that no State or district organization or federation shall be allowed exempt stamps in a proportion greater than 5 per cent of its monthly purchase of regular stamps. Sec. 7. Members who are three months in arrears in payment of their dues shall cease to be members of the party in good standing. Members who are six months in arrears shall be stricken from the rolls. No member shall pay dues in advance for a period of more than three months. VII. DISCIPLINE. Section 1. All decisions of the governing bodies of the party shall be binding upon the membership and subordinate units of the organizations. Sec. 2. Any member or organization violating the decisions of the party shall be subject to expulsion by the organization which has jurisdiction. Charges against members shall be made before branches, subject to appeal by either side to the city central committee or State or district organization where there is no city central committee. Charges against the branches shall be made before the city central committee, or where there is no city central committee, before the State or district organization. Decisions of the city central commit- tee in the case of branches shall be subject to revision by the State or district organization. Charges against State or district organizations shall be made before the central executive committee. When a city central committee expels a federation branch, the branch shall have the right to present its case to the central executive committee of the federation. If the central executive com- mittee of the federation decides to that effect it may bring an appeal for rein- statement before the central executive committee of the party, which shall make final disposition of the matter. Sec. 3. Jlembers and branches of the federation shall be subject to the discipline of the federation. Branches expelled by the federation shall have the right to appeal to the city central committee, or, when there is no city central committee, to the State or district organization. If the city central committee or the State or district organization does not uphold the expulsion SEDITION". 83 the matter shall be referred to the central commitee upon documentarv evi- dence, and If the decision of the city central committee or State or dfstrrct organization is upheld, the branch shall be reinstated as a branch of the fedem- ten-Uory ifrepresents. ''''' '"'*'' °'-^^"i^^«on shall restrict its activities to the Sec. 5. A member who desires to transfer his membership to another branch shall secure a transfer card from the financial secretary of his branch No branch shall receive a member from another branch without such a transferral card, and upon presentation of the transfer card the secretary of the branch receivmg the same shall make inquiry about the standing of the member to the secretary issuing the card. cmuci lu Sec 6. All party units shall, use uniform application cards, dues books, and accounting records, which shall be printed by the national organization Sec. 7. All employees of the party must be party members. yui. HEADQXJABTEBS. Section 1. The national headquarters of the party shall be located in Chieago In an emergency, district or State office maj be used as the national head- quarters. IX. QUALIFICATIONS. Section 1. Members of the central executive connnittee, the executive secre- tary, editor, international delegates and international secretary and all candi- dates for political office must have been members of the party for two years at the time of their election or nomination. Those shall be eligible in election to party offices or nomination to public office on June 1, 1920, who join the Com- munist Party before January 1, 1920. All who state their intention of joining the Communist Party shall be eligible at this convention. X. CONVENTIONS. Section 1. National conventions shall be held annually during the month of June, the specific date and place to be determined by the central executive committee. The central executive committee may call emergency conventions, and such conventions may also be called by referendum vote. Sec. 2. Representation at the national convention shall be upon the basis of one delegate for each 500 members or major fraction thereof; Provided, That when the number of delegates would exceed a total of 200 the central executive committee shall increase the basis of representation so that the number of delegates shall not exceed that figure. Sec. 3. Delegates shall be apportioned to the State or district organizations on the basis of one delegate for each such organization, and the apportion- ment of the balance on the basis of the average membership for the six months prior to the issue of the" call for the convention. Delegates shall be elected at the convention of the State or district organization. Sec 5. Delegates to the national convention shall be paid their travelings expenses and a per diem of $5. Sec. 6. .The call for the convention and the apportionment of delegates shall be published not later than April 1. XI. KEFEEENDUM ANn RECALL. Section 1. Referendums on the question of party platform policy or constitu- tion shall be held upon the petition of 25 or more branches representing 5 per cent of the membership; 2) or by initiative of the central executive committee; 3) of by initiative of the national convention. Sec 2. All officers of the national organization or those elected to public office shall be subject to recall upon initiative petition of 25 or more branches, representing 5 per cent of the membership. A recall vote of the membership may also be initiated by the central executive committee. Sec. 3. Each motion and resolution shall be printed in the official bulletin and remain open for 90 days from the date of first publication, and if it has then not received the requisite number of seconds it shall be abandoned. The vote on each referendum shall close 60 days after its submission. 84 SEDITION. Sec. 4. Referendums shall be submitted without'preamble or comment, but the party press shall be open for discussion of the question Involved during the time the referendum is pending. Xlt. INTERNATIONAL DELEGATE AND SECRETARY. Section 1. Delegates to the International congress and alternates and an international secretary and alternate shall be elected by the convention. schedule. Anv branch of the Socialist Party or Socialist Labor Party which indorses the program and consUtution of the Communist Party and applies for a charter before January 1, 1920, shall be accepted as a branch. The provisions of article III, section 4, shall not be enforced until after De- cember 1, 1919, except as to the two signatures. recommendation. That this convention authorize the secretary Immediately to issue a special organization stamp, to sell at 50 cents, to create a fund for the organization of the party. Report of Louis C. Fraina, International Secretart of the Communist Party of America, to the Executive Committee of the Communist In- ternational. As international secretary, I make application for admission of the Com- munist Party of America to the bureau of the communist international as a major party. The Communist Party, organized September 1, 1919, with approximately 55,000 members, issues directly out of a split in the old Socialist Party. The new party represents more than half the membership of the old party. 1. socialist party; socialist labor party, i. w. w. The Socialist Party was organized in 1901, of a merger of two elements: (1) Seceders from the Socialist Labor Party, like Morris Hillquit, who split away in 1899 largely because of the S. L. P.'s uncompromising endeavors to revolutionize the trades unions ; (2) the Social Democratic Party of Wisconsin, a purely middle-class liberal party tinged with socialism, of which Victor L. Berger was representative. The Socialist Labor Party, organized definitely In 1890, acted on the basis of the uncompromising proletarian class struggle. Appearing at a period when class relations were still In state of flux, when the ideology of independence, created by the free lands of the West, still persisted among the workers, the Socialist Labor Party emphasized the class struggle and the class character of the proletarian movement. Realizing the peculiar problems of the American movement, the Socialist Labor Party Initiated a consistent campaign for revo- lutionary unionism and against the dominant craft unionism of the American Federation of Labor, which, representing the skilled workers — " aristocracy of labor " — sabotaged every radical Impulse of the working class. The S. L. P. was a party of revolutionary socialism, against which opportunist elements revolted. The Spanish-American War was an immature expression of American im- perialism. Initiated by the requirements of monopolistic capitalism. A move- ment of protest developed in the middle class which, uniting with the previous impulses of petty bourgeois and agrarian radicalism, expressed itself In a campaign of anti-lmperlalism. There was a general revival of the Ideology of liberal democracy. The Socialist Party expressed one phase of this liberal development; it adopted fundamentally a nonelass policy, directing Its appeal to the middle class, to the farmers, to every temporary sentiment of discontent, for a program of Government ownership of the trusts. The Socialist Party particularly discouraged all action for revolutionary unionism, becoming a bulwark of the Gomperized American Federation of Labor and its reactionary officials, " the labor lieutenants of the capitalist class." The typical party of opportunist socialism considered strikes and unions as of minor and transitory SEDITIOK. 85 importance, instead of developing their revolutionary implications ; parlia- mentarism was considered the important, thing, legislative reforms and the use of the bourgeois state the means equally for waging the class struggle and for establishing the Socialist' Republic. The Socialist Party was essentially a party of State capitalism, an expression of the dominant moderate socialism of the old international.- But industrial concentration proceeded feverishly, developing monopoly and the typical conditions of imperialism. Congress— parliametarism — assumed an aspect of futility as Imperialism developed and the Federal Government be- came a centralized autocracy. The industrial proletariat, expropriated of skill by the machine process and concentrated in the basic industry, initiated new means of struggle. The general conditions of imperialistic capitalism developed new tactical concepts — mass action in Europe and industrial union- Ism In the United States, the necessity for extraparliamentary means to con- quer the power of the State. The old craft unionism was more and more incapable of struggling success- fully against concentrated capitalism. Out of this general situation arose the Industrial Workers of the World, organized in 1905 — an event of the greatest revolutionary importance. The I. W. W. indicted craft unionism as reaction- ary and not in accord with the concentration of industry, which wipes out differences of skill and craft. The I. W. W. urged indtistrial unionism; that is to say, a unionism organized according to industrial division ; all workers in one industry, regardless of particular crafts, to unite in one union ; and all industrial unions to unite in the general organization, thereby paralleling the industrial structure of modern capitalism. Industrial unionism was urged not simply for the imediate struggle of the workers, but as the revolutionary means for the- workers to assume control of industry. Previous movements of revolutionary unionism, such as the Socialist Trades and Labor Alliance and the American Labor Union, united In the I. W. W. The Socilist Labor Party was a vital factor in the organization 6t the I. W. W., Daniel De Leon formulating the theoretical concepts of Industrial unionism. Industrial unionism and the conception of overthrowing the parliamentary state, substituting it with an industrial administration based upon the Industrial unions, was related by De Leon to the general theory of Jlarxlsm. The Socialist Party repeatedly rejected resolutions Indorsing the I. W. W. and industrial unionism, although supijorting I. W. W. strikes by money and publicity. The Socialist Party supported the A. F. of L. and craft unionism, rejecting the revolutionary implications of industrial unionism — the necessity of extraparliamentary action to conquer the power of the State. After the panic of 1907, there was an awakening of the American prole- tariat. New and more proletarian elements joined the Socialist Party. Indus- trial unionism developed an enormous impetus, and violent tactical disputes arose In the party, particularly In the Northwest, where the new unionism was a vital factor. These disputes came to a climax at the Socialist Party conven- tion of 1912. The tactical issue of industrial unionism was comprised in the problem of whether parliamentarism alone constituted political action, whether parliametarism alone could accomplish the revolution or whether extraparlia- mentary means were Indispensable for the conquest of political power. The Socialist Party convention, by a large majority, emasculated the Marxian con- ception of political action, limiting it to parliamentarism ; an amendment to the party constitution defined political action as " participation in elections for public office and practical legislative and admnlstrative work along the lines of the Socialist Party platform." That year the Socialist Party, by means of a petty bourgeois liberal campaign, polled more than 900,000 votes for its presidential candidate, but the thousands of militant proletarians seceded from the party in disgust at the rejection of revolutionary industrial unionism, while William D. Haywood, representative of the industralists in the party, was recalled' on referendum vote as a member of the national executive committee. The organization of the Progressive Party in 1912 made " progressivism " a political issue. The Socialist Party adapted itself to this "progressivism." But this progressivism was the last flickering expression of radical democracy ; Theodore Roosevelt harnessed progressivism to imperialism and State capital- ism. A new social alignment arose, requiring new Socialist tactics. 2. THE WAK, THE SOCIALIST PARTT, AND THE BOLSHEVIK REVOLUTION. After 1912 the party officially proceeded on its peaceful, petty, bourgeois way. Then — the war, and the collapse of the International. The official rep- resentatives of the Socialist Party either justified the betrayal of socialism in 86 SEDITION. Europe, or else were acquiescently silent while issuing liberal appeals to " humanity."' As the war continued and the betrayal of socialism became more appjirerir, and particularly as the American comrades learned of the revolutionary minority elements in the European movement, there was a revolutionary awakening in the Socialist Party, strengthened by new accessions of proletarian elements to the party. The first organized expression of this awakening was the forma- tion of the Socialist Propaganda League, in Boston, in 1916, issuing a weekly organ which afterwards became The New International, with Louis C. Fraina as editor and S. J. Rutgers as associate. The league emphasized the necessity of new proletarian tactics in the epoch of Imperialism. In April, 1917, was started The Class Struggle, a magazine devoted to international socialism. In the State of Michigan the antireformists captured the Socialist Party and carried on a nonreformist agitation, particularly in The Prole- tarian. The enormous exports of war munitions, the development of large reserves of surplus capital, and the assumption of a position of world power financially by American capitalism forced the United States into the war. There was an Immediate revolutionary upsurge in the Socialist Party. The St. Louis convention of the party, in April, 1917, adopted a militant declaration against the war, forced upon a reluctant bureaucracy by the revolutionary member- ship.' But this bureaucracy sabotaged the declaration. It adopted a policy of petty bourgeois pacifism, uniting with the liberal People's Council, which subsequently accepted President Wilson's " 14 points " as its own program. Moreover, there was a minority on the national executive committee in favor of the war ; in August, 1918, the vote in the N. B. C. stood 4 to 4 on repudia- tion of the St. Louis declaration. The Socialist Party's only representative in Congress, Meyer London, openly supported the war, and flouted the party's declaration against the war ; but he was neither disciplined nor expelled : in fact, secured a renomination. Morris Hillquit accepted the declaration aginst the war, but converted it into bourgeois pacifism', being a prominent member of the People's Council. In reply to a question whether, if a Member of Con- gress, he- would have voted in iavor of war, Hillquit answered (The New Republic. Dec. 1, 1917: "If I had believed that our participation would shorten the World War and force a better, more democratic and more durable peace, I should have favored the measure, regardless of the cost and sacrifices of America. My opposition to our entry into the war was based upon the conviction that it would prolong the disastrous confiict without com- pensating gains to humanity." This was a complete abandonment of the class struggle and the Socialist conception of war. The war was a test of the Socialist Party, and proved it officially a party of vicious centrism. The Russian revolution was another test of the party. Officially, the So- cialist Party was for the Menshevik policy ami enthusiastic about Kerensky ; while the New York Call, Socialist Party daily newspaper in New York City, editorially characterized Comrade Lenin and the Bolsheviki. in June, 1917, as " anarchists." The party officially was silent about the November revolu- tion ; it was silent about the Soviet Government's proposal for an armistice on all fronts, although the national executive committee of the party met in December and should have acted vigorously, mobilizing the party for the armi- stice. But the revolutionary membership responded, its enthusiasm for the Bolsheviki revolution being magnificent. This enthusiasm forced the party representatives to speak in favor of the Bolsheviki, but always in general terms capable of " interpretation." After the Brest-Litovsk peace there was a senti- ment among the party representatives for war against Germany " to save the Russian Revolution." The Socialist Party carried on an active campaign against intervention in ■Russia. However, this campaign did not emphasize the revolutionary impli- cations of the situation in Russia, as making mandatory the reconstruction of the Socialist movement. A campaign against intervention must proceed as a phase of the general campaign to develop revolutionary proletarian action. 3 THE LEFT WING DEVELOPS. During 1918 the Socialist Party was in ferment. The membership was moi-e and more coming to think in revolutionary terms. Then came the armistic" and the German revolution. The response was immediate. On November 7, 1918, a Communist propaganda league was organized in Chicago. On Novem- .SEDITIOM". 87 ber 9 local Boston, Socialist Party, started to issue an agitational paper, The llevolutionary Age. This paper immediately issued a call to the party for the adoption of revolutionary communist tactics, emphasizing that the emer- gence of the proletariat into the epoch of the world revolution made absolutely imperative the reconstruction of socialism. In. New York City in February, 1919, there was organized the left wing section of the Socialist Party. Its left wing manifesto and program was adopted by local after local 'of the Socialist Party, the left wing acquiring a definite expression. The left wing secured the . immediate adhesion of the Lettish, Russian, Lithuanian, Polish, Ukrainian, South Slavic, Hungarian, and Esthonian federations of the party, representing about 25.000 members. The official organs of the federations did splendid work for the left wing. In January, 1919, the national executive committee of the Socialist Party decided to send delegates to the Bern congress of the great betrayal. This action was characteristic of the social patriot and centrist bent of "the party administration. There was an immediate protest from the membership, the left wing using the Bern congress as again emphasizing the necessity for the revolutionary reconstruction of socialism. In March we received a copy of the call issued by the Communist Party of Russia for an international congress to organize a new international. The Revolutionary Age was the first to print the call, yielding it immediate adhesion; while the left wing section of New York City transmitted credentails to S, J. Rutgers to represent it at the con- gress. Local Boston initiated a motion for a referendum to affiliate the party with the third international ; this was thrown out by the national administra- tion of the party on a technicality ; but after much delay another Weal suc- ceeded in securing a referendum. (The vote was overwhelmingly in favor of the third international.) The left wing was now, although still without a definite organization, a for- midable power in the Socialist Party. Previously all. revolts in the party were isolated or consisted purely of theoretical criticism ; now there was this theoret- ical criticism united with a developing organization expression. There was not as yet any general conception of the organization of a new party ; it was a struggle for power within the Socialist Party. About this time the call for the new Socialist Party elections was issued. The left wing decided upon its own candidates. The elections constituted an overwhelming victory for the left wing. The national administration of the Socialist Party, realizing the impending disaster, decided upon desperate meas- ures. Branch after branch and local after local of the party, which had adopted the left wing manifesto and program, was expelled. Morris Hillquit issued a declaration that the breach in the party had become irreconcilable, and that the only solution was to split, each faction organizing its own partj. At first the expulsions were on a small scale ; then, the danger becoming more acute, the national administration of the party acted. The national executive committee met in May determined to " purge " the party of the left wing. The N. B. C. was brutal and direct In its means ; it refused to recognize the results of the elections, declaring them illegal because of " frauds." It issued a call for an emergency national convention on August 30, which was to decide the validity of the elections, meanwhile appointing, an " invest! t'ating committep." But in' order to insure that the convention would "act right." the N. E. C'. sus- pended from the party the Russian Ukrainian, Polish, Hungarian, South Slavic, Lettish, and Lithuanian federations, and the Socialistic Party of Michigan State. In all, the N. E. C. suspended 40,000 members from the party — a delib- erate, brazen move to control the election of delegates to the convention. The charge of "fraud" was an easily detected camouflage. The elections were so overwhelmingly in favor of the left wing candidates as to prove the charge of fraud Itself a fraud. For international delegates the vote was (ex- chiding thi-ee States, where the returns were suppres.sed, but which wouJd not alter the results), left wing candidates: John Reed, 17,235; Louis C. Fraina, 14124; C E. Ruthenberg, 10.773; A. Wagenknecht, 10,650; I. E. Ferguson, 6490 Right Ving candidates: Victor L. Berger. 4,871; Seymour Stedman, 4729 ■ Adolph Germer, 4,622 ; Oscar Ameringer, 3,184 ; J. L. Engdahl. 3,510 ; John'M. Work, 2,664; A. I. ShlplacofE, 2,346; James Oneal, 1,895; Algernon Lee 1858 Louis B. Boudln, who was prowar and o gainst the Bolshevik Revolution, secured 1,537 votes. The Left Wing elected 12 out of 15 mem- bers of the national executive committee. The moderates who had been domi- nant in the Socialist Party were overwhelmingly repudiated. Kate Richards O'Hai-e (supported by the Left Wing, although not its candidate) defeated Hillquit for International Secretary, 13,262 to 4,775. 88 SEDITION. The N. E. C, after these desperate acts and after refusing to make public the vote on the referendum to affiliate with the Communist International, decided to retain office until the convention of August 30, although constitu- tionally it should have retired on June 30. The issue was now definite. .No compromise was conceivable. Events were directly making for a split and the organization of a new party. The old guard was concerned with retaining control of the Socialist Party organiza- tion, even if minus the bulk of the membership ; the Left Wing was concerned with the principles and tactics. 5. THE NATIONAL LEFT WING CONFERENCE AND AFTER. Just prior to the session of the national executive committee, Local Boston, Local Cleveland and the Left Wing Section of the Socialist Party of New York City, issued a call for a National Left Wing conference, which met in New York City on June 21. The conference was composed of 94 delegates representing 20 States, and coming overwhelmingly from the large industrial centers, the heart of the militant proletarian movement. There was a difference of opinion in the conference as to whether a Com- munist Party should be organized immediately, or whether the struggle should be carried on within the Socialist Party until the emergency convention August 80. The proposal to organize a new party immediately was defeated, 55 to 38. Thereupon 31 delegates, consisting mostly of the federation com- rades and the delegates of the Socialist Party of Michigan, determined to withdraw from the conference. The majority in the conference decided to participate in the Socialist Party emergency convention, all expelled and suspended locals to send contesting delegates ; but issued a call for a con- vention September 1 " of all revolutionary elements " to organize a Communist Party together with delegates seceding from the Socialist Party convention. One important thing was accomplished by the Left Wing conference — it made definite the issue of a new party which until that moment was very indefinite. The minority in the conference emphasized the inexorable necessity for the or- ganization of a new party. This was in the minds of practically aU, but it now became a definite conviction. There were centrists in the conference who still felt that the old party could be captured, who recoiled from a split, and these voted with the majority to go to the Socialist Party convention ; but the majority in the majority was convinced of the necessity for a new party, dif- fering with the minority of 31 simply on the right procedure to pursue. After the conference the minority of 31 issued a call for a convention on September 1 to organize a communist party, repudiating all participation in the Socialist Party convention. In the course of its development the Left Wing, while communist In Its im- pulse, had attracted elements not all communist. There were conscious cen- trists, comrades v?ho had for years been waging a struggle for administration control of the party and comrades who were disgusted with the gangster tactics pursued by the old guard in control of the party administration. The situa- tion now began to clarify itself — Right Wing, Center, Left Wing. The important factor in this situation was the division In the organized Left Wing— the national council, elected by the Left Wing conference, and the minority which had organized a national organization committee and issued its own call for a Communist Party convention. This constituted more than a split in the Left Wing. It was a split of the conscious communist elements in the Left Wing. This division, if persisted In, meant disaster. Unity was neces- sary — not simply organization unity, which at particular moments must be dis- pensed with, but revolutionary unity. This unity was accomplished by agree- ment for thp merger of the two factions on the basis of a joint call for a Communist Party convention on September 1. The overwhelming majority of the organizations and' delegates represented at the Left Wing conference accepted the joint call. The Left Wing had found itself, unified itself, determined upo"ft the organi- zation of a real Communist Party. 5. THE CONVENTIONS AND REVOLUTIONARY RECONSTRUCTION. The Socialist Party convention met on August 30. The repudiated nationaT executive committee manipulated the roster of delegates to Insure Right Wing control, dozens of delegates suspected of sympathy for the Left Wing being con- SEDITION. 89> tested and refused admission to tlie convention. The police was used against these delegates — an indication of the potential Noske-Scheidemann character of the old guard of the Socialist Party. The Left Wing was stigmatized as anarchistic, as consisting of foreigners, as an expression of emotional hysteria. The Socialist Party convention was ruthlessly dominated by the Right Wing,, which used the camouflage of greetings to Soviet Russia and words about the " revolution." It did not adopt a new program in accord with the new tactical requirements of socialism, avoiding all fundamental problems. The Socialist Party convention adopted a resolution calling for an " international congress "■ to organize the " Third International," to include the Communist Party of Russia and of Germany, but ignoring the existing Communist International ! A minor- ity resolution to affiliate with the Communist International was decisively de- feated. The two resolutions are submitted to referendum vote. (There is a group still in the Socialist Party styling itself " Left Wing " which is unscrupu- lously trying to garner sentiment for the Communist International to revitalize- the old party. ) The Socialist Party now represents about 25,000 members. The delegates refused admission to the Socialist Party convention proceeded to organize their own convention, the first act of which was to proclaim itself the "legal convention" of the Socialist Party — a beautiful centrist twist I These delegates organized themselves as the Communist Labor Party. This was- on Sunday, August 31. On Monday the Coriimunist Party convention met, with 140 delegates, repre- senting approximately 58,000 members. A committee of five from the " left wing " convention met with a committee of the Communist Party to discuss unity. The Cpmrnunist Labor Party offered unity " on a basis of equality " — that is, to combine the two conventions as units, delegate for delegate. This the Communist Party rejected. The dele- gates in the Communist Labor Party convention were a peculiar mixture, some of them openly repudiating the left wing principles and tactics, others noto- rious centrists. The Communist Party committee proposed that all delegates at the Communist Labor convention having instructions to participate In the Com- munist Party convention (about 20) should come in as regular delegates, while delegates whose organizations had adopted the left wing manifesto and program but who were not instructed to organize a Communist Party (about 20) would be admitted as fraternal .delegates. The other delegates, representing an un- known consftituency or no membership at all, who were slmpiy disgruntled at the old guard for its gangster tacticg, could not be allowed to participate in thfr organization of a Communist Party. The Communist Labor Party convention refused this offer and proceeded to organize a permanent party. The delegates organizing the Communist Labor Party represented not • more than 10,000 members, many of whom are now joining the Communist Party. This third party adventure was the result of a number of factors — personal; politics, centrism, and the fact that communist elements from- the Western States had not been in close touch with the more rapid developments in the- East. Having consciously organized a third party, the Communist Labor Party is now making " unity " its major campaign. The former left wing organizations are almost entirely accepting the Communist Party, achieving unity through membership action. One word more : The Communist Labor Pal-ty speaks much of " an American communist movement " and fights our party on the issue of " federation control." This is malicious. There has been one disagreement with the federation comrades. Concerning this, it might be said that the federation comrades may have been too precipitate and the American comrades too hesi- tant But the federation comrades have worked earnestly for an uncompromis- ing Communist Party. In any event, if the federations offer any problem, it is a problem of internal party struggle and action. The sincerity of the federa- tion comrades, all other considerations aside, is attested by their yielding administrative power to the nonfederation comrades. The Communist Party manifesto is a consistent formulation of communist fundamentals ; its program a realistic application of these fundamentals to the immediate problems of the poletarian struggle; its constitution based upon rigorous party centralization and discipline, without which a Communist Party builds upon sand. 6. THE GENEEAI, SITtJATION. The Communist Party appears at a moment of profound proletarian unrest. There has been strike after strike, developing larger and more aggressive char- 90 SEDITION. acter. There is now a strike of more than 300,000 workers in the steel Industry, a really terrific portent to American capitalism. There is a revolutionary upsurge in the old unions ; the longshoremen of Seattle have just refused to allow munitions for Kolchak & Co. to be transr ported. There is a strong sentiment In favor of the Russian Soviet Republic. In the unions the workers are becoming conscious of the reactionary character of their officials, and movements of protest and a sentiment for industrial unionism are developing. But the American Federation of Labor, as a whole, is hopelessly reactionary. At its recent convention of the A. F. of L. approved the Versailles peace treaty annd the League of Nations, and refused to declare its soldidarity with Soviet Russia. It did not even protest the blockade of Russia and Hungary. This convention, moreover, did all in its power to break radical unions. The A. F. of L. is united with the government, securing a privileged status in the govern- ing system of State capitalism. A labor party is being organized — much more conservative than the British Labor Party. The Industrial Workers of the World is waging an aggressive campaign of organization. It has decided to affiliate with the Communist International ; but Its pl-ess and spokesmen show no understanding of communist tactics. The I. W. W. still clings to its old concepts of organizing all the workers Indus- trially, gradually " growing into " the new society, as the only means of achiev- ing the revolution — a conception as Utopian as that of the moderate socialist, who proposes to " grow Into " • socialism by transforming the bourgeois state. The Communist Party Indorses the I. W. W. as a revolutionary mass movement, while criticizing its theoretical shortcomings. Imperialism Is now consciously dominant In the United States. In his recent tour for the League of Nations President Wilson threw off the mask and spoke In plain Imperialistic terms, emphasizing the absolute necessity of crushing Soviet Russia. Congress drifts, and is Impotent. The Government, Federal and local, Is adopting the most repressive measures against the proletariat. Armed force, martial law, and military invasion are used against strikes. State after State has adopted " criminal syndicalism " measures, making almost any advocacy of militant proletarian tactics a crime. On the least pretext agi- tators are arrested. Deportations occur almost dally ; one of our international delegates, A. Stoklltsky, is now under trial for deportation. American Imperialism is usurping world power, constituting the very heart of international reaction. Reaction in Europe and the campaign against Soviet Russia are supported morally and financially by "our" government. An enormous agitation Is being waged for military Intervention in Mexico. The American capitalist class Is brutal, unscrupulous, powerful ; It controls enor- mous reserves of financial, Industrial, and military power ; it is determined to use this power to conquer world supremacy and to crush the revolutionary proletariat. The Communist Party realizes the immensity of Its task ; it realizes that the final struggle of the Communist proletariat will be waged in the United States, our conquest of power alone assuring the world Soviet Republic. Realizing all this, the Communist Party prepares for the struggle. Long live the Communist International ! Ijong live the world revolution ! APPLICATION FOR MEMBERSHIP COMMUNIST PARTY OF AMERICA. The undersigned, after having read the constitution and program of the Communisht Party, declares his adherence to the principles and tactics of the party and the Communist International ; agrees to submit to the discipline of the party as stated in its consitution and pledges himself to engage activelv in its work. ■' Name_^ Occupation Address City ~ " AVhere employed ~ ~ ~ Indorsed by IIIIII Application must be indorsed by two members in good standing. SEDITION. 91 [Reverse side.] BBCORD. >'ame of branch Xaiue of local , Article 3, section o of Communist Party constitution provides: Application for membership shall not be finally acted upon until two months after presentation to the branch, and in the meantime applicant shall pay ini- tiation fee and dues and shall attend meetings and classes. He shall have a voice and no vote. Provided that this rule shall not apply to the charter mem- bers of new branches nor to the members who make application to newly or- ganized branches during the first month. Application presented to branch i Application approved by branch Sec. Address _ •_ Approved by city central committee. ^ Signed Jl Sec. Address , Communist Party of America, Affiliated With the Communist Intebnational. State liOcal __ _ _ Branch Xanie membership card. Address Admitted , 19 No. Pnp-A Address -^ 1 Secretary. Issued by authority of the Central Executive Committee Communist Party. TRAR19 YEAE19 Jan. Feb. Mar. AprU Jan. Feb. Mar. April May June July Aug. May June July Aug. Sept. Oct.- Nov. Deo. Sept. Oct. Nov. Dec. YEAK19 SPECIAL STAMPS. Jan. Feb. Mar. April May Jane July Aug. Sept. Oct. Nov. Dec. 92 SEDITION. TRANSFER RECORD. Date admitted Date withdrawn. Local Branch Secretary Date admitted Date withdrawn- Local Branch Secretary Date admitted Date withdrawn- Local Branch Secretary Date admitted Date withdrawn- Local . Branch Secretary THE CAPITALISTS CHALLENGE TOU, WORKINGMEN. Proclamation of the Communist Party of America : Martial law has been declared in Gary, Ind. Soldiers of the Regular Army, soldiers who have seen service overseas. Who have waded through the blood of their fellows on the battlefields of Europe, as the capitalist press is gloatingly declaring, are now in central. The army of occupation entered Gary fully equipped. Automatic rifles, hand grenades, machine guns, and heavier cannon, cannon that can clear 2 miles of a city street in a few minutes, as the officer in charge said — these are ready for use In Gary. And the soldiers wear trench helmets made by the workers of Gary ! Why are these soldiers there, worklngmen of the United States? What has happened in the city of steel that requires this murderous equipment for the destruction of human lives? The worklngmen of Gary are engaged in a struggle against the capitalists. They have suffered long. Low wages, longe hours of exhausting work In the heat of the steel ovens, life-sapping toll with no time for home life, this has been their lot. At last they revolted. Risking suffering and hunger, risking the assault of the brutal bullets of the Steel Trust, who do not s_top even at murder, tbey resorted to the strike to make their masters lighten the conditions of their toll. They organized their power and united dared challenge to a test of strength the industrial octupus which dominates the steel industry. Gary is the city of steel. It was built by the order of the Steel Trust. The influence and control of the Steel Trust extends to every nook and corner of the life of the city. Its spies are everywhere. The local government Is its tool and expresses its will. This Steel Trust municipal government forbade the worklngmen to show their solidarity by parades and public meetings. It hoped by keeping the workers ^part to break their spirit, to give encouragement to the few scabs who were working. For two weeks the workers submitted. They permitted the Steel Trust gov- ernment to trample underfoot the democratic rights which they had been so often assured were the heritage of the people of this country. They let the industrial masters demonstrate clearly that not " democracy " but iron-fisted autocracy was, for the workers, the ?iftermath of the war. Then these workers broke into spontanoeus protest. The mayor, the steel trust tool, had forbidden them to meet in public. He had forbidden them to parade through the streets. But they would meet and would parade. SEDITI03S". 93 They formed in line with 500 uniformed men, strils:ers all, at the head of the line, and marched through the heart of the city. This mass action of the worliers won. Their mass power conquered. The orders of the mayor became mere rags of paper. Ten thousand workers jnarched through the heart of the city and in place of upholding the orders of the mayor, the militia and police cleared the way for the strikers — ^became their servants because they were showing their power. But capitalism was not done. The Steel Trust does not only have at Its beck and call of the power of the local government, but the National Govern- ment-, the State, is equally its servant. The workers had won the first skirmish through their mass power. They must be taught a lesson. They must be cowed and thrown back into their former position of abject slaves. The orders went forth. Soon the long line of truck-loads of regular soldiers were on their way to Gary. The men whom the workers had been told a short jear ago were fighting their battle for democracy upon the blood-stained fields of Europe, and whom they had been urged to support by giving the last of their strength to the work of production, these men were coming to teach them ^' democracy." And with tliem came their instruments of murder, their automatic rifles, their machine guns, the cannon that could clear a street two miles long in a few minutes, and the helmets that the workers of Gary had produced. Gary was to be shown how the Czar and Kaiser treated rebellious workingmen. The National Government, the capitalist State, had stepped in. The Steel Trust was in danger of being beaten. It might have to submit before the power of the workers. To save itself it brought into the field the instrument forged by the capitalists to uphold their system of exploitation and oppression, the State, which in spite of all of its democratic pretensions, is but tl;ie physi- cal expression of the dictatorship of the capitalist class. Working men of the United States, the capitalists are challenging you ! They are demonstrating before your very eyes, that the governmental power is theirs, for use against you when you dare strike against the enslavement which they force upon you. The homes of the workingmen of Gary are being raided, their meetings for- bidden, their literature confiscated by the military rggime which controls Gary. Martial law is supreme. The instruments to destroy the lives of the workers are ready. Are you, workingmen of this country, going to submit meekly to the use of military invasion and force to break your strikes? Shall the iron heel rule unchallenged? This is the hour to rouse the workers. Gather in great mtiss meetings. Bring to the attention of the unenlightened workers the meaning of martial law at Gary. Show them that it is not enough to strike against low wages and bad working conditions but that the strike must be directed against capitalism. The workers must capture the power of the State. They must wrest from the capitalists the means through which the capitalists' rule is maintained. The answer to the dictatorship of the capitalists is the dictatorship of the workers. YOUB SHOP. It Should be vour shop (or your factory, your store, your mill, your mine, or your railroad), yours to work in, yours to produce in, yours to manage with the help of your fellow workers. You spend most of your waking hours in the shop. The conditions under which you work and produce determine your life, your happiness. If you and your fellow workers controlled the shop, determined the hours of labor, the working conditions, and apportioned the rewards for the services rendered you would be able to create the conditions that would bring happiness to you You would so arrange your work that you would not have your life sapped by long hours and bad working conditions, and so that the wealth you produced would be yours, youfs to secure the enjoyment of good food, good clothing, a good home and tljg opportunity for education and healthy recreation. There is enough wealth produced to give these things to all who work. But the capitalists own the shops that should be yours. The capitahsts make 94 SEDITIOBT. you work long hours under bad working conditions; they take from you as their profit the lion's share of what you produce. They will do that as long as they own and control the shop. There is no hope as long as the shop is not yours. * tj ■. Workingmen everywhere are learning this. The woi'kingmen of Ku.ssia have shown the way. In Russia the shops, as well as all other means ot pro- duction and distribution, belong to the workers. The Russian Workers organized their power. They created shop committees in every plant and united these in workers' councils. Thus they built up the means for united action. When the crisis came they were prepared to use their mass power. Before their mass power the government of the capitalists and land owners broke up and disappeared. The workers' councils became the organs of the working-class government. The workers controlled the state power,, the police, the army. Having taken from the capitalists the governmental power through which the capitalists maintain their control of the shop and the exploitation and oppression of the workers, the workers took control of the shops. The shop committees they elected took over the management. They told the capitalist.* that their days as autocrats, czars, and kaisers of industry were over. They told them there would be no more robbery of the workers through paying them for only a part of what they produced. They told them that the shops now belonged to all the workers and that they, the capitalists, would have to go work for a living. And in Russia the workers are building the society that means happiness, for all, in spite of all the efforts of the capitalists of the world to overthrow their government and strike (lovnx their new economic system. The workers everywhere are growing more and more dissatisfied with the capitalists' control of the shop in which they work and spend most of their lives. That is the meaning of the great strikes in England and of the great industrial struggles in this country. But the workers mu.st organize to secure control of the shops. The first step is to organize a shop committee in the shop in which you work. Bring together all the enlightened workers who are ready to participate in the struggle to win control of the shop. Organize them in a Communist Party shop branch. This committee will cari-y on the work of agitation and education among the other workers. It will collect funds and secure papers and pamphlets for distribution in i:he shop. The work of the committee will be to- unite all the workers in the shop in a shop organization ; machinists, carpenters, shipping clerks, workers of every trade, all must unite in the one workers' organization in their shop. Workers, you must build up the organs of working-clas.s power if you are to win your freedom. The shop organization is the basis for the organization of the mass power of the workers. Prepare to take control of your shop, of your work, of your lives and happiness. Organize and make it your shop. [This is propaganda leaflet No. 3, issued by the communist party of America. 1219 Blue Island Avenue, Chicago, 111.1 THE STATE — STRIKE BREAKER. Proclamation by the Communist Party of America : Workers, you have been told that the Government of the United States is a government " of the people, by the people, and for the people." The communists have told you that it is a government " of the capitalists, by the capitalirts, and for the capitalists." The proof is before you. The representatives of more than a half million coal miners met in conven- tion in September. They discussed the wages and working conditions in the coal-mining industry. They found that the capitalists who owned the coal mines were making greater profits than ever, but that the increased cost of living had so reduced the buying power of the wages of the workers that they were barely getting enough for an existence. The work of the miners is of a dangerous character. How often have you not read of the mine disasters which snuff out the lives of hundreds of min- ers, disasters which are due to the fact that the capitalists, in their greed for SEDITION^ 95 profits, refused to spend the money nece sary to safeguard the lives of the workers? The work of the miners is health-destroying. They work down in the dark places under the earth, among dangerous gases, where there Is no llfe-givmg air and sunshine. The miner.'^ said that there were enough miners to produce enough coal to supply all the needs of the country, if they were employed regularly, workin"- 30 hours per week, in place of being kept idle part of the time. They said a 30-hour week in the dangerous, health-destroying places under the earth was enough. They demanded a 30-hour week. The' miners are strongly organized. Air the workers in and about the mines are in the miners' union. . The workers are not divided into crafts, but united in one industrial organization. They have power to enforce their demands upon the capitalists. They made their demands upon the coal-mine owners. These capitalists standing alone, had no power to resist the demands of the workers. The workers could close the mines and prevent capitalists from making profits If they were sufficiently conscious of the way to free themselves from ex- ploitation, they could even take over the mine-i and operate them, without paying profits to the capitalists. But the capitalists have a weapon which they have forged to keep the work- ers in submission. The capitalists called in the Gtovernment — the state. All the power of the Government was mobilized to prevent the miners from securing wages that will enable them to live and the working hours which should prevail in the mining industry. The President of the United States denounced the strike as " illegal." He threatened the miners with the power of the Government of the United States if they insisted upon compelling the capitalists to grant their demands by going on strike. The Government has already secured an injunction to prevent the miners from using their own funds and the power of their organization to sup- port the strike. The Government of the United States, through its injunction, is seeking t& starve the wives and children of the miners by preventing their organization from paying strike benefits. All the legal machinery of the Government is being used against the miners, and the Army, the soldiers, with their death- dealing instruments, are ready to prevent the miners from securing a living wage and the hours that should prevail in the mining industry. The State has stepped in. This it did in the steel strike. This it threatens to do if there is a railroad strike. The. State does not coerce the capitalists ; it does not tell the capitalists they must yield to the demands of the miners in order to prevent the stoppage of the mining of coal. The State never coerces the capitalists ; its legal machinery is never directed against the capitalist (except occasionally against minor groups or Individuals in the interest of the whole capitalist class). Its army is never used to destroy the lives of the capitalists. The State coerces the workers. Its legal machinery is used to enforce the demands upon the workers. Its army is used to destroy the lives of the^ workers who dare demand a living wage and a little more sunshine and fresh air. Workers rally to the support of the miners. The capitalists are playing to establish an industrial slavery in which their rule will be even greater than in the past. To make strikes "illegal" and crush them with the power of the State Is the first move. The Government of the United States, which some workers have been fooled into believing is a Government " of the people, by the people, and for the people " in in reality the Government " of the capitalists, by the capitalists,, and for the capitalists." It is the instruipent through which industrial slavery is maintained. The workers can not win their freedom, they can not win even a living wage and a little more sunshine and fresh air, while the capitalists control the power of the State. The workers must conquer that power. . They must make themselves the ruling class. They must establish in the place of the dictatorship of the capital- ists the dictatorship of the proletariat. Workers, rally to the support of the miners. Make their strike general. Unite for the struggle against industrial slavery. Take from tbe capitalists the power through which they seek to Increase your slavery. '96 ■ SEDITION. To THE WOKKEKS OF THE WORLD. DECtABATION OF THE COMMUNIST INTEBNATIONAL AGAINST THE VEKSAItLES PEACE. The Governments which began the war of plunder five years ago are making an effort to end it now with a predatory peace. The English, French, and American capitalists represented in Versailles have given to representatives •of the German capitalists the so-called peace terms. Versailles becomes a new Brest-Lito^'sk. Each one of the pojtots of the Versailles peace is a noose to rlminals, as the worst kind of slave drivers, showing mercy to none. The fairy tale of the League of Nations is dying without having had a chance to flourish. After the Versailles peace terms it will be very difficult to catch many workers with the bait of the League of Nations. The League of Nations at whose cradle stands Clemenceau, the butcher, is unmasked before the whole world as a league of murderers, who are nailing to the cross the millions of the laboring masses of Europe. The Versailles peace, with all its weight, Is first of all laid upon the work- ing class of Germany. If the Versailles peace should work at all, It would mean that the working class of Germany ^ould be forced to moan under a double pressure of both its own bourgeois and the slave drivers of the other nations. SEDITION". 97 t^onal, the sympathy ot the conscious workers of the whole world, Is with the ?hP VPr Ji'Iiir"*^ '''"f ■ '^^^ "■'"■^«'- ^o»»""°lsts of all countries will take 12 ^'^^^'"^^ P®"*^*^ 'f ™s as a blow to the international proletariat, as an of all eountri^^" ^^^ ''°'''" "'^ ""^ combined strength of the proletariat The present German Government, which in words protests against the' Ver- sailles peace, in fact aids the Imperialists of the allied powers to realize their hellish purposes in relation to the German working class. The executioner Clemenceau has no truer servants in Germany than Scheidemann and Ebert The Scheidemann and Ebert party from the first moment of the German revolu- tion humbly danc^ed to the tune of the imperialists of the allied powers. Under the direction of Cleiienoeau, Scheidemann and Ebert sent White Guard armies against Soviet Russia. In order to satisfy the imperialists of the allied powers the Social Democrats under the leadership of Ebert and Scheidemann killed Carl Liebknecht and Rosa Luxemburg and with fire and guns crushed the great movement of the German workers to realize soviet power. Fulfilling the direc- tions of the London and Paris exchanges, the government of Scheidemann has killed already not less than 10,000 worker Communists of Germany Each time when the wave of the workers' movement in Germany rose especfally high, prepared to wash away the government of traitor Social Democrats Scheidemann and Ebert threatened the starved workers that if soviet power should come to Germany the Allies would refuse to give bread to German people. The central committee of the Scheidemann isociai uemoernnc ^-drty in us appeal in connection with the Versailles peace, maintains that the Versailles "lesson" is the "best evidence of the correct position of the German social democracy on the question of defending the fatherland." " Socialists of all lands, do you understand at last our wav of acting at the time of war ? " asks Scheidemann in his appeal. Oh, hypocrites ! Oh, cynics ! Two robbers in 1914 fell on the same prey. One of the robbers proved the- more successful. This criminal not only grabbed the whole prey which his competitor wanted, but went Into the pocket of his rival. Then the other thief, made benefactor through want and having on his face the expi-ession of inno- cence, appeals to the world and exclaims. " You see the conduct of my rival has shown the entire righteousness of my tactics. Is it possible that you do not yet understand that we, Scheidemanns, are whiter than the snow of the English mountains? " The Versailles peace terms have proven to all conscious workers something altogether different. The enlightened workers of the whole world fully realize that if the German imperialists had been the victors they would have been as unmerciful to the defeated as their rivals are now to them. And then most likely the Hendersons and Renaudels would use the same lying phrases as now Scheidemann and Noske are using. The Versailles peace terms show us that while imperialism exists in any country, until then force and robbery will also exist. The Versailles peace terms show that imperialism of any coalition Is equally bloodthirsty. No matter how " democratic " the leaves which they use for covering. Imperialism, it remains the incarnation of barbarism and blood lust. The Versailles peace terms have shown us that social patriots of all lands have permanently and forever become the servants of the bourgeois. The Ver- sailles peace terms show how meaningless are the hopes of the sympathizers of . the Berne yellow " International," of Kautsky and his friends, about the dis- armament under capitalism, about the good and beneficent League of Nations under the wing of Wilson. The Versailles peace terms have shown that th^ bourgeois itself left for the workers of all lands only one road — the road of world revolution, the road across the corpse of capitalism. Workers of France ! Workers of England ! Workers of America ! Workers of Italy ! The Communist International appeals to you. Upon you depends the destiny of tens of millions of workers of Austria and Germany. You must say your word now. You must pull out of the bloody hands of your government that murderous knife which they have put over the heads of the German and Austrian workers. You must show that for you the lessons of the five-year war have not been in vain. You must not forget for a moment that the victory of the allied imperialists over the German and Austrian workers means a 16671&— 20 T 98 SEDITIOlSr. victory of the whole world, a victory over socialism. You, more than anybody else, have in your hands the destiny of international socialism. To yon the enlightened workers of the world look. And we are sure that you wiU fulfill your duty, against the advice of your own Scheidemanns. Workers of Germany! Workers of Austria! Now you see that you have no choice other than the immediate overthrow of the government of traitors calling themselves Social-Democrats, and in fact acting as the meanest agents of the bourgeoisie. You see now where politics of the Noske-Scheidemann type brought you. You see that your only hope lies in the international proletarian revolution. But this revolution of the proletariat the Scheidemanns and Eberts are trying in every way to crush. When the Scheidemanns and Eberts call in your name to the international proletariat they wiU meet no answer other than hatred. Those people do not protest by a word against the crushing of Soviet Hungary by the armies of the landowners; those people who near Libau are fighting on the side of the German barons; those people can not count on support from the International proletariat. In your name should speak not Count Brockdorf von Ranzau, not the traitor Landsberg, not the execu- tioners Noske and Scheldemann. While the present German Government IS in power the quarrel between Berlin and Paris will be only between the bourgeoisie of two coalitions. All the power in your country must soon go Into the hands of the workers' Soviets. In your name, workers, communists must begin to talk. Then and only then will you be able to save your country, will you be able to count upon full support from the proletariat of all lands. The time for indecision has passed. Now it is clear to each one of us that it can not be worse, that the government of social traitors has brought you to the edge of the precipice. Workers of Germany and Austria, know that proletarians of other coun- tries will never believe in the German Social-Democracy, that Social-Democracy which did not utter one word of protest at the moment when the Government of Wllhelm HohenzoUern forced upon Soviet Russia the Brest-Lltovsk peace. Workers of Germany and Austria, know that if !e Brest-Lltovsk peace forced upon Russia in 1918 collapsed so soon, it is because the Russian workers and peasants overthrew the government of bourgeoisie and social traitors and took the power into their own hands. Only due to this were they able comparatively quickly to break the Brest-Lltovsk noose. World proletarian revolution — ^this is the only savior for the oppressed workers of the world. Dictatorship of the proletariat and the organizations of soviet power — this is the only escape for the proletariat of the whole world from the Ver- sailles methods. While capitalism exists there can be no real peace. Permanent peace •will be possible only on the ruins of the bourgeois state. Long live, the uprising of the workers against oppression ! Down with the Versailles peace, down with the new Brest-Litovsk ! Down with the govern- ment of social traitors ! Long live soviet power throughout the entire world ! The Executive Committee of the Communist International. G. ZiNOviEV, Chairman. Exhibit L. Status of the Communist Labob Pabty Undee the Act of Congress Ap- pboved octobbb 16, 1918. [Submitted by special assistant to the Attorney General, Dec. 23, 1919.] (a) Federal statute appUcable to the Commwust Labor Party. — The act of Congress approved October 16, 1918, amending the immigration laws of the United States provides among other things that: (1) Aliens who disbelieve in or advocate or teach the overthrow by force or violence of the Government of the United States shall be deported ; (2) aliens who are members of or affiliated with any organization that entertains a belief in, teaches, or advocates the overthrow by force or violence of the Government of the United States shall be deported. SEDITION. 99 (6) The Communist Labor Party Is an organization advocating and teaching the overthrow by force or violence of the Government of the United States and members thereof believe in and advocate and teach the overthrow bv force and violence of the Government of the United States. ♦ (c) IntroducHon.—ln the memorandum brief prepared upon the Communist Party a detailed statement is given concerning the growth of that organization and the steps outlined in the growth of the Communist Party refer also to the Communist Labor Party— for both are the outgrowth of the left wing of the SociaUst Party and the sole difterence existing between the two has arisen principally from international dissensions and desires of certain individuals to direct the energies of the left-wing movement. The purposes and principles of the Communist Labor Party and the Communist Party are practically the same in each instance. At the assembly which met in Chicago in the latter part of August 1919 called by the Socialist Party of America for the purpose of settling, and if pos- sible adjusting the differences existing within its organization, the left-wing element of the Socialist Party withdraw en masse. The left-wing members of the Socialist Party, headed by John Reed, of New York, who were refused seats as delegates to the national emergency convention of the Socialist Party met at the headquarters of the recruiting union of the I. W. W. on September 3, 1919, to hold a convention of thir own, which was known as the Conven- tion of the Communist Labor Party of America. The delegates attending this convention proceeded to draft and adopt a platform and program for the Com- munist Labor Party. During the course of the debate a discussion arose as to whether or not the words "political action" were to be used in connection with accomplishing the aims of the party. After a heated debate the words "political action" were struck out of the platform of the Communist Labor Party. An effort was made at the outset of the convention to unite with the Communist Party, but due to the attitude of some of the leaders of the Com- munist Labor Party the contemplated arrangement resulted in failure. Upon the conclusion of the convention the Communist Labor Party immediately em- barked upon an extensively organized campaign for the purpose of strengthen- ing its organization and obtaining additional members. (d) The Communist Labor Party of America. — Reference is hereto made again to the memorandum brief prepared upon the Communist Party of America and the analysis contained therein of the manifesto and the Communist Interna- tional, which is directly in point also in the consideration of the Communist Labor Party. Attached hereto and marked as " Exhibit A " is a copy of the platform and program of the Communist Labor Party. It will be noted that the program of this organization declares itself in full harmony with the revolutionary working class of all countries and stands by the principles of the third inter- national at Moscow. It states that it realizes with the third international at Moscow that the time for " parleying " is past and that the question is now whether all power is to remain in the hands of the capitalists or shall be taken by the workers. The Communist Labor Party, to use its own words, has as its aim " the abolition of the present system of production, in which the working class is mercilessly exploited, and the creation of an industrial republic wherein a machinery of production shall be socialized so as to guarantee to the workers the full social value of the product of their toil." In order to accomplish its end, the Communist Labor Party unites with the revolutionary workers of the world for " conquest of political power to estab- lish a government adapted to the communist transformation." In anther portion of its platform we find the following amazing statement : " The Communist Labor Party proposes the organization of the workers as a class, the overthrow of capitalist rule and the conquest of political power by the workers. The workers organized as the ruling class shall, through their Government, make and enforce the laws ; they shall own and control land, fac- tories, mills, mines, transportation systems, and financial Institutions. All power to the workers !" In the program of the party appears the following specific statement : "•The Communist Labor Party of Ajnerica declares itself in complete ac- cord with the principles of communism as laid down in the manifesto of the third international formed at Moscow." Thus, we see that in its platform and program the Communist Labor Party pledges Itself to that style of " communism " in the United States which is laid down by the third International, which has been analyzed In detail in the brief 100 SEDITION. prepared on the Communist Party of America, and from wliich tliere is but one conclusion to dra\y, that the principles adopted at the thii-d international aim at the overthrow of the Government of the United States. Following the quotation above given appear in detail the essence, as the Communist Labor Party calls it, of the principles of the third international which it will endeavor to establish in the United States. Significant among the principles thus enunciated is the foUowng statement : " The working class must organize and train itself for the capture of State power." Tlie following significant statement also appears : " The most important means of capturing State power for the workers is the action of the masses, proceeding from the place where the workers are gathered together — in the shops and factories. The use of the political machinery of the capitalist State for this purpose is only secondary." It will thus be noted that the Communist Labor Party advocates " mass ac- tion," a detailed analysis of which is given in the memorandum brief upon the Communist Party, where it was shown that by " direct action " is meant the use of " force and violence." In the program of the party appears the following statement : " We maintain that the class struggle is essentially a political struggle — that is, a struggle by the proletariat to conquer the capitalist State, whether its form be monarchical or democratic-republican, and to replace it by a govern- mental structure adapted to the communist transformation." It will thus be seen from the analysis of the platform and program of the Communist Labor Party that it conforms entirely with that of the Communist Party of America in principles. Each party is an advocate of and teaches the principle of the overthrow of the State, establishing a dictatorship of the proletariat, and eventually bringing about a " communist commonwealth," tbe ultimate aim of which is that both parties pledge themselves to the principles and tactics of the third international. There is a constant reference to a pure economic feature, to wit, " the control of industry." The attainment of the control of industry is contemplated only as a means of preliminary basis. Through the control of industry it is proposed to meet the revolutionary mass action, conceived of as being the immediate force to overthrow the State. (e) Membership of the Communist Labor Party. — Attached hereto and marked as " Exhibit B, " is an application of membership which must be signed by each applicant for membership in the Communist Labor Party. Upon referring to this, it will be noted that the applicant pledges himself to be guided by the constitution and platform of the Communist Labor Party. Attached hereto and marked as " Exhibit C " is a copy of the membership card of the Communist Labor Party. Attached hereto and marked as " Exhibit D " is an affiliation certificate, which is issued by the headquarters of the Communist Labor Party to each local, and upon which it appears that each local obtaining such certificate has indorsed the platform, program, and constitution of the Communist Labor. Party. Attached hereto and marked as " Exhibit E " is an order blank of the Com- munist Labor Party, showing the extent to which the propaganda of this organization has grown. It will thus be seen from the above that a person becoming a member of the Communist Labor Party becomes so knowing of the purposes of the organi- zation and pledges himself for the carrying out of the same, almost exactly similar to the membership pledge of the Communist Party. ACTIVITIES OF THE COMMUNIST UVBOE PARTY. The activities of the Communist Labor Party have been exactly similar to those of the Communist Party of America. Attached hereto and, marked " Exhibit F " is a copy of the Communist Labor Party News, which received quite a large circulation. Attached hereto and marked as " Exhibit G " is a copy of a circular entitled "Hands off Soviet Russia," issued by the Communist Labor Partv of America Attached hereto and marked as "Exhibit H" is a copy of tlie Communist Labor Party News, of the New York division of that organization, containing an announcement of a mass demonstration to be held in celebration of the secouo anniversary of the Russian Soviet Republic. SEDITIOK. 101 (f) Conclusion. — From the above examination which has been made of the Communist Laboi- Party it will thus be seen that this organization is modeled exactly along the same lines as the Communist Party of America, and that both organizations have arbitrarily expressed themselves and pledged them- selves to overthrow the Government of the United States. This memorandum brief is to be taken in conjunction with that prepared upon the Communist Party of America, for the reason of the close similaritj of each organization, and particularly for the reason of the alignment of each organization with the third international of Moscow. It is respectfully submitted, therefore, that the Communist Labor Party and persons members thereof fall within the provisions of the act of Congres? approved October 16, 1918, in that the Communist Labor Party openly advo cates the overthrow of the Government of the United States by force and violence. Respectfully submitted. J. E. Hoover, Special Assistant to the Attorney General. Exhibit A. PLATFOEil AND PROGEAM, COMMUNIST LABOR PakTY. PLATFORM. 1. The Communist Labor Party of the United States of America declares itself in full harmony with the revolutionary working class parties of all coun- tries, and stands by the principles stated by the third international, formed at Moscow. 2. With them it thoroughly appreciates the complete development of capital- ism into its present form of capitalist imperialism, with its dictatorship of the capitalist class and Its absolute suppression of the working class. 3. With them it also fully realizes the crying need for an immediate change in the social system; it realizes that the time for parleying and compromise has passed, and that now it is only the question whether all power remains in the hands of the capitalist or is taken by the working class. 4. The Communist Labor Party proposes the organization of the workers as a class, the overthrow of capitalist rule, and the conquest of political power by the workers. The workers organized as the ruling class shaU through their government make and enforce the laws; they shall own and control land, fac- tories, mills, mines, transportation systems, and financial institutions. All power to the workers! , ,.^. ^ ^^ 5 The Communist Labor Party has as its ultimate aim the abolition ot the present system of production, in which the working class Is mercilessly ex- ploited, and the creation of an industrial republic wherein the machinery of production shall be socialized so as to guarantee to the workers the full social value of the product of their toil. . ^ t v, t>„^^„ 6 To this end we ask the workers to unite with the Communist Labor Party for the conquest of political power to establish a government adapted to the communist transformation. PARTY AND LABOlB PROGRAM. (Part I.) The Communist Labor Party of America ^declares itself in complete according with the principles of communism as laid down m the manifesto of the thud International, formed at Moscow. r^:7^e^ris^S^S>aZf t^dStion and collapse of the whole sys^ teni of world capitalism. Unless capitalism is replaced by the rule of the worklne class, world civilization will collapse. , „ ^, ^ „f „i.„K, 2 The working class must organize and train itself for the capture of state power tCs capture means the establishment of the new working-class gov- ernment machmery in place of the state machinery of the capitalists. 102 SEDITION. 3. This new working-class government — the dictatorship of the proletariat- will reorganize society on the basis of communism and accomplish the transi- tion from caiptalism to the communist commonwealth. ' Communist society is not like the present fraudulent capitalist democracy, which, with all its pretensions to equality, is merely a disguise for the rule of the financial oligarchy, but It is a proletarian democracy, based on the control of industry and the state by the workers, who are thereby free to work out their own destiny. It does not mean capitalist institutions of government, which are controlled by the great financial and industrial interests, but organs of administration created and controlled by the masses themselves ; such as, for example, the Soviets of Russia. 4. The dictatorship of the proletariat shall transfer private property In the means of production and distribution to the working-class government, to be administered by the workers themselves. It shall nationalize the great trusts and financial institutions. It shall abolish capitalist agricultural production. 5. The present world situation demands that the revolutionary working class movements of all countries shall closely unite. 6. The most important means of capturing state power for the workers is the action of thte masses, proceeding from the place where the workers are gathered together — in the shops and factories. The use of the political machinery of the capitalist state for this purpose is only secondary. 7. In those countries in which there is a possibility for the workers to use this machinery in the class struggle, they have in the past made effective use of it as a means of propaganda and of defense. In all countries where the con- ditions for a working-class revolution are not ripe the same process must go on. 8. We must rally all groups and proletarian organizations which have mani- fested and developed tendencies leading in the direction above indicated, and support and encourage the working class in every phase of its struggle against capitalism. (Part II.) 1. The economic conditions in every country determine the form of organiza- tion and method of propaganda to be adopted. In order efficiently to organize our movement here we must clearly understand the political and economic structure of the United States. 2. Although the United States is called a political democracy, there is no opportunity whatever for the working class through the regular political ma- chinery to effectively oppose the will of the capitalist class. 3. The years of Socialist activity on the political field have brought no increase of power to the workers. Even the million votes piled up by the Socialist Party in 1912 left the party without any proportionate representation. The Supreme Court, which is the only body in any Government in the world with the power to review legislation passed by the popular representative assembly, would be able to obstruct the will of the working class, even if Con- gress registered it, which it does not. The Constitution, framed by the capi- talist class for the benefit of the capitalist class, can not be amended in the workers' interest, no matter how large a majority may desire it. 4. Although all the laws and institutions of government are framed and administered by the capitalists in their own interests, the capitalists them- selves refuse to be bound by these laws or submit to these institutions when- ever they confiict with these Interests. The invasion of Russia, the raids into Mexico, the suppression of government in Central America and the Caribbean, the innumerable wars against working-class revolutions now being carried on — all these actions have been undertaken by the administration without asking the consent even ol Congress. The appointment by the President of a Council of National Defense, the War Labor Board, and other extraconstitutional gov- erning bodies without the consent of Congress is a direct violation of the fundamental law of republican government. The licensing by the Department of Justice of antilabor strike-breaking groups of employers — such as the Na- tional Security League, the American Defense Society, the Knights of Liberty, the American Protective League — whose express purpose was the crushing of labor organization and all class activities of the workers, and who inaugurated in this country a reign of terror similar to that of the Black Hundreds in Rus- sia, was entirely opposed to the principles of the American Government. Moreover, the war a.nd its aftermath have demonstrated that governing power does not reside in the regularly elected or even the appointed ofBcials and leg- islative bodies. In every State, county, and city in the Union the so-called seCitiow. 103 " police power " is shown to be superior to every law. In Minnesota, Wis- consin, and many other States so-called public-safety commissions and similar organizations were constituted by authority of the governors, made up of rep- resentatives of chambers of commerce and employers' associations, which usurped the powers of legislatures and municipal administrations. 6. Not one of the great teachers of scientific socialism has ever said that it is possible to achieve the social revolution by the ballot. 7. However, we do not ignore the value of voting or of electing candidates to public office, so long as these are of assistance to the workers in their economic struggle. Political campaigns and the election of public officials provide oppor- tunities for showing up capitalist democracy, educating the workers to a realization of their class position, and of demonstrating the necessity for the overthrow of the capitalist system. But it must be clearly emphasized that the chance of winning even advanced reforms of the present capitalist system at the polls Is extremely remote ; and even If it were possible these reforms would not weaken the capitalist system. (Part III.) 1. In America the capitalist class has never had a feudal aristocracy to combat, but has always been free to concentrate Its power against the working class. This has resulted in the development of the American capitalist class wholly out of proportion to the corresponding development in other countries. By their absolute control of the agencies of publicity and education, the capi- talists have gained a control over the political machinery which is Impossible to break by resorting to this machinery. ' 2. Moreover, in America there Is a highly developed labor movement. This makes It impossible to accomplish the overthrow of capitalism except through the agency of the organized workers. Furthermore, there is In America a centralized economic organization of the capitalist. class which Is a unit in its battle with the working class, and which can be opposed only by a centralized economic organization of the workers. 3. The economic conditions of society, as Marx foretold, are pushing the workers toward forms of organization which are, by the very nature of things, forced into activity on the Industrial field with a political aim — the over- throw of capitalism. 5. It is our duty as communists to help this process — to hasten it — ^by sis)- porting all efforts of the workers to create a centralized revolutionary indus- trial organization. It is our duty as communists who understand the class struggle to point out to the workers that upon the workers alone depends their own emancipation, and that It Is Impossible to accomplish this through capi- talist political machinery, but only by the exercise of their united economic power. PKOGEAM. 1. We favor international alliance of the Communist Labor Party only with the communist groups of other countries — those which have affiliated with the Communist International. 2. We are opposed to association with other groups not committed to the revolutionary class struggle. 3. We maintain that the class struggle is essentially a political struggle — that is, a struggle by the proletariat to conquer the capitalist state, whether Its form be monarchial or tJemocratlc-republlcan, and to replace it by a govern- mental structure adapted to the communist transformation. 4. Communist platforms, being based on the class struggle and recognizing that this is the historical period ojC the social revolution, can contain only one demand— the establishment of the dictatorship of the proletariat. 5. We favor organized party activity and cooperation with class-conscious industrial unions In order to unify Industrial and political class-conscious propaganda and action. ^Locals and branches shall organize shop branches t > conduct the communist propaganda and organization In the shops and to encourage the workers to organize in one big union. . -, ^ . , 6 The party shall propagandize industrial unionism and industrial union organization, pointing out their revolutionary nature and possibilites. 7. The party shall make the great Industrial battles its major campaigns to show the value of the strike as a political weapon. 104 SEDITION". 8. The party shall maintain strict control over all niemhers elected to publi(» office, not only the local organizations but the national executive committee. All public officials who refuse to accept the decisions of the party shall be immediately expelled. 9. In order that the party .shall be a centralized organization, capable of united action, no autonomous groups or federations independent of the will of the entire party shall be permitted. 10. All party papers and publications indorsed by the party and all educa- tional and propaganda institutions Indorsed by the party shall be owned and controlled by the regular party organization. 11. Party platforms, propaganda, dues, and methods of organization shall be standardized. SPECIAT. KEPOET ON I,.\BOE OBGANIZATIOM. The purpose of the party is to create a unified revolutionary working-class movement in America. The European wiir has speeded up social and industrial evolution to such a degree that capitalism throughout the world can no longer contain within Itself the vast forces it has created. The end of the capitalist system is In sight. In Europe It is already tottering and crashing down, and the proletarian revolutions there show that the workers are at the same time becoming conscious of their power. The capitalists themselves admit that the collapse of European capitalism and the rise of the revolutionary working class abroad can not help but drag American capitalism into the all-embracing ruin. In this crisis the American working class is facing an alternative: Either the workers will be unprepared, in which case they will be reduced to abject slavery, or they will be suflSciently conscious and sufH-ciently organized to save society by reconstructing it in accordance with the principles of communism. IX. 1. By the term " revolutionary industrial unionism " is meant the organiza- tion of the workers into unions by industries with a revolutionary aim and pur- pose ; that Is to say, a purpose not merely to defend or strengthen the status of the workers as wage earners but to gain control of Industry. ' 2. In any mention of revolutionary Industrial unionism in this country there must be recognized of the immense effect upon American labor movement of the propaganda and example of the Industrial Workers of the World, whose long and valient struggles and heroic sacrifices in the class war have earned the respect and affection of ail workers everywhere. We greet the revolutionary Industrial proletariat of America, and pledge them our whole-hearted support and coopration in their struggles against the capitalist class. Elsewhere in the organized labor movement a new tendency has recently manifested itself, as illustrated by the Seattle and Winnipeg strikes, the one big union and shop committee movements in Cnnada and the West, and the numerous strikes all over the country of the rank and file, which are proceeding without the au- thority of the old reactionary trade-union officials, and even against their orders. This tendency, an Impulse of the workers toward unity for common action across the lines of craft divisions, if carried to its logical conclusion would inevitably lead to workers control of industry. 3. Ths revolt of the rank and file must not be allowed to end in the dis- organization of the ranks of organized labor. We musft help to keep the work- ers together, and through rank and file control of the unions, assist the process of uniting all workers in one big union. 4, With this purpose in view, the Communist Labor Partv welcomes and suppoi-ts. in whatever labor organization found, any tendency toward revolu- tionary industrial unionism. We urge all our members to join Industrial unions. Where the job control of the reactionary craft unions compels them to become members of these craft unions, they shall also join an industrial organization, if one exists. In districts where there are no industrial unions our members shall take steps to organize one. III. To labor and labor alone is industry responsible. Without the power of labor industry could not function. The need of the hour is that labor recognize the necessity of organization and education. This can not be achieved by attempt- SEDITION. 105 lUK to Influeiicp the leaders of the labor movement, as has been clearly shown Tjy the actions of the recent convention of the American Federation of Labor. It can only be done by getting the workers on the job and to some together «nd discuss the vital problems of industry. 3. Because of the industrial crisis created by the World War, together with the breakdown of industry following the cessation of hostilities, and the inter- ruption of the processe.s of exchange and distribution, there is great dis- satisfaction among the workers. But they can find no means of dealing with the situation. Their unions have refused to take any steps to meet the grave problems of to-day ; and moreover, they obstruct all efforts of the rank and file to solve the problems and it becomes immediately necessary to find some way ly which the workers can act. 4. We suggest that some plan of labor organization be inaugurated along the lines of the shop steward and shop committee movements. These committees ■can serve as a spur or check upon the officials of the unions ; they will neces- sarily reflect the spirit and wishes of the rank and file, and will educate the >vorkers on the job in preparation for the taking over of industry. EECOMMENDATIONS. We recommend the following measures : 1. That all locals shall elect committees on labor organization, composed so :far.as is possible of members of labor unions, whose functions shall be — (ffi) To initiate or support the creation of shop committees in every industry In their district, the uniting of these committees in Industrial councils, district -councils, and the central council of all industries. (6) To propagandize and assist in the combining of craft unions, by in- <3ustries, in one big union. (c) To bring together in the centers of party activity — locals and branches — •delegates from factories and shops to discuss tactics and policies of conducting the class struggle. (d) To propagandize directly among the workers on the job the principles of ■communism, ami educate them to a realization of their class position. (e) To find a common basis for the uniting of all existing economic and political organizations based 'on the class struggle. (f) To mobilize all members who can serve as organizers to fill the demand :for men and women who can organize bodies of workers along the lines indi- •cated above. (ff) To direct the activities of local party organizations in assisting the "workers whole-heartedly in their industrial battles, and making use of these lattles as opportunities for educating the workers. 2. That a national committee on labor organization be elected by this con- tention, which shall cooperate with the local committees above mentioned. In addition, the national committee shall be charged with the task of mobilizing aiational support for strikes of national importance, and shall endeavor to give these a political character. (a) It shall, collect information concerning the revolutionary labor move- ment from the different sections of the country, and from other countries, and through a press service to labor and socialist papers shall spread this informa- tion to all parts of the country. (6) It shall mobilize on a national scale all members who can serve as propagandists and organizers, who can not only teach but actually help to put into practice the principles of revolutionary industrial unionism and com- anunism. THE iNEW OR THE OLD. You are at the parting of the ways. Will you choose the way of pitfalls and retreat or will you choose the straight road to ^^•o^kers' control and communism? And the choice is easy. It lies between the old Socialist Party, controlled by reactionaries, who are attempting to keep their membership by feeding them a program a bit more radical, and the new Communist Labor Party, a young, virile organization, already 30,000 strong. 106 sjiuixioN. The old Socialist Party in convention denounced the Scheidemann Berne- International, but It did not indorse the third International, that organized by the uncompromising revolutionary hosts of Europe. The old Socialist Party, following Its usual compromising attitude, wants something between the two and makes a call for still another international. Well, making a call for it will not get it. And the resolution passed is merely a sop thrown to the radicals in the Socialist Party so that these radicals may continue to contribute to the reactionary leadership in the party. The Communist Labor Party unequivocally indorsed the third international. It also turned its back upon pure and simple parliamentary socialism and adopted a platform and program in harmony with that adopted at the third international, which speaks the new revolutionary methods and voices the hopes of all comrades for the unconditional surrender of the capitalist class. The new or the old, comrades, which is your choice? Be decisive. If you are with us, let us kiaow at once. Sign the affiliation blank. DUES STAMPS. state organizations affiliated with the Communist Labor Party are hereby informed that new dues stamps have been issued and can now be had at the new rates, namely, 20 cents each. The Communist Labor Party, in convention, decided to make dues throughout the party uniform. Every member of the- Communist Labor Party will pay 50 cents a month dues. Of this amount 20 cents will go to the national office for the maintenance of the national organi- zation and the prosecution of field work. In States where there is no Communist Labor Party State organization locals and branches should buy dues direct from the national office. The same- rate oi 20 cents per stamp will prevail in such case and until a State organiza- tion is formed. The membership in locals and branches which have adopted the left--wing^ program must be kept in good standing,' and toward the end it is absolutely essential that all secretaries purchase a supply of dues stamps at once. CHABTEE MEMBERSHIP STAMPS. Begin your membership in the Communist Labor Party with a charter membership stamp. Every member who has severed his relations with the- reactionary Socialist Party and has joined the Communist Labor Party should become a charter member of the new party. Tour charter membership will be- designated by the insertion of a charter membership stamp in your dues book. These charter membership stamps will also be the " initiation " stamps for the first year. The admission fee for new members is $1. State organiza- tions already affiliated with the Communist Party are requested to pur- chase a supply of these stamps. In States where no State organization has yet been formed, locals and branches should make purchases of these stamps direct from the national office. The price of these stamps to State organizations is 25 cents each. They will be sold at the same price to locals in unorganized states. STRENGTH OP THE TWO LEFT WING PARTIES. Inquiries have been made as to the membership strength of the Communist Party and the Communist Labor Party. Only an estimate of the strength of - each can be given at this time for the exact membership can not be ascertained until both organizations have functioned for some months and then only upon the basis of dues stamps sales. According to the dues stamp sales for six months of this year, the federa- tions which probably will compose the Communist Party have the following number of members: Russian, 6,500; Ukranian, 3,500; South Slavic, 3,000; Lithuanian, 6,000; Lettish, 1,500; Hungarian, 2,400; Polish, 2,000. Add to this a few thousand English-speaking members which were represented at the SEDITION. lOT Communist Party convention, and the total estimated membership of the- Communist Party is about 28,000: The delegates attending the Communist Labor Party convention repre- sented an English membership mostly. This membership is estimated by States, as foUpws: Arkansas, 500; California, 2,000; Colorado, 500; Delaware,. 100 ; Florida, 200 ; Illinois, 2,000 ; Indiana, 1,000 ; Kansas, 500 ; Kentucky, 500 ; Michigan, 150; Minnesota, 800; Missouri, 500; Nebraska, 200; Nevsr Jersey, 800; New York, 2,500; Ohio, 3,000; Oregon, 1,500; Khode Island, 500; Texas^ 150; Utah, 500; Washington, 1,500; Virginia, 200; West Virginia, 500. Add to this the greater portion of the German federation membership, that whichi is left wing, about 5,000; the Italian federation, 1,000; and the Scandinavian federation, 3,000, and the membership of the Communist Labor Part' equals, if it does not exceed, that of the Communist Party. We state that an estimate is hard to make at the present time because; neither party is yet organized. For instance, if we are to take the word of the 22 delegates attending the Communist Party convention, mostly English- speaking who refuse all official positions in the Communist Party and stated upon the second last day of the convention that they would not abide by its decisions, then it is altogether probable that' the Communist Party will lose- a large portion of its English membership as represented in the convention.' PROCLAMATION TO THE MEMBEBSHIP. Comrades : The great war has shaken the World's foundations. Many idols have crashed to the ground, showing their hollowness. The war has torn the mask of patriotism, democracy, and idealism from capitalism and laid bare the brutal features of man-devouring imperilism. It has shown the workers of the world that their true interests lie in international class solidarity, exer- cised upon the field of revolutionary class and mass action. In this crucial moment the Socialist Party of the United States has betrayed the working class. It sold out the birthright of the workers for a mess of pottage consisting of political respectability and allgnmeat with the interests of the petit bourgeolse. The Socialist Party employed the Chicago police department to throw out of the national convention the duly elected delegates of the membership while it packed the convention with " Socialist " aldermen from New York, the very ones that voted for the erection of an arch of triumph in glorification of the victory of American soldiers over the Red Guards of proletarian Russia at Murmansk. The Socialist Party at the Chicago convention repudiated the real prola- tarlan International — that organized at Moscow. It even found words of excuse for the murderers of Karl Liebknecht and Rosa Luxemburg. It dis- graced the word " socialism." In this emergency your delegates, on August 31, met in convention called by the revolutionary national executive committee, elected by you last spring upon the basis of the left-wing program, and formed the Communist Labor Party of the United States. We have chosen the name Communist Labor Party because the -word "Socialist" has been internationally discredited by the Scheidemanns everywhere. Realizing the need of unity between all revolutionary forces, the convention of the Communist Labor Party left nothing undone to bring about unity with the Communist Party convention, which convened at Chicago on September 1. Conference committees were elected, the appeal for unity was carried to the floor of the communist convention, and the declaration adopted instructing our national officers to exert every efEort for a unification of the two parties. So far our efforts for unity have not met with success. The entire matter will be submitted to you in detail and we are confident that you vtall defer judgment until then. . t^ i * The national executive committee of the Communist Labor Party appeals to you to repudiate the traitors of international socialism in the reactionary Socialist Party and to pledge yourselves, your energy, and all to the great struggle of working-class emancipation. ^ ^^ ^ We are confident that your judgment will finally be in our favor and that you will help to unite the forces of the American working class under the 108 SEDITIOK. banner of the Communist Labor Party, an integral part of the third — the Communist International. Long live the third international ! Freedom for nil class war prisoners ! Victory to Communism ! Alexander Bilan, Jack Carney, L. E. Katterfeld, Edward Lingren, Max Bedacht, national executive committee, Communist Labor Party ; A. Wagen- knecht, executive secretary. PABTT SUPPLIES. New charters. — New charters for locals and branche.s that affiliate with the Communist Labor Party are now ready. These charters will go forward as soon as affiliation blanks are returned to this office. ^ Dues cards. — Members' dues cards are also ready for shipment. State organizations, locals, and branches desiring a supply should order at once. Application cards. — Members of the Communist Labor Party should make it their first duty to secure new members. However, new -members should only be secured upon- the basis of our platform and program. Order supply of application cards. Charter applications. -^^tate organizations and comrades wishing to engage in organization work for the party should provide themselves v^th a supply of these blanks. MAIN POINTS IN NEW CONSTITUTION OF COMMUNIST LABOR PARTY. In order to summarize the more important organizational features of the Communist Labor Party, we present the following items from the new con- stitution : 1. An annual convention. One of the great troubles with the party in the past has been the infre- quency of gatherings of representatives of the rank and file to discuss and decide upon the party policies and tactics. Such gatherings are particularly necessary at the present time, when the rapidly changing aspects of com- munist development make it necessary for the membership to keep in close touch, to be able to take an intelligent attitude after thorough discussion. 2. A national committee of five members elected by the convention. Dis- tricts abolished. National committeemen can come from any part of the country. A large national, executive committee is no longer necessary in a party unified as ours is. It is only a relic of the old Socialist Party, whose national executive committee represented all elements in the party. In the Communist Labor Party convention the majority of the party adopts a communist pro- gram. The national executive committee elected to carry out the program must be composed only of communists, who have demonstrated their strength and single mindedness in the debates at the convention. Five committeemen united on principles and program are better able to carry these out than 15 who are not. The obolition of districts shows that we are no longer a party based on geographical Interests but on a class interest. Finally, the convention is much better qualified to choose a national executive committee than the scat- tered rank and file, for the national convention is composed of men who repre- sent the will of the membership, hammered out in locals or State conventions, and they in turn hammer out the policies of the party. They are therefore in a position to know who will be the best representative of their ideals. The referendum votes of the rank and file, who are not acquainted with the ideas of all candidates, and who have no opportunity to discuss these candidates in general meeting, can not adequately . result in the election of a committee pledged to carry out the convention program. 3. Foreign-language federations shall be propaganda organizations, subject to the national executive committee. Foreign-language branches are to be an Integral part of their locals, and buy their dues stamps through their local and State organizations. In the old Socialist Party the federations were practically autonomous. Their branches were permitted to segregate themselves from the English- speaking comrades, and act through their federation as a separate body Dues stamps were bought through the translator-secretaries bv the executive SEDITIOM. 109 coiuniittees of these federations, and at the end they acted as organizations separate and distinct from the English-speaking body of the party. In the Communist Labor Party. Instead of the translator-secretary paying in the money due to the national office, and thus being in a position to hold up the national office — the dues stamps shall be sold to the foreign-language branches as to all other branches, by locals and States, and the money goes to the national office, which remits the amount due the federation to the translator- secretary. 4. An official national weekly paper, which shall go to each member, to be paid for out of his dues. This paper shall publish not only organization news, and instructions to locals, branches and members but also discussions of tactics, news of the latest developments of communist movements the world over, the changes in tactics dictated by revolutiona experience abroad, and other matters needed to make our memberiship well informed, intelligent and capable of acting as a unit in crises. 5. Standard party dues of 50 cents per month, 25 cents of which shall go to the national office. An admission fee of $1. In a party such as ours, in which the national office plays such an active part, it is necessary that the national office be well provided with funds for its work, as well as for the purpose of financing national conventions. For ■the other items, the cost of living makes it necessary for us to double the allotment to States, locals and branches. Already in some parts of the country branches are charging as much as 70 cents per month. Dues must be made uniform throughout the country. Constitution. Article I. — Name. The name of this organization shall be the Communist Labor Party of the United States of America. Artici^e II. — Membership. Section 1. Any person, 18 years of age or over, who has severed his connec- tion with all other political parties and political organizations and who sub- scribes to the principles of the Communist Labor Party, shall be eligible to membership in the party. Sec. 2. No member of tlie party shall accept or hold any appointive public office, honorary or remunerative (civil service positions excepted) without the consent of his State organization, nor be a candidate for public office without the consent of his city, county, or State organization, according to the nature of the office. , , . ^ Sec 3 A member who desires to transfer his membership from the party in one State to the party in another State may do so upon the presenta- tion of his card showing him to be in good standing at the time of asking for such transfer, and also a transfer card duly, signed by the secretary of the local from which he transfers. , „ . ^, ^ „ Sec. 4. All persons joining the Communist Labor Party shall sign the follow- ing pledge : application- fob membership in the communist labor party. " I the undersigned, recognizing the class struggle between the capitalist class' and the working class, and the necessity of the working class organizing itself politically and industrially for the establishment of communism, do herebv apply for membership in the Communist Labor Party. " I have lio relations, as member or supporter, with any other political party. " I am opposed to all political organizations that support the present capi- talist proflt system and am opposed to any form trading or fusing with any '*""^in°a1? my political actions while a member of the Communist Labor Party, I agree to be guided by the constitution and platform of that party." 110 ' SEDITION. Abticle III. — National executive commuttee. Section 1. The policies of the Communist Labor Party shall be carried out ■by the national executive committee. Sec. 2. The national executive committee shall consist of five members who shall be elected by the annual conventions of the party to serve for a term of one year. At the time when the national executive committee is elected the convention shall also elect a first and a second alternate to the committee. Sec. 3. Members of the national executive committee and alternates thereto shall be elected by majority vote of the convention. Sec. 4. The traveling expenses of members of the national executive com- mittee in attending meetings of the committee and a per diem not exceeding $6 for the time of attending committee meetings shall be allowed out of the national funds. Aetiole IV. — Duties of the national executive committee. Section 1. The duties and powers of the national executive committee ■shall be — (a) To represent the party in all national and international affairs, subject in the latter case to the provisions for international delegates and secretary. (6) To call national conventions and special conventions decided upon "by the referendum of the party. In case of emergency, the national executive <;ommittee may call special conventions by a four-fifths vote of the committee. (c) To formulate the rules and the order of business of the national con- ventions of, the party not otherwise provided for by this constitution, and subject to amendment and adoption by the conventions. Sec. 2. The national executive committee, as required by the Federal corrupt- practices act, shall elect a permanent chairman who shall serve without salary. Sec. 3. The comnjittee shall formulate its own rules of procedure not inconsistent with the provisions of this constitution. Sec. 4. Members of the national executive committee shall be subject to recall by the members of the party through the referendum. Sec. 5. The location of the national headquarters shall be determined by the national executive committee. Sec. 6. (o) No funds of the national organization shall be appropriated by the national executive committee for any purpose not directly connected with the propaganda of the Communist Labor Party or the struggles of labor. No more than $100 shall be appropriated to any one organization other than a subdivision of the party; and no application for financial assistance coming from locals or other subdivisions of State organizations shall be entertained unless they have the indorsement of their State organization. (6) The committee shall not have power to appropriate funds, except for the current expenses of the national oflBce, unless the party has suflacient funds on hand to meet all outstanding obligations, or unless the regular in- come will in the natural course of events cover such appropriations before the end of the current year. The committee shall make no appropriations, directly or indirectly, for the support of any paper or periodical not owned "by tbe national office or by a subdivision of the party. Sec. 7. The national ofiice mailing list of locals and branches and of sub- scribers shall not be given out to anyone outside the membership, nor shall they be given to members for private purpose. Appropriate portions of them may be given to members and party officials at any time for purposes of organization, propaganda, and renewals of subscriptions. Aeticije V. — 'National executive secretary. Section 1. The national executive secretary shall be employed by the -national executive committee. He may be removed at any time by the com- mittee or by referendum vote of the party membership. He shall give bonds in the amount fixed by the committee. His compensation shall be fixed by the national executive committee. Sec. 2. The national executive secretary shall have charge of all affairs of the national office, including the establishment of necessary departments, subject to the directions of the national executive committee. He shall super- vise the accounts of the national office and its departments. SBDITION. Ill Sec. 3. The national executive secretary sliall publish a weekly ofBcial organ of the party in which shall appear all important official reports and announcements; a monthly report of the financial affairs of the party; a summary of the conditions and the membership in the States and Territorial organizations ; the principal business transacted by the national officials ; and :such other matters pertaining to the organization of the party as may be of general interest to its membership. Sec. 4. The national executive secretary shall — (a) Make reports of the membership and condition of the party organiza- tion and recommendations thereon to the national conventions. (&) Receive dues and reports from the State organizations. (c) Conduct the national referendums in the manner provided for in this •constitution. (d) Print in the official organ a specific statement of all moneys expended for printing leaflets and books, with titles and authors of the same. Abticle VI. — Representatives in Congress. Section 1. Members of Congress elected on the Communist Labor Party ticket shall submit reports of their actions in Congress to the national con- ventions and to the national executive committee as the later may require. Sec. 2. In the support of measures proposed by the Communist Labor Party, they shall carry out instructions which may be given by the national conven- tions, the national executive committee, or by a general referendum of the party. Sec 3. In all legislative bodies, such as Congress, State legislatures, boards of supervisors, or town counsils, Communist Labor Party members shall •organize into a group separate and apart from all other parties. They shall elect a chairman, and in the support of all measures definitely declared for in the platforms of the party they shall vote as a unit. Aeticib YIl.— National conventions. Section 1. A regular national convention of the party shall be held annually on the 10th day of May at such place as the national executive committee may •decide. Sec 2. Special conventions of the party may be held at any time if decided upon by a referendum of the membership or a four-fifths vote of the national executive committee. Sec 3. The national convention shall be composed of 100 delegates to be apportioned among the States in the following manner : One from each organized State and Territory and the remainder in propor- tion to the average national dues paid by the organization of such States and Territories during the preceding year. No delegate shall be eligible unless he is a resident member of the State from which his credential is presented. Sec. 4. Railroad fare, including tourist sleeper carfare and berth, of dele- gates to and from the national conventions and a per diem allowance of ,?3.50 to cover expenses shall be paid from the national treasury by setting aside a portion of the national dues sufficient to cover the same, to be estimated at the beginning of each year. ,. , ^. „i,„ii >,„ Sec 5 (a) The election of delegates to the national convention shall be completed not later than 60 days preceding the convention, and the State secretaries shall furnish the national executive secretary with a list of the accredited delegates immediately after said election. Tft) The national executive secretary shall prepare a printed foster of all the delegates, including the contested delegates, who shall be so indicated. This roster Shan be sent to each delegate and forwarded to the party press for pubUcation before the date of meeting Such.roster shaU contam the occu- pation of each delegate at the time of his nomination and his office or em- Xvment in the party. All official reports required to be presented to the natS convention shall be printed an'd sent to each delegate elected and fur- nfshed to the party press at least 15 days before the date of the convention^^^ ■ DAY STAMP This certifies that the owner of this card has paid dues for the months covered by due stamps, and is in good financial standing to and including last month stamped. January to July, , Mnancial Secretary. Address, July to December, — , , , rinancial Secretary. Address, January to July, , Financial Secretary. Address, July to December, , Financial Secretary. Address, Exhibit D. Note.— ^rom the present outlook. State offices in 15 States are affiliated with the Communist Labor Party. If your State office is already affiliated with the Communist Labor Party, then the national office will forward notice of your affiliation to your State office. If your State office is in the control of reaction- ary officials, then as soon as enough locals in your State join the Communist Labor Party a State organization will be effected. If your organization is a branch of a Language Federation, we will forward notice of your affiliation to your translator secretary, or we will organize a new Language Federation as soon as enough branches affiliate with the Communist Labor Party In anv case, send this affiliation certificate to the national office, Communist Labor Party, 3207 Clark Avenue, Cleveland, Ohio. v^ommunist i^aoor SEDITIOIT. 119 Affiliation Certificate. Date Communist Labor Party, 3207 Clark Avenue, Cleveland, Ohio. Comrades: This certifies tliat we have indorsed the platform, program, and constitution of the Communist Labor Party and hereby apply for a charter in that party. The meeting at which affiliation was decided upon was held (date) and we desire our charter to be so dated. Name of local branch, . Number of members in your organization, . State your financial resources, . Give date and place of your regular business meetings, . Will you arrange a public meeting for a Communist Labor Party speaker, . Secretary, . Address, . City, . Financial secretary, . Address, . City, . Organizer, . Address, . City, . Literature agent, . Address, . City, . Exhibit E. order blank — communist labor party dues, stamps, and supplies. Note. — Send in an order for dues stamps and supplies to the national office Of the Communist Labor Party at once. We will transfer the order to your State office if it is affiliated vsdth our party. No price is set for dues stamps,, etc., because we do not yet know whether your order will have to be transferred to your State office. We will fill your order and give you credit until either this office or your State office sends you a bill. In ordering combined platforms, programs, constitutions, or copies o£ the Communist Labor Party News, please remit with order. Uniform dues are 50 cents per member per month and all local or branch secretaries should collect dues at this rate from members as soon as the new dues stamps are received. Every member should be requested to purchase a charter membership stamp. The price per stamp to each member is .fl. This stamp registers the member as a charter member in the Communist Labor Party. These charter member stamps will also be the initiation stamp for the first year. Initiation fee is $1. Order a quantity of these stamps both for your new and present members. New dues books in which to insert the new dues stamps and the charter membership stamp should be ordered in sufficient quantity for all members. From (local or branch), . Name of secretary, . Address, To the National Office, Communist Labor Party, 3^07 Clark Avenue, Cleveland, Ohio. Comrades : Send the following supplies immediately to the above address : Number. Description. Dues stamps. Charter memljership stamps. Dues books. Membership application cards. Charter applications. Platforms, programs, constitutions, combined; $1 per hundred. Communist Labor Party News, convention edition, $1.50 per hundred. 120 SEDITION. Exhibit F. Communist Labor Party News. [Official organization organ of the Communist Labor Party. Cleveland, Ohio, October, 1919.] THE THREE PARTIES A IGEEN ANALYSIS OP THE PARTY SITUATION BY L. E. KATTER- FELD READ IT CAREFULLY GET OTHERS TO BEAD IT. I. All over the world the old Socialist movement Is breaking in two over a fundamental difference of principle. First there are those that look upon the capitalist political State as a fit instrument through which the working class can gradually bring about reforms that will ultimately result in the cooperative commonwealth. These look upon municipal and government ownership as " steps toward socialism." They em- phasize " immediate demands " In political platforms. Their best-known world spokesman is Scheideman. They control the Second International. Then there are those that consider the capitalist political State with its sham democracies as but an instrument of the ruling class to keep the working class in subjection. They hold that no reforms can be achieved through this instru- ment that will seriously endanger the power of the ruling class, and that to emancipate themselves the workers must organize their own power, abolish the existing capitalist political State, and under their own dictatorship develop the Instruments with which to build the industrial republic. Their best-known world spokesman is Lenin. They are organized in the Third International. These two viewpoints are fundamentally opposed to each other. Now that their adherents are shooting at each other with machine guns in Europe, they can no longer remain together even here. Those that believe In prolonging the existing political state and those that want to abolish It do not belong in the same party. One or the other has to get out. Every member must now make his choice between petty bourgeois reform socialism, as exemplified in the oflficlaldom of the old Socialist Party and the revolutionary principles of proletarian international communism. II. Early this year it became apparent that the revolutionary element of the party in this country had become the majority. The very logic of world events had changed the views of tens of thousands of comrades. The over- whelming mass of the membership indorsed the principles of the " left wing " and elected their candidates for party offices by tremendous majorities. In order to retain control of the party organization machinery for the mod-, erates, the reactionary officialdom of the Socialist Party suppressed these elec- tion returns, expelled nearly 40,000 members, suppressed the membership mo- tions to reverse their acts, suppressed the referendum by which the member- ship had voted 10 to 1 to join the Third' International, and mobilized the Chi- cago police against their comrades In the emergency convention in Chicago. Over 50 regularly elected delegates were kept out of the Germer convention by the Chicago police under Germer's personal orders. Every i)ossible effort was made by these delegates to secure seats in that convention and win the official control of the party's organization machinery for the party's revolu- tionary majority. But when the Germer convention proceeded to do business without even waiting for a report from their contest committee, every left wing delegate that had already been seated, withdrew and joined with his excluded comrades. These delegates, representing a majority of the party membership, then met at the call of the N. F. C. that had been elected by referendum, held the legal emergency convention of the Socialist Party, and transacted the business for which the membership had sent them. Then and there was discarded the outgrown shell of old reactionary official- dom and compromising tactics that had been hampering the revolutionary de- velopment of the party. Then and there was the party transformed into a party of Communist socialism in accord with the mandates of the party's revo- lutionary membership. As an outward token of this inward transformation that had already taken place, the name of the party was changed to Commu- nist Labor Party, and the hammer and sickle of the Bolshevikis was adopted as the party's official emblem. Let now the dead old party bury Its dead. Let us leave the opportunist reform elements in the old Socialist Party and the international of Scheide- man. Let us gather the revolutionary proletarian elements in the Commu- SEDITION. 121 nist Labor Party and set our faces toward the new day ; toward the rising sun ■of the Communist international. III. Why are two parties of Communist socialism now emerging out of this glorious hour? Why is there a schism in the Communist ranks? The germ was planted by the old N. E. C. when they expelled part of the left wing elements and left others in the party. Sensing the danger in this situation a conference was held in Chicago between representatives of the -expelled units and the left wing forces still in the party, and it was agreed to carry on the fight within the party for party control by the revolutionary membership until it had reached its logical climax In party convention. The expelled units were to keep themselves intact, ignore their expulsions and reenter the party at the first opportunity. Within two weeks the Michigan-Russian federation coalition violated this joint agreement and began boosting for a separate party. The question was again debated at the national left wing conference in New York, and again the majority decided to carry on the struggle within the party until the natural climax in convention. The Michigan-Russian con- vention call was turned down, and a motion by Fraina adopted, instructing the left wing council to " call a conference in Chicago for September 1 of all Tevolutionary elements willing to unite with a revolutionized Socialist Party •or with a Communist Party organized by the left wing delegates seceding from the convention of the Socialist Party, to be be held August 30." The issue arose for a third time at the new N. E. C. meeting held in Chicago July 26. Fraina and Ruthenberg were again present, and again opposed the Russian-Michigan convention call. Again they agreed to carry on the fight within the party until the emergency convention. They voted specifically to instruct A. Wagenknecht, the executive secretary, to rent a separate hall for the emergency convention, to convene on August 30. Within a week they flopped. The left wing national council, which had Ijitterly fought the Michigan-Russian coalition split, and by majority vote abjectly capitulated before the organized power of the central executive com- mittee of tlie Russian federation. As late as August 2, the following statement, signed by Ruthenberg and Fraina, appeared in the Revolutionary Age: " Should the emergency convention rule in favor of the shameful acts of the ■present autocratic national executive committee, then the left wing delegates to this convention shall immediately^ organize a new Communist Party, repre- senting the vast majority of the present Socialist Party." Nothing there about going to the convention called by the " organization committee " of the Communist Party, but a provision was adopted to " include such federation groups as might want to join with the left wing on September 1." (Rev. Age, Aug. 2, page 6.) Then the Revolutionary Age turned a somersault and began to play its financial masters' tune by abusing as "centrists" all those that did not join it in its flop. IV. Those left wing delegates that were not keeled over the Russian fed- eration machine carried the original program, three times agreed to in con- ference by Ruthenberg and Fraina, through to its logical ■ conclusion at the emergency convention, and did all in their power to bring about unity between the two Communist groups. We sent a committee of five to meet with the Communist Party organization committee even before the Communist Party convention began, but were merely told to wait. - , . T. Later the Communist convention, under the absolute control of the Rus- sian federation machine, refused even to elect a committee to confer with us on unity. Then their English-speaking delegates went on strike and threatened to bolt, and the second day they condescended to elect a conference committee. But they did not even consider uniting the two organizations. Their only answer to our invitation was that we might apply for admission to their con- vention as individuals, that their credentials committee would seat those that it approved as delegates, and that the rest of us would be permitted to occupy a special section in their convention hall to look on. We did not demand that all our delegates should be seated. But we did insist that if we met in joint convention it should be on an equal basis of Communist comradeship. We suggested that the two conference committees should act as a joint credentials committee to go over the rosters of both con- ventions and see whether there were irreconcilable elements, leavmg those 122 SEDITION. open for discussion. This fair offer was turned down by the Communist Party, and we were told again that we could only come to them as individuals giving them the absolute power to select only those that they pleased. Our convention then elected a different committee, who personally invited the Communist convention to meet us informally In a joint session, where the rank and file of the two bodies could talk over the heads of their oflSclals, discuss with each other the problem of getting together and avoid the crime of organizing two parties of Communism. This offer met with the same answer as the others. When it became apparent that the officialdom of the Communist Party would succeed in preventing unity during the conventions, the Communist Labor Party convention adopted the following resolution: " Be it resolved. That the Communist Labor Party issues a standing Invitation to the Communist Party to meet, on a basis of equality, In unity conference, and " That we Instruct our national officials and committees to accept every such invitation from the Communist Party or from any other revolutionary work- ing-class organization." This motion was adopted without one dissenting voice. It expresses the official position of the Communist Labor Party on the question of unity to-day. We stand ready at any time, anywhere, to meet on an equal basis of comrade- ship. All that agree with us on the principles of communism, all that desire to affiliate with the third international, for the purpose of uniting all communist elements here in the United States into one powerful working-class party. V. If there was any fundamental difference of principle between the Com- munist Party and the Communist Labor Party, then we would not favor unity of the two, for a lasting unity can be achieved only on the basis of agreement on fundamental principles. That such agreement on principles is a fact will be evident to anyone that compares the platforms, programs, and manifestos of the two parties. Both conventions based their pronouncements squarely upon that of the Third Inter- national. Both are in accord with the left wing program of New York. Both are worthy expressions of the principles of international communism. Because of this fundamental agreement some comrades make the mistake of assuming that the issues between them are merely questions of personality and ambitions of " leaders." If that were true, it would make but little differ- ence which party wins the communist comrades to its ranks. But there is a very serious difference between the two parties in their f6rm of organization, a difference that must be thrashed out if the parties meet in unity conference, a difference that should be noted by every comrade before he joins either party. The Communist Party is being organized as a federation of units that are almost entirely independent of each other. The Communist Labor Party is being organized as one homogeneous mass. The Communist Party has copied from the old Socialist Party its form of autonomous foreign federations. Each federation is a practically Independent unit. Federation branches pay dues direct to translators in Chicago. Once a month these translators turn over the party's share. They and their central executive committee have power at any time, by simply withholding the dues, to split their entire organization away from the party and smash the party' to pieces. The Communist Party has within its very form of organization the seeds of its own destruction. The Communist Labor Party has solved this problem by simply having the foreign-speaking branches pay their dues through the same channels as the English-speaking branches. They will thus learn to consider themselves as in- separable parts of the local and State organization instead of mere foreigners in a strange land. Our language federations will be encouraged in their work with a far more generous ^share of the dues than in the Communist Party, but their secretaries and executive committees will have no power to split them away from the party unless the membership Itself demands. it. The Communist Party is developing an organization divided against Itself on nationalistic fines. The Communist Labor Party is putting all, foreign as well as American born, on an equal footing of comradeship within its ranks, on a basis of true Internationalism. A party organized like the Communist Party could hold together easily as long as it fought the reactionary Socialist Party officialdom. It may last while it contests with the Communist Labor Party for the affiliation of the Com- munist elements of the old party. But when its campaign settles down to the SEDITION. 123 Steady grind of literature distribution and the humdrum tasli of winning members, one at a time, then the discordant elements within its ranks must Inevitably assert themselves and bring about more splits, perhaps a final smash-up. Why build a party on such a basis that a few leaders have the power at any time to tear down what you build? Especially when you know that some of these leaders frankly state that they believe the proper tactic is to bring about situation within the party that will result in split after split, so as to preserve a Simon pure nucleus of " leaders " to rally the proletarian hosts on the morn of the revolution? The Communist Labor Party does not follow this policy of " exclusion " It adopts a policy of inclusion, and holds that aU that agree on fundamental principles should be kept united in one party. It places its reliance not so much on a nucleus of leaders as upon the development of clear vision among the great mass of Its membership. It will exert itself to educate all its mem- bers and to hold and make proletarian warriors out of all that join it, unless they actually prove traitor to the working class. The existence of two Communist parties Is a crime. But it Is far better to have two parties, one of which is being built upon a sound basis, so that it can live and grow, than to have only one party built on such a basis that It must surely die. Already signs of disintegration can be discerned in the Communist Party. They will become more evident as the weeks go by, unless the officials of the Communist Party see their error, come into unity conference with the Communist Labor Party, and adopt the form of organization that experience teaches to be necessary for a revolutionary working-class party. VL It is futile to try "boring from within" the Communist Party. Any member that joins that party with the idea of thereby forcing unity merely strengthens the position of the officialdom that Is opposed to unity by paying his dues to them. Only by refusing to pay dues until they agree to a unity conference can tbe membership of the Communist Party force their officials to act. Refuse to pay dues to the Communist Party officials. Adopt resolutions instructing them to unite with the Comtnunist Labor Party. Threaten that you will bolt the Com- munist Party unless they accept the unity invitation before November 1. That is the way to get action. That is the road to unity. Comrades not yet affiliated with either party can help to bring unity by join- ing at once the Communist Labor Party which demands unity and is doing all it can, without turning traitor to the membership, to make unity a fact. If you agree with our platform and program, if you Indorse the funda- mental principles of communism, if you desire to clasp hands in Communist comradeship with the Bolsheviki and the Sparta cans in the Third International, and if you believe that all comrades in' this country that stand on these funda- mentals should be in one party, then join the Communist Labor Party at once. Join now, and help with the tremendous task that confronts us. Help develop the organization, help fashion the instruments with which to reach America's 30,000,000 wageworkers with the message of emancipation, and rally them to the banners of international ^communism to establish the world-wide workers republic. To this task the Communist Labor Party calls you. Answer to-day, comrade ! Massachusetts. — ^Local Adams has pledged itself for unity between the two parties. Local Worcester is investigating. The largest Lettish branch in the United States, that In Boston, which was mainly Instrumental in financing the Revolutionary Age, refuses to abide by the Communist Party constitution which provides that all language branches must join their language federation. The Boston Lettish branch is independent of the Lettish federation. Colorado. — Send due stamps and supplies at your earliest convenience. (Lizabeth Williams, acting State secretary.) New York.— In New York County and The Bronx we have 15 branches and in Kings County we have 10 branches with more to follow. (Edward Lind- gi'en.) Montana.-^Butte Is busy for the C. L. P. This city should and will have one of the largest C. L. P. locals. 124 SEDITION. A CALI, TO TOU TO " tFP AND DO." "We've laid away our Sunday suit and donned overalls. We're going to forget about our Sunday suit until industrial democracy is "With us. We're going to stay in overalls until we've made a clean-up.. We're going to clean up capitalism, not by reforming it. " Cleaning it up " to us means cleaning it out. It has got to go. It's going to go. But it probably never would have gone !had we continued our biannual, half-hearted, spasmodic, childish, election-day jabs at the monster. Election-day jabs will continue, of course. But that's not all, nor half. We -shall now be on the job every day of the year, schooling, training, assembling ■our forces, in the mine, mill, shop, and field; and political and industrial ^action henceforth is to be everyday's work. The class struggle Is an everyday struggle, and a revolutionary party must be active every day If it is to function as. the workers' weapon in the struggle. True enough. We have been rather culpable in the past. We thought that a handful of elected comrades could win us the new day by making a motion for it in the legislative halls. Most of these comrades never got as far as even -a contemplation of a notion of such a motion. Many of them, the minute capi- talism's retainers, found out that they could not be assimilated, were kicked out •of the legislative halls. And now shall they stay " kicked out " until another election day rolls around? Shall the forward march of the workers be halted because the capitalist class has flung back into the faces of the workers com- rades elected to political office? We've had real pleasant moments in our election days' experiences. The slogan was — " Vote and it shall be given you." That was a little better than praying for it, but not much. We voted and then we waited. And we're ■waiting yet. We're still going to vote, but we're not going to wait any longer. There's a job for every one of us every day of the year and every Communist- Socialist will be found on the job from this time on. Study the platform and program of the Communist Labor Party. It tells you what to do. And if we do what it commands us to do all together — then world is ours. ONCE MOKE WE DEMAND UNITY. The unity resolution which appears upon the first page was sent the Com- munist Party upon the second last day of Its Chicago convention. The national officials of the Communist Party have not, to date, even shown the courtesy of an answer. The following motion, made by Max Bedaclit, is now before the national ■executive committee of the Communist Labor Party for its vote. Already a majority of this committee has voted in the affirmative upon It. As soon as voting upon this motion closes, the communication It embodies will be sent to the national office of the Communist Party. National executive committee motion 3, made by Max Bedacht : That the executive secretary of the Communist Labor Party be instructed to send the following invitation to the central executive committee of the Com- munist Party : To the central executive committee, Cmnmunist Party: Dear Comrades; The national executive committee of the Communist Labor Party invites the central executive committee of the Communist Party to meet with it on November 1, 1919, or as near to that date as possible, in Chicago or some other place agreed upon — First. For an informal discussion of a basis for a formal unity conference and a mode of procedftre for such a conference. Second. If a basis is agreed upon, to then and there hold a unity conference In all smcerity we await your immediate and favorable answer and remain for a united communist movement. National Executive Committee, Communist Labor Party. Will the Communist Party officials deign to answer? Will the rank and file demand frunUy?^^^ '''™" "'""" """""^"^ °**^^'^'^ *° ^«"«""« *» iS"°"e the SEDITION. 125 California: Local Jose has affiliated with the C. L. P. Local San Francisco meets to decide this question on October 15., It is fully expected that The World, the Oakland paper, circulation 10,000, will become one of the Com- munist Labor Party battery. LOCALS ATTENTION. No more orders for the convention edition of the Communist Labor Party News can be filled. The edition Is exhausted. Orders for thousands more than we could fill came to hand. All orders on file will be filled by sending this edition. Order a bundle : This issue of the Communist Labor Party News should be placed in the hands not only of every member of the G. L. P., but also of the C. P., the S. P., the S. L. P., the W. I. I. U., and the I. W. W. We can not do that from here. That task is your task. You can sell enough of them at meetings at a nickel each to pay for a wide- spread free distribution, if you order a bundle at once ard get on the job. Rates: One cent a copy. Order enough to cover your cabbage patch. Buy a charter stamp : Got a dollar? Buy a charter stamp. It will prove your charter membership in the Communist Labor Party. Your purchase of one will help pay for needed local, State, and national organization work. Got a dollar? Buy one! New Jersey : We will, in a few days, organize a local in Essex County and then we intend building our State organization, for Hudson County is already organized. In Essex County two English branches will affiliate with us, many members of these branches being already with us. — L. F. Wolf. The largest Russian branch in the United States, that at Camden, has joined us. COMMtTNIST LABOR PAETT TJNITEn STATES OF AMERICA WORKERS UNITE. National Headquarters, 3207 Clark Avenue, Cleveland, Ohio. A. Wagen- knecht, executive secretary. National executive committee : Max Bedacht, California ; Alexander Bilan^ Ohio; Jack Carney, Minnesota; L. B. Katterfeld, Kansas; EJdward Lindgren, New York. Alternates : L. K. England, Illinois ; Edgar Owens, Illinois. Labor committee: Chas. Baker, Ohio; L. K. England, lUinoLs; Benjamin. Gitlow, New York ; R. E. Richardson, Utah ; Arne Swabeck, Washington. International delegates : John Reed, New York ; A. Wagenknecht, Ohio. FORWARD, MARCH. From Tampa to Chicago, from California to Rhode Island, the Communist Labor Party is gathering power in numbers to a degree entirely unexpected. Entire State organizations are joining our ranks. State conventions are being held in States where the party machinery is in control of the reactionaries. Orders for dues stamps are reaching the 20,000 mark and the beginning has only been made. Our success will be phenominal when once we have established the party's machinery and our contemplated army of organizers takes the field. We are winning and the victory against reactionary, socialism is just as Important as any victorious tussle with the capitalist class. We have cleaned the weapon wherewith we intend to battle. The rust of moderate socialism, the dullness of pure parliamentarism has been washed away and we now, stand forth bright and keen for the fray. Comrades from all parts of the country are lending a hand in the Initial work of establishing avenues of activity. No time and energy is spared by these self-sacrificing revolutionists. New York is being welded into an intact and efficient battalion. New Jersey has leaped to the front in the last week and will be a stronghold of the Communist Labor Party. Oregon and Washington have officially affiliated. California has placed its dues stamp order. Ohio is lining up. Illinois has held its State con- 126 SEDITION. vention. Kansas and Missouri are organized for the party. And so we might go on to tell you the good news, but space forbids. The Communist Labor Party is now an established organization. Let those who hate to see us grow die in their hate. Let the insipid criticism, the rag- tail arguments of all who find joy in childishly calling names go on and on. We are strengthened by it all, for only that which is feared is fought. We shall build. We are in fact building. In a month the Communist Labor Party will be recognized as the virile, forceful party of communism in the United States. Join us in our march forward and ever onward ! AFFILIATE. Any branch, local, county. State, or federation of the old Socialist Party, the Communist Party or the Socialist Labor Party, indorsing the platform and program of the Communist Labor Party may affiliate with this party as an organization. Simply have the officers of your organization send notice of your vote to affiliate to the Communist Labor Party at once. Should a majority of your organization be opposed to this, then all those members that indorse the principles of communist socialism should immedi- ately organize anew as subdivisions of the Communist Labor Party and apply for a new charter or join as members at large. If you have a Communist Labor Party State office, please send your appli- cation there. If you do not know who the Communist Labor Party State secretary is, then mail to the national office, Communist Labor Party, 3207 Clark Avenue, Cleve- land, Ohio. Please decide definitely at your next meeting. Let's organize at once for the great task of rallying America's 30,000,000 wage workers to the banners of international communism. RUSSIANS DECIDE FOE COMMUNIST LABOR PARTY. The executive committee of the United Russian branches has decided to advise all affiliated organizations to join the Communist Labor Party. This will affiliate approximately 18 Russian branches with the C. L. P. At a membership meeting of the five Russian branches of New York City, which are affiliated with the United Russian branch organization, it was unani- mously decided to join the O. L. P. The national committee of the German Socialist Federation voted 41 to 8 to join the Communist Labor Party. At a general membership meeting we voted to affiliate with the C. L. P. — Mary B. Tlchenor, St. Louis. Things ar booming in Rock Island, and Mollne is also organized for the C. L. P. — Edgar Owens, down State secretary for Illinois. MORE GOOD NEWS. The Communist Labor Party seems to me to be the only one of the three par- ties that we can consistently support.— W. B. Dillon, New Mexico. " Send me immediately 2,000 each of charter stamps, dues stamps, and dues cards." — Edward Llndgren, New Tork acting State secretary. "Russian Federation branch 4, of Kings County, N. Y., voted 127 to 13 to Join the Communist Labor Party." — ^Morris Zucker. The first Russian communist branch of Chicago has applied for a charter in the Communist Labor Party. ' We have the Scandinavian branch of Duluth and Local Duluth, 400 members, with the C. L. P. — Jack Carney. The Italian branch of New York City, having withdrawn from its federation intends organizing a Communist Labor Party Italian Federation. BE A CHARTER MEMBER. Read the platform and program of the Communist Labor Party published in this issue. If you can conscientiously indorse them and agree to abide by the party's constitution, then we invite you to sign this application at once SEDITION. 127 and turn it into the local or State office of the Communist Labor Party, or mail it to the national office, 3207 Clark Avenue, Cleveland, Ohio. Sign this blank, and with us clasp hands in comradeship with the Bolshevikis and the Spartacans in the Third International. (If you are already a member, use this and get a member.) Application for membership Communist Labor Party : , " I> the undersigned, recognizing the class struggle between the capitalist class and the working class, and the necessity of the working class organizing Itself politically and industrially for the purpose of establishing Communist socialism, hereby apply for membership in the Communist Labor Party I have no relations (as member or supporter) with any other poUtical party. I am opposed to any form of trading or fusing with any such organizations. In all my actions while a member of the Communist Labor Party I agree to be guided by the constitution and platform of that party." ^^»™®'/; • Occupation, . Street address, . Initiation fee, $1. City, . State, . Dues at 50 cents a month. Age, . Date, . Papers and literature, . Give name of your union, Donations, . Proposed by, . Total, $ . Where do you work? PAKTY NEWS. Telegram: Rhode Island State convention voted by an overwhelming ma- jority to affiliate with the Communist Labor Party. — J. P. Reid. Local Kings, the largest left wing local in New York, and at one time the second largest local in the United States, decided to affiliate with the Com- munist Labor Party. Telegram: Oregon affiliates, by vote of State convention, with the Commu- nist Labor Party. Rush stamps and charter. — Cusack, secretary. " We concur in the report and approve the action of our delegates to the na- tional convention and indorse the Communist Labor Party, and we instruct our State secretary to transact all business with the national office of the C. L. P." Passed at the meeting of the State executive committee, Wash- ington. Harry D. Felton, for local Syracuse, N. Y., calls for leaflets for the steel strikers and writes : " In line with our program and policy we must now get on the job by going to the workers on the job." Conditions in St. Louis are very favorable for a large C. L. P. local. Bell- ville comrades are also with us. — ^Max Bedacht, national organizer. I do not Intend to do organization work outside of Rock Island County, but depend upon me to see to it that we get a strong organization in this industrial center. — Perry Shipman, Rock Island, 111. Now that the German branches have affiliated with the 0. L. P., we shall go to work to build up the English branches in New Jersey. — Louis F. Wolf. Cincinnati, Youngstown, Toledo, Sandusky, and other of the larger locals In Ohio have affiliated with the C. L. P. Inclosed I am handing you, on behalf of Mrs. Brown and myself, a check for $30 for the general work of the Communist Labor Party. — Wm. M. Brown. Local Denver decided with but Ave dissenting votes to join the Communist Labor Party. We have at the present time about 225 members in good stand- ing. — ^H. Intenmaun. The local at Worcester, Mass., requests a C. L. P. speaker, together with a C. P. speaker, so that it may receive the information needed to decide its affiliation. October 19 will be the date of the Texas State convention. A New York telegram: Besides the branches already reported to you, the First and Second Russian branches, the Third, Fifth, Tenth, and Seventeenth A. D. branches, three German branches, have joined the C. L. P. in Man- hattan. Also an organization has been formed in the Eighth A. D. In the Bronx the Third Russian branch, the German branch have joined us, and the Third and Fourth A. D. are organizing. The New Jersey First Russian branch has also joined us, as has the Newark Fort Lee branch. — Ben Gitlow. The Pulaski County local of Arkansas has decided to align Itself with the C. L. P. " I am glad to report that we have organized a new county organization •with about 13 branches. It is a good start. Send 500 dues stamps and sup- 128 SBDITIOIT. plies at once. As soon as we have had several county meetings we intend to- organize surrounding territory."— Henry Petzolt, West Hoboken, N. J. A mass convention of German branch party members in Chicago decided for the C. L. P. Strong Communist Labor Party organizations have been formed in Missouri and Kansas. J. P. Cannon is the district secretary for these two States, in- cluding Nebraska. Cannon writes : " The first new Kansas local of the C. L. P. . has been organized in Crawford County. Credit for this belongs to Comrades Creviston and Bloor." Chicago has been organized for the C. L. P. Jas. Meisinger has been named special organizer. Cleveland has been organized for the C. L. P. Most of the active members- of the former Socialist Party local have joined. Beatrice Sedgwick is doing splendid organization work for the party in Delaware. James Dolsen is now organizing in California. State Secretary Taylor has sent his first order for dues stamps. He writes : " From now on you will hear good reports from me. You may rest assured that California will be solid behind the C. L. P." Tampa, Fla., has been heard from. C. L. P., of course. EUTHENBEEG WHAT CONSISTENCY. Ruthenberg, at a very recent meeting of your Cleveland organization you sponsored and had adopted a resolution reading in part as follows : " That an Ohio State convention be held in which all former Ohio locals of the Socialist Party shall pe entitled to the same representation they had in the State con- vention of June 28." Ruthenberg, you know that a number of these " former Socialist Party- locals " have reaffiliated with the Germer policled reactionary Socialist Party .. Ruthenberg, you and your fellow officials of the Communist Party claim it was a crime even to attend the emergency convention of the Socialist Party,, and here you are calling a convention, in which you ally yourself with reac- tionary Socialist Party locals, in order to beat the Communist Labor Party- Will your own Cleveland organization stand for this, Ruthenberg? Will the national official of the Communist Party stand for it? What consistency ! OHIO STANDS ITS GEOUND. The program and platform of the Communist Labor Party are so far above criticism that Communist Party officials do not attempt to attack them, but instead are wasting much paper and ink criticizing the Ohio State organiza- tion for continuing its municipal campaigns. The Ohio State organization was the first political party in the United States to adopt a Communist platform, a uniform municipal Communist platform- strictly in accord with the principles of International Communism, upon which every local in the State must make its campaign. Upon this basis, nominations were made, tickets filed, and the educational campaign well started long before the national convention at which the party's name was changed. It is unfortunate that the name can not be changed locally until after the election, and that the campaign must be conducted under the Socialist Party name. But that can not be helped. In this tactic the Ohio Communist Labor Party has an illustrious prede- cessor. Even the bolshevlkis of Russia carried on campaigns under the Meh- shevik name in order to defeat Mensheviks for election, and in order to be able to use the campaign for their educational propaganda. Only petty peanut politicians, concerned with mere labels instead of prin- ciples, with phrases instead of facts, will raise this issue against the Ohio comrades. Serene in the consciouness of keeping faith with the class-conscious workers the Ohio State organizaUon pursues its even course, and uses the present cam- paign to carry the message of working-cla.ss solidarity in the Communist inter- national to the great working class of the State of Ohio. SEDITION. 129 A WOBD OF CAUTION. Avoid mud-slinglng contests with Communist Party members. Remember that It is not negative vituperation but positive propaganda worli that counts. The great mass of the old membership will not join in the activities of any party as long as 'their principal activity is mutual recrimination. The overwhelming majority of Jimmie Higginses want to make Commu- nists out of the heathen. They will affiliate and work with that party that most earnestly applies itself to his task. 'NufC said. COMMUNIST LABOE PAETT PEESS. This is an Incomplete list of Communist Labor Party papers. Any paper owned by party organizations and indorsing the Communist Labor Party will be added to this list by notifying the national office. All Together, 3207 Clark Avenue, Cleveland, Ohio, monthly, 25 cents; Communist Labor Party News, weekly, 50 cents; bundle of 5 for 10 weeks, 50 cents; Ohio Socialist, 3207 Clark Avenue, Cleveland, Ohio, weekly, $1 ; Oregon Party Bulletin, 131* Second Street, Portland, Oreg., monthly, 25 cents; Party Builder, Box 687 Everett, Wash., monthly, 25 cents; Truth, Room 191, Stack Building, Duluth, Minn., weekly, $1.50; Volkszeitung (German), 15 Spruce Street, New York City, daily and weekly; Workers' World, Box 697, Kansas City, Mo., weekly, $1.50. MAKE A MEMBERSHIP EOLL. Every member of the Communist Labor Party is to receive the weekly Com- munist Labor Party News direct by mall from the national office as soon as the membership rolls can be made up and second-class mailing rates secured. So that this can be done as soon as possible, every local should immediately make up a complete list of all members, with correct addresses. Blanks will soon be furnished for sending them to the State and national office. In the meantime every local should order a bundle of Communist Labor Party News for 10 weeks, so that the members will be sure to be informed of the important developments in the party ranks. Bundle of 5 for 10 weeks, 50 cents. Larger bundles, same rate. Order at once. INFORMATION WANTED. Wouldn't you like a little information about the Russian federation of the Communist Party? Wouldn't you like to see a financial report of all its money transactions for the past year? Wouldn't you like to know how many dues stamps its translator secretary bought in the last five months? Wouldn't you like to know how many of these dues stamps ever reached the branches? Wouldn't you like to know just how many members of this federation carry dues cards? Wouldn't you like to know how many of its boasted 12,000 members are only found "on paper"? Wouldn't you like to know how much money the Russian federation con- tributed to the left wing cause before August 30? Wouldn't you like to know what they ever did for the left wing movement, except pose as its dictators?. Wouldn't you like to know just when the Ukranlan, Lithuanian, Polish, South Slavic, and Hungarian federations will wake up and demand that they be given full voice and vote in the management of their party? 166718—20 9 130 SEDITION. Exhibit G. hands off soviet russia. ! The imperialists of the world are continuing their infamous armed interven- tion in Soviet Russia. The counter-revolutionary Czarist generals, backed up by allied troops, allied ammunition, and allied money continue shedding the blood of the Russian workers and devastating the territory of the proletarian Re- pubic. Moreover, the Allies are tightening the iron ring of the blockade around - Soviet Russia, thus dooming millions of women and children to unheard of misery, starvation, and disease. All this is being done because the workers .and peasants of Russia have cast ofE the yoke of exploitation and oppression and have devoted themselves to the task of recorfstruetlng their life on such foundations as will eliminate all oppression of the poor by the rich, all exploitation of the toilers by the capitalists. This is why the capitalist countries,- where all the power is concentrated in the hands of the big commercial and financial interests, are waging this predatory war against Soviet ■ Russia. Defending their class in Russia they are thereby protecting their own interests, for they know that the example set by the Russian workers will inevitably be followed by the workers of their own countries. Hence, America's participation in this war against Russia ! American troops are still on Russian territory, and American ammunition and money are still being used for the purpose of strangling the only proletarian Republic in the world. America's intervention in Russia is frequently referred to as President Wil- son's private war. This is correct only, in so far as the formalities required for the waging of this war have not been complied with: It is being carried on without the consent of Congress. Yet, as a matter of fact, it is not altogether President Wilson's private war. It is rather the class war of the American plutocracy, the class war of the International money bags. American capital is vitally interested in crushing Soviet Russia and it does not stop at mere technicalities, even if it means the violation of laws of its own creation.. In waging this war. President Wilson plays the part of the faithful servant of the American plutocracy. American workers, you must realize this and bear it firmly in mind. You must know that every American soldier sailing for Russia, goes there to shed the blood of the Russian workers and peasants who are now engaged in a desperate struggle against the capitalists of the world — ^those brigands of the international highways. You must bear in mind that every rifle, every can- non, every machine gun which is being sent from the United States to Russia means death for the many Russian workers and peasants who are sacrificing themselves in order that the workers the world over may be liberated from the yoke of international capital. Workers of America ! it is not sufficient to know and to bear all this in mind — you must act accordingly. Your slogan must be : Not a soldier for war against Soviet Russia, not a cent, not a rifle to help wage this war. This slogan has already been adopted by the British, French and Italian workers. Ii> Great Britain, in France and in Italy the workers are refusing to load ships with ammunition and provisions destined for the foes of Soviet Russia. The soldiers are refusing to go to the Russian fronts ! American workers, you must follow their example! To every invitation to play the part of Cain toward your Russian brothers, to every request of the American Government to enlist for active service in Russia, or to load ships for the bloodstained Russian White Army, there must be one answer : " Hands off Soviet Russia." The Communist Labob Party of Ameeica. Exhibit H. [CommuniBt Labor Party News, Nov. 7, 1919. Harlem headquarters, 1538 Madison Aveaue. 1 Workers of the world, unite! You have nothing to lose but your chain.si and a world to jrain '■ ' The emancipation of the working class must be accomplished by the workers themselves ! SEDITION. 131 Second anniversary Russian Soviet Republic, mass demonstration and cele- bration at Laurel Garden, One hundred and sixteenth Street, between Madison ,and Park Avenues, Friday, November 7, at 8 p. m. Speakers : L. C. A. K. Marten, soviet ambassador to United States ; Gregory Welnsteln, editor Pravda ; Ludwlg Lore, editor Volkszeltung ; James Larkln, Irish Transport Workers' Union; Benjamin Gltlow, Ella Reeves Bloor, I. A Goldstein. Admission free ! Come in masses and celebrate the second year of the only workers' government in the world. Long live the, third international. Long live the workers' Republic of Russia. Committee on the Judiciaet, House of Representatives, Washington, D. C, February 6, 1920. The committee assembled at 10.30 o'clock a. m., Hon. Andrew J. Volstead (chairman) presiding. The Chairman. Mr. Johnson, you may proceed with your state- ment. STATEMENT OF HON. ALBERT JOHNSON, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF WASHINGTON. Mr. Johnson. Mr. Chairman, I am much interested in the efforts being made in both House and Senate! to find a true definition of sedition, to make way for the enactment of laws for the punishment of sedition. At the outset let me say that my few years of service in the House have convinced me that there is wisdom in numbers, and that the continued criticism of delay in Congress is not justified ; that the Nation benefits by the passing of bills from a committee in one branch to a committee in another brancli, thence to the Committee of the Whole House, and in reconsideration as in this case ; I think that the handling of the particular subject of sedition is a case to prove the point. This is the most important subject in the United States to-day, and the one subject that will not down until it is settled. I am in hopes that this committee will bring forth a bill defining sedition clearly and sharply, and willful incitement to sedition, and then let the bill stop. I do not think it is necessary to add para- graphs mentioning the circulation of newspapers and the discussion of free speech, or the like of that; for the reason that the people of the United States generally know what is sedition. I think they realize the necessity for a more accurate definition than we have in the present law. I think the people will accept a broad definition of incitement to sedition; so that if I, as a newspaper publisher, write and print articles inciting to armed revolution, or to force and violence, I will be easily reached under a bill that you will bring forth. The Chairman. How about organizations that advocate that sort of thing? Mr. Johnson. I am afraid, Mr. Chairman, that the organizations which, to date, have rather openly preached violence will continue to do so secretly, if they can riot do it openly, and always preaching up to the breaking point. That has been the trouble. But as it shall become more and more certain that aliens can not do that thing in 132 SEDITION. the United States, we shall have less trouble with our native born and naturalized " force and violence " fellows, and with true sedi- tion legislation on our statutes, they will soon find it desirable to keep within bounds. . . Your question, Mr. Chairman, leads me to say that I have been interested for years in trying to find the dividing line in the whole socialistic array. In my mind I can see a socialistic ladder. The feet of the ladder rest on the Marxian doctrines, and the sides are spliced with Bakuninism. In the mind of the socialist himself, the ladder reaches to dizzy heights — to Utopia, where neither brain nor brawn count. To start climbing this ladder you must first of all be an inter- nationalist. And what classes do we find on the rungs of the ladder, attempting to climb to the heights of Elysium. On the first rung we find the plain, common socialist, a simple working man, actually be- lieving that he will find in socialism some relief for himself and his brother workingman — and in his hand is the red flag. On the next rung you will find probably a man just out of college, a recent graduate with lots of ideas, not well defined; he plays at socialism. On the rung of the ladder above that you will find your pa.rlor socialists, many of them seeking notoriety, and many others belong- ing to classes whose needs in this life have been filled through the activities of their parents, and they talk socialism without knowing how it will work below, on the ground, or higher. On the next highest rung you may find the commercial socialist — ah, yes; there are such, who find that it pays to write socialist books, and make socialist lectures. At last count one of these had written 101 books, and he is still in the prime of life. And then on the next rung of the ladder you will find your £. W. W.'s, actually preaching the destruction of property, sabotage, and things like that — and that is where your trouble begins. And above those on the socialistic ladder, you will find the com- munist ; and on the top rung of all you will find the anarchist, who is not a socialist at all, but who has in his hand the same red flag that the man on the first rung of the ladder has ; and the poor fel- low on the first rung never seems to realize that the dime or the dollar that he contributes goes to the support of some enemy of the Government on the top rung of the ladder. Where is the line between the preaching^ of sedition and the dis- cussion of political rights ? It is almost mvisible. Every man on that latter wants a general strike; every man looks for, works for the overthrow of the present social condition. But there is a line of demarkation. That line is where they begin to preach the over- throw of the 'Government by force ; when they call for assassina- tion; for arms, for physical effort; for the destruction of life and property; for the violation of criminal statutes. That is where sedition begins. If not, then our present laws con- cerning sedition, are sufficient. AiidT think, Mr. Chairman,' that you will need a stiff bill which, while it will not attempt to deny the right of publications to the use of the mails, or abridge free speech, or ban free assemblage, will have in it a clause which will cover the willful incitement to sedition. Otherwise, the law that you have might cover every purpose. SEDITION". 133 I have here a chart taken from Pressendean's Study of Ameri- can Syndicalism. This chart shows the labor organizations of a radical or socialistic type in the United States prior to the I. W. W., beginning in 1866, with the name of the labor union; and theii there were breakings off from that, until in 1877 we find the Social- ist Labor Party ; and then there was a breaking off of that into the Detroit I. W. W., and then the Western Federation of Miners branch ; the chart shows how that organization broke off at differ- ent times, and the indications are that the branches were always quarreling among themselves about just how far they will go in preaching the destruction of property and trying to teach and preach revolution. We have been conversant for a long time with so many of these divided lines of activity that many of us have said, "What does it ainount to? They are small in number, and they are always divid- ing off and breaking off, and can never become dangerous." But the situation finally comes around to the point, as we have it in many parts of our State of Washington now; where there is ah-. solutely no middle ground, no place for debate. I think every man and women out there is in one camp or the other — the conservative camp or the radical camp — and that means a bad condition which must be met, so long as there are a few extremely radical and dan- gerous leaders who preach, in season and out of season, the over- throw of this Government, and who say continually that nothing can be accomplished except by force and direct action. Mr. Chairman, let me call attention to the fact that deportations are not made in the same way as convictions under this or any other criminal law. The public is inclined to confuse the two pro- cesses. Deportation does not imply punishment; it is not the re- sult of a trial, except a mere hearing. Deportations are for the good of this Government, and are made according to hard and last rules concerning his admission which he violates when he does certain things. For instance, an alien admits that he is an anarchist. The law says that anarchists shall be deported. Therefore it does not make any difference what kind of an anarchist he is — philosophi- cal, Bakunin, or otherwise, he must be deported. But if he is a citizen he must commit the overt act. But in my opinion when we make sure that we can deport from the United States every alien who comes here and tries to preach revolution and teach it, write it, advocate it, and at the same time make sure that no native-born or naturalized person in the United States shall preach actual sedition, without a pretty sure chance of his arrfest and trial, the disturbances in the United States will quickly right themselves; because we will admit, of course, that up to a certain rung of the ladder which I have described, all of these socialists are entitled to their views as political views. No matter how foolish those views may seem to many of us, they are entitled to them. , I shall take one concrete case of which I have full knowledge. ■Let us not say for the present whether the man is an alien or a citizen. Let us consider what happens to him if he is an alien and whiat does not happen to him if he is a citizen. This man in Boston recently had a meeting and called upon those in his hearing for direct action and every kind of violence for the 134 SEDiTiosr. overthrow of the Government and the destruction of property. " Wipe out every evidence of the ownership of property," he said. " We get nowhere by moving politically ; we must act. It may seem to you that we do not act with sufficient rapidity and why don't we move faster. Because we are met by policemen, and each policeman is armed. Each policeman with his revolver is equal to 15 or 20 of us, but the time will soon change when every one of us will be equal in force to that policeman." Thereupon this communist official pro- ceeded to collect an assessment from his followers for the purchase of revolvers. What happens to such a man if he is an alien? He is subject to deportation on his failure to prove that he did not make such a statement. But if he is a naturalized citizen (which he was) what can you charge him with? Can you prove sedition? Have you any law under which you can charge him with incitement to sedition? Even if those dupes only go so far Avith their revolvers as to await some strike in Boston, when they may loot and riot, shall we per- mit that same preachment? Can such a man stand on the right of free speech in the United States of America? Now, if that man had advocated the burning of factories or the destruction of machinery he could have been prosecuted under the State antisabotage or criminal syndicalism law. But what law has the Nation to reach him and his crime? Mr. Igoe. May I ask you a question ? You stated that the- people in your State, or your section, were divided into two groups. Mr. Johnson. Yes. Mr. Igoe. And there was no middle ground? Mr. Johnson. I do not find any middle ground. Mr. Igoe. May I ask you how they stand numerically ? Have you any idea as to that? Mr. Johnson. I will say this, that in the great city of Seattle, a city with probably 400,000 people, a school election was held six or seven Aveeks ago, at which election the radical element of the city put forward for school directors three well-known radicals, one being James Duncan, priesident, I think, of the city labor council, the central labor body — and many of the labor bodies there seem to have departed from the Samuel Gompers influence — and to have become extremely radical. They put up Duncan for the school board ; also two others, and they were defeated by only about 4,000 votes, I believe. However, the spirit of indifference or carelessness that has affected all of us caused several thousands of the nonorgan- ized, nonradicals, to remain away from the polls. That election is about to be followed by a city election, at which this James Dun- can will run for mayor; and the issue is clearly drawn, as I have said, and everybody is in one camp or the other. Mr. Igoe. Do I understand you correctly to mean that the people who are associated or affiliated with this Duncan faction are people whom you would like to reach by legislation of the kind we have under consideration? Mr. Johnson. Oh, by no means. Only those in that faction who . persist in calling on the people of the United States to act with force and violence against this Government. That is why I have just said that with this " direct action," " force and violence " ele- ment obliged to obey the law the situation becomes political. If the SEDITION.- 135 people desire to divide into " radical " and " conservative," or " lib- eral " and " conservative," they have a perfect right to do so. In fact, I look to see such a division quite widespread in the United States. And thus will the proposed, so-called "revolution" fade. Let them have free speech and right of assemblage, but not for advo- cating actual sedition. In fact, the willful advocacy of sedition should be on all fours with sedition. I think everyone believes that; but we liaven't a Federal law that clearly says so. Mr. Igoe. Well, I understood you to say that things of that char- acter should be reached because there was not any middle ground? Mr. Johnson. No; I am sorry I did not make myself quite clear. I said the result of our failure to have laws to punish those who clearly go beyond any possible right of freedom of speech, or of the press, has led to the condition where all of us must, by the very nature of things, be in one camp or the other, and we should not have in either camp anyone who would destroy the Government. Mr. Igob. Have you had any jprosecutions under the State law ? Mr. Johnson. Yes; we have had prosecutions under the State law with success. We found it necessary to describe some of these new crimes under State law, such as sabotage, etc., and that has helped the situation. Mr. Igoe. Have those statutes been inserted in the record of our hearings ? Mr. Johnson. I am sorry to say that I have read only a few of the hearings of this committee. But we have collected in the hear- ings of the Committee on Immigration, in which this very subject came up in so far as it relates to aliens, all of the statutes of the States, and I will be very glad to distribute those among the mem- bers of this committee. Mr. SuMNEKS. May I ask you a question? I want to know whether you care to experss an opinion as to what percentage of those radicals believe in the exercise of force to bring about what they deem to be necessary reforms, and what percentage of this diffi- culty, if you may so describe it, arises from the influence of foreign- ers who could be reached by deportation, and what percentage comes • from our domestic population? Mr. Johnson. Well, I can not answer that; I can not give the numbers. A few dangerous foreigners are bold leaders; others are the merest dupes. "That is what is happening: Leaders of the ultra radical associ- ations, groups, or communes are signing up the alien dupes — get- ting them to sign in writing manifestos which advocate the over- throw of the Government by force. The dupe signs the manifesto. If he is an alien he is deportable. Mind you, that applies to aliens. No matter if he was told that he was joining a political party who proposed to pave the way for him to better himself in the United States. He has failed to observe our rule and must go. With the naturalized citizen or the native-born citizen, it is different. I need not go into details. This is also happening: These ultra radical associations are, ]ust as fast as they can, eliminating certain dangerous, vicious state- ments from their constitutions and manifestoes. They know just as well as we know what is clearly illegal. They see what is com- ing ; and hence in the revised song book, and in the revised platform 136 SBDITIOH". of the I. W. W., they are trying to cut out enough to evade the law, but they keep as close to the border as they can. Mr. SuMNERS. Are they cutting it out of their hearts, or merely cutting it out of their printed matter? Mr. Johnson. They are only cutting it out of their printed mat- ter; it is still in their hearts. But if we look upon it entirely as a political matter, we will have to let this division into two camps come, as it has come in parts of the State of Washington.' One word more as to the alien danger : I have contended for years that the American Federation of Labor made the mistake of its life when it allowed aliens to come into the unions, because that gave the opportunity to the alien to vote in the union, and thus gave him a power that he would not have had otherwise by his inability to vote in the United States. And the American Federation of Labor temporized not only with that foreign element but with the ultra radical, revolutionary element, to the point that they excused membership- ■ Mr. StJMNEES (interposing). Let me interrupt you a moment; you are from out West, where they have had this experience. What part of our difficulty, from your observation, is imported and what part of it developed in this country ? Mr. Johnson. That is very hard to say, because the whole base frame of socialism and communism is imported. All the Socialists that are well up the lihe look forward to the time, as they state, when the whole element of internationals all over the world will form together and bring about a great strike. Mr. Stjmner. I mean in your own State, how many are foreigners ? Mr. Johnson. In my State the foreign-born number is about 25 per cent. The percentage of actual aliens is less. A great many of our naturalized citizens hate this red-flag stuff. But among the laborers the alien membership is heavy. Whenever a strike occurs, the I. W. W. leaders go among the Greeks and Finns and take them into membership ; and while they are letting others in with the payment of no fee whatever, during a strike they will charge the Greeks $20 apiece if they can get it ; they do not care anything about the principle. At least they_ have done that thing to my knowledge. Take my particular district, where a great criminal trial is now in process, the case in which certain I. W. W. members are charged with the Centralia assj),ssinations ; it was with the greatest"' difficulty that an agreement was made as to some place of trial Where a fair trial might be had. There are 250 or 300 witnesses in the case ; and the labor unions have sent private juries to observe the case and re- port to the unions as to what kind of trial was being conducted ; the American Legion has sent ex-soldiers from all over the State, in uniform ; and the I. W. W. has stationed mobs in the near-by towns ; and there will be all of this excitement around thete while this trial is going on which will run for many weeks. Mr. Igoe. Let me ask you a question : You say you have had sedi- tion laws and laws passed against those radicals in the State of Washington within the last few years! Mr. Johnson. Yes. Mr. Igoe. Did you have any in years past ? Mr. Johnson. We undertook about five years ago to pass a syndi- calist law. SEDITION. 137 Mr. Igoe. That was the first one? Mr. Johnson. Yes; that was vetoed by the governor; and then the governor died — or I think the law was passed over his veto ; and it has only been a law for about two years. Mr. Igoe. Prior to that time, did you have any effective law on the subject? Mr. Johnson. We had no effective law. Mr. Igoe. Did you have any law at all on the subject? Mr. Johnson. I can not say, but certainly we did not have an effective law. But before that we tried under the Federal statute to convict some of these fellows. Mr. Igoe. What I want to know is whether the passage of this law has had any beneficial effect? Mr. Johnson. Yes; I am. sure of it. Of course, out there in the timber country this thing became an issue 10 or 12 years ago. Mr. Igoe. One of the contentions is that the passage of a law like this would do more harm than good, and I was trying to get at the effect of the law you passed on the subject. Mr. Johnson. It will be good, provided you don't go too far. Make the law firm but not repressive of any right. That is the appeal that I am trying to make. I think our law has been effective. I am very sure that the Oregon law has been effective. And I feel perfectly sure that the passage of a Federal law, just making a certain definition of sedition, and also the incitement to sedition, will be effective, and that no one can deny that the United States should have such a law. Let the radicals turn into liberals and they will be glad we have such a law. Then they can print and talk and say anything they want to; advocate anything they wish except sedition or actual incitement to sedition. Further, in this proposed law why should we be afraid to use the word "sedition" because it is unpleasant? We want it to be un- pleasant ; we want it to be a heinous crime. If the issue is coming, it has to come, and if you want to make sure that you have not criminals in your great political body trying to pretend that they •are acting in a political sense you should pass a law whereby the political fight must be made with the criminals out of it. I intended to discuss the Hadley bill, advocating a sharp modi- fication of it in detail, but what I have said will indicate my views and I hope point the way. I conclude by affirming that the Graham bill will not do at all; it overreaches all that is necessary. The Davey biU now before you goes too far; also its sections concerning aliens are not necessary and are impracticable. You can not well denaturalize a man after he has renounced allegiance to some foreign country and then make that country take him back. That country will say, "No; he renounced us; he swore allegiance to you; he learned his sedition of you ; he is not our citizen now, and we can't take him." Gentlemen, I thank you for your attention. . Mr. Eakek. Mr. Chairman, I will not take up any of the time of the committee now; but at some time convenient to the committee before you close these hearings, I would like to present the situation as to syndicalism law that is upon the statute books of California, and to show how it has operated and the splendid results that are 138 SEDITION. being obtained, and also to make some general observations to the committee upon this bill. The Chairman. We will be glad to give you the opportunity. Mr. Davet. Mr. Chairman, I desire to say a few words in introduc- tion of Mr. Newton, attorney general of New York. I want to say that I have been tremendously impressed by the work of the.Lusk investigating committee in New Yort; and I urged upon Gen. Newton to come down here, because of his close and inti- mate knowledge of the situation growing out of the Lusk investiga- tion. He has some things of great interest and importance to pre- sentj and he will present them now. STATEMENT OF HON. CHAS. D. NEWTON, ATTORNEY GENERAL OF THE STATE OF NEW YORK. Mr. Newton. Mr. Chairman and gentlemen of the committee, I would very much prefer to have such questions asked of me as I may be able to answer. However, if you want me to talk a little about the Lusk investigating committee and some of the things that we have discovered, I should be glad to do that. I do not know just what your procedure is. The Chaieman. Well, the committee probably will be glad to have you make a general statement, and then the members will probably proceed to ask you questions, if they care to do so. Mr. Newton. The Lusk committee was appointed by the Legisla- ture of the State of New York for the purpose of investigating seditious activities and radicalism in the State of New York, and to determine if there was such a thing as an organized effort on the part of any class or number of men to overthrow the Government by force and violence. Contrary to the general custom, as attorney general I was asked to be counsel to the committee ; it is not a duty that is imposed upon the attorney general to thus act. In fact, in our State those com- mittees generally go out and hire a good lawyer and pay him $25,000 or $50,000 for his services. And, of course, it goes without saying, that the labor that I have given to the committee has been without any compensation, except my salary. I am frank to admit to the committee that in May, when this Lusk committee was appointed and organized, had I been advised ot told that there was any great number of people organized for the purpose of overthrowing this Government by force and violence, I would rather have laughed at the idea. I had been brought up in the country, living in a peaceful and quiet section of the State, quite removed from the great cities, where I have since discovered that the greater portion of this radicalism exists I would have admitted, probably, that there was now and then some " cracked pot " standing on a soap box on the corner who had in his mind (and a disordered mind, at that, probably) some well-defined notion that he had power enough to overthrow this Government by force and violence. But if I had been told that there was any great proportion of men or of organizations engaged in such business I would hava doubted it. And you will pardon me if I suggest that my attiude, coniin-y SEDITION. 139 as I did, from that section of the country, is now the attitude of a large class of people who have not had the opportunity to investi- gate and know and study what I have since come to believe is a serious situation. In that investigation we exiamined a very great number of wit- nesses. I believe I have sent to Representative Davey all of the testi- mony, excepting the last few hearings that were held up-State, at Buffalo, Rochester, and Utica; and I am going to leave with him this volume [indicating] of those hearings, because, to my mind, they contain much of interest in the way of testimony from witnesses which shows concrete examples, concrete efforts, on the part of thase organizations to overthrow this Government by force and violence. We have in the State of New York a statute known as the " Crim- inal Anarchy Statute." I have brought over a typewritten copy of that statute; and if it is the desire of the committee I shall be glad to leave it with the committee. The Chairman. We will be glad to have it inserted in the record as part of your remarks. (The statute referred to is as follows:) PENAL LAW ANAfecHY. Sec. 160. Crimmal anarchy defined. — Criminal anarchy is the doctrine that organized government should be overthrown by force or violence, or by assas- sination of the executive head or of any of the executive officials of govern- ment, or by any unlawful means. The advocacy of such doctrine either by word of mouth or writing is a felony. Sec. 161. Advocacy of criminal anarchy. — Any person who — 1. By word of mouth or writing advocates, advises, or teaches the duty, necessity, or propriety of overthrowing or overturning organized government by force or violence, or by assassination of the executive head or of any of the executive officials of government, or by any unlawful means ; or, 2. Prints, publishes, edits, issues, or knowingly circulates, sells, dlstribute.s, or publicly displays any book, paper, document, or written or printed matter In any form, containing or advocating, advising or teaching the doctrine that organized government should be overthrown by force, violence, or any unlaw- ful means ; or, 3. Openly, willfully, and deliberately justifies by word of mouth or writing the assassination or unlawful killing or assaulting of any executive or other officer of the United States or of any State or of any civilized nation having an organized government because of his official character, or any other crime, with Intent to teach, spread, or advocate the propriety of the doctrines of criminal anarchy ; or, 4. Organizes or helps to organize or becomes a member of or voluntarily as- sembles with any society, group, or assembly of persons formed to teach or advocates such doctrine, is guilty of a felony and punishable by imprisonment for not more than 10 years, or by a fine of not more than $5,000, or both. Sec. 162. AssemMaffes of anarchists. — Whenever two or more persons as- semble for the purpose of advocating or teaching the doctrines of criminal anarchy, as defined in section 160, such an assembly is unlawful, and every person voluntarily participating therein by his presence, aid, or instigation, is guilty of a felony and punishable by Imprisonment for not more than 10 years, or by a fine of more than $5,000, or both. Sec. 163. Permitting premises to he used for assemblages of anarchists. — The owner, agent, superintendent, janitor, caretaker, or occupant of any place, balding, or room, who willfully and knowingly permits therein any assemblage of persons prohibited by section 162, or who, after notification that tho prem- ises are so used, permits such use to be continued, is guilty of a misdemeanor, and punishable by Iniprisonnient for not more than two years, or by a fine of not more than $2,000, or both. Sec. 164. Liability of editors and others. — Every editor or proprietor of a book, newspaper, or serial, and every manager of a partnership or incorpo- 140 SEDITION. rated association by which a book, newspaper, or serial is issued, is chargeable with the publication of any matter contained in such book, newspaper, or serial. But in every prosecution therefor, the defendant may show in his de- fense that the matter complained of was published without bis knowledge or fault and against his wishes, by another who had no authority from him to make the publication and whose act was discovered by him as soon as known. Sec. 165. Leaving State with intent to elude provisions of this article.— A. person who leaves the State, with intent to elude any provision of this article or to commit any act without the State, which Is prohibited by this article, or who, being a resident of this State, does any act without the State, which would be punishable by the provisions of this article if committed within the State, is guilty of the same offense and subject to the same punishment, as if the act had been committed within this- Sate. Sec. 166. Witnesses' privilege. — No person shall be excused from giving evi- dence upon an investigation or prosecution for any of the offenses specified in this article upon the ground that the evidence might tend to convict him of a crime. But such evidence shall not be received against him upon any criminal proceeding. Mr. Newton. This statute has been used recently in New York with a good deal of success. The statute was passed by the State of New York shortly following the assassination of President McKin- ley ; and was suggested by reason of the fact that at that time there was no law in the State of New York which would meet the situa- tion of organized violence, or organized effort to overthrow the Gov- ernment, or no law against the teaching of sueh a doctrine. In New Yorlj we secured several indictments under this statute, There have been three or four trials, resulting in convictions. No one tried so far has been acquitted who has been indicted by the ex- traordinary grand jury that was called at the request of the district attorney of New York and myself — a joint request on Gov. Smith. The governor gave us the extraordinary grand jury, with Justice Weeks presiding ; and they have been operating since last August. Yesterday, we obtained the conviction of Benjamin Gitlow, who was a former member of the Assembly of New York; he was elected on the socialist ticket and had become a communist ; and he pub» lished the manifesto of the Communist Party. He was well de- fended, I have no doubt, no less a personage defending him than Clarence Darrow. The jury, 1 understand, was out a little more than an hour, and brought in a verdict of guilty yesterday. I would like to call attention to the fact that section 163 of the Criminal Anarchy statute goes so far as to make a person who know- ingly permits his premises to be used for the assemblage of anar- chists or these radical organizations, guilty of a crime. Mr. Gaed. Will you permit a question at this time ? Mr. Newton. Yes. Mr. Gaed. Has not that same section been introduced in two bills in Congress, one by Mr. Husted and one by Mr. Siegel ? Mr. Newton. I have had no opportunity to examine any of those bills. Mr. Gaed. Did you include that in your bill, Mr. Husted? Mr. HirsTED. Yes. Mr. Gaed. There are about 12 or 14 bills on the subject and my understanding was that that section was introduced in their re- spective bills by Mr. Husted and Mr. Siegel, «who are both members of the New York bar. Mr. Newton. Yes ; I was speaking of that more especially to show that thereunder convictions could be had in the State courts for a SEDITION. 14 X violation of these statutes. And if I am correctly informed, this criminal anarchy statute of the State of New York, up until the war started, at any rate, was the only statute of any State that went to the length that this does to protect the public. Mr. Gakd. Well, is it your idea that this statute takes care of all cases which arise — cases of sedition bordering on treason which arise in the State of New York? Mr. Newton. I think that under this statute prosecutions could be had, probably, in cases where it was needed, although Mr. Gaed (interposing). Your judgment is that the law is effec- tive ? Mr. Newton. My judgment is that the law is effective, like all other laws, when it is properly^ Mr. Gard (interposing). Administered? Mr. Newton. Administered. Mr. Gajrd. That is true ; that is the test of all laws. Mr. SuMNERS. I would like to ask you this question, if it would not interrupt you : It seems to me that there are two very important matters involved in this. One, of course, is the danger to the pub- lic, peace which arises out of agitation by men who claim it is right to change our form of government or overthrow it by the exercise of violence, and then there is the influence upon public opinion of these agitations which would make public opinion unfair to just daimg for proper reformation and improvement on the part of a large class of American people. Now, to what extent, under your observation, is public opinion influenced by these radical agitations against a fair consideration of the just claims of workingmen and other men for relief from conditions which may, in fact, be unjust? Mr. Newton. Well, I do not think it is yet, because my observa- tion is that the general public have not very much idea so far of the seriousness of the situation that confronts us. Now, there might come a time when we would be so aroused, if everybody knew the length to which this radical element seeks to go, that a suspicion that one was guilty would be enough. That, of course, I would abhor. I believe every man should be ' Mr. Stjmners. What I have in mind is this: We have, I think, in my State a very definite expression of public opinion, and I think it is influenced a great deal by these radical agitations to take an antagonistic attitude to what we ordinarily know as organized labor as a body; and I was wondering whether a similar condition had come under your observation, ■ or if you had suiRciently observed it to express an opinion in regard to that tendency in the country with which you are in close contact? Mr. Newton. No; I think there is a gulf between these radicals and communists who seek to overthrow this Government by force and violence and the decent element of organized labor that is so wide that you can not see across it. Mr. Sumnees. The point is, what does the general public think about them? That is what I am trying to get at, if you have had any observation of that? Mr. Newton. Well, my observation, in connection with the Tmsk committee has been, that organized labor, as I understand organized 142 SEDITION. labor, the elements of organized labor who believe in protecting the working man and who believe in a fair day's wage for a fair day s work, are all opposed to radicalism. Mr. Sttmners. You do not get my meaning yet. I ^m trying to find out what effect upon public opinion with regard to the just claims of these laboring men these radical agitations have, so far as your observation goes ? Mr. Newton. I was just about to state that. Mr. Stjmnebs. I beg your pardon. Mr. Newton. I was going to add that, that being so, the people generally — well, not everybody ; I do not want to say that organized labo/has been unjustly dealt with alwaj^s; I do not think it has; but the fact that the people, generally, realize the effort that organized labor is making to put down radicalism — and they are doing it as much every day as any other one organization — is making friends for or- ganized labor every day. Mr. HusTED. Is it not true that organized labor has been assisting in this prosecution ? Mr. Newton. Absolutely. There are two elements, if I may be pardoned for stating it, who have done more to assist us, to meet the conditions and unearth the direct action of the radicals than any other two. One is organized labor, the better elements of organized labor as headed by Mr. Gompers and Mr. Freney and his officers, and the other is the Catholic Church — and I am not a Catholic. But I think that credit should be given them, because they, or many men prominent in that church, have given us every assistance. And all of what I called organized labor, and thought of and understood to be organized labor, the labor organizations that were interested in pro- tecting their members, getting better working conditions, better pay and better hours — those people-are as bitterly opposed to radicalism as any other organization that I know of. Mr. Sumnees. And the public in your section of the country un- derstand and appreciate that fact, do they ? Mr. Newton. I think they do. Mr. Stjmneks. That is what I wanted to get at. Mr. Newton. I think they do. And while I am on that subject, let me say that in the manifestoes of the communists and other radicals they show themselves that organized labor is their great- est enemy, because organized labor advocates a fair day's work for a fair day's wage, and the radical element take the position that they must do away with the wage system entirely. Mr. GooDTKOONTz. What has been the attitude of the New York jjress on this subject — the newspapers generally up there ? Mr. Newton. Well, I think the newspapers as a class have been very favorably inclined to the Lusk investigation. There are some other investigations in our State that they are not so kindly dis- posed to [laughter]. But as to the Lusk investigation, as distin- guished from any other investigation up there, I have found that they are very friendly towards it and that their comments, in the main, haVe been favorable. Mr. GooDTKooNTz. Some of them have been criticizing the Attor- ney General and the Department of Labor for deporting some of those fellows. SEDITION. 143 Mr. Newton. Some of the New York papers? Well, I would like to be in the position, as attorney general of New York, to get some of that kind of criticism. Mr. GooDTiLOONTz. I am glad to hear you say that. Mr. Walsh. Do you care to say how many people there are in the State of New York who are organized with the idea of over- throwing the Government by force and violence ? Mr. Newton. I think it is safe to say that, in the city of New York alone, there are between 300,000 and 500,000. Mr. Igoe. Then the statute has not been very effective in prevent- ing the development of that ? Mr. Newton. Well, we got an extraordinary grand jury, and the first investigation was in September last Mr. Walsh (interposing). Now, that is to overthrow this Gov- ernment; they are organized to overthrow this Government? Mr. Newton. All governments ; all " capitalistic " governments. Mr. Walsh. How well equipped are they to do that ? Have they got any arms or ammunition? Mr. Newton. I have not found any. In answer to the suggestion of the Congressman that we have not been very efficient over there with this statute, I think it is safe to say that no one, up until this past summer, realized to any degree the seriousness of the situation. Mr. Igoe. May I ask this: I presume that these people that you speak of belong to societies or parties — for instance, the Communist Party? Mr. Newton. The Communist Party. Mr. Igoe. You include that in your list ? Mr. Newton. Yes. Mr. Igoe. Do the members of that party, the rank and file, know and understand, in your opinion, the purpose of the organization, that purpose being to actually overthrow the Government by force and violence? Mr. Newton. They certify over their signature when they sign their card that they have read the manifesto of the Communist Party, that they know what is in it, and that they adopt it without any quibble at all. And the manifesto of the Communist Party in words advocates the overthrow of all capitalist governments by force and violence, if necessary. Mr. Igoe. Will you put in your statement the particular clause of that manifesto which does that ? Mr. Newton. I think I have it here. Mr. Igoe. You need not stop to do it now ; you may insert it at this point in the record later on. It might be interesting to have that particular clause put in your statement. (The extract referred to is as follows :) Sec. 2. Applicants for membership shall sign an application card reading as follows: , , ., The undersigned, after having read the constitution and program of the Communist Party, declares his adherence to the principles and tactics of the party and the Communist International agrees to submit to the discipline of the party as stated in its constitution, and pledges himself to engage actively in its work. Mr. Newton. I have no set speech to make. 144 , SEDITION. Mr. HusTED. Have you not,xin the various headquarters in the city of New York, unearthed tons of literature advocating the de- struction of the Government by force and violence ? Mr. Newton. Yes; in different forms, all leading to the same end. I have here [indicating] the manifesto and program, pamphlet No. 1, of the constitution and reports of the Communist Interna- tional, which was adopted in Chicago, I think, in September last, and I would like to leave that with the committee. There was prepared in my office and under my direction a digest of the left-wing manifesto and an article entitled " Commumst Party," which appeared in the " Eevolutionary Age." That is a radi- cal newspaper published in New York, and Benjamin Gitlow, who was convicted yesterday, was one of the editors of it. This was published on July 5 and July 19 last. Mr. Walsh. What punishment is Gitlow liable to ? Mr. Newton. Ten years is the maximum penalty. Mr. Igoe. And in his address to the jury I think I read the other day that he almost invited conviction — ^that he did invite it? Mr. Newton. Well, if he did he was accommodated, at any rate; the verdict of the jury was against him. I do not know whether you gentlemen would be interested in it, but I have here a copy of the remarks of Judge Weeks upon the rendering of a verdict, com- plimenting the jury upon the good work they had done in the case. Perhaps you have seen that? Mr. Gaed. I have not seen it. Mr. Walsh. Mr. Newton, you stated that you estimated that there were from 300,000 to 500,000 of these people in the city of New York. How many would you estimate there are outside of the city but within the limits of the State— if you care to make such an estimate? Mr. Newton. Well, it would be only a guess. We raided the radical headquarters in the city of Buffalo. You must understand that the communist party did not come into existence until last September. There was sometime in October a branch of this party organized and a charter given to a local, as they call it, in Buffalo. Our raid was in December, about Christmas time, and my informa- tion is that they found something over 400 cards in that short time in the city of Buffalo. Mr. lopE. Cards of members, do you mean, who had signed them ? Mr. Newton. Members; yes. And the district attorney of Ene County has indicted some 50 or 60. Mr. Igoe. Would membership alone in that constitute a violation of the law? Mr. Newton. Justice McAdoo, of New York, has so held in an opinion. And the decision in the Gitlow case is so interesting that I am going to ask permission to leave that with the committee. I will read some extracts of it before I finish. Mr. Summers. Can you give the committee any idea as to what percentage of these 300,000 or 400,000 people are native-born, and what percentage immigrated to this country comparatively recently ? And in that connection, can you give us any information as -to whether or not a part of this drifting away has resulted from the fact that those people have been to a degree isolated from the in- SEDITIOK. 145 fluences of ordinary American life and ideals— that the people of that section have failed to give them a notion of the kind of Gov- ernment we are trying to have over here; and that by reason of their isolation and society's failure in that regard, they become pretty easy victims to the radical agitators? Mr. iSpEWTON. My observation is that they are largely foreign; it is largely a foreign element, and largely an alien element. But that leads me to one suggestion that I want to leave with this committee before I go away: iVay be entirely wrong about it; but I think the man who has become a citizen, and who by education and training knows something of our institutions and laws, who goes out working with this ignorant class to get them to assist in the overthrow of this Government by force and violence, is a more dangerous man than the foreign element. Mr. Summers. Yes. Mr. Newton. And I want some committee to listen long enough to make it possible by statute to revoke citizenship papers for dis- loyal acts and disloyal utterances. Mr. Gard. That would not affect the native-bom citizen, how- ever? Mr. Newton. No; because of course the native-bom citizen does not have citizenship papers. Mr. Gard. What is your idea of the proper remedy for the re- moval of this desire for a revolution by force and violence in the minds of those 300,000 or 500,000. people in the city of New York? ' Mr. Newton. I do not think I quite understood your question. I was thinking at the moment of another question that I had not yet answered. Will you let me hear that question again ? The Chairman. Just before you do that, because it would be going off on another subject, let we ask one question. Mr. Gard. Certainly. The Chairman. Is there any power in the Govenunent to can- cel the -certificate of citizenship ? The Constitution, as I remember it, provides that a person who has been born or naturalized in this country is a citizen. Can we by statute repeal the citizenship ? Mr. Newton. Of course, you are asking me a legal question; and I do not claim to be much of a lawyer. I should regret if, by fraud The Chairman (interposing). Well, if it was for fraud in ob- taining citizenship, it has been suggested thtit it could be repealed. Mr. Newton. I think it has been so held. Now, I think that when a man with a mental reservation takes an oath to support the Con- stitution of the United States when he knows in his heart at the time he takes it that he is not going to do it, that is a fraud. The Chairman. Well, of course, if you can prove it ; but you may not be able to prove it. Mr. Newton. But you can prove enough, if there is any willful attempt at the Government, to satisfy a right-minded court. The Chairman. You do not need any law on that, I suppose; that is a fraud which would justify setting it aside under the general law. Mr. Newton. Well, I think it. should be carefully examined into. I am telling what I think would be wholesome. 166718—20 10 146 SEDITION. The Chairman. Yes; I would not object to that. Mr. Newton. And I am old-fashioned enough to believe that there is a little common sense left in the laws yet. The Chaieman. "Well, we have that constitutional condition; and we have had that provision in a dozen different bills here; and my impression was that it was not constitutional ; and I was trying to jfind some lawyer who would say that it was constitutional. Mr. Newton. Well, I will not disagree m 'th you at the moment, be- cause I have not examined the question. Mr. Gaed. You stated a moment ago that there were 300,000 to 500,000 people in the city of New York, aliens and other foreigners, mostly aliens, who believed in overthrowing this Government and all goveirnrtient by force and violence. From your observation and investigation, what is the proper remedy for overcoming in the minds of those people such a condition ? Mr. Newton. Education ; an effort on our part to teach them the benefits of our country — as much effort as there is on the part of the others to teach them that they ought to overthrow it. Those people are meeting children on the school-house steps with primers of disloyalty printed in all the languages of the world, and getting them to take those home to their parente to read. Mr. Gaed. Unquestionably, in my mind, the remedy is that of assimilation, if possible, of these people with Americans and Ameri- can ideas. Mr. Newton. That is what I mean by education. Mr. Gaed. Just now how can we accomplish that among the people of whom you have spoken? Mr. Newton. Well, I can appreciate that it is some task; but I think a , great effort can be niade by changing the systems in some of the public schools, and by starting in to teach the children the benefits of the Government, and by a general enlightenment of that class of people. It has even been suggested in our State that there should be set aside every day certain hours to teach the adult some features of the American form of Government, and compel him to learn how to read the English language. Of course, that is a task which anyone can see is a tremendous task if you attempt to do that. Mr. HusTED. Do you not think that in many cases with a good many of them it is simply a case of viciousness rather than lack of education? Mr. Newtoij . I think that is true of the leaders, but I do not think it is true of the masses. Mr. HusTED. No ; I do not think so either. Mr. Newton. For this reason: This is a beautiful picture that they present to the ignorant man. I have here, for example, a re- ported speech of a man who was running for alderman in New York last fall. He comes before his aujiience up in the Bronx, and this is what he says to them — ^just to give you an idea of how catching it is. He says: I don't wonder that you are late in getting to this meeting to-night. And I see that you are all looking pretty tired. .1 left lower Broadway in the subway this afternoon with you on my way home, and I came as far as Twenty-third Street ; and you were all packed in the subway like sardines in a box, hanging on to the straps, and all tired out, most of you. SEDITION. 147 "Now, I have a jitney, and so I thought I would get out at Tweuty-thlrd Street and come up Fifth Avenue and see how the capitalist class went home from their day's work; and I drove my little jitney along the side of the street, and I saw the capitalist class — ^the persons that you are a slave to, earning the money to support them in their luxury— riding home in their limousines. Now, how would you like to come up Fifth Avenus from your work, and to give your family the benefit of a limousine to get home? Now, of course, everybody would like to have that for himself and his family. " Well," he said " Vote for me for alderman ; and next year you can all ride home in a limousine." Mr. Boies. It would be a good idea if you could educate that man by calling his attention to some drastic statute, would it not ? Mr. Newton. Yes. Mr. Walsh. Well, of course, you can not put. those 300,000 to 500,- 000 people in jail up there. Mr. Newton. I am going to say this about sending those people to jail ; it is a notion probably that is peculiar to my own mind : In some instances, the more radical ones should be convicted and sent to jail ; it will deter others. But in the main with that class of peo- ple, thesending of that man to jail is making a martyr of him; he invites jail. And so far as the alien is concerned, I would not send him to jail; I would send him back to the country from whence he came. And I want to say this: That in the trial of cases, which has been the principal part of my business, if I could find out what the fellow on the other side did not want, I always thought that was the mean- est thing I could do to him; and I find that the men and women generally say, " Do anything to us, but do not send us away ; do not send us out of the country ; send us to jail ; do anything with us, but we do not want to be sent back." Mr. HtJSTED. Do you not think that the enactment of a proper statute such as the one that we have in New York State would tend, to a considerable extent, to suppress the effective advocacy of these doctrines ? Mr. Newton. Yes, Mr. Igoe. Well, it has not done so; you have had the statute for 16 or 18 years? Mr. Newton. There never has been a prosecution under it until this year. Mr. Igoe. Well, how jnany indictments have been brought under that statute that are pending now? Mr. Newton. That would be a guess with me. There are more than 100 that I know; of in various parts of the State— in New York City, The Bronx, and Buffalo. ilr. Igoe. You have indicted the leaders and officers of these or- ganizations ? Mr. Newton. Well, as to those indictments I want to acquit the attorney general's office. The attorney general of the State of New York has nothing whatever to do with criminal prosecutions, except when he is directed by the governor to supersede a district attorney. The indictments are iound by_ the grand juries and the prosecutions are brought by the local district attorneys. 148 SEDITIOK. Mr. Igoe. Do you find that those indictments have any effect upon the membership of those societies — I mean in the way of causing the members to understand the nature of the societies and the nature of the movement, and to cause them' to withdraw from the societies and repudiate them? Mr. Newton. I can answer that with one concrete case. In the raid that we had in Buffalo there was a notice sent to one of the members that he owned $1 or $2 dues; and he sent back the notice with a letter in which he said : I am not going to pay these dues ; and I want you to accept my resignation, because I can not see anytliing that you are going to accomplisli except to get us all into trouble ; and I want to keep out of trouble. But I think they do stop the different organizations from in- creasing their membership. Mr. Gaed. Do I understand correctly that this statute in New York was passed first as a result of the assassination of President McKinley by a f oreigne]>— Czolgosz, I think his name was ? Mr. Newton. Yes. Mr. Gard. And to take care of the situation that then arose ? ■ Mr. Newton. Yes. Mr. Gaed. And since then it has laid practically dormant until 1919, when it was applied to the so-called communist party? Mr. Newton. If I am correctly informed, there never was a prose- cution brought under it until this extraordinary grand jury, ap- pointed by Gov. Smith, brought the indictments last Septeiriber. Mr. Igoe. Do you recall under what statute that famous case in New York against Johanne Most was brought? Mr, Newton. How long ago was that? Mr. Igoe. I remember hearing of the case in connection with legis- lation we had pending. It was some time in 1895, I understand, or thereabouts. He had circulated some anarchistic literature. Mr. Newton. Well, I do not know. Mr. Httsted. This work, I assume, can only be effectively car- ried on by propaganda, and the statute enables you to prevent the dissemination of the propaganda, either by literature or by holding public meetings or by out-door advocacy? Mr. Newton. Yes. Mr. Htjsted. Now, with reference to the suggestion of Mr. Igoe that this statute has been in existence for quite a number of years and that very few indictments have been had under it, is it not true that the occasion for bringing this statute into active operation on a large scale is of comparatively recent origin? Mr. Newton. So far as the general public know about it. They take the position, however, that now the time is ripe — ^by reason of the war and the unsettled condition left in the minds oi a large class of people growing out of the war — ^that now is the time to strike. Mr. Igoe. This development has largely been, then, in the last year o» two — that is, the recruiting of these 300,000 to 500,000 advo- cates to this cause ? Mr. Newton. So far as the Communist Party is concerned, it has been since September, last. Mr. Igoe. Yes ; I understand that. And that of course grew out ■ of the division in the Socialist Party? SEDITION. 149 Mr. Newton. You have always had an I. W. W., or have had ever since I can remember, which operates in various parts of the country ; they are probably on all fours with the Communist Party. Mr. Igoe. I understood that the Communist Party membershiiJ was approximately 60,000 ; at least, those were the figures given us a day or two ago. Mr. Newton. "Well, you did not understand me as saying that the 300,000 or 400,000 radicals are all members of the Communist Party? Mr. Igoe. No ; I mean all organizations having the same principles and advocating the same methods. Mr. Newton. Yes. Mr. StTMNEES. Let me ask you this one question, to boil it right down : This is your idea of how the situation shdiJld be dealt with : First, shut off the socialist press, which you regard as poison, or as dispensers of poison, as you look at it ? Mr. Newton. Yes. Mr. StJMNERS. And having shut off the supply, then you would not have so much to counteract? Mr. Newton. That is ciorrect. Mr. StJMNERS. And the next step ^ou would regard as necessary is the proper education to make good citizens out of them ; is that your idea? Mr. Newton. Yes. I would first stop the distribution of that radical propaganda ; that could be done at once. Mr. Goodtkoontz. On that point, would you give the Postmaster General plenary power to prohibit that matter going through the mails ? Mr. Newton. He has it now. Mr. Goodtkoontz. He claims otherwise. The Chairman. I was informed by some member from New York State that several months ago, in the city of New York, there were constant appeals made by so-called soap-box orators for the over- throw of the Government by force. Since you have commenced those prosecutions, do you know whether there has been any cessation of that? Mr. Newton. Yes; their suggestions and speeches have been very much modified, because it has hecome know that in the places where radical speeches are apt to be made, we had stenographers taking down their speeches, and that those speeches would be used by the committee ; and they have moderated materially. The Chairmajst. How has it affected the printed matter — ^news- papers, and thing of that kind? Has there been any substantial change in those ? Mr. Newton. I think some of them are better, and some worse. Some of them have grown more radical — some of the radical pub- lications in New York, the Eevolutionary Age, for instance ; it does not seem to have much effect on them. Mr. Neelt. Could you not reach this Eevolutionary Age by your State law? Mr. Newton. Yes, sir. The two editors have been indicted, and one of them was convicted yesterday. Gitlow was one of the editors of that paper; he was convicted on the publication of the com- munist manifesto and the comments upon it in his paper. 150 SEDITION. Mr. Neelt. De you know whether that communist manifesto that you spoke of is similar to the manifesto issued recently by the Union of Russian Workers and circulated widely throughout the country? Mr. Newton. Yes. Mr. Neelt. You have seen that, have you ? , Mr. Newton. Yes ; they are similar ; in many respects identically. Mr. Neelt. Does this manifesto that you speak of recommend or advocate, as the manifesto of the Union of Russian Workers does, the assassination o:^ the most prominent officials of the Gov- ernment ? Mr. Newton. No. Mr. Neelt. And the destruction of jails and the liberation of all prisoners? Mr. Newton. Yes. Mr. Neelt. Just as the manifesto of the Union of Russian Work- ers teaches? Mr. Newton. They believe in the destruction of all property; that is, the taking over of all property, the release of all- Mr. Neelt (interposing). Prisoners? Mr. Newton. Well, they have an adjective that they put in there — " all political prisoners " — ^they mean by that anybody who has been convicted of any violation of Mr. Neelt (interposing). Espionage law? Mr. Newton. Espionage law. Now, there has been brought before the attorney general of New York the statement of a witness which throws considerable light on the situation; the witness was Dr. Max Cohen. Dr. Cohen was not put under oath, for reasons which you will see after I have read a little of his statement. Mr. Htjsted. If I may interrupt you for just a moment, the 300,000 or 500,000 radicals in the city of New York to whom you have re- ferred have drifted there from all over the United States, have thev not? ^ Mr. Newton. Well, I think many of them have never been any farther in the United States than New York. Mr. HusTED. Arid a great many of them have come from other parts of the country? Mr. Newton. Well, they are aliens and have come into New York and stopped there; they never have been out over the country at. all. It is my observation that the large majority -of them have never been in this country outside of Greater New York. Mr; HusTED. I understood from newspaper reports only that many of them had been brought there by the Department of Labor with a view to deportation, and had then been released on bond ; that they had been brought there' from various parts of the country and had been released on bond and had remained in the city of New York. Mr. Newton.. Well, I am not referring to that class at all in my statement. They have been sent there from all over the United States for the purpose of deportation ; I do not know how many • probably several hundred; and they are being held, excepting those who have already been deported. Mr. Neelt. While you are answering questions, I wish to ask you a few questions about the Davey bill, which is before the committee • SEDITIOK. 151 whether it offers a sufficient remedy for the evil which we are now discussing. Mr. Newton. I am very sorry to say that, owing to the great press of public duties, I have not had the opportunity to read the Davey bill. I have not had time to read any of the bills before your com- mittee. Mr. Neely. Then let me ask you another question : Do you think a bill enacted by Congress of a similar scope to the one which you have now on the statute books of the State of New York would be sufficient to deal with the situation? Mr. Newton. I think it would help. If there is any possible way to strengthen the law, to protect the entire country, within reason, I should be for it. Mr. Neelt. Well, have you any particular amendments that you would care to suggest to the present existing law of New York that you think should be adopted by the Congress, .provided Congress should come to the conclusion that it is desirable to pass that law ? Mr. Newton. I have not as I stand here now. If any member of the committee thought it would be helpful I should be very glad to give it some attention, but. I would want to sit down and feel that I had my mind on that particular thing at the time. It would be almost valueless to ramble at it. Dr. Cohen said, among other thin^^I do not know that I ought to read this; he expresses some opinions about Congress which are pretty strong. The Chairman. That will not be anything unusual. [Laughter.] Mr. GooDYKOONTz. We get that so often that we are used to it. Mr. Newton. I could almost think that I was at home hearing these things about the attorney general's office. Here is what Dr. Cohen said: Dr. OoHEN. We are not interested at all in what Congress would do. They can not do a damned thing, as against the war profiteers, for instance. As- sume you apply a thousand times more energy than you do, the most you can do is seek for repressive legislation and perhaps jail a few profiteers, which will not solve the question unless your whole system is overhauled. But if capitalism is, as we believe it is, on the verge of a breakdown in all countries, which brings with it a greater and greater discontent and a growing class consciousness among the unskilled workers, who are in the vast majority, and they will organize and listen to our propaganda, the time must neces- sarily come when a state of chaos is at hand. The workers and Soviets on one hand, and the constituent assemblies on the other hand, both wrestling for power. That will be the situation. Whether or not it will be orderly depends on you people, because we want to assume these organizations. Maj. Rich. But if there is any resistance? Dr. CoHKN. Well, you will show the resistance ; we will not ; you will fight to retain power and the workers will fight to wrest it away from you. On the one hand the workers' council, on the other hand the constituent assemblies. What you are trying to get from me is an admission that force will be necessary. Maj. Rich. No, no; if you have any other way to do it, we would like to know your idea. Dr. Cohen. The question of force does hot rest with us. We base our philosophy on life itself— mass action. Our socialist brethren berate us for our loose way of talking, but we say mass action is dependent on life itself. We can not make a narrow definition of it because it involves all of life itself. We have to show them that all social reformers are worthless to them and that the one thing they must do is to organize in the Communist Party. When 152 SEDITION. that stage has reached its development, and the breakdown of industry comes, the revolutionary organizations will probably spring into existence and will attempt to take over the control of the Government from your capitalist class Mr. Bebgee. How? Dr. Cohen. Well, let us see ; in Russia they made a raid on the — of course, they abolished all the constituent assemblies — ^but they raided the offices of the powers that be, and installed themselves, and immediately organized the Red Guards to protect themselves in their newly-found power. Mr. Stevenson. ^And you would approve of that method? Dr. Cohen. Unquestionably. Maj. Rich. That would mean, of course, force? Dr. Cohen. Well, suppose the capitalist class did not desire to come to us, would use force against us Maj. Rich. Of course, you don't expect that they would depire to go to you? Dr. Cohen. Then the onus is on your side, not on ourS. We merely pro- tect ourselves. We all know enough to know that no ruling class will give up power without a fight. But we must have the initiative. All submerged classes mu' t assume the initiative if they are to get what they want. Maj.- Rich. Therefore the onus of the results rests with you? Dr. Cohen. Of course, if we establish a dictatorship of the proletariat, we will accept whatever onus is involved. Maj. Rich. Whether the result is successful or not? Dr. Cohen. You see, of course, it is a peculiar situation. We are being tried in the capitalist court, and there can be no justice, because we tell you frankly what we aim for is the overthrow of your Goveirnment. Maj. Rich. And you expect to take all the institutions and all of the property of the capitalists? Dr. Cohen. Communize it, nationalize it, immediately. Maj. Rich. Well, you mean take It away from the present owners and do what you please with it? Dr. Cohen. Y^. Maj. Rich. You don't expect a man is going to give up property and money without .resistance therefore you are going to supply the means of taking it from him, and you have the initiative in bringing about the means', therefore it can not be done except by force. Dr. Cohen. It can be done without force, but if force is used, we blame you people, because you are prepared to use force. Now, we are going to win over the Army and Navy — ■—' Mr. Beegek. How would you try to win it over? Dr. Cohen. Through propaganda. How do you think any revolutionary or- ganization ever won anybody over, except through propaganda? Mr. Bekgeb. Then you will try to win over the Army and Navy, who have Sworn to uphold the Government and resist the efforts of anyone who seeks to overthrow the Government, and you will try to get them in such a frame of liiind as to be untrue to that oath, and not do that which they are sworn to do, to uphold law and order? Dr. Cohen. To tell you frankly, we don't care a fig for your oaths. We don't hold them as meaning anything to us, because necessarily if we did we would have to stop and go out of business. Mr. Bekgeb. You are not under oath now, but if you were put under oath, would that mean anything to you? As a gentleman, you will tell the truth. You have been very frank and I would take your word as well without an oath as with an oath. Dr. Cohen. My oath would mean nothing at all to me. Mr. Bebgek. It would mean nothing to you: Dr. Cohen. Nothing at all. Mr. Beegeb. May I ask, is that anything personal with you ; that is, the gen- eral principle? Dr. Cohen. No; that is the principle of all revolutionary organizations. Mr. Neely. May I ask you who the reprobate is who was under examination ? Mr. Newton. Dr. Max Cohen, who is the secretary of a radical organization containing upward of 55,000 members, according to my information, and who directs the policy of one of the radical papers in the city of New York. SEDITiOlT. 153 Mr. Neely. Is he still at large? Mr. Newton. Very much so. Mr. GooDYKOONTz. Why has he not been indicted? Mr. Newton. Well, this matter has been presented to the district attorney's office, under my direction, and what action they have taken under it, I dg not know. I know he is at large, because he took part in the trial of this man Gitlow; he was there furnishing assistance. And there are many other interesting things in Dr. Cohen's state- ment that he made before the attorney general. I will leave a copy with the committee, if anybody would care to look at it. I am only submitting it to the committee to show you another angle which might not yet have 'come under your observation.- Mr. Boies. Many of these people who were taken to New York with the expectation of deporting them were released on bail. What class of people furnished the bonds? Mr. Newton. Well, there are some attorneys in New York whose business it is to defend these radical cases. These organizations have plenty of money, as you will see if you will permit me to read an extract from the opinion of Judge McAdoo, chief magistrate, be- fore whom the preliminary hearing in the case of Larkin and Gitlow was had, and his decision upon holding them for the grand jury. They were indicted and actually convicted, as I have said, yesterday. Mr. Neely. Have you any evidence before you that aviy of this money has come from Russia? Mr. Newton. We examined Mr. Martens, the accredited Russian soviet ambassador, as he stated, and he swore that he had received $90,000 in currency at five different times, by special messenger, handed to him in an envelope. He did not know the person who brought it; he had never seen him before; he asked him no ques- tions. He did not ask him to sit down, and he did not even ask him to lunch ; the person walked in and handed him as much as $25,000 at a time, until he had $90,000 of money which came through this source ; and he declined to give the committee the source from which it came. It came from another country, from a country across the water, direct to him. And, of course, we had his bank accounts, be- cause we took those, and his bank books, which showed daily bal- ances ranging from $19,000 to $25,000, probably, in two different banks. We could trace the checks and the expenditures, but the deposits were all made by Mr. Martens himself and made in cash, and there was no way for us to definitely get at the source of them. That is the only information that I have of any fuiids that have been received from outside this country, but I can assure the com- mittee that Mr. Neely. Did you trace the expenditure of this $25,000? Mr. Newton. We had the checks there whicli were canceled. Mr. Neely. Was it for spreading propaganda ? Mr. Newton. That is our claim. That is denied by Mr. Martens. Most of it ^as sent to different localities, or some of it wast sent to different localities of the United States to pay for the defense of men indicted for violation of the espionage act. Mr. Boise. I was wondering whether these bonds were usually furnished by cash. 154 SEDITION. Mr. Newton. The only ones I have personal knowledge of the money was put up by the attorney who was representing him. Put up by the attorneys. Whose money it was I don't know. I want to read a few statements from Judge'McAdoo's decision and I want to leave with the committee this decision of Judge McAdoo because I consider him a very able judge and he evidently gave this subject a good deal of thought and he has pointed out some things here which are based upon the evidence presented before him. Therefore, there is a foundation in fact for his statements of fact and his conclusions. I will read the statement or parts from it : • If the great middle classes of the country, which include organized labor as at present, do not surrender at once all their property and possessions and commit their lives to the tender mercies of the raging proletariat, what is to be done with them? The manifesto makes it perfectly plain. If they resist they are to be suppressed. What does suppression mean ? It means that if they continue to resist they must be exterminated; while the money from the banks and other repositories flows into the coffer? of the leaders of the revolutionary communists, the blood of the doomed class will gurgle in the gutters. If this is not violence, if this is not anarchy, if this is not directly, openly, and brazenly a defiance of the penal law of this State, what is? Well-meaning gentlemen tell us that we should not interfere with incendiary men when they are preparing the torch, we should only apprehend them when they are setting fire to the building. This statute is a preventive measure. It is intended to head off these' mad and cruel men at the beginning of their careers. It is in- tended to put out a fire with a bucket of water which might later on not yield to the contents of the reservoir. A few years back if any one had said that in this year of grace 1919 there would be in the city of New York, known to the authorities, between 70 and 90 official headquarters of a criminal organization like this, well equipped with money and the rooms bulging with literature more dangerous to our civilization than the microbes of disease to the human body, he would have been laughed at. Nearly 80 recruiting barracks for this red army in the city of New York with thousands of members and apparently unlimited money, from at home or abroad. If this is not, in the language of the State, an attempt to overthrow End destroy the organized State, what is? To fail to enforce this law, there- fore, under the circumstances, would be on the part of public oflicers, judicial and otherwise, a sneciea of treason against the State itself. No one claims that the modern State is free from evils nor denies that progressive reformation is absolutely essential to the maintenance of .lustice and democracy, but all these are obtainable under the constitutional forms of our Government. The basis of our Government is a written Constitution, in which it differs from nearly every other country in the world. Great Britain, to whose So- cialistic Party the defendant Larkin refers, is living under a Government where Parliament makes the constitution every day that it is in session, parliamentary dominancy in its elasticity is instantly responsive to public opinion. Our Government could only be constitutional and legally changed by the terms of the Constitution itself. The Constitution absolutely forbids in every letter of it such things as coercion and suppression. Amendments to it must be made with great deliberation and much time. It provides for its own safety against hasty action. The people and the States must both act before any change can be made. A red, revolutionary, . proletrian class government could not be established here unless the Constitution is destroyed. Primarily, all changes both as to the laws and the persons who administer under them are effected by ballot voting at elections. The wai- has proven it to be a government of stability and centralization when necessary to meet emergencies. It is well, too, to remember in this connection that we are still at war, no legal peace having as yet been arrived at, and we are to construe this law under these conditions — the aftermath of the bloodiest and greatest war that the world has ever seen. The manifesto Itself declares that this is the golden opportunity of the red revolutionists. Is this not a call to action for those who are swoi-n to uphold SEDITION. 155 the laws of their country? Are we, who are the ministers of the law, to Ignore this challenge? Are we to lose ourselves in legal subtleties and nice disquisitions and historical references, and bury our heads in clouds of rhetoric about liberty of speech? Liberty of speech! It is the very breath and soul of every American; it is the essence of our republicanism and we guard it with such jealousy that we have hitherto tolerated its abuse into a license which now threatens our institutions. Are there no limits to liberty of speech? Can these men openly state that they intend to destroy the State, murder whole classes of citizens, rob them of their property, and then escape under the plea of liberty of speech? We are told the human mind must be free. Is the human mind entitled in civilized society to germinate poisonous and criminal thoughts and then scatter them abroad to beget anarchy, robbery and chaos? Are we to say to this formidably organized army, with its re^ cruiting barracks in our midst, forward with your battle-cry of coercion sup- pression, murder, and robbery, called sophemistically expropriation. If the law failed to meet such a situation as this, honest and law-abiding citizens might well despair. • Mr, Neelt. Will you not incorporate that in the record as part of your statement? Mr. Newton. Yes, sir; I shall be very glad to leave the whole of the remarks and decision of Judge McAdoo with the committee be- cause I consider it one of the first expressions of the court so far as I know in our State on this subject. I have a copy of it which I can leave with the committee if you desire. The Chairman. We shall be glad to have it. Mr. Newton. And in it he holds that the signing of the card and becoming a member of the Communist Party is criminal anarchy under the statutes of the State of New York. (The whole of Judge McAdoo's decision follows:) [City Magistrate's Court, City of New York, 300 Mulberry Street. The People v. Ben- jamin Gitlow ; charge, criminal anarchy. The People, etc., v. James Larkin ; charge, criminal anarchy.] McAdoo, G. C. M.: These defendants are charged with violating sections 160, 161, 162, 163, and 164 of the Penal Law of this State, which deals with the crime denominated therein " criminal anarchy." This it proceeds to describe In distinct and unequivocal terms. We are therefore not called upon to dis- cuss the meaning of the word " anarchy " in its common use, or dictionary significance. The statute makes certain actions felonious, and the name which it gives to such acts is not of importance in determining this cae. This act, In the wisdom of the law-making power, was deemed necessary by conditions which sprung up unlooked for in this country. This big-hearted, strong, young country, up to the time of this enactment tolerant and charitable to the discon- tent begotten by old-world millenial feuds and injustices among those who came to our shores, admitted the greatest latitude to angry vaporlngs and vituperative abuse of all governmental agencies. The American mind up to that time could not conceive that even a very small portion of those hopelessly incorrigible to civic influences, among immi- grants to this country like myself — immigrant and son of immigrant — would fail to repay with loyalty and love a devotion to the institutions of a demo- cratic State which admitted to us every privilege and opportunity. This case lui-ns upon whether or not the published manifeso of the Commu- nist Party, taken in connection with the trend of thought shown by the articles in both numbers of the paper called the Revolutionary Age, and more par- ticularly the illuminative statements of one of its authors, the defendant Larkin, is In violation of the statute under consideration. The connection of these defendants with the writing, publishing, circulating, and selling of the manifesto Is convincing beyond doubt, and need not be fur- ther discussed. This is especially so in the case of Gitlow, who arranged and paid for the printing and attended to the circulation and sale. We are therefore called upon to examine the manifesto itself. This paper is to be taken in its entirety. According to the statement of the defendant, Larkin, it had several authors but one mind, and we are dealing here, as Mr. Justice Hughes, of the Supreme Court, said in a decision some years ago, with 156 SEDITION". a state of mind. What did these defendants intend by the language used in Uie manifesto? The manifesto starts out with a bitter arraignment and condemnation of what it calls the moderate Socialist Party and the American Federation of Labor, and organized, skilled artisans generally. It accuses the Socialist Party of having betrayed socialism, especially in aiding and abetting the military operations of different countries during the recent war. The existing political state and all the social and economic conditions which exist under it are con- demned without measure. It is declared to be beyond redemption and must be utterly and thoroughly destroyed, root, and branch. To this end all reformatory measures intended to beget better social and economic conditions are denounced and the Communist Party is pledged to refrain from aiding parliamentary action. Voting by ballot and participating in government is to thwart the coming of the revolution. Everything is to be done to make social and economic conditions worse and not better, so as to produce universal unrest and discon- tent, later on to be goaded into desperation. The Socialist Party and the labor unions, in so far as they take part in parliamentary or Government action, are Utterly condemned and held up as public enemies. If one man is desperateljc discontented he must be a disease carrier to others, until the whole body is infected. The terms most frequently in use in the paper are " the political mass state," meaning a class state ; " control of the industrial process," mean- ing the power to stop production ; " when the workers stop the State dies ;" " mass action, industrial in origin, becomes political in action ;" that is, mass action in universal strike throttles and starves the political State. This, says the manifesto, is revolutionary socialism in action, as defined by Karl Marx. Having the law in view, the document is a little guarded as to what direct action means, but must be read in connection with the statements of Larkln. The organized Government mentioned in the statute is yet too strong for those who wish to destroy it, to speak plainly. The manifesto not only does not con- demn the anarchists, as the term Is generally used, but is most friendly and conciliatory. Fearing that it might give offense to those who openly call them- selves anarchists it says, " The attitude toward the State divides the anarchist (and anarcho-syndicalist), the moderate socialist, and the revolutionary social- ist. Eager to abolish the State (which is the ultimate purpose of revolutionary socialism), the anarchist (and anarcho-syndicalist) fails to realize that the State is necessary in the transition period from capitalism to socialism." In other words, after the revolutionary socialists have killed the State and suppressed or exterminated the bourgeoisie, they ask time to recover their breath and fill up the interregnum with a shadow of a government. He would certainly be an, unreasonable anarchist who would not agree with this. Th.e common enemy, against which all organized revolutionary effort is to be directed, is the bourgeoisie or middle class of people — from the owner of the department store to the keeper of the small shop, from the great steel works to the little smithy on the village street, from the president of a college to the bookkeeper in the office, and always to include what they denominate as the main props of the " capitalistic " State, the pulpit, the Army, and the police. These forces are to be utterly beaten down and destroyed. The State is to be owned and controlled by the proletariat. This proletariat is to consist, in buUs, of hitherto unorganized manual laborers, but does not include farmers, who in the nature of things as owners of property would be dominated as bourgeoisie , and looked upon as enemies. Having overthrown organized government, the State is therefore to be in the possession of a class. It is noticeable that throughout this paper it is always the proletariat that is to rule and not the majority of the whole people; it is class rights that must be dominant. Under cries of "liberty," the voice of the majority is to be stifled by force. If you dissent in any degree from those then in control, as now happens in another country, you are denominated an anarchist and at once shot. All dissidents are anarchists. For Instance, " Do you agree with the Soviet? ' I do not.' To the slaughter- house with him, he is an anarchist.-' The bitter intolerance which this pa- per exhibits toward any possible difference of opinion might well be called to the attention of diletante parlor socialists and pseudo anarchists who are looking for nervous excitement and notoriety, and easy-going gentlemen in and out of juries or civic forums who are condemning the zeal of the officers of the law in the pursuit of this and kindred organizations, and here to re- mind them that in this projected revolution, as In those hitherto enacted, the Jacobine are to swallow or to destroy the Girondists. SEDITION. 157 > Certainly those of us who are bound by the decisions of the Supreme Court of the United States, as evidenced in the case of Jacob Abrams et al., v. United States, convicted of distributing in this city inflammatory placards and cir- culars, vi^lll not have any doubt as to what is the law of the land in dealing with such people. According to the manifesto, the revolutionary socialists, calling themselves the communist party, confronted with this common enemy which is to be destroyed, organized government as it exists to-day, the " capitalistic " state as they call it, and the hated bourgeoisie, how are they going to effect the revolution? Does the manifesto tell us? It does, in very plain terms, with it must be admitted some hesitancy and a tinge of subtle evasiveness, intended for a defense in court. How is this revolution to be accomplished? The manifesto gives the battle cry and slogan in practically two words, coercion and suppression. The mass action strike is to paralyze all the industries of the country, depriving mil- lions of people of the necessaries of life, paralyzing the armed forces of the United States, making the soldier and the policeman impotent and the silenc- ing such voices in the pulpit as are not in accord. This is the first state, coercion by absolutely and unqualifiedly illegal means, unlawful practices and a criminal conspiracy deliberately invented to carry out the purposes in- tended. These strikes are called mass action and have nothing whatever to do with efforts for increase of wages or lessening of hours or. the betterment of the workers. It is tjie militant uprising of the red revolutionists. At this point the State is given the option that it must either suicide or be killed. If this condition would be brought about, what objection could anarchy have to it? If the great middle classes of the country, wbifih include organized labor as at present, do not surrender at once all their property and possessions and commit their lives to the tender mercies of the raging proletariat, what is to be done with them? The manifesto makes It perfectly plain. If they resist they are to be suppressed. What does suppression mean? It means that if tjiey continue to resist they must be exterminated; while the money from the banks and other repositories flows into the coffers of the leaders of the revolutionary communists, the blood of the doomed class will gurgle in the gutters. If this is not violence, if this is not anarchy, if this is not directly, openly, and brazenly a defiance of the penal law of this State, what is? Well-meaning gentlemen tell us that we should not interfere with an incen- diary when he is preparing the torch; we should only apprehend him when he is setting fire to the building. This statute is a preventive measure. It' is intended to head off these mad and cruel men at the beginning of their careers. It is intended to put out a fire with a bucket of water which might later on nqt yield to the contents of the reservoir. A few years back if anyone had said that in this year of grace 1919 there would be in the city of New York, known to the authorities, between 70 and 80 official headquarters of a criminal organization like this, well equipped with money, and the rooms bulging with literature more dangerous to our civilization than the microbes of disease to the human body, he would have been laughed at. Nearly 80 recruiting barracks for this red army is in the city of New York, with thousands of members and apparently unlimited money from at home or abroad. If this is not, in the language of the statute, an at- tempt to overthrow and destroy the organized state, what is? To fail to enforce this law, therefore, under the circumstances, would be on the part of public officers, judicial and otherwise, a species of treason agfiinst the .state itself. . . . .^ . No one claims that the modern state is free from evils nor denies that pro- gressive reformation is absolutely essential to the maintenance of justice and democracy, but all these are obtainable under the constitutional forms of our Government. ,.. .^ _„ The basis of our Government is a written Constitution, in which it differs from nearly every other country in the world. Great Britain, to whose social- istic party the defendant Larkin refers, is living under a Government where Parliament makes the constitution every day that it is in session. Parlia- mentary dominancy in its elasticity is instantly responsive to public opinion. Our Government could only be constitutionally and legally changed by the terms of the Constitution itself. The Constitution absolutely forbids m every letter of it such things as coercion and suppression. Amendments to it must be made with great deliberation and much time. It provides for its own safety 158 SEDITION. against hasty action. The people and the States must both act before an> change can be made. A red, revolutionary, proletarian, class government coul(J not be established here unless the Constitution is destroyed. Primarily, all changes both as to the laws and the persons who administer under them are effected by ballot voting at elections. The war has proven it to be a Govern- ment of stability and centralization when necessary to meet emergencies. It is well, too, to remember in this connection that we are still at war, no legal peace having as yet been arrived at, and we are to construe this law under these conditions — the aftermath of the bloodiest and greatest war the world has ever seen. The manifesto itself declares* that this is the golden opportunity of the red revolutionists. Is this not a call to action for those who are sworn to uphold the laws of tlieir country? Are we, who are the ministers of the law, to ignore this challenge? Are we to lose ourselves in legal subtleties and nice disquisitions dnd historical references, and bury our heads in clouds of rhetoric about liberty of speech? Liberty of speech! It is the very breath and soul of every American; it is the essence of our republicanism, and we guard it with such jealousy that/ we have hitherto tolerated its abuse into a license which now threatens our institutions. Are there no limits to liberty of Speech? Can these men openly state that they intend to destroy the state, murder whole classes of citizens, rob them of their property, and then escape under the plea of liberty of speech? We are told the human mind must be free. Is the human mind entitled in civilized society to germinate poisonous and criminal thoughts and then scatter them abroad tO' beget anarchy, robbery, and Chaos? Are we to say to this formidably organized army, with its recruit- ing barracks in our midst, forward with your battle cry of coercion, suppres- sion, murder, and robbery, called euphemistically expropriation. If the law failed to meet such a situation as this, honest and law-ab'ding citizens might well despair. These two defendants, Gitlow and Larkin, are beyond doubt two of the prominent leaders in this revolutionary scheme. They are men of intelligence, with considerable experience in public affairs, and all this either from honest fanaticism or muddled thought they have perverted into the most dangerous ■ channels. As they stand to-day, as against the organized government speci- fied In the statute, they are positively dangerous men. I notice in the statement of X/arkin made to the district attorney a latent spirit of the conservative spiritualism of the people whence he sprung, when he dissented as against the " God-killers." Possibly he had in mind the spirit of the Paris Commune, when it controlled that city in the early seventies. One of the chiefs, of the Communist Party, after which this is modeled, giving a pass to a clergyman to visit some of the condemned bourgeoisie in prison, wrote, "Admit the bearer, who says he is the servant of a person called God." I am of the opinion beyond any doubt, reasonable or otherwise, that these defendants in their writing, concocting, drawing, collaborating, and confed- erating in the production, printing, and circulation of the manifesto, are clearly guilty as charged in the complaint. I may also add that in my opinion every member of this criminal organization, who knowingly subscribes to the manifesto and the rules under which he becomes a member of the party, is equally guilty of violating the statute, and that the act of one in this respect is the act of all, however physically separate, and that no overt act beyond that is necessary to make the case complete against th«n. " I declare myself for the coercion, suppression, and extermination of a whole class of my fellow citizens and the expropriation of all of their property ; " I join an organization and comply with its rules and sign its manifestoes and probably pay in my dues, and accept its card of membership. What greater overt act, short of actual, physical violence, can I commit than that? I need not in this connection refer to the cases in our courts of Johann Most and the one in which an opinion was delivered but a few days ago by the Supreme Court of the' ITnlted States and referred to above. The principles of the law as to collective action in such crimes as this is well establish and laid down in our books from the day the first white man put his foot on this continent to the present moment, and it is not necessary to quote them here. Defendants are held for the action of the grand jury. Mr. Igoe. Do you believe that you will be able to meet this situ- ation effectively under the statute of New York, and your present methods. General? SEDITION. 159 Mr. Newtox. "Well, I feel. that if we had some assistance from the Federal law many of these things could be reached where the local authorities would not reach them. Mr. Igoe. Would it be in the fact that the tribunal in- which the case was tried was different or because of the different law that you need? Mr. Newton. Well, Congressman, I would say both. I think in the main that the district attorneys, ,so far as my observation is concerned, are very much interested in maintaining the dignity of the State and of law and order, but they have no special branch of their department to reach this particular class of cases. You take it in the city of New York, where they have so much general busi- ness that the office of district attorney — it is almost impossible to keep up with it, and as this undoubtedly never would have been brought to the attention of the public at all, and prosecutions under this statute had at all except for the extraordinary grand jury des- ignated by Gov. Smith. Mr. Igoe. It is only within a few months that they have really awakened to the situation? Mr. Newton. Absolutely. And there are thousands and thou- sands and millions of people in this country, to my mind, who aren't yet awake. The Chairman. Of course, there would be one advantage of the Federal statute. You could reach beyond the State. Mr. Newton. Keach beyond the State. Now, the testimony which is needed to convict and indict is now in Chicago, and there is no provision of our law to compel a witness to come from Chicago to testify except he wants to come within the jurisdiction of the State of New York. There would be that advantage. I don't want to worry you, gentlemen. I have no set story here to tell at all. If there is anything I can give you information about The Chairman. Judge McAdoo referred to some radicals having headquarters. Mr. Newton. I think some 70 or 80. The Chairman. And the officers of those various associations are known and the publication of literature is known to come from certain individuals? Mr. Newton. The propaganda is being printed and circulated generally throughout New Yotk by these organizations. I think this decision of Judge McAdoo was possibly in October or Sep- tember. Since that time notice has been given, I am informed by the district attorney of New York, to every property owner where these radical headquarters existed that if they continued to meet there they would be prosecuted under this statute. I understand that they have moved and it is not so easy now to find just where they are located. Mr. Neely. Was it acting on a notice, of that sort that the land- lords declared forfeited a lease of Weinsberger, the attorney who had been representing some of the parties ? Mr. Newton. I so understand it. Mr. HtrsTED. Isn't it a fact the more difficult you make it for these people to carry on their propaganda the less effective that propaganda will be? hi 160 SEDITIOH. Mr. Newton. Yes, sir. And that is where I think the law should be stuengthened along the lines of permitting it by handing it from hand to hand or transmitting by mail this revolutionary propa- ganda. Mr. Igoe. You really believe that these 300 to 500 people who are affiliated with these organizations, that their purpose is to over- throw by force and violence the Government of the State of New York and also that of the United States? Mr. Newton. No; not all of them. Many of them are ignorant men that have been brought to believe that they could have the luxuries which you and I possess if they come with them and join with them in carrying out this scheme. And without it they can never have them. Mr. Igoe. The statements have been made in the West that peo- le have joined these associations through misrepresentations. It as been published, or claims have been made by these men Mr. Smith. I think some by fear, too. Mr. Igoe. That is another proposition. For instance, the state- ment was made that one joined some association to accomplish a very good purpose, having no idea that it was an anarchistic or- ganization, which in fact it was. And I wonder if these people in New York that you speak of, whether they really believe in that, knowing the purpose of it. Of course, the leaders do. Mr. Newton. I am charitable enough to say. Congressman, I think a great many who can't read and know nothing about our form of government, ignorant aliens, have become members of this organization without fully realizing the enormity of their act. Mr. Igoe. Has any effort been made in New York to find out what these members reaUy believe ? It seems to me it would be valuable — not only interesting, but valuable — ^to find out tlie state of mind of the members who belong to these associations, and you have their names. Has any effort been made to ascertain at all the real state of mind of the people who have affiliated with these organizations ? Mr. Newton. I think of the ignorant members that there has been none. There has been none to my knowledge. The effort has been made to get the attitude of the leaders and what they are doing. Mr. Igoe. And just let the other people go and continue their membership ? Mr. Newton. Possibly. To be frank with you, that has never been called to my attention before. Mr. Igoe. .It seems to me that education might well begin with those who have actually joined through ignorance and misrepre^ sentation. Mr. Newton. I think that may be true, but to bring in before our committee any one of these great classes, that hasn't been done. Mr. Igoe. I understand. What is the use in putting in Ameri- canization schools till you find out how this thing operates on these people? It may be true— I don't know whether it is or not— that a great majority of these people have been imposed upon and it may be that they fully subscribe and adhere to these things. Mr. Newton Of course, they certify over their signatures that they do know, but I am inclined to be charitable enough to say that I don't believe a good many of them do know. SEDITION. X61 Mr. Boies. Probably they haven't had time to clean up all the phases of it. Mr. Newton. I am afraid not. Mr. Davey, a Eepresentative from Ohio. If the committee would permit, I would like to ask two or three questions. The Chairman. All right, Mr. Davey. Mr. Davey. I understand that the Lusk committee raided the headquarters of the Soviet Bureau and likewise the headquarters of the Rand School. I would like to have you point out, if you will, the intimate connection between the Soviet Bureau and the Rand School, as well as the intimate connection between those two and the whole radical movement. Mr. Newton. Well, of course, the Soviet Bureau was distinctly a representative of the Russian Soviet Government with Mr. Mar- tens at the head; and I think in the raid of the Rand School that nearly every radical publication that was found in the Russian Soviet Bureau was found in the Rand School. And the Rand School claimed to be a school of social science and they are engaged in selling and sending out socialist literature to all the different branches of the parlor socialists, right-wing socialists, left-wing so- cialists, and in it were the publications, propaganda, manifestoes of the more radical classes. Mr. Davey. For instance, did you find in the Rand School copies of the Revolutionary Age and the Communists Manifesto ? Mr. Newton. We fouiid not only copies of the Revolutionary Age, but I think of every radical newspaper published in New York, and there are over 60 of them, as I was informed. Mr. Davey. And these were on sale? Mr. Newton. They were on sale at that school. I am not pre- pared to state as a fact that the Communists Manifesto was found in our raid on the Rand School. I would want to lo»k at the record before I made that statement as a iJiatter of fact. I am not certain. Mr. Igoe. Was this platform of what is called the Third Interna- tional being largely circulated by these societies ? Mr. Newton. Yes, sir. Mr. Igoe. That is the main proposition to which they all pledge allegiance ? Mr. Newton. Yes; that is the starting point of all the radical organizations and they go from bad to worse. Mr. Igoe. If they are affiliated with and subscribed to the doc- trine of the Third International they are advocates of physical force and violence? Mr. Newton. Absolutely. Mr. Davey. Did you find a close and understanding connection between the Rand School and the Soviet Bureau? Mr. Newton. Congressman, I can only express my opinion, and I don't think it would be valuable because, just as I stand here now, the details of that evidence are not in my mind. You speak about the Communist Manifesto. I think our raid of the Rand School was before the Communist Manifesto was adopted and, of course, we did not find it there. I think that raid was in June, and this Com- munist Manifesto wasn't adopted until September. 166718—20 11 162 SEDITION. Mr. Davet. My reason for asking that question was because I had read in the Lusk hearings evidence showing that letters were passed back and forth between the Soviet Bureau and the Band School. Mr. Newton. Oh, yes ; many letters ; no doubt about it. Mr. Davey. Showing a harmonious agreement between the two? Mr. Newton. Yes; but whether or not there was an arrangement made whereby the Band School had adopted all this Russian propa- ganda, I wouldn't state that as a fact without going over the record. Mr. Davet. One more question. In the evidence secured at the So- viet Bureau, was it developed that an intimate touch was main- tained with the various extreme radical organizations in various parts of the country ? Mr. Newton. Yes; yes. They had a card index there which showed — they had the names which we took away in our raid. The card index showed that they were carrying on a very large corre- spondence class, in which they were sending all the radical propa- ganda to them. You will understand that Mr. Martens swore that he was here to establish trade relations and that he was here, I think he said, with $200,000,000 back of him — some very large sum — from his Government back there to buy various American products. Mr. Davey. Has he made any contracts? Mr. Newton. Not a contract could he tell of that had been made. Mr. Davet. Did the evidence show that the soviet bureau was sending out emissaries to various radical meetings and received in- vitations from those meetings? Mr. Newton. Yes, sir ; Martens himself attended the meetings and made various speeches which we have reports of. Mr. Davet. I want to bring out this point a little more clearly. As I understand, Mx- Martens and his assistant, Neorteva, swore that they were here seeking friendly commercial relations ? Mr. Newton. Martens did. Mr. Davet. And that they had several hundred million dollars with which to establish trade relations? Mr. Newton. Yes, sir. Mr. Davet. And the evidence showed that not one contract had been made or approached? Mr. Newton. I wouldn't say approached. None had been made. He gave instances where he had had prices quoted for large orders of shoes, and so forth, but no contract actually made. Mr. Davet. You would hardly say a quotation of prices would be an approach to a contract? Mr. Newton. He swore he had been endeavoring to make these contracts, but that he was prevented from making them because they couldn't get deliveries. I will be that fair to Martens ; that was his testimony. Mr. Davet. Here is another point I would like to bring out if the committee is willing. I understand from this same testimony that the soviet bureau got into contact with various business men throui^hout the country and held out the lure of business — always dangling before their eyer this several hundred million dollars in gold, and that they actually had a card index showing business men who had swallowed the bait, but as a matter of fact also not one SEDiTioir. 163 contract had been made, and witli all the money they had it was not used for the purpose that Mr. Martens swore they were here for ? Mr. Newton. Wasn't a dollar used for that purpose and no con- tract made. However, as I say, he had written for proposals of cer- tain quantities of shoes and in another place certain quantities of machinery, agricultural machinery, I think, principally, and had acknowledgments of his letter and statement of prices, and that is as far as it ever went. Mr. H. J. Gibbons, of the city of Philadelphia, Pa. — Mr. Chair- man, may I ask a question ? The Chairman. Yes, sir. Mr. Gibbons. Mr. Newton, isn't the best way to meet their unde- sirable and fallacious propaganda by argument showing wherein the fallibility exists, by argument? Mr. Newton. I wouldn't say it is the best way. Mr. Gibbons. Isn't it the most successful way? Mr. Newton. I don't think so. I don't think it is the most suc- cessful way. I don't agree on the facts. Mr. Gibbons. If we show that, their argument falls. Mr. Newton. I think to arouse the people' that you have got to do more than that. The propaganda, I think, should be met by propa- ganda, but I think we should go further than that. I think it would be helpful to have the American people spend as much time and money in propaganda to sustain American institutions as this or- ganization is spending to induce people to destroy it, but I think that the situation is SiUeh now that that in and of itself is not enough. It has been allowed to go to the extent that it needs a little other kind of medicine. Mr. Boies. You wouldn't allow these 300,000 or 500,000 people in New York there — the question was asked if these three to five hun- dred thousand people were armed. I want to suggest it for the record that is it policy to allow the matter to drift to that extent? Mr. Newton. I don't think it is policy to let it drift to that ex- tent. I think that they have led some of these ignorant people to believe that they could take the city of New York and hold it for a few hours against the police force over there and they say if they could do that, then by solidifying all this element throughout the country they could take it and hold it for good. I want to leave with Congressman Davey the last volume of the testimony of the Lusk committee and I have no doubt as he goes over it he may find something in it that he will think advantageous by way of information of sworn testimony and of witnesses, and if he does, he could have the opportunity of presenting it to you if he cares to. I don't know that he cares to. The Chairman. We will try to meet again at 2 o'clock. (Thereupon at 12.45 p. m. the committee took a recess until 2 o'clock.) AFTER RECESS. The committee reconvened, pursuant to the taking of recess, at 2.15 o'clock p. m., Hon. Andrew J. Volstead (chairman) presiding. The Chairman. The committee will come to order. Proceed, Mr. Moore. 164 SBDITIOK. STATEMENT OF ME. JOHN D. MOORE, NEW YORK CITY. Mr. MooEE. Mr. Chairman and gentlemen of the committee, I live in New York City. By profession I am an engineer. In politics I am an enrolled Democrat. I have not been in the past entirely without influence in my party in my State. For four years I was State conservation commissioner, under three Democratic governors. While, perhaps, that fact is not entirely germane, it may make some appeal to the minds of statesmen if I state that the salary of the position was $10,000 a year, which is the same as the State pays Attorney General Newton, who just spoke. As I say, I am not entirely unknown in New York City, where I live. Attorney General Newton spoke to you about grand juries of that county. There are generally two in session for the entire county of 2,000,000 of people. I was a member of the grand jury for many years and foreman of it twice. I am not a socialist; I am a radical; I am not a red. I am only a red, white, and blue, who thinks a great deal of America and wants to see her go along in the same old way when we were all happy and when there was not that discontent which is obvious to-day. I go in exactly the opposite direction from Congressman Davey, the author of this bill, and Attorney General Newton. I would wipe out all the existing war laws. I would not add to them. You will recall I came down here to oppose some of them in 1917, in the critical interval between the breaking off of relations with Germany and the breaking out of the war. I think it is about time now that in this country we realized that this war is over. Somebody said here this morning that the war was not over. It may not be over technically, but we do not get any more casualty lists and appropriations are being gradually reduced. Those are the hall marks of war. It is undeniable that in this country at the present moment there is a certain type and extent of panic over this question of possible disorder and danger to the Goverimaent. The panic, in my judg- ment, is very largely journalitsic; to a much less extent, I am glad to say, it is legislative and congressional. But the panic is nearly all over, Mr. Chairman. Attorney General Newton made a statement this morning which bears its refutation right on its face. He said that the Lusk com- mittee — on the un-American character of which he was relatively silent — ^has estimated that inside the city of New York alone there are between 300,000 and 500,000 violent, virulent, bomb-throwing reds who want to destroy this Government by force. During the recess I took a look at the census reports. Mr. HtrsTED. I did not get that impression from his statement, that there was between 300,000 and 500,000 violent bomb-throwing reds. Mr. MooEE. He said there were that many who want to upset this Government by force, though not all of them adhered to the Com- munist Party. I do not think he used the word bomb-throwing. I quote merely the gist of his statement. Mr. Gaed. He said that there were many who did not believe in any form of government and would destroy the Government by force. SEDITION. 165 Mr. Htjsted. I did not understand him to go that far. The Chairman. He said they might follow their leadership, as he explained afterwards. «n^nn<^°°^^-i-^'' t^f ""i^y °* '^^^ Yo^^ ^e have a population of b,OOU,000 people. I looked at the census reports in your office, Mr Chairman, and I find that 60 per cent of those people are 21 years of age and over. That brings the total number of adult men and women down to 3,600,000. Obviously, most of these " Eeds "—I will not characterize them by stating whether they throw bombs or not- must be men, because we certainly are not niuch afraid of the other kind, the lady "Eeds." Half of the 3,600,000 New Yorkers are women. That brmgs it down to 1,800,000 men, which is somewhat in excess of the vote of New York City. "When we had only man- hood suffrage m New York we had about 750,000 registered voters. In other words, getting down to the basis of men, one man out of every 3.6, or 10 men out of every 36 men, are "Eeds." That's absurd. Now, I know New York City better than any man from a little up-State village like Geneseo knows it. I know about the extraordi- nary grand jury you heard about from Mr. Newton. He did not tell you much about that extraordinary grand jury— that it sat from last summer until it was driven out the other day in something closely resembling a public scandal. The grand jury was convoked to investigate anarchy and indicted four or five men on those charges and then what did they do ? They turned around and investigated the district attorney of the county of New York and Mayor Hylan and there was a battle lasting for months in which finally the grand jury had to surrender abjectly. They went after anarchy, to investigate it. They abandoned their anarchy hunt. They started an investigation of what they mysteri- ously referred to as " an overshadowing crime." On their own state- ments authorized by the grand jury itself and made public, the " overshadowing crime " vanished into thin air. There is, I note, a difference of opinion among attorneys gen- eral. Mr. Newton of the State of New York says there are 300,000 to 500,000 Eeds in New York City; Attorney General Palmer says there are 60,000 in the entire Union, a very material disparity. The Chairman. That is not a fair statement of what Mr. Palmer said. Mr. MooEE. He said they had record of 60,000. Mr. HusTED. Attorney General Palmer said there were 60,000 communists alone and more than that in the Communist Labor Party who believed in the Communist Party. Mr. MooEE. I remember a statement he made that he had a record of so many. I think it was before a Senate committee. Mr. HtrsTED. I simply refer to the statement he made before this committee, when he said that there were 60,000 members of the Communist Party, in his opinion, and then said there were more members of the Communist Labor Party than of the Communist Party, He did not refer to other organizations of radicals. Mr. MooEE. But even so, there is an enormous gulf separating those two estimates. As I stated at the outset the war is over, and the people, as I know them, and as they have strikingly shown in the 166 SEDITION. last three or four elections, the people want to get rid of this war stuff. They want to forget it. They want to wipe it out and get it back into tide past as fast as they can. I would like to revert to these 60,000 reds, or 300,000 reds, and to submit to the committee Judge George W. Anderson's statement in jBoston. Judge Anderson was Federal district attorney in Boston up to the end of 1917; then he became a member of the Interstate Commerce Commission, down, here, after which he was appointed Federal judge in Boston, andihe said, and I will quote this one state- ment and would like to have the privilege of putting the rest of it in the record; it has deep significance. The Chairman. Yes. Mr. MooKE. Judge Anderson says: It Is my best judgment from all the information I can get that more than $)9 per cent of the disturbances and reported pro-German plots never existed. I think that it is time publicity was given to this view. I doubt the red menace having more basis in fact that the pro-German matter. It is a significant fact that many of the same persons who inspired the talk of pro-Germn plots are now promoting the red propaganda. Mr. Igoe. When was that delivered? Mr. MooEB. Within the last two or three weeks before the Harvard Liberal Club; within a month, I think. With the permission of the chairman, I will insert the full state- ment of Judge Anderson as it appears the World To-morrow of February — ^this month: (The statement referred to follows:) FEAE, NOT FKEEDOM, OTJK EEAI, DANGER. [By George W. Anderson, TJiiltea States Judge, Boston, Mass. An address to the Har- vard Liberal Club In Boston.] It is a fit and proper time for really liberal organizations of every kind to consider and discuss freedom of speech and the other great guaranties of lib- erty. It is a depressing, almost an appalling, fact that, as an aftermath of our ." war to make the world safe for democracy," real democracy now seems unsafe in America. It is increasingly clear that America's loss of valuable lives aud of money in this war was as nothing compared with her loss of moral, social, and political values. I shall enter upon no accurate and detailed discussion of the constitutional limits of free speech. It may be desirable that a citizen, who is also a judge, should not allow his mind to crystallize on some of the finer shades of that question. But I do now want to voice a protest against the prevailing propa- ganda of fear and hysteria which has led to most of the present agitation con- cerning limiting the freedom of speech, hitherto, on practical grounds, exer- cised without much regard to constitutional or even proper legal limitations. We and our English brethren have been accustomed, and probably wisely, on grounds of expediency, to allow a freedom of speech plainly exceeding the con-' stitutional limit. Now, most of the fear out of which perhaps dangerous limita- tions of this precious right are being advocated is, in my opinion, almost ground- less. Many— perhaps most — of the agitators for the suppression of the so- called " red menace " are, I observe, the same individuals, or class of forces, that in the years 1917 and 1918 -were frightening the community to death about pro-German plots. I want to say something about the pro-German plots and their danger to America. I ought to know something about those plots. It was my duty to know as much as any man in New England could know. As United States attorney from November, 1914, to October 15, 1917, I was charged with a large re- sponsibility as to protecting this community from pro-German plots. In Octo- ber, 1917, I went on the Interstate Commerce Commission; and was until the armistice in intimate personal association with the Attorney General, and with the men charged with responsibility as to discovering, preventing, and SEDITION". 167 punishing pro-German plots. What X now say I say entirely on my own re- sponsibility, but I say it after exchanging views with many others having analogous responsibilities during this war period. If m fact the pro-German plots were no adequate basis for public fear, and for legislative and offlciiil activities against the right of individual and social Uberty, it is quite possible that " the red menace," promoted in large part, by the same notoriety-seeking individuals and newspapers, ought not to frighten us to death. Now, I assert as my best judgment, grounded on the information that I can get, that more than 90 per cent of the advertised and reported pro-German plots never existed. I think it is time the publicity was given to this view. I doubt the red menace having more basis in fact than the pro-German peril. I assert the significant fact that many of the same persons and newspapers that were faking pro-German plots are now promoting " the red terror." Let us stop being scared at our own shadows. It is a time for calmness, for critical and dispassionate search for truth, for facts. We are overfed with alarming rumors and wild imaginings. One aspirant for high office issues a pamphlet wildly Inquiring whether " America Is worth saving." It is, and it is fairly safe ; even if he is not elected to the office to which he aspires. There will be no sunstrokes in Massachusetts this month. There will be no red revolution this year. I can not say there will not be some bomb thrower. A fraction of 1 per cent of the pro-German plots actually existed. There are reds ; probably there are dangerous reds. But they are not half as dangerous as the prating pseudo- patriots who, under the guise of Americanism, are preaching murder, "shoot- ing at sunrise," and to whom our church parlors and other public forums have hitherto been open. President Hadley* advocated some years ago social ostracism as the punish- ment for antisocial money getting. Personally, 1 doubt the desirability of deal- ing by law with the pseudo-patriot orators who would murder by shooting first and have trials afterwards. But I do seriously suggest that the social ostracism that President Hadley advocated as to antisocial money getters should be applied by our churches, clubs, and other public forums to the hypo- critical and noisy un- Americans who in this community for some years have, unchecked, been advocating crime and violence. Real Americans, men who believe in law, order, liberty, toleration of others' views on political and religious subjects, are not given to advertising them- selves and their patriotism. They have too much respect for Americanism and for patriotism to disgrace these fine words as they are being daily disgraced by those using them for personal or political notoriety, or even in some in- stances as weapons in industrial conflicts. The heresy hunter has throughout history been one of the meanest of men. It is time that we had freedom of speech for the just contempt that every wholesome-minded citizen has and should have for the pretentious, noisy heresy hunter, of these hysterical times. The Chairman. Proceed, Mr. Moore. Mr. Moore. During the war while he was district attorney, Judge Anderson was known for his conservatism and patriotism. It would be interesting to note how the efforts of the witch hunters have resulted in this country, and particularly in the city and State of New York. During 1917 and 1918 Mr. Newton had as his chief, his friend and neighbor, Attorney General Merton E. Lewis, of Eochester. There was another assistant, a man named Alfred Becker, of Buffalo. They are all Eepublicans. Lewis and Becker turned witch hunters. Just before the close of the last Congress they came down here and helped the ridiculous Democratic majority of the Senate Judiciary Committee to investigate so-called pro- German plots. They confined themselves to investigating Demo- crats, which was a novel kind of politics for me. They did that silly, political trick after the war was over and went through all the motions of old-fashioned heresy hunters and got great publicity. On the record they made here, Mr. Becker ran for attorney general 168 SEDITION. against Mr. Newton, who has addressed you, and Attorney General Lewis ran for governor against Whitman in the Republican pri- mary. All that the people wanted was to have primary day come along. It came and Mr. Lewis and Mr. Becker have dropped into a political obscurity from which nothing will ever rescue either of them. After the war began Mayor Mitchel, a very famous man in the city of New York and in the Nation, too, adopted all the repres- sive measures of which Mr. Newton spoke this morning. He would not permit anybody he did not like to meet in a hall, would not let Irish meetings be held. Incidentally, I forgot to remark in beginning my statement here that I was national secretary of the Friends of Irish Freedom, in which I have been active, and in the campaign for the Irish cause I ran up against Mr. Mitchel, who forbade us to .hold meetings in behalf of Irish freedom. Mr. Mitchel had been elected in 1913 by the largest majority that any man ever received in New York City, a majority of 122,000 votes, but when election day in 1917 came along Mr. Mitchel ran on his war record, backed by a fusion of all anti-Tammany elements, and ran very badly indeed. He was beaten by Mayor Hylan and got less than one-fifth of the votes, although it was in the most active period of the war, November, 1917. Now, with him and behind him in this policy of repression stood Gov. Charles S. Whitman, who was even more warlike than Mitchel was. Whitman certainly had no difficulty beating Mr. Lewis in the Republican primary, but his deep water came when he got to election day. Mr. Wliitman had been twice elected governor of the State of New York. If he could have gotten over that election day hurdle in November, 1918, you Republicans would not be discussing now whether Mr. Lowden, Mr. Harding, Senator Poindexter, or Gen. Wood should lead your party next fall, -Mr. Whitman would have been the only candidate. Where is he now ? Whoever mentions him ? He was beaten by 270,000 votes in the city of New York alone by Alfred E. Smith, Democrat. At that time we had woman suffrage, so the majority was naturally larger than it would have been under manhood suffrage. The Democratic Gov. Smith did not learn anything from the fate of these Republicans. Neither did the Democratic Mayor Hylan. They continued this same op]Messive policy, and in November, 1919, we went to the polls again. This time I was out openly against the Whole crowd of them because I knew exactly how the people felt on these things, and it seemed to me a political necessity to demonstrate that these things were not to be tolerated and should be effectively rebuked. The public just naturally looks to you for the welfare oi the whole Union, and I believe that this ought to be brought to your attention. Mr. GooDTKOONTz. Do you mean that the war is not very popular in New York? Mr. Moore. But in the war we fought to make the world safe for democracy, and there ought to be a little democracy at home, now at any rate. I do not know how it is in West Virginia, but I know how it is in New York. I started to say we should look out for these things at home. SEDITION. 169 Mr. GooDTKOONTz. I would not like to make your sort of cam- paign in West Virginia. Mr. Moore. You are probably going to make some sort of cam- paign in West Virgima this fall, and I will watch the result with interest. What happened to this Democratic majority of 270,000 during this last year of the Hylan administration? It disappeared com- pletely, and a Eepublican majority of 1,636 took its place. Tarn- many Hall was beaten m the county of New York for the first time in Its history m a two-party political fight. They have been beaten with fusion, but never when it was a straight Eepublican-Demo- cratic battle. Tammany lost the county of New York by 12,000 and lost the city of New York by 1,600; lost three counties out of the hve and the two counties thej carried were the smallest of the five. One of them has a population of 30,000 to 40,000 and the other 200,000. ' In other words, while the people are more or less inarticulate and while they read silently this propaganda stuff about reds and Bol- sheviki, etc., they are doing what used to be called "a powerful lot of thinking," and when they get to the ballot box they can do a powerful lot of voting. A lot of gentlemen who have denied the people their accustomed outlet for expression of opinion on these things, forgetting that the people are readers and not followers of newspapers, will wake up the moriiing after election to find they have been elected to some job in private life. Where does this antired, antiradical propaganda come from and why has there recently been such an extraordinary subsidence or diminution of this propaganda ? Who is putting on the soft pedal ? I have my suspicions. Why have the newspapers that boosted the pro-German plots boosted these mythical red plots? Because their inspiration comes from the same source, and that source is not far from London. I am going to call your attention to some things which might interest you. They appear to me to be extremely significant, and I think they are important enough to deserve at least a place in the record of this hearing. While Congressman Johnson, who spoke here this morning, and some of his colleagues were at Ellis Island to investigate the "red peril," getting a great deal of publicity for themselves, Attorney General Palmer was'piling up at the immi- grant station there a lot of "reds," afterwards deported on the liuford. The Buford sailed away with 249 deportees, and on the precise day she landed them at Hango, in Livonia or Esthonia, or whatever the place was — on the precise day that the Buford landed over there these 249 people that hated America like poison because they were fired out under no very gentle circumstances — on that very day England, acting through the supreme council at Paris, removed the blockade of Russia. Since then you do not hear any more propaganda about arrestSng Martens, the Soviet ambassador. He was going to be arrested to-night, to-morrow — " we will get him in the morning," was what we read every day. Attorney General Palmer 170 SEDrnoK. gave out a statement that a warrant had been issued for his arrest,, and on the 8th of January I telegraphed President Wilson this: For the sake of America's good name I urge you to countermand the order to arrest Mr. Martens or order his release if he has been arrested. Only a few months ago England arrested Litvinoff. To-day Litvinoffl is at Copen- hagen negotiating with representatives of Lloyd-George, ostensibly for the exchange of prisoners but pi-obably something far more important. Surely, if Mr. Martens must-* ?o, there is a better way to get rid of him than from eompulsion or arrest. ' I never saw Martens ; I do not know one of his crowd, and never came in contact directly or indirectly with him. Since I have been in Washington, only last night, I declined to meet him because I wanted to be able to tell your committee that I did not know him. I knew some one would ask if I did know him, and when I met him, then everybody would laugh. I didn't want that. I never saw the man and never had any connectioH with him one way or another. But when that cry to ari-est and deport Martens was at its height this deal was made by England to raise the Russian blockade. Now, Mr. Newton said this morning, and he made quite a point of it, that he did not find any contracts for the purchase of Ameri- can goods in Martens's office, but did find an approach to same. Mr. Davey said, "you don't call getting a quotation an approach to a contract, do you?" I know that in business that is one of the first approaches you make — when you quote your price. Mr. Newton did not disclose this, although it has been publicly charged in the State of New York and has not been denied; he did not tell you that when the Martens offices were raided 3,500 letters were -seized and afterwards photographed. He did not tell you that a man named Nathan, a Eoumanian Jew, one of the sharpest and shrewdest British secret agents, was in the raiding party of the New York State legislative committee. He did not tell you that 3,500 photo- stat copies of these letters were handed over to Mr. Nathan, who took them to London and within a short time took them to Copen- hagen to the Englishmen dealing with Litvinoff. He did not teU you that these photostats were imotographs of letters from and to American firms communicating with Russians that wanted to buy stuff and American manufacturers who wanted to sell and con- tained the prices the Russians were willing to pay, and that they were turned over to the English. Why, we are children in the hands of those fellows. It is almost mirth provoking to see the way these English people do us; they leave us at the post every time. After they have conducted a block- ade of Russia for nearly two years they induce us in America in New York, to raid this soviet establishment and secure those letters for them, and now we see they are going to raise the Russian block- ade. Within a few days I read in a New York paper that "the Russian people were awakening. Russia is coming to itself." Mr. Newton made a great point of the fact that no contracts were found. How in the name of heaven can you make contracts with men when, as Assistant Secretary of State Phillips said represent ing our State Department, ?' We have no blockade against Russia- we' have merely followed a policy of nonintercourse " What's the difference? You can not ship now to Russia; you can not sell to them nor are they allowed to buy. SEDITION. ■ 171 The Chaikm AN. Who was making that raid ? Mr. MooKE. The Lusk committee. I -wish Mr. Newton had told you all about the Lusk committee. The Chairman. What pro-English did you have on that commit- tee? Mr. MooEE. What pro-English? You had real English; no pro- English, in this fellow Nathan. The Chairman. How did whoever happened to be in charge of this raid come to turn these photostats over to him? Mr. MooRE. Why did we tiirn over the United States Treasury to Nathan's superiors during the war? The Chairman. I would like to know some reason for it. Mr. MooEE. I have been in the Irish cause since I was five vears old ^ The Chairman. I am looking for the facts in this, and the curious thing to me is why they would do these things. Mr. MooEE. This hearing is before the judiciary committee. Am I called to pass upon that Congressman ? The Chairman. To. us it is a bit astounding that Americans should raid that oiEce for the benefit of England. Mr. MooEE. I am glad to see that it astounds you. But I reply by saying it does not astound me for a moment. The Chaieman. Don't you think it astounds somebody besides you ? We would expect you to give us a reasonable line of iacts, and I would like to know what explanation there is. Mr. MooEE. Well, I will tell you: It is the same explanation that makes your Eepublican colleagues in the Senate now ready to jump because Lord Grey has snapped the whip oVer in London — all but the irreconcilables, who are patriots. The Chaieman. How about their Democratic colleagues over in the Senate? Mr. MooBE. I renounce those birds completely — all but Eeed, Gore, Walsh, and Shields — ^they are Americans. The Chairman. Go on. Mr. Igoe. Please continue on the Eepublican end of it. Mr. Moore. I must devote myself to the majority; Mr. Igoe, when you were in the majority I devoted myself to you. [Laughter.] I can not prevent the chairman and his party from marching through a slaughter house into an open grave if they want to do it. I am simply telling him that they are doing it. The Chairman. You see I have some doubt about the Americans being so foolish as you suggest. Mr. Moore. Do you know. Congressman, or can you tell me how America stands for a moment — what is the secret of Britain's power here ? Can you tell me why in this war we built hundreds of little torpedo boats while the British were building huge 35,000 ton battle- ships? Whether that was in our interest or somebody's else? T\Tiy is it that when there is any discussion between us and an English coterie it always turns out that the Englishman gets away with the bacon? England went into this war, Lloyd George said, on the 10th of November, 1914, and he did not make any ordinary soap-box poli- tician's speech. He said: "As the Lord liveth, England does not covet one yard of territory." And on the 15th of February following 172 SEDiTioifr. he said : " The charge that we are in this war for territorial aggran- dizement is a lie of the enemy," and nearly everybody over here ap- plauded it. What happened ? Lloyd George was riglEit. When they remade the map of the world at Paris, England got away with a million and a half square miles, not a yard. That is how the thing happeos. The English are always three jumps ahead of the rest of the world when it comes to intelligence. I thought Uncle Sairi was smart; but when he associates with Englishmen the comparison is frightful. The Chairman. I still take some pride in America. Mr. Moore. So do I, but I laiow the English are in ^ class by them- selves as negotiators. That's the result of centuries of world ex- perience. Our Americans went to Paris and fell among thieves. I am credibly informed— I do not know of my own knowledge whether it is true or not— that when Mr. Wilson came back from the peace conference he sent an awful lot of stuff to the laundry, but there was not a single shirt in the bundle. I see Mr. Husted sits there. I was interested in the questions that he asked this morning. His father was known all over the State of New York; he was in the State Assembly for years. They called him " the Bald Eagle of Westchester." His picture I have seen a freat many times in the assembly parlor. I wonder how James S. [usted would have acted if he were here. He was speaker of our assembly. I wonder how he would have acted down here, whether he would not have stood up on the side of sanity, on the side of the ordinary fellows in a time like this, instead of going mad over nothing. Don't you see what the game is? Don't you see the scheme is to creat a gulf of hate between us and Soviet Russia? We hate the Bolsheviki terribly. We are great haters over here. Do you realize that England fought against and destroyed every nation that she fought alongside of in this war, at some previous time in her history? Her hates all disappeared with the passage of time. Trade was resumed. Now, who are the Bolsheviki ? They are going right along running^ their own country. They have cleaned up everybody. There is nobody left to oppose them. Kolchak was " the supreme- ruler of all Russia." No one knows his present address. It is a country bigger than ours, so he could have an address in it if he was there. Deni- kine, the last we heard from^as on a boat in the Black Sea, headed, nobody knows where. The Bolsheviki are over there and they have got their enormous country. It is going to be a voracious consumer of commodities and a great producer of commodities, particularly flax for the north of Ireland. The British began to cultivate them as customers long ago and with their accustomed cleverness have made a gap between the Russians and us. We have sent over to them 24& apostles of hate. The English come with the olive branch and say, <« We are sorry for all thisj there has been a dreadful mistake. You have bcked everybody m sight and we forgive you. Now, let us get together and do business." You see why we Americans get left. It is because of our generous trusting disposition over here. But we Irish-Americans know these English. We have reason to. We have fought them and their treaties in Congress for 25 years and every time we have beaten them SEDITION. 173 and, I think, we will beat them again now. We have been able to con- vince the American public that the English are all right on their side of the ocean, maybe ; but they have got no business over here, and the less we have to do with them, the closer we stick to George Washing- ton, and the further we get away from Woodrow Wilson, the better it will be for America. Are there any questions ? If so, I will be glad to stay .and answer them. I do not want to run away too abruptly, but I must catch the 3 o'clock train to New York to preside at an Irish loan meeting. The Chairman. We are obliged to you for your statement. If there are no questions we will proceed to hear Mr. Kane. Mr. MooEE. I thank you, gentlemen. STATEMENT OF MR. FRANCIS FISHER KANE, UNITED STATES ATTORNEY, PHILADELPHIA, PA. Mr. Kane. I come before this committee with a great deal of dif- fidence, but at the same time because I felt that it was my duty to come. I am the United States attorney for Philadelphia and have held that office for six years, having been appointed by a very great man, who is now sick at the White House and whom I do not like tq ^ear criticized. I come before you because of an honest disagree- ment with the policy of my chief, Mr. Palmer, and I am, however, his United States attorney for the eastern district of Pennsylvania, my- resignation having been accepted by the President but my suc- ce^or not being appointed. But I must not be put in a position of at^king the administration more than is covered by the protest against certain policies, and which, of course, I made plain in my letter of resignation to Mr. Palmer and in my letter to the Presi- dent; but, inasmuch as "causes are considerably bigger sometimes than men, and inasmuch as I have taken a very decided position on this subject, I think that I ought to come here and answer any questions that you may want to ask me as to why I have done this somewhat extraordinary thing. I make this somewhat elaborate in- troduction because I can easily imagine that you gentlemen would otherwise hardly understand why the United States attorney in Philadelphia should come here before you and should apparently butt in, as it were. I was asked to come here by an organization that is interested in the defeat of these measures, and, as I had taken a very decided stand against any continuance of the espionage leg- islation in time of peace, I thought it right to come. Mr. CuEEiE. What organization requested you to come here? Mr. KLane. The organization known as the Popular Government League. I was first called over the wire, and then the invitation was epurteously renewed, and I understood this was a public hear- ing and that I might have something to contribute. Mr. Igoe. What is the organization? Mr. Kane. It is an organization of which, I am sorry to say, I knew very little. I think it represents various reform movements, and among others this movement now of a freer attitude toward speech and toward the press. Am I right, Mr. King? Mr. JuDSON King. I might explain the purpose and personnel of the organization if the committee desire it. I am the secretary of 174 SEDITION. the National Popular Government League. Senator Owen, of Okla- homa, is the president of the league. It is for progressive legislation. Mr. HusTED. I would like to ask the Federal attorney, if I may at this time, whether he is opposed to any legislation to suppress an- archy in this country ? Mr. Kane. No. That would be going too far, sir; but no addi- tional legislation. I think that we have enough at present, with the State acts that exist in those districts where the situation has been acute. We have, for instance, in Pennsylvania a State act which went further than I thought necessary, and there is in New York, I understand — I have heard you have an act there — ^but apart froJU that, it would seem to me that we have enough legislation, as I read the law, in section 6 of the Penal Code, together with section 4, which is the " individual " section, in reference to insurrection against the Government. Section 6 has to do with conspiracies. Then there is section 4, which answers Mr. Palmer's statement that there was no law covering individual action. Then there is, furthermore, a most salutory provision in the Federal law to which I want to allude a little later. Mr. Httsted. Are you opposed to any Federal legislation to sup- press the advocacy of anarchy? The Attorney General says there is no legislation on the statute books to suppress and punish the advocacy of anarchy, and I would like to ask you whether you are opposed to any legislation along that line. Mr. Kane. I think at this time it is quite unnecessary here. I am not sure that the time may not come when the mere advocacy of anarchy may need additional legislation. My position is that there is enough law on the subject; that we are suffering rather from too much law than top little. On the general subject, of course, I make a distinction between anarchy and radicalism. Mr. HirsTED. What statute is that to which you have reference to sections 4 and 6 of the Penal Code? Mr. Kane. The act of March 4, 1909, which is known as the Penal Code. Section 6 is the principal one. The other is a section of a judicial act which was originally in the Eevised Statutes. The judges of the Supreme Court and of the circuit court of appeals and district courts and United States commissioners — The committing magistrate, always available — and the judges and other magistrates of the several States who are or may be authorized by law to make arrests for ofEenses against the United States shall have, the like authority to hold to security of the peace and for good behavior in cases arising under the Constitution and laws of the United States as may be lawfully exercised by any judge or justice of the peace of the respective States In cases cognizable before them. Now, sir, if the man is advocating force and violence, I can not see why he should not be put under bond to keep the peace. Mr. HusTED. Does that authorize a bond? Mr. Kane. Yes, sir; the old-fashioned common law recourse which is had under State laws. Mr. Igob. Under what law would you hold him to keep the peace? Mr. Kane. As I understand it, he would be a member of a con- spiracy. He IS advocating insurrection. He is dangerous from that pomt of view. He is getting confederates. Of course, unless he had confederates he cauld do no harm. SEDITION. 175 Mr. Igoe. Under what law would you get hiui as an individual? Mr. Kane. That is immaterial, because, as an individual, until he got somebody to act with him he could do no harm. But what all these people are doing, or objected to as doing, is conspiring. Of course, there is such a thing. In this great United States it would be inconceivable if there were not some people who do be- lieve in overthrowing this Government by force. You will "have men so acting who are native citizens and can not be deported under the deportation statute. You want to punish him. You have there a statute which permits that the man be put undef heavy bail to keep the peace and to obey the law, not to associate himself with other people in such a conspiracy. The Chairman. In an. examination of the United States statutes that I have made in connection with this matter, I do not see how you could put them under bond under that statute. He has not been guilty of any known crime — except you can arrest him, pro- vided he is guilty of some particular crime. It does not define a crime. iMr. Kane. The magistrate does it in Pennsylvania where the man is dangerous and is going to commit a crime. The Chairman. Can you bind him over because he is threaten- ing to commit a crime or to instigate a crime under the laws of Pennsylvania ? " Mr. Kane. Yes. The Chairman. But this being a Federal offense you would first have to have a statute and then you would bind him over to abide by the consequences? 'Mr. Kane. That is it. Mr. Gabd. The contention of the Attorney General is that that section would not apply because there is no particular section upon which that action could be based ? Mr. Kane. My thought, sir, is that he would be about to violate section 6 of the existing penal code. The Chairman. Supposing he was not liable under section 6 be- cause you could not show conspiracy. Mr. Kane. If you can not show conspiracy the man ceases to be dangerous, unless he is violating a State law. For example, sup- Eose he is going about with a gun and therefore a dangerous man. [e can be put under bonds to keep the peace. Mr. Igoe. In that connection, where you say he would not be dan- gerous, do you mean that you would not punish him until he has convinced others and gotten them to associate with him ? Mr. Kane. I mean if you had reason to believe that he was about to do this thing you would bring him before the United States commissioner and affidavits could be made and evidence presented to the commissioner to that effect, and then he would be required to give bond. Mr. Igoe. If you had reason to believe that he was about to do what? Mr. Kane. To violate this act? Mr. Igoe. Which act? Mr. Kane. This provision in the statute, section 6. 176 SEDITI03S". Mr. Gaed. That is not a particular act. The act that you read does not define any crime. That confers jurisdiction upon courts and commissioners. Mr. Kane. This section 6 does? Mr. Gaed. Section 6, the conspiracy section. Mr. KU^NE. If he is about to commit a crime, of course, he can be bound over. Mr. Gard. But the intent does not. That is the contention of the Attorney General, if he incites to anarchy. Suppose some man stands down here and seeks to incite people to destroy the Capitol, just bawls out in that kind of language, and says " Follow me." Mr. Kane. Then, sir, he has violated section 4 of the penal code. The Chairman. Oh, no. Under section 4 it would be necessary for him to act, to incite insurrection or rebellion. Mr. Kaio;. But if he incites, there is the fact that he is assisting or engaging in rebellion and insurrection. The Chairman. But you have to show either rebellion or insur- rection first. Mr. Kane. I take it that these gentlemen who are advocating the sedition law believe in such a rebellion or insurrection. I, for one, do not believe in it as they believe in it. I do not mean to say that there are not people here, either wild or crazy people, who have been driven into that condition of mind, people who are wild with this idea of a soviet republic. Such people do exist and that is a danger and we must recognize it in the individual cases, but I do not believe, as the attorney general of New York believes, that there is this organized rebellion in this country ; I do not believe it. I have not seen any evidence of it. Mr. HtrsTED. In response to a question which I addressed to the Attorney General of the United States he stated that if a man right here in the District of Columbia in a public meeting should get up on a platform and advocate the assassination "of officers of our Govern- ment for the purpose of overthrowing the Government that there was no statute under which he could be punished. Now, I would like to ask you, assuming that is correct, whether you do not think that Congress should enact a statute under which the man advocating such a doctrine should be suppressed ? Mr. Kane. If we grant that there is no such, statute, I believe that there would then be a question whether such a statute is not needed, but I disagree with my chief, Mr. Palmer. I would point him to section 4, which reads: ' Whoever incites, sets on foot, assists, or engages In any rebellion or insur- rection against the authority of the United States or the laws thereof or gives aid or comfort thereto shall be imprisoned not more than 10 years or fined not more than $10,000, or both, and shall, moreover, be incapable of holding any office under the United States. That is section 4, to which I have alluded to before. Mr. Gard. As the chairman said, it is necessary to prove that the insurrection or rebellion was incited. Now, there is no law which governs in attempts to incite insurrection or rebellion. The Chairman. Let me call j'our attention to this in connection with that. Suppose he goes down here in the street and tries to in- cite a mob to come up here and burn the Capitol. That is not insur- rection or rebellion. SBDiTioisr. 177 Mr. Kane. No, sir; that is for the District of Columbia, and the district attorney for the District of Columbia being informed of it has the man examined mentally or puts him under bond to keep the peace. The Chairman. Would it jiot be proper for the Federal Govern- ment to have laws to protect its own property? Mr. Kane. Yes. The Chaimian. Supposing he says, " Follow me and we will go up here and surround this Capitol, keep the Members in, and throw bombs into the House and kill them." That would not be insurrec- tion or rebellion. Mr. Kane. As to that, you ought to have a very different statute. The Chairman. It does not come under section 4, so far as I know, or under any section that we have got, and the question is whether we ought not to be in a position where we could protect ourselves as oiBcers of the Government. That is the real question in this contest. Mr. Kane. Mr. Chairman, you have put your finger on what I think is a weak spot in our Federal legislation. You will find, I think, that there is nothing to protect Federal property from ma- licious mischief, just because it is Federal property, other than the sabotage act which was passed during the war. There are, of course, pravisions in our Federal penal code punishing the burglary of Gov- ernment buildings, or the theft of Government property, but I do not think there is any statute punishing the molestation of Federal real property. For exEdpple, if a man should apply a torch to the Federal building in Philadelphia he could be immediately arrested for arson under the State law, but he would not be amenable to any Federal law that would punish him, although if he took a single penny of property or a single article of stationery away from my office there in the Federal building he would be amenable to the Federal law. The sabotage act, which, I think, ends with the termi- nation of the war, was passed to cover the destruction of property in the case of the munition manufacturer or the contractor working under a Government contract, and it also covered Government prop- erty ; I am quite sure it did, but its life will end with the war, and it may be that under the laws of the District of Columbia here in Washington, as under the laws of the States, there is not sufficient protection given to Federal property. Mark you, that is a very different thmg from magnifying the thing into rebellion, which it seems to me we ought not to do, unless we are absolutely sure of our facts. , . . Mr. HtrsTED. As I understand your statement, your sole objection to legislation to punish the advocacy of the use of force and violence to accomplish the destruction of our Government is because you say there is now sufficient legislation in existence. Mr. Kane. Yes. ^^ . , „ Mr. HtrsTED. Now, the Attorney General of the United States says there is not sufficient legislation in existence. That being the fact, what objection could you have to the passage of a statute that would put that question beyond all doubt? Mr. Kane. If it is limited to that, I think I would have no objec- tion at all because we will all agree that that is a very great crime, and it would be idle, I think, to say that there had not been instances 166718—20 12 178 Sedition. of it or that it would do no harm. There would be no objectionable side products under a law so limited.' I have something to sa^ about that. I can not think of a better phrase than " side prod; ucts "—the side products of district attorney's offices and the courts, or of the Labor Department, if you wijl, in enforcing deportations; evil side products which you, in your wisdom as legislators, ought to guard against. That is my objection to a Federal sedition statute. Now, of course, it is unnecessary to add that the condition ihi^ht be so serious as to require such legislation with its attendant evils. I, for one, do not think that the situation now calls for such laws, and I believe you will do much more harm than good by the passage of such an act even as Mr. Davey has skillfully drawn. I think that even the first section is going too far. I would like part of it changed, but then to go on and punish the spoken or printed word that incites to all that is contained in the first section is going much too far. 1 also think that it is going much too far to provide that after the sentence, we will say, of a few months, which the judge mi^ht impose in the case of an ignorant alien, the alien shall be necessarily deported — taken from his wife and family if he has been living here for 10 or 15 years and more and banished for life. You will thus incidentally cause a great deal of suffering and stir up a great deal of trouble. The Chairman. I agree with you on the deportation. I do not think anybody ought to be deported unless, he is at least convicted of crime for which a judge will impose sentence sufficient to make it a deportable offensq, Mr. Kaiste. That is a very serious matter. The Chairman. It might be imposed by law, but on the other hand Mr. Kane (interposing). I am very glad to hear you say that, because it is a very serious question which can not be brushed aside. When we were children we wondered why exile was such a terrible thing. I have now come to understand why the old Romans should have feared exile worse than death. Now, may I come back, and, if I am not trespassing upon your time, may I in a very brier way make such a contribution to the dis- cussion as I think might be expected from a United States attorney? There are two or three things that have been' borne in upon me. Mr. Davey. May I interpose at this point ? Mr. Kane. Yes. Mr. Da VET. There are two or three questions I would like to ask. The gentleman speaks about the horrors of deporting men, and I wonder if it is so if he considers it horrible to deport a man to the land and to the Government that he so much prefers, assuming that he has been advocating the overthrow of this Government and the substitution of the soviet system? Is it so horrible to deport him to the land that provides that system of government? Mr. Kane. I can say that if he wants to go we will not waste any sympathy with him. I have been told a number have said they wanted to go who have been arrested in the recent raids; moreover 1 know just the feeling of the native-born American in America who says it is well enough for us Americans to talk against our SEDinoiir. 17'9 Government, but we have no sympathy with you. " You came here, and you are now abusing the hospitality which we offered. You go back." But, looking at the thing in the broad, you can not dis- miss it that way. With the man who has come over here and has been here two or three years, who came over here to agitate as some of these men have done, we have no sympathy at all. With the man who came over here, however, to better his condi- tion, who has stuggled as many of these men haVe, I have in mind a man whose final sum of wages when recently arrested was $100 a month and who had a number of little children, as many as six chil- dren, and a native-bom American Methodist wife, who is, I think, not at all in sympathy with his wild ideas. He had been attending meetings with people like himself who were aflame with this idea of the soviet republic. His wife and children say he was a good worker. You are told, for instance, that he was such a lover of peace that he did not like to drown a kitten in his house, but had to get somebody to do it for him. Many of these people are of that kind. You may say what you like about it, but they are not fighters ; they are not born that way. They have not a bit of Irish blood in their make-up, and it is pretty hard when you go up against the problem, and the problem is there, because a great many of them are poor stupid " galoots," who are being carried away by this wild talk and who are feeling now that, perhaps, America is not quite the place that it was cracked up to be. Have I answered your question ? I have no sympathy at all with men who have come over here to make trouble, but I have the greatest sympathy with the people who have come here to live and who have been living decent lives and who do not really intend force. Of course, if they do intend force, it is quite different. Mr. Davet. Is the gentlemen willing then, that these poor dupes, and I think in many cases they are the innocent victims of poisonous propaganda, is he willing that that poison should be continued to be used to poison those same kinds of dupes to pervert their notions of life and government to cause them to take an oath to overthrow this Government and all forms of government? Is he willing that that poison should be spread and continue to be spread ? Mr. Kane. I am not willing that it should be spread, no ; because I believe that an antidote should be used, but this is not the anti- dote. I do not think you can get anywhere by legislation of this Mnd. I have seen too much of it. I can tell you of my first socialist case, an espionage prosecution, which was absolutely necessary; there was no possible question as to the necessity, for the prosecution be- cause circulars were sent to people on the draft list. I had no sym- pathy with the woman who was convicted and sentenced, but I picked up a paper the other day and read that she was running for some office. She got a lot of notoriety, because of her sentence of three months in prison, which made her a martyr to the cause. I think her doctrine was absolutely pernicious; there was nothing that could be said for it. She believed it was right to resist the law. The case was like that of a young conscientious objector who in our court got up and said, yes, he did not believe in law. He 180 SEDITION. therefore got the maximum punishment under the law. If your object is the accomplishment of some specific thing as, for instance, the raising of an army, an army which is to be contributed to by everybody, a great democratic army, if your object is a specific thing like that, you may help in its accomplishment by sending peo- ple to prison under an espionage law. Your object in such case is not to convert people, not to get out of their minds this or that — not to show them that the idea of an industrial republic by one class, the proletariat, is an iniquity. You could not, for instance, by punishing the man that the Attorney General of Nfew York spoke about get him to take a more liberal view of the millionaire who rides up Fifth Avenue in his automobile instead of having to take the subway. In other words, if you want to bring about a better belief, if your object is to convince people of the truth, you can not do it by punishing them. Temporarily, you can withdraw the poison but the poison is there unless you meet it by a real antidote. Mr. HusTED. You do not find any parallel between this legisla- tion we are now considering and the espionage . act, for example. The legislation which we are now considering does not in any way prevent the expression of political opinion of any character, how- ever violent the change desired may be. It does not affect that at all. It is limited to the punishment of the advocacy of the use of force and violence, meaning physical force and violence, as the means of accomplishing these changes, but if they do not advocate force and violence as a means of accomplishing those changes then nobody can be punished under this legislation for the expression of political opinion of any character. They can advocate communism and soviet government and any form of government they please, and they are absolutely safe as far as this legislation is concerned, but they only come within its provisions when they advocate the physical use of force and violence as a means of accomplishing their purpose. Mr. Davet. Right there I would like to call the gentleman's at- tention to the naethod by which yellow fever was stamped out. Medical science determined that there was only one way to destroy yello;w fever and that was at its source. If I understand the posi- tion of the gentleman, he would be willing to have the germs of yellow fever propagated and spread and then attempt to meet it by some counter remedy. Mr. Kane. No, sir. Mr. Davet. And if I understand it correctly, he would be will- ing to have the torch carried with which to burn a building and the advocacy of the use of force and violence and the destruction of persons and property all up to the point where the actual overt act occurred and combat that with soft words. Is that correct? Mr. Kane. No.- That is going very far and stating a position which I do not see is mine at all. Let me take up first this thought of Mr. Davey's and then let me go back to the other question. I believe that modern medicine has made a great advance not in treat- ing symptoms but treating causes, trying to get to the causes of diseases. Modern doctors tell us there are only two or three specific medicines which will really reach the causes. One pf these won- derful drugs is quinine, which really does get to the cause of malaria SEDITION. 181 and they admit that it is a specific ; they use it in malaria. In yellow fever, I believe, the cause is in the transportation. If you shut yourself in and beep out of the way of the mosquito, you rid your- self of the cause of the yellow fever. That is the way to really cure disease. Do you really think that discontent such as is manifesting itself now, and which has manifested itself always after a war, and after there has been a certain amount of upheaval of various kinds, do you really think that punishing people is meeting the cause of it? Mr. Davey. I will answer the gentleman. I am glad you brought that up. This legislation is not aimed at discontent. It is aimed at one thing, the spreading of the poison of the kind referred to, which is the use of force and violence to overthrow our existing institu- tions of law and organized society. That is the cause to which we ought to limit our discussion, the poison emanating from, paid agitators. Mr. Kane. Let me get to that in another moment. Some people say meet propaganda by counterpropaganda. But you meet the evil best by removing the cause, and not merely by stopping the propaganda as propaganda. You have got to go- to the reasons why a man is a propagandist and meet th<» evil that way. But let me go to the objection raised a little while ago, if I may pass from one thing to another. You said that this act was simply directed to meeting the advocacy of the overthrowing by force and violence of the Government. I resigned my office as United States attorney because I thought that the communist raids — raiding peo- ple just because they were members of the communist party — was a mistaken policy and in the end would react unfortunately, and I did not want my party to stand for that sort of thing. I read very carefully, of course, the manifesto — or the' program, I think it was — of the communist party. There is not one word in it of force and violence. I think that the attorney general of New York this morning was in error. I stand to be corrected. But I do not think there is one word of force and violence in the "program." They do not dare put it that way, those who believe in force and violence. You have no idea how difficult it is to reach the real evil, and how ineffectual such legislation is. Let me speak of a particular case by way of parenthesis. I will tell you a story I heard the other day, in which I know of a man who is actually doing a lot of harm by his propaganda; a dangerous man, from our point of view, who advised another man not to become a member of the communist party because he had got a side " tip " that they would land him in jail. The man, not a member, is a much worse man than the man who is, and so the people who go to the halls we do not know any- thing about in New York are much more dangerous than if they were going to the 80 or more places the police nad formerly under surveillance. What we are really aiming at we shall not attain by this legislation. That is the answer I would make you. The Secretary of Labor has recently adopted in a communist case that has come before him the line of reasoning that, although there is no direct appeal to actual violence in the manifestos of the com- munist party, there is an implied appeal in them to the thing for- bidden by the statute — the overthrow of the Government by force 182 SEDITIOlir. a»d violence— and men are to be deported on the theory that by, joining the party they have impliedly advocated the forbidden thing. In the same vcay, I think, persons will be convicted under the pro- posed act on an argument deduced from the words they have used and in many cases that argument will be unfair and incorrect. They, will not actually be for force and violence any more than many of those who have been arrested under the deportation statute. You will have people brought in who will say, "We do not believe in actual force and violence, but we believe in the general strike; we do believe in direct action." Mr. Davet. To accomplish what? Mr. Kane. If they say the overthrow of this Government, if they go that far, you will not have much difficulty to get a jury to con- vict them. But there is a middle ground — ^men who take the posi- tion that they do not believe in force and violence. The Chairman. We have, in the hearings a number of direct ap- peals for force and things of that kind. Mr. Kane. And there will be men who will be much like that reprobate Cohen, whom the attorney general spoke of, who would boldly turn against our Government — ^perhaps also such a man as this man Gitlow who was convicted yesterday. You will find indi- viduals whose utterances go beyond the limit of the law. The Chairman. I will give you my idea briefly. It seems we agree. If the law is so broad that when the man is charged with an offense the general public would sustain that sort of charge, assum- ing that it was true, then I think that the trying of it out has a valu- able educational influence throughout the country. If, on the other hand, the charges are of such a nature that a large number of people think it is likely to be of an unfair nature, then I think the tendency of the trial is detrimental to the Government. Usually unless we put it in such guarded language that we can be sure that in prac- tically every instance where a man is charged the public will sus- tain the charge, I think we had better not pass the law, but I am inclined to think in the other case that the Government "would profit by it. What is your view ? Mr. Kane. My view is that there is at present far too much re- pression. I think there is some reaction, but I think that present conditions will continue, and that for some time to come there will be too much repression instead of too little. Therefore, I am op- posed on general principles to any new law. The Chairman. Repression now or as it applies to the former ele- ment of it? Mr. Kane. No, sir; I can give you an example in my own town. Let me say that my position is that there is too much repression in this country of free speech and of the freedom of the press, that we do not need any legislation on the subject, that the public has gone much too far. I mean to say there are times when you feel the sen- timent of the majority — it is all around you, and yet if you are a wise legislator you do not necessarily crystalize that sentiment into a penal statute. , Let us look at this thing fairly. What sort of repression is going on? About two months ago, I think it was, a clergjrman wanted to speak, to make an appeal for the pardon of certain offenders; he SEDITION. 183 called them "political offenders." We do not like the expression. We have fought against it because it is foreign to our laws to have political offenders ; any particular class of people who have violated our law, should be treated like other people. But the clergyman wanted to come and talk in favor of these people being pardoned. He went first to the next largest city in my district, Eeading, and I heard, when he was going to speak in this place, that the meeting had been called off. He was not allowed to speak. He tried then to speak in Philadelphia and I have not been directly informed, I am subject to correction, but I saw in a newspaper that he could not speak in Philadelphia. I was not consulted at all, and the man's plea was simply that these people had been wrongly convicted, or that their sentences had been excessive, and that they should be par- doned. He was afterwards listened to by a few fellow-clergymen who got together behind closed doors, and one man, an Army chap- lain, said " this is really too much, Mr. Tucker has told us facts that ought to be known." But there was no public criticism of the action of any of the authorities in denying the man the right to speak in public, and there could be only one justification of such a denial of the right to speak on such a subject — one excuse alone — ^that the speech would have caused disorder which the police of our great city could not have prevented. ' The Chairman. I suppose there was some reason offered there, although I do not see any justification for it; but it must have been under some State authority ; there is no Federal authority. Mr. Kane. No, sir; there is no Federal authority to suppress meet- ings. I am instancing that to show the temper of the people. It was a meeting of protest against that denial of the right of free speech. Mr. Davet. What was the minister's name? Mr, Kane. St. John Tucker, who himself was convicted and wanted to speak. Mr. Davey. Is he not an active leader of the revolutionry move- ment ? Mr. Kane. I do not know whether he is or not. Excuse me, sir ; but there is just the trouble. We are obsessed with the thing and ask is the man not a dangerous. radical? If he is, surely we were such children as to be unable to listen to his appeal that certain people should be pardoned ? I will make a confession before you gentlemen. I have had occasion to pass on these questions as district attorney and in time of war it has not been easy, but thank goodness, and there I agree with my Irish friend, we are out of the war, and we need not now close people's mouths for fear of the effects of free dis- cussion. There is something cowardly about that. If the Soviets are going to fight us, let us fight them honestly and in the open, but I do not believe that they are going to fight us in this country. If they are, it seems to me a cowardly thing to repress them by such methods. . . May I go back to my original thought, which was this: During the war we could not make distinctions. It was not possible to make distinctions. If the complaint came in that a man had abused Amer- ica, you sent an agent to him, or if it was the sort of case you wanted to look into otherwise, you worked indirectly and so found out the 184 SEDITION. facts, because the man might have been a German spy or doing some work for Grermany, and we had to do that again and again. Some- times, of course, people acted on spite, or the man who had been baited into making the'objectionable statement by some over zealous citizen, and when you found out the true facts you would make as little fuss about it as possible; but of course, the newspapers would often take the matter up — often great injustice would be done — ^you could not help it. And the side results, the side products, of such proceedings were bad. They did not make for good, law-abiding citizenship. But it was war; we had to do it. And no complaint ever came to my office, I think, that even seemed to be trivial, that was not run down; because I did not know that it might not lead to something very dangerous. Those are neccessities of war. Why should they be continued in time of peace? Mr. Igoe. Was it in your district that those bombs were sent that were referred to by the Attorney General the other day ? Mr. Kane. We had one in my district; one very serious bombing, and it was connected, undoubtedly — I do not know whether that is what you refer to — well, I will answer you directly : There were two cases of bombing in my district, two distinct cases, as I recall them ; they were both serious, they were both in July. Mr. Igoe. Were they connected up with this communistic agita- tion? Mr. Kane. I do not know. The little information that I have on that I must plead privilege about, because I do not want to infringe in any way — ^well, I do not want to talk about that except to my chief in Washington. But there were two very serious bombing cases. One was in a Catholic church; the rectory was nearly de- stroyed, and as I recall it, that occurred about the same time as this horrible outrage in which Attorney General Palmer nearly lost his life. Mr. Igoe. Was that outrage in which a Judge Thompson was at- tacked in your district? Mr. GooDYKOONTz. That was in Pittsburgh. Mr. Kane. No; there is a Judge Thompson in my district, but I do not recall that. Was Judge Thompson's house bombed ? Mr. Igoe. Yes. The Chairman. Yes ; they attempted to blow up his house. Mr. Kane. Judge Von Moschzisker — a curious name — ^the front of his house was shot out by a bomb and that was the time that there were two other bombing outrages the same night. The case was an extremely interesting one to a person interested in running down crime, but we never have got hold of the perpetrators of that outrage. Mr. HusTED. Do you think it is quite fair to charge against a statute such as we have outlined here, limited to the punishment of force and violence as a means of overthrowing the Government, the maladministration of other statutes due to the war conditions, or other causes, cases which you have yourself instanced ? Mr. KanS. I think it is. I do not think it is maladministration to investigation and follow up; I do not think that is maladminis- tration, ' I think that is inevitable ; and I think you would have in- nocent people — innocent and ignorant people — ^very often made the goat, unnecessarily, to no purpose. SEDiTioisr. 185 -Mr. HusTED. Perhaps I did not make myself quite clear. You cited cases of repression? Mr. Kane. Yes. Mr. HusTED. Perhaps unjustifiable repression, due to certain con- ditions existing in a locality. Do you think the fact that peace offi- cers, perhaps, went beyond their powers in those respects is any valid argument why we should not pass a statute here to punish the advocacy of physical force and violence as a means of overthrowing the Government? Mr. Kane. I think that if there were a reason, a good reason, for the passage of the act, if you were really going to accomplish a good end by the act, it would be no argument at all to say that there were side products that were bad and injurious to the community. But if there is no good end to be accomplished; if this legislation is un- necessary, and if the only end — really, I go so far as to say that I am inclined to think that the only end that will be accomplished will be an increase ta this evil, rather than a lessening of it — ^why have a statute? That is my argument. Mr. Davet. Why have a law against murder, then? Mr. Kane. Because the law prevents homicide; the law prevents homicide, and we know there is no question about it, that life is a desirable thing. Mr. Davet. As a matter of fact it does not prevent murder ? , Mr. Kane. Well, you know what I mean. Of course, in one sense, no law ever prevents crime. We lawyers think too much of laws. But there is no question about it, that if we did not punish murder there would be more murders ; there is no question about that. But if you want really to get at the truth of an economic question, face it bravely ; do not repress discussion ; do not thing these people are not open to reason. I alluded a little while ago to a really dangerous man; a man whom I regard as a danger. He was made dangerous, I believe, by having been beaten up by the police in a bad strike at Paterson, N. J., long years ago, and the iron entered into his soul, and he has been a dangerous agitator ever since. I admit that I think he is dangerous, the man that I have in mind. If you put that man in prison temporarily, you would g^et him off the face of the earth, in a sense ; but all his followers would be in the open and more dangerous for what you did. And if you think that the false political economy which he is teaching, the bad politi- cal economy, or the bad political science which he is teachingj to wit, the rule of the proletariat, in this particular case, and agamst the rule of all the people our American idea, will be stopped by putting him in prison, you are very much mistaken. We faiow we must not be blind ; we must not forget that m the past repression has been tried again and again, and always with the same sad results. You do not really reach the truth in that way. Mr. Igoe. May I ask you a. few questions? I am trying to get at your point of view about this thing. Mr. Kane. Yes. Mr. Igoe. This dangerous man that you speak of, if he went about teaching and advocating and advising the overthrow of the Gov- ernment by physical force and violence— not merely seeking a change in the form of government, even though it be to a soviet 186 SKDinoi;. form of government, but advocating the destruction and overthrow of the Government by force and violence ; teaching it and preaching it publicly, do you think under section 4 of the Penal Code he could now be indicted and convicted? Mr. Kane. Well, just as soon as the evidence of what I believe to be what that man is probably doing now — ^just as soon as there is evidence of that kind, I do not see why he can not be. Of course, there has got to be evidence. And I will agree with jovl perfectly that it would be much easier to catch him under section 1 of the Davey Act, if it is passed, than under section 6. It would be easier to reach that man, I think, under that section as drawn. Mr. Igoe. Section 6 is the section relating to conspiracy; it was section 4 that I asked about. Mr. Kane. I mean section 4. It would be much easier. But can we not risk the danger? I assure you that I have not lost any sleep since I heard of that man in Philadelphia. I believe that suf- ficient means are at hand. I have known of that particular man for quite a long time ; and' the minute that he does anything overt, the minute the man is armed or there is an armed meeting, or the minute he begins to incite to force and violence, we can indict him under section 4 or he may be prosecuted under the Flynn Act, which is our State law. Mr. Igob. Do you believe that the prosecution should not begin until he has actually put into some action in his own way the doc- trine that he preaches? Mr. Kane. Yes. Mr. Igoe. You distinguish between the action or the result, and the preaching of the doctrine ? Mr. Kane. I do. I am inclined to think, sir, speaking generally, that the distinction that our forefathers made in drawing the trea- son clause in the Constitution was a wise one; that an examination into a man's private opinions is not desirable or necessary, and I would be wilhng to wait until I got the evidence of some overt act. Is that plain? Mr. Igoe. Well, I am just trying to see how far you go as to the right of this man to express an opinion. You would not, assuming that therg was not any section 4 of the Penal Code, pass an act which would make that punishable, because you fear the effect upon the general public; that is, it might encourage people to adhere to the cause that he supports or the doctrine that he preaches ? Mr. Kane. I am very much opposed to such action unless abso- lutely necessary, because I have seen the thing in the working. I think it is because of what I learned when I was at school and col- lege that I am opposed to the punishment of people for the mere expression of opinions unaccompanied by action. I am opposed to it on general principles. Mr. Igoe. I understand. Mr. Kane. And I think that such a punishing of a mere ex- pression of an opinion not amounting to an incitation to crime is unnecessary and unwise because there is a difference, there, you know Mr. Igoe (interposing). That is what I am trying to get at. Mr. Kane (continuing). You are enacting a dangerous statute, one that runs contrary to the judgment of the best and wisest people. Sbdition. 187 Mr, Igoe. You think the public, the majority of the people of the country, while they do not approve, ought not to punish the preach- ing or advocacy of the destruction of the Government by force and violence? Mr. Kane. Well, now, youi are putting a little more in the state- ment. If a man is really advocating that thing, he must be inciting to it, and I do not see why he would not be punishable under sec- tion 4. The Chairman. But under section 4 you must incite and " set on foot" a rebellion or insurrection. It seems to me that that neces- sarily means that a rebellion or insurrection must be accomplished. Mr. Kane. No, sir; you may incite without accomplishing it. A man incites to a crime many times when the crime is not committed. The Chairman. But it says " incites and sets on foot." Mr. Kane. "Incites, sets on foot, or assists or engages in." The Chairman. Can you set on foot a rebellion or insurrection unless there is actually one? Mr. Kane. Well, the court may so rule — ^I do not know — ^but in this brief which I have before me the question is treated. One court has said that such a case would fall within section 4. The Chairman. The Attorney General takes the position, and I think he is probably correct, that it is necessary to prove under that section that an insurrection or rebellion has actually taken place, which has been incited, etc., by the defendant. Mr. Kane. In this brief, attention has been called to two or three cases on that point. The Chairman. I have not examined the cases, but they have examined them at the department. Mr. Kane. I was handed this brief this afternoon, and it is going to be submitted to the committee by its author; I have no right to steal his thunder; but in it is cited a case where that section has been held by the court of appeals very recently— it is either section 4 or section 6 which has been construed — ^to mean that, without an actual rebellion being accomplished, the incitation to it would be punishable. _ . . ^, , . , The Chairman. I have not seen any decision on that point. Mr. Kane. I will not pause to cite the case now, because this bnef will be submitted to the committee, and I have no right to mtro- Mr Boies. If you believe that this bad man whom you speak of would be punishable under section 4, why do you object to a Federal law that would punish him? Mr. Kane. This is a Federal law. This section 6 is a Federal law now existing. _ „ , ,, • , i . Mr Boies. Is it not true that if you allowed this bad man to go on and advocate the overthrow of this Government by force and violence, he will keep going on until he performs the overt act? Mr. Kane. No. You will see that the conspiracy section does not require anything more than the spoken word; and this bad man— we will have to go on calling him " this bad man," because I can not give you his name , , , . i /c j Mr, Boies (interposing). You say you have held the office o± United States attorney ? Mr. Kane. Yes, sir; I still hold it. 188 sedition! Mr. Boies. Now, if this bad man, according to your description, heard you presentation of this case to-day, would that make him a better or a worse man, in your judgment? Mr. Kane. I do not know that I understand you, sir. Mr. Boies. Would it be an encouragement to such a bad man? Mr. Kane. Would it be any encouragement to him? I really do not know. I never have found myself worried about the results of being just and true and honest, even toward a criminal. And I can not feel that I am doing wrong— if that was the innuendo of tlie Congressman's remarks, that I was by this speech inciting to vio- lence — well, you will have to make the most of it. I have not the slightest twinge on the subject. I should esteem myself a miserable coward, in the office of district attorney, if I felt that I should come down and oppose new legislation, and did not come provided I had already explained to my chief what my views were. I think it is the first time I have ever, in the six years, appeared before any com- mittee on any legislation, because, as long as I did not make an issue with my chief, I adopted the view of the department. I agreed, and we had team play, of course. But here I did disagree, and I made my protest, and it seemed to me right to come down here. Mr. Gasd. Your disagreement was because of the policy of the Department of Justice in these communist raids; was that it? Mr. Kane. Yes, sir ; that was the occasion. Mr. Davey. May I ask the gentleman, is it his position that in cases where men are incited to overt acts, the dupes should be punished and not the principals ? Mr. Kane. I hope not. My object in coming here was to oppose new espionage legislation, and I got off the track a little when I refer to deportations. My objection to the deportation raids was to proceeding against people en masse, when we knew that the dupes would be caught and that many of the really guilty would escape. Mr. Igoe. Your principal objection, as I understand it, is that you feel that in reaching these extreme cases we might pass a statute which might, at times, be used to convict many others who had no Mr. Kane (interposing). Yes; and that the effect of it is b&)4. NoWj may I say just one or two words on that point, and then, in conclusion, thank you for the courteous hearing which Has been accorded to me. It is certainly bad to confuse in the public mind radicalism and the thing that we have been talking about. And yet if you have a stringent statute on the books, such as this would be as I read it, you would inevitably be doing that. Not only would there be hard cases under it — cases where there would be, as I think, real oppression; but you would be confusing two thoughts in the mind of the public Instead of clarifying the situation by a legislative definition, you would be doing quite the contrary. In closing, may I ask permission to read this little circular? I am not a member of the society that penned it; but I think you will agree with me that it is a fine statement of belief — and I believe it expresses the true belief of the public, the real belief of the public, or that it will be so soon be the belief of the public that we need not worry ourselves about the situation. . It is not what you see in the headlines of the press ; it is not what is being shouted from the housetops. But it is the sober, second thought SEDITION". 189 of the people. You may say it is the pronunciamento of a body of pacifists. I am not one of them, but I know of them, and therefore I can speak of the Friends or Quakers in my community. I was not reared a Friend, and can not accept their principle of nonresistance. But the statement shows how this repression of speech has touched them. The Quaker does not like it; the Quaker, of course, is an ex- treme individualist. Theodore Eoosevelt said he makes a bad citizen, because he does ,not take to team work easily. But this pamphlet shows how those people — and there are many of them — view the situ- ation, r And it is to prevent this sort of thing — or, rather, to clear the air — that I hope and pray that this committee will not recommend a new sedition act at this time. Mr. HusTED. Do you think that these people appreciate the limited character of the statute that is proposed to be enacted? Mr. Kane. Well, this is not dated, and they may not have known of the Davey bill. Yes ; the statement is dated the first month, 20. I believe they did know of this bill; I do not know. But, be that as it may, it is a fine document; and it sets forth our point of view. It is so able and strong — it is not long — ^that I want to have leave to I'ead it to the committee. [The representative meeting of Philadelphia Yearly Meeting of the Religions Society of Friends for Pennsylvania, New Jersey, Delaware, and parts of Maryland.] Philadelphia, Pa., January 20, 1920. To all who love representative government in the United States: OuB Fellow Citizens: The perils of the war are behind us, but the prob- lems of peace are before us. The world Is seething with unrest, disturbances, and conflicts. New Ideas are finding expression, new theories of social life are being voiced, new demands for changed conditions In government and industry are assailing our traditional Institutions. Extremists, both reactionary and radical, are proclaiming strange creeds. We in America, though distant from the storm center, are finding that we are not immune from this world rest- lessness. It has knocked at our doors, it has crossed our threshold, and it is asking us the searching question : How will you deal with this confusion of thought and turbulence of action? Upon the way in which we answer that question in our national life hangs more than we know of good or evil for our country. There Is one way — and one way only — ^in which we can hope to achieve sane and peaceful progress. It is the way of education, of increasing understanding of the causes and cures of this great unrest. And there is one condition — and one condition only — ^upon which we can hope to follow this path of peaceable and orderly advance. It is the condition of individual liberty, liberty to interchange Ideas and informa- tion, liberty to speak and write, liberty to discuss. In any other direction lle% stagnation or upheaval. Because we believe liberty of expression to be of the highest importance to the welfare of our Nation and of the coming generation, we are profoundly dis- turbed by the widespread tendency to forget and depart from this principle. From many quarters we hear of speakers prohibited from delivering addresses, and of meetings prevented or broken up. In recent strikes the police and powers of government have been invoked to enforce the prohibition of gather- ings. Instead of to protect men in their lavsrful right of peaceable assembly. The menacing and pernicious Interference with meetings by organized groups of private citizens In the name of patriotism Is a sinister blow to our American liberties, which should not go unchallenged. lu challenging the right of five Socialists to take the seats to which they were duly elected, the Legislature of New Tork'has laid violent hands upon the foundations of representative gov- ernment. Sedition laws for peace time, such as those already passed in some States and those now pending In Congress, are Inroads upon the domain of American freedom, pregnant with Injustice and danger. 190 SEDITION, No. man can measure the harm that may ensue If we continue these encroach- ments upon freedom of expression. History is replete with lessons of the folly of suppression. Many a religious and political martyr should have taught us long ago that you may torture and kill and silence men, but you do not silence truth. The ancient truth spoken when Christianity was the feared and hated doctrine still holds to-day : " If this counsel or this work be of men it will come to naught, but If it be of God ye can not overthrow it." Yet while suppression can not silence truth, it can work many evils. It can produce stagnation of mens' minds, and in so doing cut the taproot of democracy. It can bring dis- aster to those who impose it, as it did when the Federal Party passed the sedition law of 1798, and in the words of a leading historian, " From the day the bill became law, the Federal Party went steadily dovm to ruin." It can produce revolution. Let France and Russia bear witness. " I will make them conform or I will harry them out of the land," cried James I of England against the Puritans, and these words, it has been said, " Heralded the struggle which within half a century was to deliver up James's son to the executioner." No easy indifference will suffice to maintain freedom among us. Liberty asks of us a price, the price of tolerance toward those to whom we do not wish to show tolerance. But it is only the unpleasant or hated utterance that really tests the quality of our liberty. " The supreme test of civil liberty," a noted English lord has said, " is our determination to protect an unpopular minority in time of national excitement." In times of intolerance and oppression the founding of a great Commonwealth by William Penn on the principles of re- ligious and civil liberty helped to form our national policy of individual free- dom. Our loyalty to that policy is now undergoing trial. In new ways our times are proving afresh whether this Nation " conceived in liberty and dedi- .cated to the proposition that all men are created equal " can govern itself on such a principle. We appeal to all who with us love this great Kepublica and cherish high hopes for her future to help her meet the test. We may differ as to the good or evil of the ideas which are finding expression, but let us take to heart the recent words of a foremost editor of this country : " What I have said is not a plea for the new radicalism, for to me most of this new radicalism is the very negation of political and economic sanity. What I am pleading for is the restoration of the traditions of the Republic, for the restoration of the proved safeguards of human liberty, for the restora* tion of the free play of public opinion, without which democracy is stifled and can not exist." By direction of the representative meeting of Philadelphia Yearly Meeting of the Society of Friends. George M. Wabner, Clerk, Wm. B. Habvet, Secretary. Mr. Davet. May I ask the gentleman a question ? Mr. Kane. Certainly. Mr. Da YET. You understand that the foundation principle of the Quakers is nonresistance in an extreme form, do you not ? Mr. Kane, Yes. • Mr. Da\T!!T. Now, if there should be in their midst a school di- rected by a capable and astute gentleman teaching the art and ad- vantage and gain of murder, they would not resist that preaching? Mr. Kane. Oh, yes, they would; I beg your pardon. They are the greatest talkers in the world; you do not know them. They would be right at that man, because if there is anything the Quaker hates it is bloodshed ; and he would not have a minute's peace • they would resist it right away. ' Mr. Davet. How? Mr. Kane. Well, first of all, they would resist it. It has never been said of the Quaker that he did not believe in law enforcement What do you mean— they would not resist the preaching of mur- der? My dear sir, you do not know them. Mr. Davey. I understood that their doctrine was nonresistance in its extreme form? •Sedition. 191 Mr. iVANE. No; there are cranks among them, as there are among other people; but my experience is that they are very sane. We coi^tantly have in Pennsylvania Quakers on juries, for example, and 1 have never found that they objected to jury service. The Quaker does not object to law. Mr. Davey. But we have in this country what amounts to a school teachmg of a certain principle of the overthrow of goverimient by force and violence. Now, as I understand the gentleman's position as he expressed it in the quotation from the Society of Friends, he would advise absolute nonresistance to a movement of that kind? Mr. Kane. Oh, no. Mr. Davey. Organized and financed _ Mr. Kane (interposing). Oh, not at all. I think they would start immediately. They Mr. Davey (interposing). Would they meet it by law? Mr. Kane. They would not want your law; no, sir. They would be opposed to that. They like the utmost freedom of speech, if that is what you mean ; they even let the women talk— well, the women are talking a good deal now ; and perhaps the time will come when that peculiarity of the Quakers will be shared by the rest of us. Mr. Davey. But the point is, how would they meet that, by law ? Mr. Kane. You mean a school like the Rand School? I do not know much about the Rand School. Do you mean a school teach- ing bloodshed and murder? Mr. Davey. I mean a school that is teaching the doctrine of over- throwing the Government by force and violence. Would they meet that by soft talk, or would they meet that by an effective law ? Mr. Kane. No; they would meet it, I think, in a very sensible way. You will find among them, as you will find among other peo- ple, wild cranks, and some who associate with crazy persons and do not know it. But the great majority detest force and violence and are absolutely law-abiding. Mr. Husted. Mr. Chairman, may the attorney general of New York make a brief statement ? Mr. Kane. I have finished with my statement. The Chairman. Do you desire to be heard, Mr. Newton? STATEMENT OF HON. CHARLES D. NEWTON, ATTORNEY GENERAt OP THE STATE OF NEW YORK— Resumed. Mr. Newton. Mr. Chairman and gentlemen of the committee, I came into the room just as the gentleman was speaking and ad- vising the committee of something that I did not tell the committee in relation to the taking of photostatic copies of a very large number — if I understood him correctly he said 35,000 — of letters that were taken in a raid of the soviet bureau, the photostat copies being made and turned over to the English Government. Of course, I did not tell this committee anything about that, be- cause it is absolutely false. No such thing happened. No such photostat copies of such letters were made, and no such papers have been turned over to the English Government or any representative of it. And I make this statement out of regard to the high integrity and honor of the individual members of that committee, which was 192 SEDITIOIT. made up of men of standing in the State of New York, who are nearly equally divided between the Democratic and Republican Parties. And I challenge the proof of any such statement, because there is absolutely no foundation for it excepting in a mind which must be as radical as that of the most extreme radical agitator himself. Mr. King. Mr. Chairman, I desire to present Mr. Gibbons, of Philadelphia. STATEMENT OF MR. HENRY J. GIBBONS, ATTORNEY AT LAW, PHILADELPHIA, PA. Mr^ Gibbons. I just want to take a few minutes of the time of the committee to speak specifically about certain sections of the Davey bill. Mr. Igoe. Please give your full name and your occupation. Mr. Gibbons. Henry J. Gibbons, lawyer, of Philadelphia. I was for 11 years assistant corporation counsel, and I had the privilege of arguing in the Supreme Court the first of the espionage cases. It has been implied here in the discussion, as I have listened to it so f arj that the Davey bill is directed only against offenses of force and violence. I call your attention to the first section of that bill, where there occurs, in the alternative, the following language, after talking about acts of force against any person or property. Now, listen to this language: "Or any act of terrorism, hate, revenge, or injury." Not "arid"; "or"; four words in the alternative: " Any act of terrorism, hate, revenge, or injury " The Chairman. Pardon me, but you can make that a little stronger by calling attention to the fact that a threat of any of those things is suflScient. Mr. Gibbons. Is what? The Chairman. A threat of any of those things is sufficient. Mr. Gibbons. Yes. " Against " — now, who is it directed against? " Against the person or property of any officer, agent, or employee of the United States." A special class is selected The Chairman (interposing). Well, this committee has not that bill. Mr. Gibbons. No; I am just calling attention to it, because I understand that that bill is before this committee. Mr. HusTED. But that is not the only bill before this committee, you understand? Mr. Gibbons. Yes; I understand that. Mr. HusTED. And there are bills before it which do not contain that clause at all. Mr. Gibbons. This bill, in my opinion as a lawyer of 15 years' Eractice, is absolutely unconstitutional; and, besides that, it would B very unwise for Congress to enact it. Now, it has been said by the Attorney General of the United States— and I do not hesitate to take issue with him on this par- ticular point— that section 4 of the penal code, which is section 5334 of the Revised Statutes, does not cover a situation such as has been discussed here to-day. SEDITION. 193 Now, that section also is in the alternative. Let me read it to- you : " Whoever incites, sets on foot, assists or engages in." , , Not "incites, sets on foot, and engages"; but, " incites, or sets on foot, or assists or engages " ; that is what it means — " in rebel- lion " — ^not " and insurrection " ; " or insurrection." Now, if an act of violence against any public building, such as setting it on fire, or the advocacy of overthrowing the Government by that, is not a rebellion I do not know what the English language means. That is inciting a rebellion. If a man goes up, or three men go up and say, " Not by spreading propaganda, but by force, we propose to overthrow the Government," he can be reached under section 4 ; he can be indicted. The Chairman. Suppose he undertakes to kill an individual; is that rebellion? Mr. Gibbons. An individual? No; that would not be met by this; but it would be met by assault and battery with intent to kill— which exists in the penal code of every State in the Union. The Chairman. But I am asking you about this section. Mr. Igoe. How far do you think the word " incite " would go ? Would that include the preaching or advocacy of rebellion ? Mr. Gibbons. Yes; any advocacy by way of innuendo, or sugges- tion, or spoken word. The Chairman. Have you any citations of cases on that? Mr. Gibbons. No; because this section was put into the law — sec- tion 5334, Revised Statutes — during the Civil War, and it has never been construed by any court; there has been nobody prosecuted under it. Mr. Igoe. They have all been prosecuted under the conspiracy section ; section 6 ? Mr. Gibbons. Yes; they have been prosecuted under section 6. Now, there was a case under that which I think Mr. Ralston will discuss before you at another hearing at more lerigth^-the case of United States v. El Ariete Society; and the Attorney General con- tends that in the construction of section 6 of the penal code by the court it was held that this section would be ineffective. The quota- tions, which I will not give now, are in Mr. Ralston's brief, are referred to at length, and show that the Attorney General has com- pletely misunderstood or misquoted that decision, because it is not to that effect. Mr. HusTED. In your opinion, would the mere advocacy of the assassination of an officer of the United States Government as a means of overthrowing the Government be punishable under this section ? Mr. Gibbons. Under section 4, by an individual? Yes; against any of them. The Chairman. How would it make an insurrection or rebellion? Mr. Gibbons. The attack on an official of the United States is rebellion — or the suggestion of an attack on an official. If some- body should incite an act against the President, would not that be inciting to rebellion or insurrection? The ChairjMan. No; both of those questions have been passed on many times and have been held not to cover that. 166718—20 13 194 SEDITION. Mr. Igoe. There is a special statute to cover the ease of the President. Mr. Gard. Do you think if a man should incite the destruction of a Federal building that would be inciting to rebellion ? Mr. Gibbons. I think that would be inciting to rebellion — yes — because it would be an attack on the Government. Mr. Boies. If a radical should get up and talk to an audience and advise the destruction of this Government by force and violence, and to go out and commit murder, and no one should pay any at- tention to his language or do anything as a result of it, he has not incited anything, has he? Mr. Gibbons. Yes; he has incited; he has attempted to get them to do that ; that is what " incitement " means. " Incitement " means to attempt to bring about or do something; it does not mean to bring about the actual accomplishment of something; it means toi attempt to bring about something. The Chairman. If you do not succeed in inciting a rebellion, yoii have not done anything? Mr. Gibbons. Maybe you have and maybe you have not. The Chairman. Well, so far as that is concerned, the Attorney General has asked for this legislation, and he is convinced that that does not mean what you are contending for now; and so we hav© to stand upon the proposition that there is not any law that covers that offense. Mr. Gibbons. Yes. Well, I want to call your attention to the fact that in this Davey bill there is no qualifying clause such as exists- in some of the European countries that we considered very tyran- nical. For instance, in Kussia, under the autocracy, there was this, saving clause : If, however, the said offiensfe shall have been committed through ignorance,, lack of under^ tanding, or in a state of drunkenness, the culprit shall be im- prisoned for not less than three months. That was in Russia, under the autocracy. ' The Chairman. Well, I suppose that is in the general law, any- how? Mr. Gibbons. I do not think there is such a provision as that in any of our sedition acts. Mr. GooDYKOONTz. The judge would take notice of it in impos- ing the penalty; the penalty is elastic. The Chairman. Most of those things require a certain degree of knowledge and understanding. If a man was so drunk that he did not know what he was doing, or if he was so ignorant that he did not know what he was doing, he would not have sufficient Imowledge or understanding to commit the crime. " Mr, Gibbons. This act provides a penalty of $10,000 or 10 years. I wanted also to read a very short editorial from the Evening Ledger, in Philadelphia, relating to Attorney General Palmer. And this comes from a conservative paper in one of the most conservative towns in the Union. It is as follows : ONE ON PALMEK. We wish to congratulate Attorney General Palmer on the failure of Congres;U!blic opinion and calculated to do it. The Attorney General said on three several occasions that the law- less element of tliis country proposed the overthrow of this Govern- ment by a disturbance ; one, I think, was in May, one in July, and one in September ; and that the Government of the United States practically said "boo" each time and that the disorders were, put off in consequence of that remark, and put off rei)eatedly, and, finally, nothing had come of them. I looked upon him with amazement when he made that statement Can you suppose, for an instant, that if there had been a genuine desire on the part of tens of thousands of men to assault the Govern- ment of the United States they were going to be deterred from it by some expression of the Department of Justice m the newspapers' It seems to me, if you will pardon my saying so, farcical. But there is stronger inherent proof of the nonsense of that sitate- menl^its inherent nonsense. If that statement were true, and there were these tens of thousands of men plotting the destruction of the United States, can you, for an instant, believe that from last May to the present time the Government of the United States, s6 tar as I am aware, has never convicted a single man of a. single offense connected with it? Consider the charge which the Attorney Gen- eral makes, that these men were plotting to do this thing— plotting That is against the law. You need no axlditional law for that, ihe men who plot the destruction of this country come under section b of your criminal code, which you have before you or can get con- veniently; and yet, month after month, almost year after year, goes bt and wiUi these horrible anarchistic plots the Attorney General of 'the United States, with $3,000,000, I think, placed at his dis- posal by your generosity-I might be pardoned for saying, with 216. SEDITION. your credulity— the Attorney Greneral, with $3,000,000 at his dis- posal can not convict any two men or three men for joining in these plots against the Government of the United States. Mr. Walsh. What is the numbeir of that section to which you referred? Mr. Ealston. Section 6. He has had it before him;. That has been in existence since the Civil War; and since that war there have beep scores of convictions when there was ground for conviction, and yet he does not use his powei^ that are in his hand. He havS not used such powers becaus<8 there was no occasion to use them, with all this ^expenditure of money. Furthermore, I say that the state- mrait is intrinsicalJy impossible. In all this time where were the . stores of arms with which the Government of the United States was to 'be destroyed; where were the bombs? Where were any of the instriimentalities which were to bring about this terrible result? Either they did not exist or we have such an absolutely inefficient Secret Service to-day* that they could not find them. Now, I think we have an Attorney General^ — and I say it -with respect, and, if you please, with a liking for him — we have an Attorney General setting up hobgoblins of the mind, and asking you to do things ;which will be against the liberty of the people, so that he can get at those hobgoblins, which have no existence in fact. Mr. HusTED. Do you believe the soviet government, through their agents in this country, desire and intend to bring about a revolution in this country by force and violence if they see an opportunity to do it? Mr. Ralston. I think it is perfectly farcical to believe it, if you will pardon me. Mr. HusTED. I just asked the question. Mr. Ealston. Not for an instant. Thiiik of what lias been at- tributed to the soviet government. As a bilgaboo it has been run into the ground, and I say that with no knowledge except what has been printed in the newspapers and having no particular opinions ior or against it. Mr. HusTED. Do you not believe there is sufficient evidence to warrant the belief that the soviet Russian Government has had that intention with respect to the European countries like Spain and France, for example? Mr. Ealston. 1 do not. To credit that, what have you to believe? You have got to believe, if you put any credence in the newspaper statements, that the Government of Russiaj in the midst of serious internal war, fighting for its very life on its own land, is engaged in propaganda in Japan, in China, in India, in Mesopotamia or Germany, in France, in England, and in the United States, and any other of the large countries of the world. You have got to believe that it has untold wealth ; you have got to believe it has a missionary force that has never been equaled in the world before- you have got to believe that it has the power to distract its attention from the rebellions at home and seek other countries in which to OTpeHtei you have to be credulous to the last degree to believe that Mr. CuEEiE. It is my understanding that Mr. Martens, or some other authorized agent of the soviet government, takes the position that the program Ms been changed; that originally it was for the purpose of creating a revolutionary spirit and rebellion in this SEDITION. 217 country and various other countries as a matter of defense for itself by diverting attention. Mr. Ralston. Well. I do not Mr. CxjRRiE. You now ask us to believe that they no longer harbor those intentions ? Mr. Ealston. If he made that statement — of course, the news- papers have made such statements that I take almost everything I see in regard to the Soviet Government, one way or the other, with a grain of salt — ^but. at any rate, that would seem to indicate a return to common sense, if they ever had such an idea. If they had such an i'dea, they have been brought to a realizing sense of its impossibility and a very definite idea of its foolish impossibility, and it is some- thing .that should give us not an instant of concern. I spoke of conspiracies supposed to exist in this country. I have before me some numbers of the New York Times, which "announces in its caption that it has all the news that is fit to print ; it will not print personal scandals, but it seems to have no hesitation at all about printing things which we must all know to-day are false. Just look at the headlines. This is October 15. I take just a moment to glance at these headlines : Uprising of red plotted at Gary — Military and Federal agents find con- spiracy to blow up cantonments and buildings — Trace attempt on Palmer — One Gary man is arrested and two others sought for part in May Day outrages. You have not heard of that since October. At least, I have not. Let us take October 17 : Fifty thousand aliens here spread their radicalism — Government official tells of wide agitation on Bolshevist lines — Backed by a rabid press — Subversive propaganda pushed among workers by foreign-language papers. A good sensation for a day ! Take October 30 : Nation-wide bomb plot unearthed — Carnival of murder was planned for next May Day by anarchists — One arrest made here — ^Evidence gained in Cleveland roundup, where police chief and another vvere doomed. Who knows anything about it, and that was only three months ago. It has come to nothing — imaginary plots. Now, we come to a real outrage, but which is not stated as such. I have here the Times of November 9 : Seventy-three red centers raided here by Lusk committee — Hundreds of prisoners and tons of seditious literature taken to headquarters — 700 pollceinen take part — Chairman Lusk tells of admitted determination to seize the Gov- ernment — Palmer to deport reds — More than 200 seized Friday must leave country — 60 more taken in Bridgeport. For what? Nobody knows. Another abuse of Federal power committed by the Department of Justice. Again on November 11 Mr. Igoe. Was not that raid conducted by the State of New York ; bv the Lusk committee ? 'Mr. Ralston. Yes; but Palmer's name was mentioned in that article. On November 11 we find the following: Three hundred and ninety-one alien reds now under arrest — No " let-up " in drive on violent radicals— Will rush deportation— Attorney General brings pro- ceedings — $10,000 bail is the least accepted. 218 SEDITION, May I call your attention to the last line? Without hesitation it places upon these men whose guilt is not proven an absolutely pro- hibitive bail, contrary to the language of the Constitution of the United States. Again on November 14: Raids ordered by Palmer — I: W. W. editors and directors at Seattle held under espionage law — Roundop in Spokane — 74 prisoners taken by the police at meeting in a hall — Arrests in other cities — More Russians jailed in Balti- more — Red appeals circulated among dock men. That reminds me of what happened in Seattle when a labor-union paper, under the direction of the Federal authorities, was simply shut up and not aljowed to issue for some time, and its business largely destroyed. And this paper had to go back to the owners. Mr. HusTED. Are you familiar with the paper called " The Revo- lutionary Leader"? Mr. Ralston. Here we come to the most important part. Jan- nary 3: Reds raided in scores of cities — ^2.000 arrests, .500 in New York — Deporta- tion hearings begin to-day — Raid, from coast to coast — Secret-service men make simultaneous swoop — Preparing for six months — Have evidence showing campaign to form soviet councils and overthrow Government — More raids Will follow — Deportation of prisoners accused of advocating revolution wilt be asked. We have, on Thursday, November 2(T, the following: Plot to put bombs in Christmas mall — Philadelphia police report discovery of nation-wide red conspiracy — Aimed at high officials — Explosives were to be concealed in ribbons and holly marked as gifts to victims. It serves the purpose of somebody. May I say that that sort of thing was, under the Government of the Czar, the commonest thing in the world ? The police created and discovered conspiracies from day to day. I do not say that our secret service does it, but there is a remarkable resemblance between the things that happened under the Czar of Russia and the things that are happening under what we are pleased to term the Department of Justice of the United States. On November 26 we have the following : Red bomb laboratory found here; hid in secret room in Russian's house; Martens again defies Lusk inquirers. , Deadly T.N.T. discovered — oO bottles and phials fpund hidden in chamber — material for 100 bombs — Detective Cornelius Browne located concealed room by sounding the walls. Member- ship list taken — experts in explosives to examine chemicals — Police have im- portant clues. Now, in connection with that, may I ask the membere of this committee to refer to the testimony of Capt. Swinburne Hale, before the committee on Rules the other day? These things, whatever they were, were found in a cupboard and that deadly T.N.T., in all probability was bicarbonate of soda, and yet that is the sort of thing that the American public is fed up on. Mr. Yates. Mr. Chairman, may I ask what material that actually was that was supposed to be this T.N.T. ? Do you know. Mr Ral- ston? Mr. Ramton No; they never even analyzed it, so far as any in- formation that I have gathered. I am speaking now laro^ely on what Capt. Hale said before the Rules Committee. * SEDITION. 219 Mr. SuMKER. It was not bicarbonate of soda that was in the bomb that was laid at the Attorney General's residence '. Mr. Ealston. No; and strange to say, although eight or nine months have gone by since that outrage occurred, and although the Attorney General has at his command $3,000,000, his secret service agents have never been able to discover a single man who was con- nected with that bomb outrage. They have arrested— and I will speak about that in a minute — perhaps scores. They have arrested them here in this city — innocent men. Mr. Boies. There was not very much left of the man who dropped the bomb. Mr. Ralston. No. Mr. HusTED. Do you think the execution of the bomb plots was in line with an organized plot or conspiracy? Mr. Ralston. Nobody knows. Mr. HusTED. Do yoii not think they justified the great activity on the part of the Department of Justice — justified the arrests of persons who might be reasonably suspected of being implicated in it? Mi-. Ralston. Yes; reasonably suspected, but not innocent men. Mr. StTMNEK. Is it your judgment that these various acts of vio- lence resulted from either a conspiracy or from the influence upon ignorant and susceptible men of the preaching of violence on the part of isolated individuals who simply got a notion into their heads Mr. Ralston. It is very hard to say. There are criminal elements in every country and there is such a thing as provoking criminality by criminality, and the most dangerous criminality and the most dangerous provocation is departure from the law by the law au- thorities. That may not be an answer to j^our question in a sense. Mr. Sumner. Yes; you are hitting at it. Mr. Ralston. There are certain methods of treatment which may be handed out to people which will provoke the very evils they are designed or supposed to be designed to suppress. IVfr. SiTMNEK. If it will not interrupt you, I desire to ask you a question. Mr. Ralston. Not at all. Mr. StTMNEE. A statement has been made before this committee that chiefly among the foreign element of New York City — at least this was within the knowledge of the witness— that possibly 300,000 people had fallen under the influence of persuasive individuals and had gotten it into their heads that there are grave injustices being perpetrated in this country, perhaps inherent in the structure of this government, which they had a right to exercise power to destroy. While you are discussing this thin^ — and it is the only thing I am interested in, or at least the chief thing — will you discuss whetljjer or not it is better to let that thing run its course^ or whether it is better to undertake to protect these people from the influence of these in- dividuals who oppose what heretofore has been the established idea, and I believe still is, that our correction' of the Government should be by the ballot, whether in your judgment in attempting to eliminate those folks who are doing that sort of thing, we possibly would do more harm than good? 220 SEDITION. In order that you may have some idea about my own mental attitude— and it is the mental attitude of a good many members of the committee — it has seemed to us that this group of agitators not- only could have a bad influence on the individuals with whom they come in contact but that their influence would react agaihst the fair and just claims of certain classes of our people for relief from conditions in this country to which they would have a right to relief, and in which they would have the support of public opinion in getting relief but for the prejudice aroused by this agitation; in other words, possibly this agitation is doing more harm to the^ people who need the support of public opinion, which suK>ort the general public would give but for this aroused prejudice. Would ' you mind giving us some information along that line and your idea ox judgment about it? Mr. Ealstqn. Yes; there are two general positions to take. One is for liberty, with all the evils which may be attached to it, and" the other is for- repression. I do not know myself any halfway point between the two. Liberty has been tried in England, let us: sajf, for 200 years — ^the fullest liberty — and it has gone through the- stormiest times. It went through stormy times in tlie French Revo- lution; it went through stormy times 100 times more dangerous than the trovible we are going through at the time of the Chartists in the forties ; and I am strongly reminded of the remark of some alarmed patriot to the Duke of Wellington. He said, " But the country is in a dangerous condition ; we are going to have a revolu- tion." When we consider the thousands and tens of thousands meet- ing and protesting against his Government's action on every town green or commons, he might have been well justified in his remark.. Wellington said, shaking his head, " There will be no revolution in England except by act of Parliament." Now, I think if we would forget our fears for a few minutes and reflect upon the stability of the ^-merican institutions, reflect upon the fact that there is not likely to be any revolution in this coun- try except by act of Congress and acts of the State legislatures, we would get ourselves in a more moderate frame of mind and a truer one. Mr. Sumner. In countries where revolutions against tyranny and free popular government have already taken place, as m our own. country, I believe we will agree that where people haye advanced sufficiently far to elect their rulers, and the hereditary rulers will not grant them that right, that revolution is not only a right but a. duty ; and the ballot has been put in the hands of the people^ Ought that not end revolution by force? Should there not be rec- ognized a dividing line, and would it not be legislatively possible to recognize a dividing line on this question of liberty of speech « Why should not the American people, through their Government say that they do not propose to have folks running around the coun- try advocating revolution by force? Mr. Ealston. We have changed our form of government and we will all certainly agree that we have changed it very much to the betterment of oiirself es and to the betterment of the world but we have not changed human nature; and the same human nature which made, in the past, repressive laws dangerous is likely to make that same class of laws dangerous in this country." SEDITION. 221 Mr. HusTED. Do you not think that the communist party in, this coiptry would bring on a violent revolution if they thovight they saw iany chance of making a success of it ? Mr. E.ALST0N. If they saw any chance to niake a success of it they would not have to re volute. They would have a majority and there WQjald be no earthly use of it. Mr. HusTED. Do you not think that the purpose in their hearts^ — the purpose of the violent revolution, from what you know of the party and have seen of their activity and of their literature , Mr. Ralston-. I know very little of the party and have seen very little of their activities. I do not know, so far as I am familiar with it at all, that there is anything in the principles of the Com- .munist Party which would interfere with its operation or the opera- ton of its principles under our system of Government. , Mr. SteSle. You have read the conclusions of the Secretary of Xjabor, in which he discusses their constitution, and he came to the ■conclusion they are anarchistic? Mr. Ralston. It seems to me he came to that conclusion on very slender evidence. , ; Mr- CuKBiE. You do not agree with the Secretary of Labor's in- terpretation ? ;,Mr. Ralston. No, sir. Mr. Ctjeeie. Did you hear, for instance, of one Dr. Max Holmes, ■concerning whose statement the attorney general of New York Mr. Ralston. No, sir; I have read many alleged stories Mr. CuBEiE. This has the word of Attorney General Newton, that it was the answer of this Dr. Max Holmes to the questions pro- pounded to him by the Attorney General himself. ' Mr. Ralston. I can not speak of that with any knowledge ; un- fortunately I was not here. As I understand it, the statement was read as coming from the I. W. W. that they favored organized direct industrial action. Now, the most objectionable meaning I have ever known to be given to those words is that cefrtain people who have employed some of them, at any rate in the past, have had reference to sabotage, which is quite different from revolution. Sabotage meass the destruction of plants. Mr. Steele. Direct action means the overthrow by force as dis- tinguished from parliamentary action. Mr. Ralston. I am inclined to think otherwise, if you will pardon me. A friend of mine prepared what I think is a very effective answer to the suggestion that repression was better than liberty in this sheet which I have before me. We have, aside from the pictures of the rulers who have gone to their destruction under repressive laws, the text of the laws themselves, and you would have great difficulty in differentiating the laws which spelled ruin for the heads of govern- ments through repression, fi'oni the laws which this committee has Iseen asked to report favorably. Among those sufferers are shown, by this particular sheet, the Stuarts, the Bourbons, the Romanoffs, in 1917 ; the. HohenzoUems, in 1918 ; and the Hapsburgs in 1918. The Chairman. Can't you imagine some other causes for their iate than sedition laws? Mr. Ralston. They helped. They undermined the faith of the people in their country. 222 SEDITION. The Chairman. I grant you oppressive sedition laws may have con- tributed, but it is a far-fetched conclusion to ascribe the fall of the German Kaiser to an^ such law. The fly in the fable imagined it made the wheel spin. Mr. Kalstox. No; but this is something more than a fly on the wheel. You had in Kussia, for instance, as you know, the educated class of EuBsia driven into a situation where you had them working underground and thousands sent to Siberia. The Chairman. Instead of the sedition laws being responsible for that, was it not due to the unjust condition under which those people lived? Mr. Ealston. That had very much to do with it. Mr. Sumner. As a matter of fact, the opportunity was shut off to bring about any change through the free exercise of the ballot ? Mr. Ealston. That is very true. It is their only safeguard, and the fact that we have that safeguard in this country makes these, laws unnecessary. Mr. Sumner. Yes: and that fact makes people rather impatient with folks who go around talking about revolutin^. Mr. Ealston. That may be so, but it is no justification for their losing their heads. Mr. Boies. I feel that the people generally ^ire afraid that this committee will recommend many things to Congress for consideration, and passage that it does not think of. Now, I understand, from the statement of the Attorney General, that section 6 of the Criminal Code will take care of two or more individuals — conspirators — and that he asks for an amendment that will take care of the individual who advocates the overthrow of this Government and the murdering of public officials by physical force and violence. Now, if we will' boil all these points down to the one that I believe is generally iir the minds of this committee, to get after the fellow that does advo- cate the use of physical force" and violence to overthrow this Govern- ment, that we will get along more rapidly, and that we will get at probablj^ the wishes of this committee, to present that point for care- ful consideration. Do you believe that Congress should not pass a law to restrain the^ man who does advocate — the anarchist who does advocate — ^the over- throw of this government and the murder of public officials — ^by- physical force and violence? Mr. Ealston. I believe that Congress' should not enact such a law for precisely the same reason that the Attorney General said it should not enact a law, as he did the other day, because you can not draw the line against free speech. The Chairman. Practically every State has a statute along this line, statutes that have been on the statute books for many years, and can you tell me how many have been sent to prison, without cause,, under those statutes? Mr. Ealston. I could not undertake to say. The Chairman. Yet they are on the statute books, and are con- sidered necessary for the purpose of preserving peace in the States. Now, to some extent the objects m passing a Federal law is to- supply a deficiency whereas, in some cases, there mav be a temporary- suspension of State law in certain localities. And beeau-se there SEDITION. 223 is a class of cases that the Federal Government can reach bet- ter than the State governments, as it can issue subpoenas across btate lines, a person commits an offense in a State which ought to be punished, but the witnesses skip across the State line where- the States can not get at them. Now, there are reasons why the Federal Government should have a law that would reach the situation. I do not believe you can find any country, no matter how liberal the form of government, that does not have such laws. Why should this Government be deprived of such legislation, de- prived of an opportunity to protect itself? It seems to me that the question before us should be the character of the legislation if any. Why can not the Federal Government be trusted as well as the States, or as well as other countries with the administration of such laws? Mr. Ealston. The question, Mr. Chairman, would be impossible for me to answer in any specific way. You speak of that sort of law. One can hardly speak of a specific law and the principles applying to that specific law The Chairman. I shall take the liberty of putting an abstract of the various laws into the record so that they may be seen. Mr. Ralston. Very well, sir. I have stated that there is now on the statute books a sufficient law to meet every occasion. I have read different expressions which, if they mean anything at all, meant there have been a score of conspiracies in our country, and they have vanished into thin air. They do not exist, and thelrefore the language or the talk of certain individuals, which it is now proposed to get at, has come to nothing. The Chairman. Still they punish them in the various States, and counties, regardless of that fact. Mr. Ealston. There have been attempts, in New York City, to punish them. Whether any of them have succeeded or not, I am not prepared to say. I know some have failed. Mr. HusTED. I judge from what you have said, and from the well known attitude of the American Federation of Labor, that you do not favor unbridled advocacy of force and violence. Mr. Ralston. Not for an instant. Mr. Htjsted. To overthrow the Government of our country? Mr. Ralston. No, sir. Mr. HusTED. Now, that being your attitude, why do you oppose the enactment of a simple statute designed simply and solely to pre- vent and punish the advocacy of the destruction of our Government by forcible and violent means? Mr. Ralston. Because I can not draw the line; because I find at the present time we have judges like Judge Landis, we have immi- grant inspectors like Skeffington, we have newspapers like the New York Times, and we have a Secretary of Labor who, in my judgment, has been led into serious error — we have at any rate, all these people who, on the theory that they are protecting the Government from some unknown attack, are striking down or j)ronouncing themselves ready to strike down the most ordinary liberties of the people. Now, if you have got that condition to-day, without a law, when it is merely talked about, you can imagine for yourselves what con- fusion you would have if there were the slightest excuse or justifica- tion under the statutes for interference with free speech at all. 224 SEDITION". Mr. Boise. But before you get to the judge you must get by the 12 men sitting in the jury box. Mr. Kalston. And you and I know the sway and power that a judge sitting in one of the Federal courts exercises over the 12 men in the jury box. Mr. Stjmnees. Have you ever thought of this, that a handful of these agitators are creating all of this anxiety and reactionary ex- treminism and that if something is not done to shut up this bunch of people, that they will build up in this country a wild-eyed attitude toward anybody who gets upon a soap box and makes a speech ? Mr. Ralston. I have thought of that from that point of view, and also from a parallel point of view. It is unquestionably true that one extreme begets another, and if one man gets out on a soap box and denounces the Government and calls for its overthrow, he is apt to find an extreme resistence from some judge on the bench who will lose his head. It is one extreme begetting another. Take the reverse case: When we find the Department of Justice throwing, without sufficient cause, thousands of people into jail; when we find them deportiAg men, and proposing to deport men by the thousands ; when we find them carrying these men from their gainful occupations, and carrying them away from their families be- cause of some question of doubtful interpretation of some supposed manifesto, or some card — when you find all that being done, I, as an American, fear lest the Depaxtment of Justice and the agencies of justice are creating an extreme condition which will rebound to the injury of our country. Mr. Sttmnees. Personally, I do not have any fear they will over- throw this Government. There, is not anybody who can overthrow this Government, but I think here is the' danger in this situation, that you will prejudice the attitude of public opinion against free speech to such a degree, if we do not stop these people preaching revolution, that later on there will come such a prejudice of public opinion that it will require our doing something more radical than we would think of doing now. I have seen the swing of attitude in my district. It looks to me as if these people will not hurt the Government so much .as they will hurt people who are entitled to more liberal treatment at the hands of the public and the Govern- ment. Mr. Ralston. The thing that has been done, and persistently done, and with a motive behind it, as it seems to me, has had its effect on the people in your district, and that is the circulation of just such news, and glaring headlines about bogus conspiracies as those to which I have called the attention of the committee, and on which the people of your district, and perhaps the people of all the dis- tricts in this country, have been fed up, and that causes in very large measure such agitation, and such demand as may exist for the suppression of freedom of speech, and such demand as is likely or may impel Congress to an extreme which will result in a reaction of a very serious character such as happened in 1798 and 1800. I am taking much more time, Mr. Chairman, t]ian I intended. The Chairman. You will have to close this pretty quickly, be- cause the House is now in session. Mr. Rai^ton. If I can have about five minutes I will finish what 1 have particularly in mind. SEDITION. 225 -The Department of Justice, in my opinion, creates the very condi- tions which are, to a degree, in existence, and creates attacks. upon the Government by its own conduct, and I wish the matter could be gone into thoroughly. The liberties of the people in the District of Columbia have been made subject to the whims and caprices and the ignorance of the secret-service officers. There have been not one, but many cases here in the District of violation of the constitu- tional requirement by the representatives of the Attorney General's office, who, without warrant, without justification, have gone upon the private premises of orderly, respectable citizens, have rans&,cked all of their papers, have, without warrant, taken them to jail, have kept them in the police station for a week, and then, have been com- pelled to discharge them because there was no possible offense that they had committed. Now, that is a matter of Mr. Steele. Did they have a warrant of some kind ? Mr. Ralston. No warrant; no search warrant and no warrant of arrest. They have been simply taken by the agents of the Depart- ment of Justice and have been shoved into the police stations and kept there for a week or perhaps longer in some cases. They have then been discharged, sometimes by habeas corpus and sometimes by the voluntary action of the department itself, or its agents ; all this has been done right here. In one instance — I speak of it as a matter of knowledge, as I happened to be the attorney for the man at the time — a member of the waiters' union was at his work in the Arlington Hotel, on the roof garden, and an agent of the Depart^ ment of Justice came up and grabbed him by the collar and said, " You damned anarchist, come along," and he was taken and put into the police station and kept there a week. When the week was nearly up the waiters' union came to me and said to me that Mr. Koerner had been arrested and had been in the station house for nearly a week without a warrant. I immediately took out a wrii of habeas corpus and he was ordered produced into court. The court said to Inspector Grant, " What are you holding this man for?" Inspector Grant said, "I do not know; the agents of the Department of Justice have asked me to hold him." The court turned to Mr. Laskey and said, " Mr. Laskey, do you know of any reason why this man should not be discharged ? " Mr. Laskey said he did not know of any and that he should be. Mr. SuMNEES. But it was not the law that was responsible for that; it is the administration of the law. Mr. Palmer will not be the Attorney General always. Mr. Htjsted. You can have an arbitrary abuse of power under any law that may be enacted. Mr. EalstOn. But the point is the danger of putting additional power into the hands of |people who are abusing it now. Mr. Yates. I did not hear yaur testimony before the Rules Com- mittee, nor did I hear your operiing to-day. You represent the American Federation of Labor? Mr. Ralston. Yes, sir. Mr. Yates. Are you speaking by their authority here now ? Mr. Ralston. Yes, sir. Mr. Yates. They have specifically authorized you to state their attitude in this matter ? " 166718—20 ^15 226 SEDITIOK, Mr. Ealston. Mr. Gompers requested me specifically to appear. Mr. Yates. Is that the attitude, that the Federation of Labor is opposed to all of these bills, the Davey bill or the Graham bill? Mr. Kalston. I can not say that without having examined all the bills. Mr. Yates. Do you say there is adequate, sufficient legislation now upon the statute books? Mr. Ralston. Yes, sir. Mr. Yates. You are opposed, absolutely, to any of these measures? Mn Ralston. I am opposed, absolutely, to any of the measures of which we have knowledge. Mr. HusTEp. Do you happen to be familiar with the New York statute against anarchy? Mr. Ralston. No, sir. Mr. HusTED. The last bill I introduced contains most of the pro- visions of the New York statute. As I understand your testimony, and as I understood the statement of the American Federation of Labor, they had no objection to the provisions of the New York statute. Mr. Ralston. We have gone over one of the bills introduced, Mr. Husted, but very hastily, and whether that is the later one or the earlier one, I do not know. Mr. StTMNERS. The attorney general of New York said that organ- ized labor in New York had rendered him very great support in the prosecution of these cases. Mr. Ralston. I unfortunately did not hear his speech. Mr. StTMNERS. He stated that the attitude and disposition of or- ganized labor, in ridding society of these people who were dangerous agitators had done very much to swing public opinion toward an attitude of appi;oval of what organized labor was doing. I think I have quoted thte substance of his statement. Mr. Ralston. I could not say anything about that without greater knowledge of the specific facts involved. Mr. Yates. I think it is of the utmost consequenc that the whole country know the attitude of the Ainerican Federation of Labor toward this class of legislation, and I will tell you why. Somewhere about 1885 or 1886 they had in Chicago, in the State of Illinois, what has been called the Haymarket massacre. You, of course, re- member that. Men were indicted in the State of Illinois under the conspiracy law, because they advocated, in speeches and editorials, and in various publications, and in open meetings, force and violence. One day a meeting was held and bombs were exploded, aJid some 150 policemen were killed or injured. Five men were hanged, and on the day their attorneys appeared before Gov. Oglesby, who was then governor, I happened to be present. Mr. Gompers appeared thei-e and said in substance that it would set back the cause of organized labor if those men were punished. Gov. Oglesby asked in substance whether the American Federation of Labor was in favor of the use of dynamite, etc. Mr. Gompers said certainly not, and Gov. Oglesby said, " that is what these people are in favor of." In my opinion, that statement by Mr. Giompers did infinite harm to the cause of organized labor in this country. A great many people thought that because Mr. Gompers appeared there and put in an appearance for SEDITION. 227 these men, that organized labor was in favor of the use of dynamite and force and violence. That is the reason I said I believed it was of immense importance to have that statement of the position ol organized labor brought to the attention of the people. Mr. Ealston. I do not think that it is necessary for me in any de- gree to defend the American Federation of Labor. It has stood, in every respect that I know of, for order. It does now, and it seems needless to say that it has no sympathy with anarchy. It has no communistic aims ; it is not socialistic. Mr. Yates. I have certainly not insinuated that tliey do, and I heard Frank Farrington address 10,000 men in my State and say to those men that those who searched for liberty should not go with a torch in their hand. Mr. Ealston. It finds its expression in the ballot box, and the initiative and referendum, and in the ways 6pen to us for appealing: to public sentiment in accordance with well established and well known American principles. Mr. Boies. Are there not some men in organized labor that seek to take the place of Samuel Gompers, who would create disturbance? Mr. Ralston. Undoubtedly there are men creating ^disturbances who are ambitious to fill his place. He is opposed by some men who would like to depose him in the American Federation of Labor. I can conceive it a great public calamity if Mr. Gompers were suc- ceeded by some men that perhaps any of us could name, but at the^ present time he is in command. He is a conservative and devotedi American citizen, and he sees the strongest possible danger in the legislation which has been brought before this committee for its consideration. Mr. SuMNERs. Your attitude is not one of defense of the man who throws a bomb, but you are apprehensive that this legislation will add to the number of people who will do that? Mr. Ealston. I think it will hav,e that effect. I think repression means secrecy, and I think that secrecy means mischief. I think that, when men come out and say foolish things their foolishness is dissi- pated into thin air, but if you enact this law, they will gather withi kindred spirits in hidden cellars, and hatch dark plots there, and concoct mischief. Give them the open air and you need fear noth- ing. '■'% Mr. CuERiE. Then the position you define of the American Federa- tion of Labor is that it opposes the enactment of any Federal statute which seeks to punish the advocacy of force and violence for the overthrow of the Government of the United States ? Mr. Ealston. I hope I have made myself clear, that the Federa- tion of Labor neither directly nor indirectly, nor in any way advo- cates nor condones the exercise of force and violence to overcome the Government. Mr. Ctxrbie. But you do not answer my question. Mr. Ealston. You are up against a practical difficulty. You can not pass that law without passing a la\v which is subject to misin- terpretation and misapplication and which will ultimately destroy- practically all ^ree speech, which is much more important than sup- pressing the casual fulminations of some individuals. 228 SEDITION. Mr. HusTED. I have asked you a number of questions, but I think this is the last. I have a profound respect for the power of propa- ganda, especially newspaper propaganda. It has been brought to the attention of this committee that there are large numbers of revolu- tionary papers being circulated in great numbers throughout this country which advocate the destruction of the Government by vio- lent means, or advocate changes in our form of Government by vio- lent means, aiid_ I can not but feel that to permit the circulation of these papers is going to do a great deal of harm, and I can not but feel that it is the duty of Congress to suppress that kind of propa- ganda, because I think it' is bound to operate upon weak minds to do a great evil. Now, I ask you if you do not agree with me in that belief? I do not refer to the expression of political opinions, how- ever radical that expression may be. I do nol refer to magazines that advocate the speedy reform of the Government. I mean only those magazines that advocate the use of force and violence, or rebellion to overthrow the Constitution. Mr. Ralston. I want to say that I agree with Mr. Husted in a very large measure as to the effect of propaganda. I have read to this committee the headlines from the New York Times. It is just tliat propaganda that has brought about this hearing to-day, and so I believe I must say that propaganda is important, because I see that it is in the panic that has been created in the public mind over nothing. Now, there is propaganda which exhausts itself, which leads to nothing. Unless there is a real substantial — ^if you are pleased to use the word moral — ^idea back of it, I do not think it amounts to anything 'as a rule in the long run. This particular propaganda concerning the arrest of the rfeds and bogus conspiracies has ex- hausted itself and is tumbling to pieces, as it ought to. The propa- ganda of the destruction of the Government has not back of it fidel- ity; it is contrary to our American form of Government and our ideals. Now, why kill a thing that is bound to die of itself, with the possibility of killing good ? That is the way it impresses me. Mr. HusTED. A ^ood many of these magazines advocate the over- throw of the American Federation of Labor. Mr. Ralston. I am aware of that fact. The American Federation of Labor, as it appears here, is not concerned whether they attack the Federation of Labor or whether they support the Federation of Labor. I have a short statement dealing with some of the legal proposi- tions that I wish to submit to the committee. The Chairman. Very well. Mr. Ralston. The Attorney General insists that sections 4 and 6 of the Federal Penal Code are inadequate to punish the advocacy of the overthrow of the Government or the resistance to its laws by force or violence. In support of his position he relies upon the un- reported decision of District Judge Hazel, in the case of United States V. El Ariete Society. The text of section 6 is as follows : If two or more persons, in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder SEDITION. 229 or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined not more than $5,000 or imprisoned not more than six years, or both. Three members of the El Ariete Society were indicted under this section for having conspired to overthrow the Government by force. The overt act alleged consisted of the publication of a manifesto said to advocate the overthrow of the Government by force and violence. At the close of the evidence and after both sides had rested a motion to dismiss the indictment was granted, and upon the granting of this motion is based the Attorney General's opinion that section 6 is inapplicable to cases of the character in question. An examination of the court's opinion, however, discloses the fact that the decision is not authority for any such conclusion of law. The opinion in full is printed at pages 19^22 of the letter submitted by the Attorney General in response to a Senate resolution, dated October 17, 1919, calling for a report ,on the activities of the De- partment of Justice against seditious persons. The court, after summing up the contents of the manifesto, discloses his opinion that it did not advocate the overthrow of the Government by violence, in the following language, at page 21 : But there is nothing contained in it that advocates the destruction of society by the use of violence, and it is open to the construction that it was designed to be sent out for the purpose of bringing about a change in the Government by propaganda — ^by written documents. Moreover, at page 22, it appears that the court based his decision upon the further ground that the prosecution had failed to prove that there was any conspiracy at all between the defendants. Upon this point the court said: Conspiracy is a combination by two or more persons to do some unlawful act, either by lawful or unlawful means, and I think the evidence is entirely insufficient to show that there was a concert of action between the alleged conspirators. ' It is not shown that the defendants announced any of these anarchistic statements set forth in the manifesto. It was not shown that any of them read it or were aware of its contents before their arrest ; it was not shown that thev had predilections toward such a subject. It was not shown that there was any incitement by them or others to join them, or that they affiliated with persons having such. views. They were not shown to have any direct or sub- stantial connection with the printing of the manifesto, or with causmg it to be brought to the house of this man Rodriguez ; and I think, in order to estab- lish the claim of conspiracy under this statute, assuming that it appUes, it was necessary for the Government to go further than it did, and, gentlemen of the jury, in my opinion there is nothing to be submitted to you. These defendants were Indicted under a statute which does not embrace this par- ticular offense. Thus it appears that the case in question does not decide the prop- osition that section 6 is inapplicable to the advocacy of the over- throw of the Government by force or violence, because, m the opm- ion of the court, the matter in question did not advocate force or violence, and because no conspiracy at all was proven. Section 6, moreover, has recently been construed by the circuit court of appeals in the State of Washington, in the case of Wells v. United States (257 Fed., 605). In that case the defendant and three others were indicted and convicted under section 6 for havmg conspired by force to prevent, hinder, or delay the execution of 230 SEDITIOK. certain Federal statutes — ^the declaration of war against Germany and others. The evidence was to the effect that prior to the passage of the selective-service act the defendants had collaborated in the preparation and distribution of a certain anticonscription circular urging resistances to conscription. The court held that since it appeared from the circular that the use of force was conteipplated by the defendants in resisting conscription the conviction must be affirmed. At page 6f4, the court said : We think, therefore, that the evidence was sufficient upon wliich to submit the case to the jury. It was not necessary to show tliat force was actually «inployed, but only that there was a conspiracy entered into that contemplated the employment of force as a means to the accomplishment of a common purpose to oppose the execution of a law of the United States or the authority of the Government to prosecute the war. Fi-om these two decisions it is apparent that the law is that under section 6 of the Federal Penal Code a conspiracy to resist the laws or authority of the United States is a criminal offense where it can be shown that the use of force was contemplated, but that such a conspiracy will not be punished unless the Government can prove that the element of violence which the statute makes essential is actually present. It is, of course, obvious that the same reasoning applies to a conspiracy looking to the forcible overthrow of the Oovernment. Accordingly, it is urged that the Attorney General's position is "wholly untenable. It is, of course, true, as the Attorney General suggests, that under section 6 it is impossible to punish the individual who urges violence as a means of effecting governmental change unless conspiracy can be shown. Section 4 of the Federal Penal Code, however, provides as follows: Whoever incites, sets on foot, assists, or engages in anv rebellion or insur- rection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than 10 years, •or fined not more than $10,000, or both, and shall, moreover, be incapable of holding any office under the United States. (Act of Mar. 4, 1909, ch 321 sec 4, 35 Stat., 1088.) .... There is no reported decision construing this section since the Civil War. This section has been before the courts but once since that time. In re Grand Jury (62 Fed., 832; Southern District of California, 1894), a strike was in progress upon some of the lines of the Southern Pacific Railway Co. Obstruction of the United States mails was involved. A Federal grand jury was sittino- to investigate whether any violation of the Federal statutes had taken place. District Judge Rose, at page 837, gave the following instruc- tions to the jury: Gentlemen of the grand jury : I especially call your attention this mornlnc to the report of certain acts and declaratioris of a Dr. Rawlin at -i uuhlic meeting reported to have been at Hazard's Pavilion, in this city last nitrht and in connection therewith I instruct you that it is declared in the statutes ■of the United States that every person who incites, sets on foot assists or engages in any rebellion or insurrection against the authority of' the United States, or the laws thereof ^ or gives aid or comfort thereto, shall be mm ished by imprisonment not more than 10 years, or by a fine of not move thnn ^10,000, or by both of such punishments, etc. ^ *"'^" SEDITIOK. 231 It is, of course, not suggested that the learned judge's instruction constitutes an authority binding upon the courts, but it is clear from the language which he used that he was of opinion that if a strike leader in a speech used language amounting to incitement to an insurrection, the section was sufficiently broad to be used to punish him. It is also clear that in the strike in question the court •could not have contemplated the possibility of open insurrection or rebellion, in the popular sense of these words, but that what he must Tiave had in mind was the forcible resistance to the laws and authority of the United States. In conclusion it is urged : \ 1. That the decided cases make it clear that section 6 of the Fed- eral penal code adequately covers any cases of conspiracy against the Government or the laws, where the use of force or violence is contemplated; and 2. That the only existing indication of judicial opinion as to the scope of section 4 is that that section precisely covers the class of acts in question on the part of individuals when the element of con- spiracy is absent. I want to thank the committee for its attention. STATEMENT OF MR. SAMUEL GOMPEKS, PRESIDENT OF THE AMERICAN FEDERATION OF LABOR. Mr. GoMPEEs. What advantage to our country will there be in liaving such a bill as that presented by Senator Sterling or those pre- sented by Representatives Graham and Davey ? Do they contribute to the safety of our Republic or our institutions? Are they neces- sary ? Will they bring about a greater spirit of unity and solidarity and patriotism among the people of the United States? Will they Tielp to perpetuate the institutions of freedom as they have lived since the establishment of our Republic ? Or will they work to the very opposite of those very desirable results ? Has history, has experience no value to us? Is this character of legislation, or proclamation, or edict in other countries to have no influence upon our judgment and our course? Is such legislation calculated to tranquilize the mind and the activities of the people of the United States? Will it contribute to the spirit of progress, of evolution, of an effort to make this country of ours even a better country than that which it is now, though it is the best in all the world ? No one will claim perfection for it. If perfection had been already reached, or has been reached, progress is impossible. Con- gress would be an unnecessary adjunct to the affairs of our Govern- ment. Th6 fact that our (Jongress sits in session regularly, and sometimes specially, is a recognition of the fact that we are not a perfect institution, and that it requires the representatives of the people of the United States to meet for the purpose of devismg ways and means for further progress and better conditions of life and work and safety, and that they may be promulgated and enacted into law. ' I have no hestitancy in discussing the language of the Sterlmg- Graham bill; but if I may, I would prefer to speak of some of the features and of the provisions of the bill, without gomg mto it line 232 SEDITION. for line, or section by section, in discussing the language employed. The intent and purpose, as I understand it, I prefer to present. In addition, and perhaps the most potent feature of the purpose of the bill, whatever language is employed in its framing, is to pre- vent cessations of work. It hiight be generally termed a bill to enforce compulsory, involuntary servitude, to tie men to their tasks, to labor; for there are very few, if any, of the provisions of the bill which would not have this most potent application to any effort made by 5vorkers, wage earners, working people, to endeavor unitedly to improve their conditions, by, if necessary, a cessation of work. Since the foundation of our Government there has been constant movement toward freedom, and that the workers — the wageworker, if you please— might have a freer opportunity to emerge from the condition of servitude into that of freedom. The oiily difference between a slave and a free man is that the slave must work at the whim or fancy of the owner or the master. The difference between a slave and a free man is that a free man may quit. work whenever he determines for himself to do so; that no que can say to him that he must work except as, under the pro- visions of tifie Constitution of the United States, he may be convicted af crime before a jury of his peers, and then be compelled to go into involuntary servitude- By the adoption of the thirteenth amendment to the Constitution, involuntary servitude was abolished. For some time there has been a concept developed among some people that the right as declared by the Constitution of the United States must be circumscribed and limited, or taken away, by some phraseology, by some law. I am referring to the provisions of the bill prohibiting persons from agreeing to associate or organize — it is section 6 of the bill which is as follows: Sec. 6. That every book, magazine, newspaper, document, handbill, poster, or written, pictorial, or printed matter, memorandum, sign, symbol, or communi- cation of any form wherein or whereby the overthrow of the Government of the United States by force or violence, or resistance to or rebellion against the authority of the Government or the overthrow, change, or defeat of the Consti- tution of the United States, or the laws or authority thereof by force or vio- lence. Is advocated, advised, or incited, or wherein or whereby the use of force or violence or physical Injury to or the seizure or destruction of persons or property Is advocated, advised, defended, or incited as a means toward the ac- complishment of Industrial, economic, social, or political change. You will observe, Mr. Chairman, that the language used is " by force." There are various kinds of force, and one of them is moral force — ^moral force for the attainment of political or industrial or economic changes. . The workers of the United States, whether organized or unorgan- ized, are working for economic or industrial changes. Every, effort made by the workers, organized or unorganized, for the improve- ment of their material and moral and social condition is one of moral force. In this section the language employed is " force," and that is capa- ble of construction in any fashion that the courts may interpret. Though I speak in the name and have the authority of the organized workers of America, I presume to speak in the name also of the un- organized. They have no voice of a representativie character; and SEDITION. 233 there is not anything to which the organized workers aspire but will bring its reflex benefit to the unorgamzfed. Unless we encourage the effort of the workers for improvement in the manner and method approved by the conscience of the American people, they will find that expression or manifestation in another form. Strikes, as cessations of labor have been called, are nothing more nor less than an aspiratioq of the working people for a better life. And, in passing, it may not be amiss to say that you Avill find strikes, or cessations of labor collectively, among workers only in the highest civilized countries. You will find no strikes in China ; they are growing in number in Japan. You will find none in India. In the most backward countries you will find fewer cessations of labor for the purpose of endeavoring to obtain a higher standard and a better standard of life. And in those countries where there are fewer strikes, almost no strUces at all, they are the most backward countries on the face of the globe. And I say this, not to sound the paeans of strikes, for our move- ment has done more than any other factor or group in the whole country to prevent and avoid strikes. And in addition, it is my judgment, after a lifelong study and ex- perience, that this species of legislation is not going to prevent the things which it seeks to prevent— it will not prevent the doing of the things sought to be prevented. On the contrary, it will provoke them. Quite apart from the question of the effort to tie the men of labor to their jobs there are other considerations why this bill should not become law. This would be accomplished by tifie provisions making assemblage unlawful- — assemblages of the character to which I have referred — ^by the associations and affiliations; by the limitation of free speech, and a free press^f ree discussion ; by providing ways and means by which every activity can be interpreted to come under the provisions of this bill. Give the courts jurisdiction, and they will grasp it and take advantage of it and interpret it, I think that the interpretations placed upon the laws intending to apply to certain activities of groups of people, and the interpretations to apply to workers par- ticularly — as, for instance, the Sherman antitrust law ; as, for in- stance, the issuance of injunctions in labor disputes, injunctions whidi are intended to apply to property and property rights, and in no way to apply to personal relations-^-these species of injunctions have been interpreted by the courts to apply to the normal activities, involving no property or property right, but involving personal rela- tions. The issuance of the latest injunction of which I have any knowledge, was that by the Department of Justice, in which was not only contained prohibition of acts — restrain of acts in themselves innocent and lawful, but containing mandatory features compelling the performance of things and acts which the person had a perfect right to refrain from doing. My contention is that the word " force " as employed in section 6 of the bill as written, would prevent not only the application of physical force, but also all exercise of force in bringing about industrial and economic changes. And there is now upon the statutes a provision punishing by large fines and sentences of imprisonment the doing of overt acts, or using, or attempting to use, physical violence. 234 sEDiTiosr. It is one of the provisions of the bill that any one wearing a badge, or button, or device that would indicate a purpose to overthrow the Government, shall be punishable. But take the bill, not section by section alone, but the intent and purpose running all through, and there is one purpose — restriction, limitation, making things now lawful unlawful. The language of the bill prohibits doing things by *' force." Moral force is the thing which thinking, earnest, patriotic Americans seek to use for the improvement of the conditions of the masses of the people and for the benefit even of our system of gov- ernment. Under the provisions of this bill, if it were enacted into law, if an organization, or if a group of men undertakes to say, " We will endeavor to undo the resolution for the amendment to the Consti- tution granting woman suffrage," that would be working a change in the Constitution; if any group of men undertook to work for the repeal of the prohibition amendment to the Constitution, it would be unlawful. If, for instance, we would come to the conclusion that the election of United States Senators by the people was not a progressive step, and if a group of people were to undertake to inaugurate a move- ment for the repeal of that constitutional amendment, they would be worldng for the changing of the Constitution. The bill says '' force or violence." Moral force is not excluded. The whole bill, the whole thing, the whole scheme, is wrong. I am simply calling at- tention to a few of the features. Such a law would apply to many citizens of the United States, but especially to the workers. Many of the workers are organized, probably about 5,000,000 of them now, with about 25,000,000 in their families; but the condition of the workers and the position of the workers are that though they may be unorganized to-day, they may be organized to-morrow — overnight; some condition in the estab- lishment may occur, some oppression, some grievance may arise; or there may be a spontaneous movement for the purpose of securing better conditions. It is these movements of the workers for better conditions and a better life that are primarily involved. The movement of the workers is mass movement. It can not be held behind closed doors. They can not go into executive session. What they think and say is for the world to know. If there were a movement under foot to change the Constitution so that there would be what some people think not only a responsible but a more immediately responsive government to the expressed will of the people, there are some who fancy that with such a change it would be more democratic; but, be that as it may, to advo- cate that, to advocate a change in the form of the Government or if there were any effort made for the election of the President of the United States, instead of through the Electoral College, by a direct vote of the people and a majority vote of the people that would be a change in the form of the Government of the United 'States. , Section 5 prohibits the advocacy of anything of that kind. It is as follows : Sec. 5. That no person shall rtisplay or exhibit at anv meeting, or narade or in any other place, any red flag or banner as a symbol of anarchy, or of linv of the purposes forbidden in this act, and the display or exhibition of such a SEDITION. 235 flag or banner In any meeting or parade shall be prima facie evidence that it IS so displayed and exhibited as such symbol, and no person shall display or exhibit at any meeting, gathering, or parade, or in any other public place, any flag, banner, emblem, picture, motto, or device which tends to incite or indi- cates a purpose to overthrow, by violence or by physical Injury to person or property, the Government of the United States, or all Government, or to over- throw, change, or defeat the Constitution of the United States and the laws and authority thereof. You will observe that to advocate a change in the Constitution, not by violence, not even by moral force, but to advocate a change in the Constitution would be sedition. The last part says : To overthrow, change, or defeat the Constitution of the United States and the laws and authority thereof. That last clause of the section omits the provisions contained in the earlier part of the section; it omits the reference to violence or ^orce, or even moral force ; but merely the advocacy of a change in the Constitution is made punishable under the provisions of the bill. All of it is subject to interpretation and construction by the courts. And I have had experience with the interpretation by the courts of laws passed by Congress; I have had some experience of the avowed purposes of certain proposed bills. I have had some experience of assurances given of what the intent of those bills would be when enacted into law. And there has not been any instance coming under my observa- tion where those assurances and those understandings of the law- makers have been borne out by the interpretation of the courts. On the contrary, the very reverse has been the interpretation of the courts, and the courts' decision upon several of the measures which I have in mind. There is not an avenue in which a man or group of men and women might be active for the purpose of betterment which could not be construed to come under the provisions of this bill. We have had some experienc'e here in the United States with an antiseditiori law. In 1798, upon the occasion of the coming over here of Citizen Genet from France, who sought to win over the peo- ple of the United States to the cause of the French Revolution and to inject some bitterness of feeling between the United States and England, an antisedition law was passed by Congress; and after the passage of that law the party in control and responsible for that law was never heard of again except in hisctory. And that antisedition law was repealed soon afterwards. It destroyed the Federalist Party. Permit me to interject a word about the Davey bill, which was written by Attorney General Palmer. In that bill, too, there is a provision which makes it punishable if a change of the Government is advocated. Then again, it uses the term '^ force,'" without dis- tinguishing as to whether it be physical force or moral force. In addition, it refers to anyone who shall encourage "terrorism, or revenge, or hate." What kind of violence, what kind of terrorism, what kind of revenge, or what kind of injury was in the mind of the Attorney General when he framed the Davey bill? However, resuming approximately where I left off, I want it clearly understood that neither the American Federation of Labor nor I, as its president, am in sympathy with that which has come 236 SEDITION. to be known as the " Ked," or the " Reds," or " the red flag." We have done our level best, in season and out of season, to oppose every act and thought of it, or that which it symbolizes. I doubt whether there is any man among all our people who is so utterly despised by those who are known to be " red " as I am. No one has been quite so much vilified and slandered and misrepresented as I have been by those very people. May I call your attention, gentlemen, to the fact that in Canada, for war purposes, there was an order in council adopted which was of a similar character as the bill now before Congress? The net re- sult of it was the arrest of any man engaged in any kind of strike. I would like to call attention to several cases, particularly one of R. B. Kussell, with whom I have no sympathy at all other than the fact that he is a trained workman who sought redress, and did so in a mistakeii manner. But as the order in souncii, or the antisedition act of Canada, was invoked in labor cases almost exclusively, and it would not be amiss to call attention to the charge of the judge to the jury in the case of Russell as showing the concept of that order in council as to strikes. I might submit the charges of judges to a jury, or I might submit statements of judges in courts of equity, here in the United States, which go quite as far as Judge Metcalf went in the case to which I refer. That was a case of supposed sedition — which was nothing more nor less than a strike; and neither physical force nor physical vio- lence was even charged in the indictment. I submit the charge to the jury, Mr. Chairman, as reprinted in one of the local papers of Canada. It is as follows : [From the Labor News, Hamiiton, Ontario.] JUDGE METCALP'S CHARGE TO THE JUBY — ^DELIVERED ON TUESDAY, DECEMBER 23, AT THE " PEG " STRIKE TRIAL OF R. B. BUSSELI, — OBJECT OE STRIKES MUST BE HONEST ENDEAVOR TO IMPROVE CONDITION BY LAWFUL MEANS. From the headquarters of the Winnipeg defense committee, the Labor News has secured a verbatim copy of Judge Metcalf's charge to the jury in connec- tion with the trial of " Bob " Russell, the " Peg " strike leader, who is now serving his sentence of two years' imprisonment in Stoney Mountain Peniten- tiary. For the accommodation of our readers we submit as foUows : " Gentlemen of the jury, after 23 days' sitting— almost day and night — after the filing of over 700 exhibits and the taking of an immense amount of evidence, I think you will believe me when I say I am almost physically unfit to perform the duty which devolves upon me this evening.' I know that your duties have been arduous; and I know that, realizing the nature and importance of the case, you have a proper appreciation of your position and responsibilities. You have listened wath great interest and attention to all the matters that have been laid before you. " Now, we start first always in a criminal case with a presumption that is one of the blessings of the Britisli constitution — a presumption not against Russell, but in his favor; and it is always the duty of the judge to tell the jury that the accused is innocent until proven guilty ; that is to say, he is pre- sumed to be innocent until the evidence of the Crown satisfies you that he is guilty. It would be almost impossible for you to come here without some recollection of what you have read in the newspapers during the months of May and June last. Now, gentlemen, I mu?t ask you in all fairness to Russell to put out of your minds what you have heard secondhand and what you have seen and heard in this court room. Every judge must tell you that it is his duty to do so. "And, gentlemen of the jury, I am going to tell you that I know my duty— and X am not going to charge you in any way than in a court of law it is my SEDITION. 237 duty to do — that in regard to the reception and rejection of evidence and any matters about which you may have heard some discussion that would look as if I did not know my duty as urged on the part of others. I must tell you that in as far as God has given me capacity I have known and done my duty. I say it is my duty to instruct you also as to matters of law, and In such matters you ought to fdlow my directions. I may also speak as to facts — that Is a privilege, and sometimes a duty ; but If I do so, it will be only for the purpose ■of assisting you as to the application of law which you might not otherwise understand, and not for the purpose at all of prejudicing you either in favor of or against the accused. In all matters of fact you are the sole judges, and where you dlfEer from a judge on a question of fact In your own mind it is your duty to follow the dictates of your own conscience and not that of the judge. " Now, counsel having seen tit to charge you upon matters of law, and that being the case I must deal with the matters of law more fully than I otherwise would have done, because matters of law have been stated here with which I do not agree, and on which I will Instruct you fully, and you ought to follow my instructions because that is what I am here for to see that only proper evidence is admitted, and to tell you the law Independently of the Crown or of the ac- <'used, and you should take the law from^ me. In dealing with the law, Mr. Cassldy has dealt with that case of 16 Cox, 355 John Burns. Now, Mr. Gas- sidy has dealt with that case more fully perhaps because it may have been assumed that I might not do my duty In charging you with the law, because in so far as that case is concerned I have no quarrel with the judgment of Mr. Justice Cave, but that judgment was based upon the facts of that particular case, and the only way in which that case differs from any other cases is that It goes a little further in favor of John Burns than any other case along the same lines. " Gentlemen of the jury, for heaven's sake, if it has now come to the matter of Intent or innocence of intent, and if the parties accused here did not Intend any real mischief — did not desire to bring about the things that were subse- quently brought about — then I would advise you to bring in a verdict of not guilty. In the John Burns case, however, it had to be remembered that the Crovm did not suggest that the parties desired to have brought about the things that actually were brought about. The Crown would not urge that John Burns desired to bring about the acts that subsequently occurred. " Now, there are two main charges running through the indictment. There ■ are several counts — the earlier counts relate to sedition. The other distinct charge is that of common nuisance." His lordship here went into the Indictment count by count, and defined sedi- tion. Proceeding, he said : ^ ,_ -. , " It is dlflScult to put the dividing line between what is innocent and what is criminal in the matter of words written or spoken. The charge applies to overt acts which are not treason and still not innocent. Words spoken at the heat of the moment or during normal times may be overlooked, which if spoken in troublous times are liable to incite disturbance. The pointing out of errors m the administration of the Government . has always been permitted, but such criticism must be without malicious intent. A seditious intention Is an intent to Incite people to take the powers of Government into their own hands, or to cause a tumultuous riot. The speaker must be held responsible for the natural consequences of his seditious statements. Now, I think that those passages of law which I have cited to you give a very fair statement of the law, and if you iind that the intention of the accused was bona fide, that he had na harmful motive, then, gentlemen, your verdict should be not guilty; we do not send a man to the penitentiary unless he is guilty of a charge. Now, if the means resorted to are unlawful, there may be conspiracy even although the ultimate irarpose Is lawful. Conspiracy implies a combination, an agreement of the par- ties Is necessary. In regard to evidence In conspiracy, there must be a common design, the parties must have foUowed a line of conduct arising, m the estima- tion of the jury, from a common intention. You can tell whether a number of persons are pursuing a common intention If you _find their conduct on different occasions all consistent with that special object." His lordship here cites passages defining conspiracy ■ ^ ,. . ^ . "Sir Henry Hawkins, probably the ablest judge on such matters m recent times in England! says, 'I will point out to you what each of the parties has d™e for the purpose of allowing you to form your own Judgment as to S'her or not they were connected with one common design, then such mem- ber of the consplrJc7 is responsible for- such acts of the other, as are con- 238 SEDITION. nected with the carrying out of the common design; First, you must find tlie common design. Then, were all these parties doing such acts at different times and at different places, or were they doing some of them altogether, and were these acts consistent with the common design? If so, the action of one "whom you may connect up is evidence against the other. "'Now, It is necessary for me to take some facts to elict the law of con- spiracy. As far as possblie I am going to keep, away from any facts that are disputed, and give you only such facts as appear either from the letters of Russell or to Russell, or from publications such as the Strike Bulletin, the Labor News, the Soviet Journal, or whatever it is named, or those other papers which are published in the city of Winnipeg. Now, as to Russell, there is evidence that he assisted to try and get control of the labor council. You know it Is hard to forget the letters of Russell — at least it is hard for me to forget thern. They contain such nice, short, crisp sentences such as " Knock hell out of the Labor Party." Those things make milestones In my mind. You remember his own letters. Now, Russell was a member of the executive commit- tee of the trades and labor council — he knew what he was talking about. The trades and labor council was responsible for the publication of the Western La- bor News. Russfell was connected with the Socialist iParty and was responsible for those socialist papers that were published here. The society, it is admitted, carried on its operations by propaganda. You have seen a lot of this propa- ganda. I have seen too much of it.' " Russell was at the Calgary convention. His letter shows the desire that this meeting should be packed with ' Reds.' At that convention he was ap- pointed chairman of the executive. The objects of the committee were to get out propaganda, and see to the carrying on of the strike. Well, there is evi- dence that they got out propaganda — you have seen that propaganda from day- to day and from night to night. Russell was the business agent of the Metal Trades Council, and it was In connection with the trouble that existed there that Russell spoke about the holding of a genera.1 sympathic strike, and the ballot was taken. You heard what he said about it. He was there when the vote was decided on. He became a member of the general strike com- mittee — the central strike committee; and you heard about his activities in connection with the strike. You have also heard about his activities in con- nection with the Socialist Party of Canada, the object of which is to distribute propaganda. Now, you remember that there were others who were interested in this propaganda — Armstrong, Johns, and Pritchard— "who were also members of the Socialist Party of Canada, and in that sense at least you may reasonably infer that they were interested in the propaganda that was issued by Russell, issued personally by Russell or by others who had the interest of the society at heart — others who had the same, what shall I call them, ideals — ^perhaps I had' better, sis Russell does himself, call them ' ideals.' As to the Trades and Labor Council, Russell's activities were connected with the others who were jointly accused in the indictment — Ivens, Armstrong, Bray, Heaps, and Queens — I don't know that I can very well leave Ivens and Pritchard out of this propagada. Ivens was editor of the Western Labor News — ^perhaps you may think that was sufficient punishment, and possibly you may find sufficient to show that this propaganda was seditious. " Gentlemen, speaking to you as a judge, if I were on a jury, there is much in that matter that 1 would have no difficulty in concluding was seditious. ^ " Ivens was editor of the Strike Bulletin during the strike and assisted Russell and others In carrying on the Winnipeg strike. He was appointed by the strike committee, and the Strike Bulletin shows him to have been one of the most active. " Now, before I leave Ivens, I really have been unable to understand two things, from the viewpoint of the Socialist Party— I think I should say these members of the Socialist Party — this particular class of Socialist — Russell seemed to think that ' capital ' meant only that money which wa» invested in industrial concerns, when he was asked the question in the box. Now it is for jou to consider and ascertain in your minds, if you can, whether tliar is what this class of Socialist means, whether that class of workers designated ' plugs ' will not be likely to grasp a lower order of socialism than that of their teachers, and come- to think that capital means the possession of those richei- than themselves; therefore, one must under the circumstances be mo'it careful in using the word capital, and abusing capital. " Now, let us see what impression it has had upon the mind of the preacher Ivens— I refer to the report of that speech made one Sunday evening Ivens SEDITION". ~ 239 had got clear aAvay h-om the idea of limiting capital to such as was invested in industrial pursuits. He said 'The capitalist owns the land upon which the wheat is grown.' Was he referring to the land that my father aud vour father homesteaded? That is the ' class ' by which the wheat is chiefly grown In this country. See how the man was carried away by the mass of Socialist stuff when he gets so far from the real facts. Was Russell himself so carried away by reading these books? They are prepared on conditions that exist in Russia— Russell himself seems to have begun to believe it, and says most of the land in Canada Is owned by capital. " Now, as far as Armstrong is concerned — he is the ' soap-box ' variety of society. He was a member of the Trades and Labor Council, and one of the ' reds ' along with Russell, and along with others had gained control of that body. The ' reds ' themselves admitted they had control. He spoke at the Walker Theater — at the Majestic Theater — there is evidence that he, along with Russell, was responsible for propaganda that was distributed at the Majestic Theater and the rest of the places that was distributed from time to time under. the direction of Russell, and Queen, propagandist, too, and Prit- chard, too. Queen was chairman of the Walker Theater meeting. He was advertising manager of the Western Labor News. He addressed a meeting during the strike, and was active in the strike. " As to Pritchard, a letter from Stephenson, the Dominion secretary, states that Pritchard was one of the most active propagandists at the coast. He was one of the speakers whom Russell asked to be sent here during the strike. He was active. He was at the British Columbia Federation of Labor, and attended the Calgary convention. The exhibits show that Russell was in cor- respondence with Pritchard. Now, who was Pritchard? He was the man who received the highest number of votes for the committee at the Calgary convention. Subsequently he was active with others in issuing propaganda for the one big union. Now, I have nothing to say against the one big union. I^don't know it yet — ^but if the one big union assisted in the state of affairs here, and if that was one of the societies with which Pritchard was associ- ated — and Russell and the other accused — if you so find — then you may con- sider that seditious. " Johns was a member of the Socialist Party of Canada — spoke at the Walker and Majestic Theater meetings where Socialist propaganda wa.? dis- tributed. He was one of the ' Reds ' with Russell. I mean he was a ' Red ' like Russell. Tlie Reds had control of the Trades and Labor Council. He and Russell were the official delegates from the Trades and Labor Council at the Calgary convention. He received the second highest number of votes, that is to say, the highest next to Pritchard on the central committee. He was appointed at the Calgary convention. ■ .Johns at the opening of the Winnipeg strike was in the East, and wrote a letter to Russell showing his activities along the same line. Distributed propaganda of unrest. Was also a member of the general strike committee throughout the Winnipeg strike, and was one of the active workers. " Heaps was a member of the strike committee, and also a member of the relief committee. He spoke and voted at the city council in favor of keeping the pressure low, and generally in favor of the actions of the strike leaders. You know Heaps has not been in the box ; but Robinson was in the box. "Like rancid butter which leaves a bad taste in the mouth is the evidence of Robinson. The secretary of the strike committee, he tries to disclaim responsibility for everything. 'We were not responsible.' Well, gentlemen of the 'jury, that is for you to decide. . Robinson swears that he did his duty to the citixens at large. He was there to represent the citizens at large, AVell, somehow that does not sound very well, because I believe he did his duty by the strike committee. I believe that because he said he did. Now, a luan can not serve two masters, and he can not do it well, and if so, which did Robinson Serve? This question will be material to you in the consideration of this matter. " Bray was not serving two masters — there was no doubt about that. He was a member of the strike committee; and became very active. He had returned soldiers who were strike sympathizers, marched to Kennedy Street, and demanded that the strike should be settled in accordance with the demands of the strikers, and you heard the evidence of Bray. The Strike Bulletin had several articles concerning Mr. Bray and what Mr. Bray did; but to be fair to Bray he seemed to have no connection with the matters charged except such connection as you may infer from the Winnipeg strike itself. 240 SEDITION. " Now, there were others whose actions you may look at, because of the correspondence and telegrams, and the relations which existed between these and Russell; that Is to say, Stephenson, of Edmonton; Joe Knight, Maguire, and Kavanagh, of Vancouver, and for the purpose of showing the extent of l-iropaganda and the class of the propaganda against capital. Now the Crown contends that Stephenson, like Pritchard and Kavanagh, were coconspirators with Russefl, that they were members of the Socialist Party of Canada, and connected with the propaganda and arrangements, and thereby became cocon- spirators with a seditious purpose. It is for you to say whether the evidence satisfies you that these persons were coconspirators with Russell i if you are convinced that any one of these persons was not a coconspirator, then his actions should not be considered by the jury as connected with Russell. "You heard Russell's version of a sympathetic strike. Russell's idea of it was that when a certain organization realized it was beaten, it called to its assistance other organizations to bring force to bear on the original disputfe. Force— force, that's one thing I liked about Russell ; he was candid. Anyway, Rnssell told us what it was. It was force. Winnipeg, once he got away from his natural hesitancy, came right out with It, said he would bring a general strike at a time when it would cause the most inconvenience to the public. Robinson took a long time to say It, but you could gather from his remarks what was the right . time, from the strikers' standpoint, for calling a general strike. " We must look to our own statutes for our own law. There is a case of conspiracy upon our own Dominion Statutes, a case with which I entirely agree. [Here cites authorities, including Reg. V. Gibson, as to Inciting breaches of the peace, endangering life and property, intimidation, etc.] " Now can a general sympathetic strike, the object of which Is to tie up all Industry ; to maJse it so Inconvenient for others that they will cause force to be brought to bear to finish the strike ; to tie up deliveries of bread and milk ; to tie up the wheels of industry and transportation from coast to coast ; to lower the water pressure In a city like Winnipeg---which since the Intro- duction of modern conveniences has no other way to carry on its life — ^how can such a strike be carried on successfully without a breach of all these matters of violence and intimidation, and how can you say, if you exerciste your common sense, that those in charge of a strike like that did not intend that those things should happen? You heard about the Canada bread; was not that committing a breach of the peace? Are those things likely to cause breaches of the peace? The law provides penalties for. breach of Its provi- sions, and breach of its provisions is punishable by statute, which was made for the purpose of making a strike a last resort. Those who commit the mat- ters dealt with by that statute are guilty of a breach of that statute, and those who aid, abet, assist, counsel, and procure are likewise guilty of an offense^ against that statute, and those who take part in a general sympathetic strike of that class can hardly hope to take the benefit of the clauses in the code which exempt an honest striker, honestly striking, in an honest strike, from punishment. " Strikers must not congregate in large numbers, must not do violence, must not threaten, must not be members of an unlawful assembly, must not riot. The object of the strike mnst be an honest endeavor to Improve their own conditions by lawful means; otherwise they will find themselves subject to the criminal law. . " Personal liberty is not a liberty of the body only ; it is also the liberty of the mind and will. Intimidation which is effected by merely collecting in large numbers, saying nothing and passing on, may reasonably be expected to disturb, the peace of mind of the ordinary man. It is not necessary to have large numbers to peacefully persuade, to walk around a place where people are employed, to boo, etc. Gentlemen of the jury, as much of terror mav be Inspired in this way as by two or three men armed with guns ; in strilies von can excite the terror of starvation, of thirst, which is quite as effective as bodily violence. Tour stomach may bring you quicker than a crack on the head sometimes. Sometimes it even has a disturbing effect upon some neoDle's minds to have their emotions watched. A combination to prevent others ft-om workmg is a very serious thing. Not to work in itself is lawful, so long as one keeps out of the poorhouse. ' " "" "Now, gentlemen of the jury, coming back to those meetings— as I <,«ld before, some of those resolutions are in no means unlawful In themselves and in regard to the soviet form of government and with regard to Rnssell we SEDITION. 241 should have no objections to what he thinks about that, so long as he does not intend to convey to others the desirability of instituting such a government in Canada. He may thinli what he likes about it in Russia — ^we don't care- but when he commences to constantly attack the system of this country and constantly put before the 'plugs' the desirability of the Russian system, then, exercising your common sense, you may reasonably infer that he Is trying to introduce into this country that system. Do you like it? Would you resist it? Would It be likely to cause a breach of the peace? Well, if it would be liable to cause a breach of his majesty's peace among the public citizens, it would be seditious. That is for the jury. " Judging from the literature, gentlemen of the jury, do you believe that that means action by the ballot? That is entirely for you to say. But you may also remember that there are other classes of political action than action by the ballot, and the material tiled, and the literature itself, may suggest to you what Is meant when speaking of political action. " Collective bargaining — if collective bargaining means that thereby the workers of Canada may enforce upon the employer a recognition in the sense in which it has been used — of agencies for the purpose of making contracts for their men with the employers, and if such a condition of affairs would make it more easy for those who control or desire to control labor for unlawful pur- poses to tie up industry from coast to coast, to give as much inconvenience as possible to the general public — to make a strike " efficient " as has been defined here — and if that was the intention generally of urging a demand, that is, collec- tive bargaining, so that revolution by a strike might be brought about more easily, it was seditious to make those demands in that way. It is for you to say, gentlemen, whether that was the desire. And in all these matters, gener- ally, that come before you, you will, in common justice to the accused, give him the benefit of the doubt on any of those points. " Now, time and conditions enter into the consideration of these matters. Ten j'ears ago, in Canada, we would have laughed at seditious words — they would not have been likely to have created disturbances. I don't know that we would have laughed at all classes of seditious words, but we would have laughed at many words and acts that, under existing conditions, we now consider seditious. But when our nerves are at tension, when the country has been through the throes of trouble and many who are coming home from Europe are without a leg or an arm, and you find men who are described as being 75 per cent foreign- ers, being addressed by preachers whom, at least, we may say ought to know better ; foreigners who are making wages greater than that man who has lost a leg or an arm during the past four years, and who perhaps are saying : ' Your con- stitution under which you fought is no good ; your whole system is wrong ; you don't know how to run your country : we are the ones who do ; lok at Russia — here we have made a nice little plot for you. Don't know how you feel about It, gentlemen.' " Now, outside of sedition, there is the crime of nuisance. If the strike were brought about in such a way so as to endanger public health and safety, It becomes a nuisance. It never was the intention to limit strikers so that they could not carry on such things as were reasonable and necessary. But, gentle- men, is it reasonable or necessary to Inconvenience the whole community, to lower the water pressure, to shut off the bread and milk so as to endanger the lives of infants and the sick? Surely you can not contend for a moment that such conditions were within the limits of exemptions from punishment. A strike on those lines may become a nuisance. " I know something of the history of the law of labor. My father was a laboring carpenter, but his house was filled with books, and I recall some of the things that were mentioned by Mr. Bird, and I can recall worse. Children were born when the fathers working in the factory had no money and had no hope. Thev had to be cared for in the best way they could be cared for, which was pretty bad. As soon as, or perhaps sooner than, they could work, they had to work, and they had to continue to work ; and when they got sick and the pay envelope was empty— if they had pay envelopes in those days, which I don't think they had — then God help the family. Where was the food, the necessary food, to come from? The conditions were awful, even until the middle of the last century, and somewhat later. The conditions were such as would horrify lis to-day, and no condition seemed possible to those laboring people. From their birth penury, and from the time they commenced to work penury, and another generation grew up; and so it went on and on — no hope, no occupa- 166718—20 16 242 SEDITION. tion for the unlettered man, no chance to rise, no chance for anything but to stay there working with his hands day after day, all the time. Now, those were the conditions in England, and it nearly brought about a serious revolution. " It did bring about an incipient revolution about 1843 or 1844, in the matter of the Chartist troubles. Gentlemen of the jury, we never have those conditions in Canada. We may have conditions that are hard for labor, but we never have those conditions. " The journeyman carpenter may go into the country. He may, himself, be- come reasonably well ofC. His children may have schooling that will be suflS- cient for their purposes, and enable them to take any position in the commu- nity. The people own this country. It is the people's country. The land could be had for the asking at the time when our labor legislation was brought into force. In Canada it was never intended to permit anyone or any body of men under the guise of labor to combine to do wrong to a community. "Now, gentlemen, what do you think of allegiance to your country? What do you think of a man who won't fight for his country and his fireside, as did our forefathers at Quebec and Queenston Heights? For what did our fore- fathers fight when they drove the Americans that day from the ramparts of Quebec? Are sentiments of loyalty to be brought about by illegal strikes, by force exercised thereby, by unlawful conspiracies? Our constitution is splendid, too ; conditions are not to be compared in any way with those existing in Eng- land at the time of the Chartist and other troubles ; the poverty and other suf- fering were deplorable in the extreme; but we have no poverty in Canada at the present time in any way approaching those conditions. Perhaps we may conclude with those illustrious words of a fellow countryman of Mr. Russell's : " ' Breathes there a man with soul so dead, Who never to himself hath said. This is my own, my native land.' " Now, gentleman of the jury, I must tell you that- you will consider every count separately, in the same manner as though you were considering seven different indictments. Some of these counts may be found to be bad in law. I am going to allow a reserve case on matters of appeal for consideration before the court of appeal. I had hoped that the matter of the suflBciency of the counts would have been considered, but counsel for the defense decided other- wise — quite within his rights. You will please be careful to give your verdict on each count — guilty or not guilty. On each count you will find the accused guilty or not guilty. Or you may disagree. If a reasonable doubt exists, you should give the prisoner the benfilt of the doubt. You occupy a high judicial position ; you have a solemn judicial function to perform. If you find after due consideration of the case that the accused meant no harm to the country, you should find him not guilty. If you find him guilty, you may recommend him to mercy ; and if you feel that you are justified in making such a recom- mendation, it will have due influence in this court. " Gentlemen, you may retire and consider your verdict." Saturday, Decembee 27, 1919. Verdict returned was "Guilty." Sentence, two years to Stoney Mountain. We produce here below Bob Russell's address to the court, which was made when Judge Metcalf asked If he had anything to say : " Your Lordship, I have very little to say. Throughout my trial I have lis- tened almost religiously to the proceedings of this court, and I feel that the court has not grasped the real cause of my activities in the trade-union move- ment. I have been unduly honored in being named a ' leader ' In a movement where there are no leaders, but only mouthpieces. I carried out my instruc- tions from the rank and file in the movement as a paid servant to the best of my ability, and I feel that if the court had permitted me to demonstrate mv real Intent during the strike I could have convinced everyone that it was free from anything criminal. I am a married man with a family and therefore can feel as a father. I do not understand the law, and still less the procedure of the court. I feel that if the court had grasped the true conception of the trades-union movement, in which there are no leaders, but only individuals actmg for the rank and file, it would have been realized that I only fulfilled those duties. I do not think I can say any more. I leave it to the court as t.» what becomes of me this time." SEDITION. 243 That order in council in Canada providing against sedition was made during the war. Congress placed extraordinary powers in all the branches of the Government for war-time purposes. We are now entering upon jjeace times. This is supposed to be a peace- time piece of legislation. One of the greatest difficulties with which we have had to con- tend is the construction placed by the courts upon the purposes of a strike. No matter what the real purposes are — whether they are for protesting against reduction in wages; deterioration in condi- tions; for a higher standard of living; for the removal of griev- ances; for a shoter work day — ^the courts have interpreted such movements as not having for their purpose the improvement of the condition of the men engaged in such movement; but having for their purpose to undermine and overthrow and destroy the Govern- ment. Should the courts be clothed with the further authority of such a law as is proposed here, no one knows where it will end. I said something about the lessons of the experiences of other peoples. We know of the existence of the great Republic of Rome; we know of its progress in industry, in commerce, in art, and the sciences; and we know, too, that it went into decay. But there are very few who have given thought to the real causes that brought about the decay, the disintegration, the downfall, of the Roman Republic. The beginning of the fall, or rather the beginning of the decay, of the Roman Republic was that the right of free assemblage was abrogated and denied. At that time it was not necessary for them to have any inhibition against free press, because there was no such things as a press. But free speech, free assemblage, where the people were gathered ; where public questions were discussed ; where the officials of govern- ment were criticized and attacked, if you please — that was taken away, and there was no opportunity for public discussion among the people of the reforms and changes that they desired. They were alienated in their affections and their loyalty, and no wonder they became disintegrated and fell before a small horde of invaders and conquerors. The Constitution of the United States, as its first amendment, con- tains the provision guaranteeing the right of free assemblage, of free speech, and a free press. That was the first amendment adopted to the Constitution. It had something for its purpose. It was not put there as a mere plaything, by a mere whim. ■ Russia, in its palmiest days of czardom, did not guarantee free speech, free assemblage, or a free press to sound the paeans of the Czar, or of the Government as it was constituted ; anyone could sing the national anthem, anyone could sing the praises of the Czar and the dynasty. No constitutional guaranty for the right of free speech, a free press, and free assemblage, was necessary for Russia in those times ; and there is no necessity for. the first constitutional amend- ment guaranteeing the right of free speech, a free press, and free as- semblage, to sound the praises of the Government of the United States, or to sing our national anthem. There is no need for any guaranty to do those things. 244 SEDITION. The guaranty in the Constitution of the United States of free speech, a free press, and frde assemblage, is for the guaranteeing of (he right of the people to say, the ugly things, the things which dis- please; the things which they have in their minds to criticize the Government of the United Statfes, or to find fault with it; to make suggestions, to air themselves. It is the safety valve for every gov- ernmental machine constituted here or elsewhere. There is a proviso in the bill to make the Postmaster General the Paul Pry to pry into letters that he, or his agents^ may suspect to con- tain something of a suspicious character. This is espionage upon the people of the United States, and is going further than at any time, even during the war. All these attempts make the life of the peo- ple irksome, irritable, and resentful. I have participated in move- ments among the people of the United States, of sympathetic sup- port, for the revolution of Russia. I am proud of what little help I have been able io give to that cause, but utterly regretful of the course it has taken and into which it has degeneraJted. But our main attacks upon czardom, in part, and Prussianism, in part, were against the exercise of those functions that are pro- vided for in this bill. In one of the provisions of this bill there is a statement that any one who shall be at an assemblage where there is discussed some of the things inhibited, who does not leave, shall be recognized as in part an aider and abettor to the doing and the saving of the things at that assemblage which are declared by the bill to be unlawful. I am reminded of the fact that about three years ago the Presi- dent of the Mexican Republic, Mr. Carranza, issued an edict in which strikes were made treason, and in which it was provided that anyone who advocated a strike was guilty of treason and punish- able, upon being found guilty by court-martial, by being shot to death. Any person who should be at a meetinsr where such a strike was being discussed, and who did not leave the hall at once, was . equally guilty with those who were' holding the meeting in further- ance of the strike, and it was provided that he should be tried and, if found guilty, shot to death. In section 9 there is a provision that anyone who attends a meet- ing where some unlawful thing is advocated shall also be judged guilty. Section 9 provides : That any association, gathering, assembly, society, or corporation which seeks, directly or indirectly, by iorce or violence, or by injury to or destruction of human beings, or public or private property, to bring about a change in the Coiistitution or laws or authority of the Government of the United States, or any State thereof, or of all forms of organized government, or which teaches' advises, proposes, threatens,' or defends the unlawful use of force or violence in any form to bring about any such result, or which attempts to prosecute or pursue such purpose, is hereby declared to be unlawful. It says, "Any assembly, or society, or corporation" and would apply to any bystanders. Even there it is not a question of physica,! force; it may be moral force. The word " gathering" embraces all those who are present at the meeting; that is the "gathering'' They would be guilty of an unlawful act by being at that meeting Section 10 of the bill provides : ^' That no person shall act as an officer of any such unlawful association nr knowing the object, purpose, teaching, or doctrine of sucli unlawful assocla- SEDITION. 245 tion, become a member thereof or become affiliated therewith, or contribute any money or other thing of vahie thereto or to any one for its use, or rent any room, building, or place for the use of said unlawful association, or permit the occupation by such unlawful association or any committee or branch thereof of any room, building, or other place under his ownership or control. The right of every citizen of the United States to advocate, by speech or by the press, changes in the laws, or in the Constitution, or in the form of government, should be granted to him unques- tionably. I am just as much opposed to anyone attempting to accomplish that result by machine guns, or even by a bow and arrow, or a club as is any other citizen of the United States; I have done my share to help put down any such concept. But I hold that it is the right of every^ citizen of the United States to use all the moral force, moral suasion, that he can to induce his fellow citizen to think as he does; and if he fails, he fails; and every man has the right to oppose him. The question is of physical force, or by indirection, or leaving it open to interpretation — that " force " may be construed to mean formal force, or circumstances which result from that moral force — persuasion. There is not a strike which will not, for the time being, do some injury to property; that is,;to property rights; it impairs it; it im- pairs its earning capacity ; tlie withholding of labor power involves loss and injury to the employer during the period of the stoppage of the work; whether that be a lockout or a strike, anyone engaged in such a movement would come under the provisions of the bill as no\v drawn. The whole piece of legislation is entirely unnecessary and entirely superfluous and would react and injure the very concept of the Re- public, of the United States which has been regarded as the home of freedom and the home of the brave. We have idealized that and do idealize it, so much so that we look askance and with apprehen- sion to the enactihent of this character of legislation. There are now on the statute books of the United States all the. laws which are necessary for the protection of our country, t would like to submit section 4 of the Criminal Code which is now the law of our country : Whoever incites, sets on foot, effects, or engages in any rebellion or insur- rection agallist the authority of the United States, or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than 10 years, or fined not more, than $10,000. That is a section of the Penal Code of the United States. Now, what else do we want? What laws do we need? Is there nothing inherent in our form of Government that appeals to the conscience, to the idealism, that appeals to the patriotism of Americans, that would come to its assistance and its defense against any and all of its enemies? I am not a lawyer; but I do know this, that under the powers granted to our Grovernment by Congress, accepted by' the people of the United States, and sympathetically indorsed and maintained, there are laws upon the statute books of the United States, including the provision which I have just read, which are ample to protect our country from even that class of people from whom there has developed this hystei'ia of more and more laws restricting and 246 SEDITIOH". limiting and construing the activities, the normal activities, of the people of the United States. If the word " physical " should be placed in front of " force " in section 9 it still would be unsatisfactory. The constructions which have been placed by the courts upon strikes would make me oppose not only that provision but the whole piece of legislation and the purpose of the legislation. There is now a law upon the statute books of the United States to protect it against any species of activity which contains physical force or physical violence. A free government has no right, in my judgment, to deny the right of citizens to the exercise of their normal activities for the purpose of procuring changes. The legislation in itself — the bill, the purpose of -the bill — -musi; be considered- Strikes do, without the slightest act of physical force, without the slightest, vio- lence, inflict injury upon property. I am opposed to any additional legislation along this line, regardless of whether the Department of Justice says i't is necessary or not. And, though I am not in charge of the administration of the laws of the United States, yet I have some understanding of the situation in our country, and I have every reason to know that much of this agitation is due to hysteria, and to nothing else. During the war there was a whole-hearted support of the Govern- ment, practically on the part of all the people ; and no one more so than the men and women of labor, and particularly the men in the organized labor movement. We were all keyed up to a very high pitch with the strain of it all. And power was conferred upon the Government as at no other time in our history. Before the war and during the war our people were practically 100 per cent loyal and patriotic. We fought against imperialism ; we fought against autoc- racy ; we fought against militarism. After it is all over and we won a, glorious victory, we now, at the close of the war — ^that is, with the war practically closed, if not legally and technically — ^noT? with the war practically closed, during peace times and for peace times, it is proposed to enact and place upon the statute books of our country laws that would place our country in the position of being practically upon the same plane as those forces against which we were contend- ing in the war in which so many sacrifices were made. This is not in the order of freedom ; it is against freedom. It is not going to stifle discontent ; it will increase it. It will make pro- testants against injustice and unfreedom. It will create a feeling among the people of our country, the full course of which no one can foresee. Reverting back not alone to the great injury to the great mass of tha people but speaking directly in the name of the peo^e whom I have the honor to represent — ^the working people — it is the 'worst injury and wrong that can be attempted, to limit their activities so that a construction can and will, in my judgment, be placed upon the nor- mal activities for a better life and better conditions so that those activities will come under the prohibitions and penal clause of this bill. I do not know whether I have the right to present to this com- mittee a few matters, briefly, in regard to my own activities and the activities of my associates in the labor movement of America, show- ing the character of our work. I do not want, even by indirection SEDITION. 247 to question the right of any Member of Congress, in either House, to criticize me, to criticize our movement, to attack me or my motives or anything else. But I can not rest silent under a charge of lack of patriotism or loyalty to my country. I may say to you, gentlemen, that nearly a month before the Presi- dent of the United States appeared before the Congress in joint ses- sion to place the indictment against the imperial Government of Germany I suggested to my associates of the executive council of the American Federation of Labor the calling of a meeting at Wash^ ington for the purpose of there formulating the attitude which labor and the representatives of labor would take if we werfe drawn into the war. My associates approved of that course, and the conference was called. It was held on March 12, 1917, in Washington ; at that time the representatives of the organized workers of America met in con- ference and drew up a declaration, which is as follows: AMEMCAlN LABOB'S POSITION IN PEACE OR IN WAR. Washington, D. C, March IS, 1917. A conference of the representatives of the national and international trade- unions of America, called by the executive council of the American Federation of Labor, was held In the American Federation of Labor Building, March 12, 1917, in which conference the representatives of affiliated national and inter- national trade-unions and the railroad brotherhoods participated. The executive council of the American Federation of Labor had the subject matter for three days under advisement prior to the conference and submitted a declaration to the conference. The entire day was given over to a discussion of the recommendation and such suggestions as were submitted. After a thor- ough discussion the following document was adopted by a unanimous vote : We speak for millions of Americans. We are not a sect. We are not a party. We represent the organizations held together by the pressure of our common needs. We represent the part of the Nation closest to. the fundamentals of life. Those we represent wield the Nation's tools and grapple with the forces that are brought under control in our material civilization. The power and use of industrial tools is greater than the tools of war and will in time supersede agencies of destruction. A World War is on. The time has not yet come when war has been abolished. Whether we approve it or not, we must recognize that war is a situation with which me must reckon. The present European war, involving as it does the majority of civilized nations and affecting' the industry and commerce of the whole world, threatens at any moment to draw all countries, Including our own. Into the conflict. Our immediate problem, then, is to bring to bear upon war conditions instructive forethought, vision, principles of human welfare and conservation that should direct our course in every eventuality of life. The way to avert war is to establish constructive agencies for justice in times of peace and thus control for peace situations and forces that might otherwise result in war. The methods of modern warfare, its new tactics, its vast organization, both military and industrial, present problems vastly different from those of pre- vious wars. But the Nation's problems afford an opportunity for the establish- ment of new freedom and wider opportunities for all the people. Modern war- fare includes contests between workshops, factories, the land, financial and tj-ansportation resources of the countries involved; and necessarily applies to the relations between employers and employees, and as our own country now faces an impending peril, it is fitting that the masses of the people of the United States should take counsel and determine what course they shall pursue should a crisis arise necessitating the protection of our Republic and defense of the ideals for which it stands. . , . ., „ In the struggle between the forces of democracy and special privilege, for iust and historic reasons the masses of the people necessarily represent the ideals and the institutions of democracy. There is in organized society one 248 SEDITION. potential organization whose purpose Is to further these ideals and Institu- tions — the organized labor movement. In no previous war has the organized labor movement taken a directing part. Labor has now reached an understanding of its rights, of its power and re- sources, of its value and contributions to society, and must make definite con- structive proposals. It is timely that we frankly present experiences and conditions which in former times have prevented nations from benefiting by the voluntary, whole- hearted cooperation of wage earners In war time, and then make suggestions liow these hindrances to our national strength and vigor can be removed. War has never put a stop to the necessity for struggle to establish and main- tain industrial rights. Wage earners in war times must as has been said, keep one eye on the exploiters at home and the other upon the enemy threaten- ing the national Government. Such exploitation made it impossible for a warring nation to mobilize effectively its full strength for outward defense. We maintain that it is the fundamental step in preparedness for the Nation to set its own house in order and to establish at home justice in relations between men. Previous wars, for whatever purpose waged, developed new opportunities for exploitin'g wage earners. Not only was there failure to recog- nize the necessity for protecting rights of workers that they might give that wholehearted service to the country that can come only when every citizen enjoys rights, freedom, and opportunity, but under guise of national necessity, labor was stripped of its means of defense against enemies at home and was robbed of the advantages, the protections, the guarantees of justice that had been achieved after ages of struggle. For these reasons workers have felt rhat no matter what the result of war, as wage earners they generally lost. In previous times labor had no representatives, in^the councils authorized to deal with the conduct of war. The rights, interests, and welfare of workers were autocratically sacrificed for the slogan of " national safety." The European war has demonstrated -the dependence of the Governments upon the cooperation of the masses of the people. Since the masses perform indispensable service, it follows that they should have a voice in determining the conditions upon which they give service. The workers of America make known their beliefs, their demands, and their purposes through a voluntary agency which they have established — the organ- ized labor movement. TUis agency is not only the representative of those who directly constitute it, but it is the representative of all those persons who have common problems and purposes but who have not yet organized for their achievement. Whether in peace or in war the organized labor movement seeks to make all else subordinate to human welfare and human opportunity. The labor move- ment stands as the defender of this principle and undertakes to protect the wealth producers against the exorbitant greed of special interests, against profiteering^ against exploitation, against the detestable mehods of irresponsi- ble greed, against the inhumanity and crime of heartless corporations and employers. Labor demands the right in war times to be the recognized defender of wage earners against the same forces which in former wars have made national necessity an excuse for more ruthless method. As the representatives of the wage earners we assert that conditions of work and pay in Government employment and in all occupations should conform to principles of human welfare and justice. A nation can not make an effective defense against an outside danger if groups of its citizens are asked to take part in a war though smarting with a sense of keen Injustice inflicted by the Government they are expected to and will defend. The cornerstone of national defense is justice in fundamental relations of life — economic justice. The one agency which accomplishes this for the workers is the organized labjjB movement. The greatest step that can be made for national defense is tiot to bind and throttle the organized labor movement but to afford its greatest scope and opportunity for voluntary effective cooperation in spirit and In action. '^ During the long period in which it has been establishing itself, the labor movement has become a dynamic force in organizing the human side of in- dustry and commerce. It is a great social factor, which must be recognized in all plans which affect wage earners. SEDITION. 249 £r„^7Pd^^.'h?^.'J.°'"^ *°1 P^'''^^ """ '^*^'" "'•* Government must recognize the or- ITge earners. "°^^'""^'^* "« ^^« «^ency through which it must cooperate with .- J^f'^+K*'"^- ^""*'"'^*' *® ^''^ '■'^''t °* those living within our country. With this s^fv cf f;deLnse°o;%'h^ obligation. In war time obligation takes the form o? bervice m aerense of the Republic against enemies. pnm,nv^«l"nf-ti''i^* *^'f- service may be either military or Industrial, both ^-rf IL r? * '^^ ^°l national defense. We hold this to be incontrovertible that the Government which demands that men and women give their labor fnTi!!'-^^®"' 'i'^il^,' "'■ l^^'"" ""^'s ^° "s ^''•■^ice should also demand the service, toil-^pro erT " human beings, of all wealth and the products of human ^ We hold that if workers may be asked in time of national peril or emergency to give more exhausting service than the principles of human welfare warrant, that service should be asked only when accompanied by increased guaranties and safeguards, and when the profits which the employer shall secure from the Uidustry in which they are engaged have been limited to fixed percentages. We declare that such determination of profits should be based on costs of processes actually needed for product. Workers have no delusions regarding the policy which property owners and exploiting employers pursue in peace or in war, and thev also recognize tha£ wrapped up with the safety of this Repiiblic are ideals of democracy, a heritage jyhich the masses of the people received from our forefathers, who fought that liberty might live in this country— a heritage that is to be maintained and handed down to each generation with undiminished power and usefulness. The labor movement recognizes the value of freedom and it knows that free- dom and rights can be maintained only by those willing to assert their claims and to defend their rights. The American labor movement has always op- posed unnecessary conflicts and all wars for aggrandizement, exploitation, and enslavement, and yet it has done its part in the world's revolutions, in the struggles to establish greater freedom, democratic institutions, and ideals of human justice. Our labor movement distrusts and protests against militarism, because it knows that militarism represents privilege and is the tool of special interests, exploiters, and despots. But while it opposes militarism, it holds that it is the duty of a nation to defend itself against injustice and invasion. The menace flf militarism arises through isolating the defensive functions of the State from civic activities and from creating military agencies out of touch with masses of the people. Isolation; is subversive to democracy — it harbors and nutures the germs of arbitrary power. The labor movement demands that a clear differentiation be made against military service for the Nation and police duty, and that military service should be carefully distinguished from service in industrial disputes. We hold that industrial service shall be deemed equally meritorious as mili- tary sei-vlce. Organization for industrial and commercial service is upon a different basis from military service— the civic ideals still dominate. This should be recognized in mobilizing for this purpose. The same voluntary in- stitutions that organized industrial, commercial, and transportation workers in times of peace will best take care of the same problems in time of war. It is fundamental, therefore, that the Government cooperate with the Ameri- can organized labor movement for this purpose. Service in Government fac- tories and private establishments, in transportation agencies, all should con- form to trade-union standards. The guaranties of human conservation should be recognized in war as well as in peace. Wherever changes in the organization of industry are necessary upon a war basis, they should be made in accord with plans agreed upon by representatives of the Government and those engaged and employed in the industry. We recognize that in war, in certain employments requiring high skill, it is necessary to retain in industrial service the workers specially fitted therefor. In any eventuality when women may be employed, we insist that equal pay for equal work shall prevail without regard to sex. Finally, in order to safeguard all the interests of the wage earners organized labor should have representation on all agencies determining and administer- ing policies for national defense. It is particularly important that organized labor should have representatives on all boards authorized to control publicity during war times. The workers have suffered much injustice in war times 250 SEDITION. by limitations upon their right to speak freely and to secure publicity for their just gi-ievances. Organized labor has earned the right to make these demands. It is the agency that in all countries stands for human rights and is the defender of the welfare and interests of the masses of the people. It is an agency that has international recognition which is not seeking to rob, exploit, or corrupt foreign Governments, but instead seeks to maintain human rights and inter- ests the world over; nor does it have to dispel suspicion nor prove its motives either at home or abroad. Th6 present war discloses the struggle between the institutions of democ- racy and those of autocracy. As a Nation we should profit from the expe- riences of other nations. Democracy can not be established by patches upon an autocratic system. The foundations of civilized intercourse between indi- viduals must be organized upon principles of democracy and scientific principles of human welfare. Then a national structure can be perfected in harmony with humanitarian idealism — a structure that will stand the tests of the necessities of peace or war. We, the officers of the national and international trade-unions of America, in national conference assembled in the Capital of our Nation, hereby pledge our- selves in peace or in war, in stress or in storm, to stand unreservedly by the standards of liberty and the safety and preservation of the institutions and ideals of our Bepubllc. In this solemn hour of our Nation's life, it is our earnest hope that our Republic may be safeguarded in its unswerving desire for peace; that our people may be spared the horrors and the burdens of war ; that they may have the opportunity to cultivate and develop the arts of peace, human brotherhood, and a higher civilization. But, despite all our endeavors and hopes, should our country be drawn into the maelstrom of the European confilct, we, with these ideals of liberty and justice herein declared as the indispensable basis for national policies, ofEer our services to our country in every field of activity to defend, safeguard, and pre- serve the Republic of the United States of America against its enemies, whom- soever they may be, and we call upon our fellow workers and fellow citizens in the holy name of labor, justice, freedom, and humanity to devotedly and patriotically give like service. That declaration was adopted by unanimous vote; and, better than all, the workers of America made good on that declaration of loyalty and faith. During the early part of 1918 there was held in London a meeting of the representatives of labor of the allied countries. We were in- vited, but we could not go. At that conference, in February, 1918, that body declared for a negotiated peace and demanded from their respective Governments that negotiations with the Central Powers should be begun forthwith. In September of that year another conference was held, represent- ing the same bodies and almost of the same personnel — except this, that the American Federation of Labor was represented at that con- ference. That conference adopted a declaration that the forces of the Central Powers must be met and defeated, until they were driven from the lands they had invaded and occupied and until they should refuse to give obedience to the autocracies of their Governments. During the period of 1917 and 1918, and also just before we en- tered into the war, there were two distinctive movements on foot for the purpose of preventing our country from entering into or prose- cuting the war. There was no agency in all America so potent to defeat and destroy those two movements as the American Federation of Labor. I had the honor of playing some part in that activity— a4; many of the camps, preaching the doctrine of Americanism and pa- triotism and determination to carry the war to a victorious end; speaking in public; speaking at meetings for the Liberty loans and SEDITION. 251 ior the war savings; urging men to comply with requests to sub- scribe to the bond issues and to buy the war-savings stamps and thrift stamps; contributing to the measure of my financial ability to all of it; going over to Europe; being chosen by the President and the' American commissioners to negotiate peace as one of the commis- sioners on the part of the United States on the International Labor Commission, which sat for about seven weeks; devising the labor convention now adopted by the plenary council and mad® a part of the treaty of Versailles ; receiving the express thanks of the commis- sioners; and, at the completion of the work, having the President of the United States declare at the plenary council his approval of that document and to express his regret that I could not be present in order to voice the sentiments of the workingmen of America as it had been necessary for me to return to the United States before the completed work was presented to the council. I received a letter from the American Commission to Negotiate Peace, dated September 1, 1919, which I should like to read into the record. It is dated, Paris, September 1, 1919, and is signed by Kobert Lansing, Henry White, E. M. House, and Tasker H. Bliss, and reads as follows: American Commission to Negotiate Peace, Paris, September 1, 1919. Dear Mr. Gompers : With the completion of your work with the American Commission to Negotiate Peace, we, the commissioners, desire to extend to you, on behalf of the Government which we represent, as well as personally, our warm thanks for tl^e important services which you have rendered your country while on duty here. The task of making peace has been great and arduous, and our country is indebted to those who, like you, have rendered such valuable service to the Government. You take with you the sincere wishes of the commission for the future. Faithfully, yours, Robert Lansing. Henry White. E. M. House. J, 3 Tasker H. Biss. Hon. Samuel Gompers, American Federation of Labor, 'Washington, D. C. This is the first time that I have made public that letter. There are others which I have received, wMch are too numerous to take the time of the committee in referring to, or even mention- ing. But the services which I have tried to render to my country, at any time and all time, entitle me at least to be immune from a charge of disloyalty or failure in patriotic services to the country. I want to be of some value to my fellow beings. This country— I have said this and I want to repeat it here— fortunately, or un- fortunately, this is not the country of my birth. I was born in England, in 1850. I have been in the United States since I was 13 years of age, landing here on July 29, 1863>. I have lived in the United States longer than probably nine-tenths of the people m the United States. I became a citizen a few months after my eligibility began— and- 1 have kept the faith. To me America is something more than a name ; it is more than a country; it is more than a continent. I have said that to me it represents the apotheosis of all that is right and. good and ]ust. And in my life I have tried to be of service to my fellows and my 252 SEDITION. country; to render, not lip service, but real service, and to take the chance and the consequence of what service means. And, in spite of the fact of niy advanced years, I feel a virility and strength; and while I sometimes look back for guidance, I am a forward-looking man. I live for whatever may be in store for me in the years to come ; I look to the future to contribute my mite and my service, whatever it may be, to be helpful to my country and- to my people and to my fellows. >. And I am apprehensive of this species of legislation. It will fsJte thendealism out of the people of the United States; it willitake thfe' reverence out of the hearts and souls for the spirit of Ame&ica. Eeipression and suppression, all bring resentment in their wake; juste as surely as the law of gravitation has its repulsion, just' so surely comes the reaction against any attempt upon the natural, normal activities of a peO'ple. We want to spea,k of America in the terms of the Declaration of Independence. We want to speak and think of the spirit of the institutions as we do on the Fourth of July, our Independence Day, We want to speak of the Eepublic of the United States, and to think of it, in the terms of the fathers, and in the. higher and better spirit of to-day — the more humane spirit of the peoples of to-day and of the future. This legislation is not reconstruction; it is destruction. This is not going to suppress or kill oif discontent ; it will increase it. And whether that discontent is manifested one way' or another, it will be discontent; and if the open meeting, assemblage, and freedom of the people are curbed, the underground, the secret assemblage, with all that breeds from secrecy and darkness and the feeling of sup- pression and denial of right will surely follow. The proposed legis- lation does not accomplish, and can not accomplish, the desired result ; for the desired result is to stamp out the advocacy of change in the Government, in the forms, in the Constitution, in the method. Nothing is so contributary to a better understanding of the people of the United States, or of any country, of any cause, as pub- licity—open publicity. And, much as we are disturbed by any so- called radicalism, it is better that it should be, permitted and be counteracted by other influences that we can exert than that we should attempt to. throttle it. It will not be throttled. I think the American labor movement, and I as one of its repre- sentatives, have done more than any other grqup of people to oppose this very thing you are trying to meet, if you are trying to meet the real situation. We are opposed to it in principle. We are opposed to it in practice, and we are contending against it more effectually than any other known group of which I am aware. ^1 appeal m the name of labor— and not alone in the name of labor I appeal m the name of our country, and the real, true, liberty-lovine men and women of the United States, against the enactment of this species of legislation— not only the bill itself, but the species of legislation. You do not' meet the condition ; you do not overcome it • you simply provoke a greater discontent and a greater feelinff of dissatisfaction. b ^ I hope the comnaittee will not report the bill. America is too pure and ideal to have it defaled by such species of legislation. SEDITION. 253 As the attitude of the American Federation of Labor to bolshevism permit me to submit the following editorial published in the Ameri- can Federationist for February, 1920 : THE TETjTH ABOrT SOVIET RUSSIA AND BOLSHEVISM. Xo poKSsible opportunity for the creation of sentiment afvorable to the soviet idea is overlooked by the soviet propagandists in America. That the Russian Bolshevist government maintains in this country a continuous propaganda is no longer a secret. It Is to be doubted, however, whether the propaganda which emanates directly from the Bolshevist organization itself is more effective than the propaganda which is conducted by those who claim to be entirely detached from Russian influence and Russian pay rolls. It is doubtful whether those jiublications issued more or less directly by Russian Bolshevist agents have as great an effect in America as those publications which style themselves " lib- eral " and which like to be known as " journals of opinion," such as the Na- tion, the Dial, and the New Republic. In the same class with these are a num- ber of newspaper and magazine writers who have within the last two years become more or less well knowji as writers on the Bolshevist question. In all of these avenues of publicity there is what passes as an air of toler- ance under the guise of which, however, support of the Bolshevist experiment has been at least generous. The most recent plea of these " liberal " publications and individuals is for withholding all judgment on Russia; as was said in a recent editorial in one of the leading publications of this class, " we know nothing about Russia." It is set forth that our information concerning Russian affairs and Russian events is so incomplete as to make the passing of judgment unwise. The American people are told that since they do not know what is going on in Russia it is unfair and unwise to pass judgment. There is something about a plea of this character that to the superficial sounds plausible enough. Of course, it is intended that it should sound plausible. On the surface it has all the earmarks of a plea for caution and fair play in the interests of bal- anced judgment and justice. Not everyone, however, will be deceived by this surface appearance. It will be apparent at once to a great many that bolshe- vism is an Issue by itself and the merits or demerits of bolshevism as a system of government may be judged by Americans without reference to the facts as they concern conditions existing in Russia at the present moment. It was not necessary for Americans to know at all times just what were the exact conditions in Germany before passing judgment on the form of govern- ment existing in Germany. It was necessary only to know what was the form of government and under what rules It operated. We do not have to wait for information about the form of government existing in what is called Soviet Russia. All the information necessary to the passing of judgment on bolshe- vism as a system of government and as a state £>f society is at hand from sources that are authentic. The plea of those misguided persons in America who say, " wait, for facts before passing judgment," is nothing more than an excuse which it is hoped will gain time for the Russian experiment and enable it to spread to other countries. It may be of interest to set down here some of the facts about Bolshevist Russia which have long been accessible to all America and which have long been known to all those who cared to have the information. The constitution adopted by the Fifth Pan-Russian Congress abandons all claim to represent the people as a- whole and declares for "a dictatorship of the proletariat and the poorest peasantry." The largest Bolshevist estimate of the numbers of the proletariat calculates them as being only one-fifth of the number of peasants. The manner in which a great portion of the peasantry is disfranchised will be seen in the following extract from the new constitution (see sec. 8, art. 1) : "The Pan-Russian Congress of Soviets consists of representatives of the urban Soviets (one delegate for each 25,(XK) voters) and representatives of the provincial congresses (one delegate for each i25,(XK) voters)." By this method democracy is repudiated in the practice of soviet government. Lenin's own antipathy to democracy is found more clearly stated in his denunciation of. the Mensheviki, which is the rival faction of the Social Demo- cratic Party : 254 SBDITIOS". " In its class composition this party Is not socialist at all. It doesn't repre- sent the laboring masses ; it represents fairly prosperous peasants and working- men, petty traders, and many smalt and some even fairly large capitalists, and a certain number of real but gullible proletarians who have been caught in the- bourgeoisie net." It will be seen here that even a " fairly prosperous " workingman is not a proletarian and as an individual is to be looked upon with more or less of scorn. Karl Radek, high in the councils of bolshevism, stated in an Interview given in Berlin to a correspondent of the New Tork Globe that " the claim made by some of our people that the majority of the Russian people favor the- soviet government is not true. The peasants are against the soviet govern- ment." It is; fair to say that the peasants constitute some 85 per cent of the Russian- people. Bolshevist statistics show how small is the Bolshevist minority which gov- erns the Soviets under the rule of absolutism in the name of -the proletariat while truly representing neither the rural nor urban masses. These statistics show that the Bolshevist minority does not even represent the masses of the factory workers in Moscow, the stronghold. The following figures are from the Bolshevist publication, Communar, of May 17, 1919 : " The Sytin printing works employs 1,600 persons. In the communist nucleus there arc 10 communists and 60 sympathizers. After the meeting at which an anti-Kolchak resolution was defeated, a ' vindication committee ' was elected to explain in the press the true attitude of the shop : The workers of the shop are against Kolchak, but they would not adopt the resolution because it came from the BoLsheviki. " Postavschlk employs 2,660 workmen. The nucleus has 36 communists and 10 sympathizers. Of these there are only eight persons in the place and no- party work is therefore conducted. The shop committee consists, of communists. Literature is well distributed, 700 copies of newspapers and from 15 to 200- copies 01' magazines. " Here we see that even the immense soviet subsidies for propaganda are futile — in spite of the fact that the workers are advanced socialists, shut off from the outside world and without an independent press. It will be noted that in most of these factories the economic dependence of the workers on the Soviets for jobs, bread tickets, and factory subsidies: — to say nothing of terrorism— has led to Bolshevist committees or shop officials. " Bromley, 1,200 workers employed. The group consist of 10 communists and l5 sympathizers. The group meets every week. The factory committee is communist. The general state of mind is improving. " Einem — Employs 1,400 workers, 850 of whom are women. The nucleus has •40 communists and 8 sympathizers. Their influence in the factory is little. The presiding officers of the shop committee are communists. Lectures are ar- ranged occasionally. Newspapers are well distributed.- " Oentrosoyuz — ^900 working women are employed. The nucleus has 25 com- munists and 4 sympathizers. The women are very backward and party work among them is very difficult. " The Electric Station of 1886 — 1,300 workmen are employed. The com- munist group has 27 members. Party work is not being conducted. The gen- eral state of mind is calm. The shop committee is communist." This publication lists 16,000 workers in one part of Moscow and finds among these 687 Bolshevist party members and sympathizers. The one union mem- tioned in the district shows about one-half of its members in these two classes. Concerning the "chaotic, topsy-turvey " activities of the Soviets, Maxini Gorky, while editor of an independent Bolshevist paper in Russia and while himself a Bolshevist, declared : "The decrees of the government of people's commissioners are no more than' newspaper feuilletons. no more, no less. It is that sort of literature which is written on water, and even though a real idea is now and then given expres- sion to, the present circumstances forbid the realization of any idea " Lenin possesses all the qualities of a ' chief,' including the absolute moral indlfEerence which is often necessary to such a part. This people has already paid for Lenin's ' experience ' with thousands and thousands of lives It will still cost tens of thousands more. But this atrocious tragedy never makes Lenin hesitate, for he is the slave of dogma, and his partisans are his slaves SEDITION. 255 The working classes are to Lenin what minerals are to the metallurgist. Can a Socialist-Nationalist state be made of this mineral? Indeed, no; and Lenin doubts it. But why not try? What does Lenin risk If the attempt does not come off? Nothing much." Concerning those things for which bolshevism stands and the Bolshevist methods of obtaining power and of furthering the cause of bolshevism through- out the world, there is ample documentary evidence. Bruce Lockhart, whose competency is testified to by Raymond Robins, and who was- in Russia at the same time as an unofficial English representative pei-sona grata to the 3olsli^vist ruling powers, had this to say : "The avowed ambition of Lenin is to create civil warfare throughout Europe. Every speech of Lenin's is a denunciation of constitutional methods, and a glorification of the doctrine of physical force. With that object in view he is destroying systematically both by execution and by deliberate starvation every form of opposition to bolsheylsm. This system of ' terror ' is aimed chiefly at the. Liberals and non-Bolshevist Socialists whom Lenin regards as his most dangerous opponents." Oscar Tokoi, first constitutionally elected prime minister of Finland, who spent several months in Russia as a pro-Bolshevist, set down this verdict: " In comparison with the entire population, only a small minority supports the government, and, what is worse, to the supporters of the government are rallying all the hooligans, robbers, and others to whom ' this period of con- fusion promises a good chance of individual action. " Even a great part of those who from the beginning could stay with the government and who still are' sincere social democrats, having seen all this chaos, begin to step aside or to ally themselves with those openly opposing the government. Naturally, as time goes by there remains only the worst and the most demoralized elements. Terror, arbitrary rule, and open brigandage be- come more and more usual, and the government is not able to prevent it. " Naturally, only a small part of the people will remain backing such an order." The world-wide revolutionary aims of the Bolsheviki are clearly indicated in last year's May day proclamation of the communist international in which appeared this phrase : " Long live civil war ; the only just war in which the oppressed class fights its oppressors." A more recent proclamation contained the following declaration : " Conquest of the political power means not merely a change in personnel, but annihilation of the enemies' apparatus of the government. The revolution- ary era compels the proletariat to make use of the means of battle which will concentrate its entire energies, namely, mass action with its logical resultant direct conflict with the government machinery in open combat." The "mass terror" tactics of the Bolshevist rulers is characterized in numerous Bolshevist orders which have been published and of which the following official order of the commandant of the fortified district of Petrograd quoted from Izevestia of August 16, 1919, is a fair example : " I warn all that in the event of repeated cases of arson, I will not hesitate to adopt extreme measures, including the shooting of the bourgeoisie hostages, in view of the fact that all the White Guard's plots directed against the prole- tarian state must be regarded not as the crime of individuals but as the offense of the entire enemy class. " Signed : Acting commandant of the fortified district of Petrograd. " B. KOZLOVSKY." The following official soviet telegram, dated September 2, 1918, justifies mass terror as a reprisal, but also refers to the fact that it had been previously "Notwithstanding frequent pronouncements urging mass terror against the socialist revolutionaries. White Guards, and bourgeoisie, no real terror exists. Such a situation should decidedly be stopped. End should be put to weak- ness and softness. All right socialist revolutionaries known to local Soviets should be arrested immediately. Numerous hostages should be taken from the bourgeoisie and other classes. At the slightest attempt to resist or ^the slightest movement among the White Guards, mass shooting should be applied at once. Initiative in this matter rests especially with the local executive committees." 256 SEDITIOM". Terrorism is. not denied by tlie Bolslievild. Soviet Russia, published in New, York City, as an organ of " Ambassador " Martens makes the plain fleclara- tion that if the policy of the entente is not changed there may follow " total extermination of the Russian bourgeoisie by the exasperated masses." Concerning the reasons for adoption of terrorist methods, Radek has said: " I am one who does not deny that there has been terror in Russia. The Government had to adopt drastic measures to keep the hungry, disgruntled, war-weary millions in leash." Lenin himself does not always excuse his civil war as a defensive proposi- tion. In his address to American workingmen, the text of which is declared genuine by Martens, Lenin said : " In reality the class struggle in revolutionary times has always inevitably taken on the form of a civil war, and civil war is unthinkable vnthout the worst kind of destruction, without terror and limitations on the form of democracy in the interest of war. One must be a sicl£ly sentimentalist not to be able to see, to understand and appreciate this necessity. " The class struggle is permanent. We are living in revolutionary times. In order to fight the class struggle effectively in such times, in order to get power and keep it, civil war, terrorism, etc., are necessary. Here is the whole doctrine." Karly in Lenin's civil war Gorky wrote: " The revolutionary army garrison at Sebastopol has already undertaken the last final struggle with the bourgeoisie. Without much ado they decided simply to massacre all the bourgeoisie who lived within their ;;each. They decided and did it. At first they massacred the inhabitants of the two inost bourgeoisie streets In Sebastopol; then the same operation, in spite of the re- sistance of the local soviet, was extended to Simfei-opol, and then came the turn of Eupatoria. " Apparently similar radical methods of class war will soon be applied to greater Russia. " In Russia conscience is dead. The Russian people, in fact, have lost all sense of right and wrong. ' Pilage whatever there is to pilage.' Such is the motto of the two groups of Bolsheviki. The Red Guards, constituted to attack the counter revolutionaries, shoot without trial anyone whom they suspect. Pillage in all its forms is the only thing which is organized. In Petrograd every bolshevist citizen may share in the spoil." This was written by Gorky early in 1918. This date should be borne in mind upon reading the remainder of Gorky's statement which follows : " For the period of revolution 10,000 lynchings have already been accounted for. This is how democracy is meting out judgment upon those who have in some way sinned against the new order., " During the days of the progress of drunkenness human beings were shot down like dogs and the cold-blooded destruction of human lives came to be a common-place dally occurrence. In the newspaper Pravda the programs of the drunken mobs are written up as the 'provocative acts of the bourgeoisie,' which is clearly a misrepresentation ; the employment of a petty phrase which can only lead to the further shedding of blood." The Moscow wireless New Year's message for 1920 was : " In 1920 we shall attain a victorious end of civil war. Siberia, the Ukraine, the Don region, and the Caucasus desire Soviets. There will also be Soviets at Berlin, Washington, Paris, and London. Soviet authority will be supreme throughout the world." Die Freiheit, the Berlin organ of the Independent Social Democrats, a revo- lutionary organ which has been most friendly to the Bolsheviki, says: " Purity of principles is for Russia only an article for exportation. Always seeking to introduce anarchy and disorder in the world, Lenin to-day finds his road to Damascus, for he is making a fresh appeal to capitalist forms in order to reestablish the general economy of the counti-y. The dictatorsliip of the proletariat is reducing itself to the dictatorship of a lew Communist leaders. The councils' system is broken up, for the workers have no longer any influence in the factories. The agrarian program of the Communists is a complete fiasco." An Interesting point which it is well to recall is the total lack of moral sense on the part of the Bolsheviki, using the term " moral sense " as it is understood in the civilized world. Zinovlew, president of the Petrograd Soviet, discussing the Prinkopo Island proposal February 2, 1919, said: SEDITION. 257 "We are willing to sign unfavorable peace with the Allies. It would only iiiean that we should put no trust whatever In the bit of paper we would sign. We should use the breathing space so obtained in order to gather our strength m order that the mere continued existence of our government would lieep up the world-wide propaganda which soviet Russia has been carrying on for more than a year." A wireless dispatch from Moscow dated December 11, 1919, quotes Lenin as follows : " In a mass, they (the well-to-do peasants) are on the side of the capitalists and are not content with the revolution that has taken place. It will be neces- sary to wage a long strug:gle yet against this group. The mass of the middle peasantry stand among those who have exploited others. Here is our most difficult taslj. " ' For the present there is no choice,' Lenin concludes, we must assist the workers or the least hesitation will give victory into the hands of the land- owners and capitalists." The economic condition in internal Russia at the present time has absolutely nothing to do. with the merits or demerits of the Bolshevist philosophy of government. The Russian economic situation should have not the slightest influence in determining the judgment of any person on the question of Bolshevism as a philosophy of government and of social organization. If the Russian economic organization were perfect and were functioning regularly with Prussian effi- ciency it would not add one iota to the weight of proof in favor of Bolshevism and should not be considered as having any bearing upon the question. The facts concerning the economic organization of Russia, however, do not show such a state of perfection but show a state of affairs decidedly the con- trary. It may be of interest to quote one or two Bolshevist authorities on this phase of the question merely by way of illumination. The Severnaya Communar No. 78 : ' " There is an unprecedented decline of productivity in mills and factories. We must combat this resolutely." The following statements, also highly illuminating, have been recently sub- mitted by responsible Russian trade-unionists to Mr. W. A. Appleton as presi- dent of the International Federation of Trade Unions, forwarded by him to the American Federation of Labor, and form the most recent direct information : Decembek 12, 1919. To W. A. Appleton, President International Federation of Trade Unions. Statement by the Workers' Delegation — Ijevski and Vodkinska factories : This delegation, which arrived at London on December 6, 1919, has by general consent of the workers of Ijevski and Vodkinska factories, and by the resolution passed at the sitting of the Ural's Trade Union on June 15 the fol- lowing mission to perform : To inform the citizens of England concerning the present condition of Rus- sia and the Russian working class. We come forward as nonparty representatives of workingmen, and we do not wish to involve ourselves in English party politics. We turn to you in the first place as the representatives of a nonparty labor organization, and ask you to give us your cooperation in the fulfillment of our mission. We have up to now given no interview to the English press. We wish to declare hereby that we are ready to answer all direct questions, both in meet- ings and. the press, and if necessary, to answer them before the bureau of the International Federation of Trade Unions at Amsterdam. In submitting this statement we appeal in the name of justice to interna- tional democracy. Ypovalov, President Vodkinska Union Metal Workers. Strumelov, Member of Directorate of Metal Workers' Union, Perm. Jandkemov, Vice President Federated Trade Unions of Urals. Menshekov, Member of Executive Committee, Ijevski Union of Organization. 160718—20 17 258 SEDITION. The following supplementary statement is made by the delegate from the Vodkmska workers : " The causes of the rising against the soviet rule by Ijevskl and Vodkinska peasant and workmen it is my wish to explain : " People reading and hearing the thunderous logic and blatant rhetoric of Lenin, Trotski, and their associates, but unfamilior with the actual state of affairs in Russia, are not in a position to understand it. They may think that the party which is fighting against soviet rule, as established by Lenin and Trotski, consists of the bourgeoisie and the old reactionary group. To emerge from this illusion, it is necessary to master the history of the situa- tion. It is necessary to listen to the voice of the real Kussia. "We recognize that Russia economically lags behind other nations; that Russian manufacturers are in their early stages of development ; . and from economic laws it is certain that where there are not manufactures there can be no working classes, consequently there can be no bourgeoisie. " In Russia, out of 180,000,000 inhabitants, 150,000,000 are peasants and about 20,000,0000 are workers. Then we hear the Bolshevists talk abput ' power for the peasants and workers.' But is that what they have brought about? No. The voice ©* real Russia proclaims to all the world the following story : " The Bolshevists established their power by bayonets and broke the strength of peasants and workers, broke the elected assembly, which was on the prin- ciple of universal, direct, equal, and secret voting — broke all the societies of a democratic nature, such as the Zempstvos, that self-governing body elected by universal, direct, and secret voting. The bolshevists, ruthlessly, like autocratic gendarmes, killed all labor, political and socialistic organizations, throttled the labor press, as, for instance, its organ of the Social Democrats and Social Re- publicans, and finally the bolshevists established by degree the dawn of their own Tsarist-Socialism. " Who split up the reserve funds of the trade-unions? The bolshevists. Who split up the trade-unions as a class? By whose orders were all strikes put down by force of arms and amid plentiful executions? It was the bolshevists who broke the workmen's cooperative societies and converted their shops into communal stores. The bolshevists promised the Russian people bread, peace, and freedom. "Actually, in place of peace they gave civil war, which destroyed all manu- facture and stained every side with blood ; In place of freedom, prison, exile, and the shooting party ; in place of bread, famine and the grave. So it was, that having drunk to the full the cup of humiliation and tasted this red-bayonet socialism, Ijevski and Vodkinska recognized that further life of this sort was impossible, and though without arms, ajid armed only with the armor of right, with only their blistered hands to fight with, united in spirit, to a man they rose against" the oppressors, and by virtue of their strength of will, snatched the rifles from the hands of the Red Guard and began the battle for citizens' rights and the freedom of the Russian people. "The readers asks why bolshevism holds out so long if the peasants and workers are fighting against it. This is the true answer : All the world knows that the bolshevists conclijded peace with Wilhelm, disarmed the Russian army and with the Germans began to shoot down the workers and peasants All the time their chief power has rested in Magyars, Chinese, Letts Czar's gendarmes, capital criminals, and communists. ' "All these dark forces, armed to the teeth, are driving under threat of death father against son, brother against brother, and the Russian people which bore the first brunt of the mailed fl^st of Teutonic junkerdom and in the first Dlace saved France and all Europe from destruction's bite, now bleeds in the strusele against it and looks to allied democracy all over the world in Its turn to save Russia. " YpovAiov." A supplementary statement by member for Ijevski factory follows ■ "We Ijevski and Vodkinska workers, who raised the standard and took arms against bolshevism, are anxious to give onr story to English workers and™o English newspapers. We wish to explain the reason which led to our revolt for we can not at pr^ent understand why part of the English press reglrds the Bolshevists as the friends of trade-unionism. We Russian workers hnvp fn,,^^ that the Bolshevists turned out enemies to trade-unlon^Ts S as t\e*^l'^? talists of the Czar's time We are ready to give you details of the horrors which we workers have lived through under the regime of their despotic sway We SEDITIOK. 259 will give, you the story of the decline pf imssia,n proauctlvity, and wltli It the eclipse of the industrial' classes:' " " " . , . _" _ ' ':'. " We Ipok up .arr^ against Q,ur oppressors in the namcrof -the duty which .we owe to" lahof'sflagT for, i'fiJch' hundreds aiid thousands of its loyal defenders have died in our part of the world. " Menshekov." The point which It is intended to convey is that there is available in America, and there has been in free circulation for months, ample information of an authentic and official character descriptive of bolshevism as applied to govern- ment in Russia. No American who cares to take the pains to read that which is almost thrust under his observation need have the slightest doubt about the philosophy of bolshevism or about the aims of the Bolshevist government set up by Lenin and Trotslii in what is known as Soviet Russia. It is not necessary to withhold judgment on the ground of insufficient infor- mation, nor is it all to the point that there are facts about the economic struc- ture in Russia concerning which we are not informed. Judgment as to whether the political structure of bolshevism is good or bad, democratic or antidemocratic, desirable or undesirable, must be formed on the basis of facts about the character of that structure itself. An autocrac-y may be efficient in feeding and clothing its subjects, but the American mind will insist upon passing judgment on autocracy upon the facts relating to the autocracy itself and not upon the basis of whether it feeds the people or doesn't feed them. Industrial efficiency can never pass current in the United States as a reason for the existence of an autocracy. In all concepts of freedom within the American Nation one fundamental prin- ciple is that any involuntary servitude — that is, compulsory labor — shall not be enforced upon the working people. Indeed, as a result of the American Civil War of 1861-1865 4,000,000 colored slaves were freed and an amendment to the Constitution of the United States adopted as follows : " Neither slavery nor Involuntary servitude except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States or any place subject to their jurisdiction." And that concept and the spirit of that amendment have been entirely re- versed by the constitution of Bolshevist Russia, which provides for and enforces compulsory labor. The plea to withhold judgment on the ground that " we knew nothing about Russia " is a plea based on a false assumption and a plea which should be denied a hearing for the simple reason that we do know about Russia in all those essentials which are necessary in passing judgment on Bolshevism. The plea to withhold judgment is a last desperate attempt to win favor from the American people for a system of government which by the confession of its own advocates and defenders is foreign to every concept of the American Republic. We know about Russia. We know about bolshevism. We know the piteous story of cruelty and Intolerance and we know the autocratic concept that under- lies the minority dictatorship which is hailed to the world by its dupes and advocates as the most perfect state of society yet devised. We linow about it and we condemn it completely, finally, and for all time. [American Federationist, March, 1920.] THE TKUTH ABOUT SOVIET BtTSSIA AND BOLSHEVISM NO. 2. Fresh developments in France emphasize a truth about bolshevism which Is too often overlooked by students of that manifestation of human fallibility. These new developments should serve to clarify the general understanding of the true character of bolshevism. The French Socialist Party has declared its adherence to what is known as the third international. In the course of a somewhat lengthy declaration there is this paragraph : " The French Socialist Party indorses with all its power the suggestion of the German Independents and will work for the world unity of socialism by the fusion of all elements of the second International which have remained faithful to the class struggle with the groups that compose the third interna- tional." The important and significant news is not alone that the French Socialist Party has indorsed the third, or communist international which was called 260 SEDITI03!f. ' into being by Lenin and is dominated wholly by him. The important and significant news is that the French socialists support bolshevlsm, while the I'rench trade unionists do not. That which the French, socialists indorse and cling to has been repudiated by the trade unionists by a vote of four to one. This action was taken recently by the French Confederation Generale du Travail (The French Federation of Labor). The truth that has been evident for a long time to those who understand the character of various movements which pretend to represent " the working ■class " is that the main support of bolshevism really is closely akin to a bour^ gcolsie support and that the main strength of bolshevist sentiment throughout the world is in reality a middle-class support and not at all a working class support, except to a decidedly minor degree. Examination of the facts will make this clear. The French Socialist Party is a political organization in which politics is played with extreme vigor and finesse and which is wholly dominated by persons who, by every mark that goes to classify individuals, are of the middle class. Certainly, they have no organic connection with the ranks of labor. French socialist leader- ship is, superficially at least, " a scholarly affair." It is much such a profession as the law, medicine, or journalism. In fact, almost every French socialist politician of note also is a journalist, for the one profession makes the other necessary. The French socialist leader truly belongs to that section of bump- tiously revolutionary society now generally known as the intelligentsia. French labor unionism, on the other hand, is labor. Real labor needs no Identifying tag. Its genuineness is apparent. Those who they say speak for labor are constantly proclaiming their authenticity. It is necessary that they should. The prophets of bolshevism in France are the leaders of the Socialist Party, together with such men as Henri Barbusse and Anatole France — men who live and have their prosperity in the realm of wits and theories. Bolshevism, according to Lenin's pronouncements, is a scheme for the enrichment of the producers of wealth, and a device with which to confound all who do no labor. The adherents of bolshevism, beginning with Lenin himself, are not the producers, except in an entirely unimportant sense and to an almost insignificant degree. Emphasis is brought to this truth by the situation now existing in France. But what has happened in France is only what has happened elsewhere. France freshly emphasizes the matter by the fact that both the unions and the Socialist Party have taken official action almost simultaneously. The Socialist Party in the United States has just decided to support the Lenin international. The Socialist Party here is no less doctrinaire, no less an organization of pretense, no less a forum for " professionals," than the Socialist Party in France. The American Federation of Labor, on the other hand, which alone speaks for labor in Alnerica, because it alone is labor, has repudiated bolshevism and pronounced it a menace to the civilization of the world. In America, as in France, the socialist politicians and theorists are joined by other theorists In their advocacy of bolshevism. The purple fringe of intellectual freakishness in America is for bolshevism. It happens to be the mode; what the consequences might be to civilization were bolshevism (0 overthrow democracy causes them no apprehension. In France the real producers will have none of bolshevism. In America the real producers will have none of bolshevism. In England the story is much the same, though the line is less clearly drawn, due to the manner in which the intelligentsia has seeped into trade union leadership. But in the main bolshevism in England is a thing stamped with the approval of such men as Oeorge Lansbury and Ramsay MacDonald, theorists and politicians The masses of the producers of England may have an affliction, but it is not bolshev- ism at all. Even in Russia the real producers of Russian wealth have fled from bolshev- ism and accept its presence only because of compulsion. Russia's ereat wealth has been and is in the products of her land. Russian citv industrv has nevor bothered the world. But Russian wheat, in normal times.'^was an export com- modity of vast proportions. Russian industry could not provide for the need., of Russia. Russian agriculture could provide for the needs of Russia and over flow through all Europe in a great, golden stream of abundance. And the Rus SBDITIOK. 261 slan peasant, the greatest productive agent in Russia, lias not accepted bolshev- ism. Lenin himself complains bitterly of that fact. In November, 1919 — three months ago — Lenin spoke before the "First All- Russian Conference on the Work in the Villages." Izvestia on November 13, quoted Lenin's lament over the obstinacy of the peasant, a lament which Lenin has uttered a hundred times in his dictatorial career. Said he then : " Here we have the most complicated and important problem of socialist re- construction. The soviet and socialist power will be finally solidified, only when the peasant is in unquestioning alliance with the workers." Lenin always notes a difference between peasants and workers. His lan- guage seems to indicate that the peasant is a different kind of entity, more in the nature of a tool. He makes it clear, however, that without peasant support bolshevism is doomed to fail. He continued: " The victory over Denikine, which is now not remote, will not be the final destruction of capitalism. This is understood by everybody. They will make, more than one attempt yet to throw the noose about the throat of soviet Russia. The peasant, therefore, has no alternative, either he will help the worker — and then we shall conquer capitalism — or the least little wavering will bring again the shackles of capitalism." Lenin, here and elsewhere, makes it clear that peasant support and coopera- tion are something which he has not been able to get either by cajolery or to compel by force and atrocity. And without this " the least little wavering " will bring down his house. In addition to all this, there Is the recent utterance of Minister of Munitions Krasin in the Lenin autocracy. Krasin's remarks are quoted in the course of a character sketch published in Le Temps, of Paris, and republished in the New Europe. Krasin is quoted as having said to a friend of the writer, " Who still believes in socialism in Russia? Anyhow, neither I nor Lenin." Krasin has held four ministerial posts under Lenin and the Temps writer describes his efforts in each as having been to restore " good bourgeoisie practices." There is the situation. It is not blockades and outside opposition that bring soreness and apprehension to the heart of Lenin ; It is the failure of the great producing masses within his own realm to rally to the support of his fantastic structure. Throughout the world the actual producing forces of society have not been swayed by the exotic chords of bolshevist propaganda. Their hands are too close to the machinery of society to be caught pulling the wrong lever. But that semidetached, though clearly differentiated, body of men and women whose time is spent in theorizing about the salvation of society and the future welfare of labor, has been made disszy by the madness of the Bolshevist whirl and has fallen in, about as was to have been expected. It is a fair measure of bolshevism — a scheme set forth as the salvation of labor yet discredited the world over by the great producing masses of enlightened society. There are some working people who believe bolshevism is good. This can not be denied, because they proclaim themselves. There liave been some who believed in the I. W. W. There always is a small minority In any national population that will do the erratic thing, that will set itself against the over- whelming majority, but that can in no sense pretend to represent the will or the wish or the sentiment of the rank and file. Bolshevism is a thing scorned by the producing masses. It is a child of abstraction — perhaps partly also a child of distraction — surely a freak and a scourge, the destruction of which is ardently desired by all those millions of people who are close to the roots and beginnings of things and who see clearly because they are close to fundamentals where clouds can not form. Thus it is becoming more and more difficult for the propagandists of bol^ shevism to make a case of it, more and more simple for others to record the exact facts against it, and more and more certain that this cancerous growth is not going to be a menace anywhere outside of Russia, where it was planted in an hour of great misfortune under such circumstances as men had never wit- nessed. Mr. King. Mr. Marsh, of the Farmers' National Council, desires to file a brief and to make a brief statement. Mr. Grimke. I have been attending the hearings, and I represent about 12,000,000 of people, and I want to know whether I am to have a hearing. 262 SEDITIOIT. The Chairman. Just wait a moment. Mr. Marsh, we will give you five minutes. STATEMENT OF MR. BENJAMIN C. MARSH, SECRETARY OF THE FARMERS' NATIONAL COUNCIL. Mr. Marsh. The Farmers' National Council, may I explain, is a political union of leading farm organizations, and to carry out their reconstruction program adopted here in January, 1919, in the Farmers' National Reconstruction Conference they took this posi- tion, which has a direct bearing upon the pending legislation, in a plank entitled " Restoration of personal liberty " : The espionage law and all similar laws enacted to render America unified in the war must be repealed and abrogated at the close of the war. All acts of Congress and State legislatures restricting freedom of speech, freedom of publication, freedom of travel, and freedom of choice of residence or of occu- pation, and all executive acts of Presidents and of governors of States and Territories that have their foundation in' war needs must be similarly re- pealed or terminated. We declare for general amnesty for all political pris- oners. Now, I have got to conclude within five minutes, Mr. Chairman and gentlemen of the committee, and I want to say that if we un- derstand the position of the farmers— and there are some three- quarters of a million of farmers members of the farmers' organiza- tions, all united to carry out this reconstruction program — ^they feel that no more repressive legislation but more economic justice is needed to meet the present situation. We have won the war without any such law as you contemplate enacting, and it seems a rather ^perlative thing, in view of that accomplishment. nYou will recall that the New York "Wprld said that one of two great causes for bolshevism is the United States Congress. Now, what are you trying to do ? You are trying to put through Congress, a railroad bill that will increase the cost of living tremendously. You are trying to sell ships which the people subscribed for in the Liberty loans at about 50 or 60 cents on the dollar to the predatory interests. The Attorney General admits, of course, that the packers have committed felonies, but he condones it by agreeing with them Mr. CxiREtE. You charge that Congress is deliberately doing these things? You made that statement in Detroit, that the Congress of the United States was deliberately selling out the public, did you not? Mr. Marsh. Not in just those words. I made a statement and the newspaper writer was intelligent enough to draw that deduction from it. ..■>— Mr. BorES. What has that got to do with the espionage bill ? Mr. Marsh.^ Just this : Give us economic laws, and do not plav the game of the predatory interests. There is no class in America' that more strongly insists upon law and order and hates violence than the American farmers. Neither do they stand for anarchy. I have been out in the States recently of five members' of this committee and have attended a conference of the farmers of the national organizations, with the Federation of Labor, together with the railroad brotherhoods, and I know I am speaking the senti- SEDITION. 263 ments of many of those States when I say that we want all crime punished, but we know that instead of more legislation of this sort, what the American people want is economic justice, and we are lookingto Congress, with this enormous debt hanging over us, for economic justice. Mr. Yates. I will have to ask to be excused if we are to continue to discuss these matters. If you want to discuss this bill I shall be glad to hear you. Mr. Marsh. May I state again, that having read this paragraph on the restitution of personal liberty, that I believe it is the senti- ment of the rank and file of the farmers, that since we have won the war without such legislation, and since we have been able to arrest criminals under the present law, we do not need such legislation. You know, Mr. Chairman, in your own State, that the big Cham- ber of Commerce of Minneapolis has tried to brand the American farmers as anarchistic- The Chairman. I hardly think that that is a fair statement to make. Mr. Marsh. I have read this protest of the Farmers' National Council against the enactment of any of these bills dealing with sedition. STATEMENT OF MR. ARCHWOOD H. GRIMKE, REPRESENTING THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF THE COLORED PEOPLE. Mr. Grimke. Mr. Chairman and gentlemen of the committee, I think we are very much concerned in this matter, and especially in one section of the country, because the bill which, you have before you, in a general way, would affect the right of free speech, the right of assembly and freedom of the press of Americans in general, and affect us peculiarly when it comes to the South. For instance, if we, . the colored people of the South, attempted to advocate the enforce- ment of the thirteenth amendment, we know exactly what would happen down there. We think), it is an attack on the crop system, the slavery of the tenant farmers, and that it would become dangerous. If we at- tempted to advocate the reduction of southern representation, that person who advocated it probably would be lynched down there, and if in one of our papers we attempted to say we should have equal suffrage in the South, that would be still more dangerous. The person advocating that would be considered a person to be got rid of. When our publications, our magazines, advocate that sort of thing, it is advocating what is considered in the South anarchy, because this is repression. The whole system is a repression! of the people down there for the purpose of what they call the white man's govern- ment. Now, what sort of education can deal with a system like that? The most feasible means we could use, never mind what the injustice is — if we react against it,, we are dangerous persons in the South and must be got rid of; I would be inciting racial prejudice and racial antagonism and racial hatred and therefore I know that you are very kind in giving me this time, but I want you to remember 264 SEDiTiosr. that, that your general laws affect generally the people all over the United States, the freedom of the press, the right of free speech, the right of assembly, and other rights, and in a peculiar way. Should you pass that law, you would put it in the hands of the South to increase its stranglehold upon 12,000,000 of people. Are you willing to do that ? , Therefore I ask you not to pass any laws that will increase that stranglehold down there, that will suppress more than exists now the right of free speech, free press, an4 the right of assembly. STATEMENT OF MR. JUDSON KING, EXECUTIVE SECRETARY, NATIONAL POPULAR GOVERNMENT LEAGUE. Mr. King. Mr. Chairman and gentlemen of the committee: I de- sire to speak for a few moments on the question as to whether it is - wise public policy for this committee to recommend and this Con- gress to enact any peace-time sedition legislation whatsoever, and to state why the National Popular Government League, of which I am executive secretary, considers such laws both unnecessary and unwise. Hearings on the Graham bill before the Rules Committee had hardly begun before it was plainly evident we were in deep water and the issue raised had to be discussed with reference to a larger issue still. I refer to the conflict now going. on between progress and reaction in our own country and throughout the civilized world. Call the struggle what you will, as between capital and labor, be- tween privilege and justice, between the masses and the classes — ^the essential question stirring in all men's minds is what is to be the status of private property and of labor in the days to come? And that issue at once excites the deepest passions of men. An acute struggle is ahead of us, indee'd is upon us, beyond any man's power to prevent. The old order intends to stand firm; the new order is determined to achieve. What the outcome will be I do not prophesy ; nor is it in place to discuss here any proposed remedies for our industrial, economic, or social ills. The question in this connection before the Congress is whether it will give aid and comfort to those who are determined that the con- flict shall be conducted in the American fashion of free open dis- cussion of lawful organization, of honest elections, and the execu- tion of the will of the majority as determined at the ballot box; or whether countenance is to be given to the methods of repression urged by those hot-headed citizens who were perhaps bom in this country but who haven't got over from Europe yet. It is a question of tactics, and if we seek counsel in the experience of the past we shall find that history has some strong advice to give. It proves to the merest novice that wherever a dominant group in control of a government adopts a policy of repression, that that order of things is doomed to trouble, disaster, and extinction ; as, for ex- ample, Bourbon France and Prussianized Germany. If. on the other hand, the institutions of freedom are allowed to function, even in part, natural evolution goes on, the country is saved from the horrors of revolution, and peace prevails — as, for example, England, which has had no revolution since 1688, and in which country to-day the propertied classes are preparing to make such changes "in their eco- nomic system as would horrify the average American business mind. SEDITION. 265 We can have no peaceful evolution in America unless free speech and tree association prevails, and free speech can not prevail if peace-time sedition and espionage laws are to be put in force. I am well aware that every advocate of the sedition bills which have come before the committee declares his reverence for the Con- stitution, and asserts that his bill protects free speech and inhibits only seditious anarchy " and the advocacy of " physical force to overthrow our Government "—a purpose which all right-minded men applaud. Why, then, do practically all of the bills contain provisions that by easy and obvious interpretation arm the Federal courts, district attorneys, and the Department of Justice generally with powers to arrest, jail, and imprison any person voicing ideas which may be made seditious by court construction; to arrest and punish as traitors workmgmen on strike; to prohibit advocacy of ideas which the party in power may not like, and in general to spread a terrorism over the entire press of the United States? Gentlemen devoted to free speech must explain these surprising jokers in bills if we are to believe they are aimed exclusively against dangerous, revolu- tionary " reds." I am glad to know that many members of this committee without time for close examination favored these measures at first blush without knowing what they actually contained, but are' against them now. The bills, however, have gone to the country, the country has responded with a thunderous "no," and it is going to be difiicult to convince the country that some indirect purpose will not lurk behind any bill the Congress may pass on this subject. We hold the present penal code, plus the State laws, amply suffi- cient to care for any advocacy of the use of force and violence more powerful than a pea shooter. But, Mr. King, comes the inevitable answer, do you believe in the advocacy of force and violence to overthrow this Government? No; I do not. If I did I would abandon the work I am doing to secure better machinery for constitutional government, and prob- ably side with those who are discouraged over the present deplorable situation and proclaim the futility of political action. I don't be- lieve in murder, but I need not be accused of sympathizing with murderers if I regard any more Federal law unnecessary as against that crime. But Mr. Palmer tells us there is danger of revolution. He says there is a hiatus in the Federal law; that while he is able to reach, under section 6 of the Penal Code, any conspiracy to advocate vio- lent overthrow of the Government, he is unable to get the single individual acting alone who does so. Surely the Attorney General of the United States ought to know the law. Admitted. And the reply is that the men who drafted the Federal Constitution, and who enacted the Penal Code under it, understood that "hiatus" even better than Mr. Palmer. They knew, and we know, if we stop to think twice, that -the said hiatus can not be closed up and freedom of speech be preserved. Mr. Palmer has dis- covered nothing new. Here is the question : How can you know by what a man merely speaks or writes that he has a treasonable " intent " to overthow the Government of his country by force and violence ? 286 SEDiTioir. The Kaiser, the Czar, and every autocratic penal code of Europe answer thus : Judge his words, and punish him for what you inter- pret his words to intend or to mean. Washington, Hamilton, Jefferson, and all the fathers give answei in the Constitution of the United States thus: Judge the intent of his words from an overt act which he has committed and which can be proven in court. Back of the American principle lay a thousand years of European history which the fathers had clearly in mind. We do well to recall it. Said Judge E. E. Kinkade, of Ohio, "Every letter of every word of the free-speech clause in our Constitution was bought with a barrel of human blood." The statement sounds extravagant, but it is true. The European practice goes on the legal theory of constructive treason. As a result thousands on thousands of the best men and women of their age have been sent to the stake, the scaffold, or to rot in prison, because they had criticized their Government or had advo- cated some reform which learned judges interpreted to be treason- able or seditious. It was a happy and convenient method of dispos- ing of political opponents, or radicals, or of labor agitators. The coat to civilization of that practice staggers the imagination. So the fathers said we will have none of that tyranny in America. This is to be a Government of laws, not of men; we will leave nothing to a guessing judge or a prejudiced jury. We will punish deeds, not mere words; acts, not opinions. They recognized clearly that the danger from any law which attempts to punish words is in its administration. The difference between these two methods marks the distinction between the An^lo-Saxon and American tradition and law and that of monarchial Europe. As to the individual advocate of sedition, the fathers drew the line at the overt act. The question has been thrashed out by every body of men or every court which has dealt with this subject since then, and every time, if true to the Constitu- tion, there is where the line has remained. And frankly I do not believe that Mr. Palmer, this committee, or this Congress can draft a bill that will further extend the power of the Government over mere utterances without destroying free speech in America. I should like to see the bill that would not which would be worth taking time to add to the Penal Code. If Mr. Palmer is scared at the size of a revolution which will be able to crawl through his " hiatus " he must be a timid man indeed. He evidently forgets that he has at least 100,000,000 to help him protect a Government they love as much as he does. When two or more men act together he admits they can be scotched. And as former Assistant Attorney General Alfred Bettman said to the Committee on Eules, the danger from a single individual attempt-, ing to overthrow this Government by force and violence through mere words, when no concrete act follows, is not serious enough to cause any of us to lie awake nights. Hence we shall oppose any legislation of this character because it is wrong m prmciple and unnecessary. We shall oppose it as a matter of public policy, because this is not the time to further fan the ap- prehension already spreading over the Nation like a prairie fire SEDITION. 267 that there is an attempt being made here in Washington to deprive the American people of their traditional liberties under the guise of heading off bolshevism. It is a time that calls for cool heads and sound judgment. We must not confuse industrial and economic unrest, due principally to the high cost of living, with revolution. I respectfully suggest that the way to cure unrest is for the Con- gress to address itself to constructive legislation that will give the people a square deal. Republicans and Democrats alike must answer to the bar of public opinion and meet the public need on that issue — the folks want to know what you are going to do. There is a voice from the grass roots which tells me that all per- sons m this country with incomes of less than $5,000 are worrying vastly more over the question of how to make their income meet their expenses than they are over advocates of bolshevism from Moscow. I think I speak their mind when I say that if the Congress will do something that tends toward a more just distribution of wealth, they will take care of single advocates of force and violence who do nothing but talk, and in the last analysis it is freely admitted by the Attorney General himself that such a one is the only person against whose empty words he is asking you to legislate. And I may add my suspicion that if Mr. Palmer were not a candidate for the Presidency he would be more composed. The Chairman. This concludes the hearing. (Whereupon, at 1.10 o'clock p. m., the committee adjourned.) (The compilation of United States sedition laws, and the acts gassed by the individual States, and also the sedition laws in the •ritish Empire are as follows:) United States Laws Relating to Sedition From 1789 to 1919. Act of July 14, 1798 (1 Stat., 596). Unlawful combination with intent to oppose any proper measures of the Government, to impede operation of any law or intimidate any officer in his duty, and any advice or counsel to such combination whether it actually succeeds or not, to be " high misdemeanor," punishable by fine of not over $5,000 and imprisonment for not over five years. Act expired by limitation in 1801. , Act of April 23, 1800 (2 Stat., 47, Art. HI), Incorporated in R. S. 1624, article 8. Naval court-martial given discretion as to punishment of persons In the Navy who utter " any seditious or mutinous words." Act of April 10, 1806 (2 Stat., 360, arts. 7, 8), incorporated in R. S. 1342, articles 22, 23, amended August 29, 1916 (39 Stat., 661, articles of war 66, 67). Persons subject to military law who "begin, incite, cause, or join in any mutiny or sedition," in any company, etc., to sufEer death or other sentence of court-martial. Same punishment for any officer or soldier who " being present at any mutiny or sedition " fails to do his utmost to suppress it. Act of June 30, 1834 (4 Stat., 731, sees. 13, 14), incorporated in R. S. 2111 and 2112 ; penalty of $2,000 prescribed for sending messages, etc., to any Indian tribe, chief, or individual, with intent to produce an infraction of any treaty or law of the United States, or to disturb the peace and tranquility of the United States ; and of $1,000 for carrying such messages, etc. Acts of July 31, 1861 (12 Stat., 284) and April 20, 1871 (17 Stat., 13), incor- porated in R. S. 5336, and in section 6 of the Criminal Code of March 4, 1909 (35 Stat., 1089). Conspiracy by two or more persons in any place subject to jurisdiction of the United States by force to overthrow the Government, oppose its authority, delay the execution of its laws, or seize its property, to be pun- ished by fine of not over $5,000 or imprisonment for not over six years, or both. Act of July 17, 1862 (12 Stat., 590, sec. 2), incorporated in R. S. 5334 and in section 4 of the Criminal Code of March 4, 1909 (35 Stat., 1088). Incitement, etc., of "rebellion or insurrection against the authority of the United States 268 SEDITION. punishable by fine of not over $10,000 or by Imprisonment for not over 10 years, or both. Act of June 15, 1917 (40 Stat., 219, sec. 3). When the United States is at war, false reports made with intent to hinder success of the forces of the United States, or willful attempts to cause insubordination or mutiny in said forces or to obstruct recruiting and enlistment therein, to be punished by tine of $10,000 or Imprisonment for 20 years, or both. Each of two or more conspiring to violate section 3 to be punished as therein provided, upon an overt act by any one of them. Same (p. 230, sees. 2, 3). Every letter, etc., containing matter advocating Insurrection " or forcible resistance to any law of the United States " declared nonmailable. Attempts to use mails for such matter to be punished by fine of $5,000 or imprisonment for five years, or both. Act of May 16, 1918 (40 Stat., 553) amending the espionage act (p-. 219). Penalty prescribed for abuse of the Government during war, provoking resist- ance to the authorities, advocating prohibited acts, or by word or act favoring cause of enemies or opposing that of the United States. United States Laws Relating to Treason, Sedition, Etc., in Eobce April 1, 1917. Constitution, Article III, section 3: Treason against the United States shall consist only In levying wir against them, or In adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or for- feiture except during the life of the person attainted. Criminal Code (35 Stat, 1088 ff) : Section 1. Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason. Sec. 2. Whoever is convicted of treason shall suffer death; or, at the discretion of the court, shall be imprisoned not less than five years and fined not less than ten thousand dollars, to be levied on and collected out of any or all of his property, real and personal, of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary notwith- standing; and every person so convicted of treason shall, tnoreover, be in- capable of holding any office under the United States. Sec. 3. Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals, and does not, as soon as may be, disclose and make known the same to the President or ' to some judge of the United States, or to the governor or to some Judge or justice or a particular State, is guilty of misprision of treasan and shall be Imprisoned not more than seven years and fined not more than one thousand dollars. Sec. 4. Whoever incites, sets on toot, assists, or engages in any rebel- lion or Insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both ; and shall more- over, be incapable of holding any office under the United States Sec. 5. Every citizen of the United States, whether actually resident or abiding within the same, or in any place subject to the jurisdiction thereof or in any foreign country, without the permission or authority of the Govern' ment, directly or indirectly, .commences or carries on any verbal or written nov" respondence or intercourse with any foreign government or any officer or Lent thereof, with an intent to Influence the measures or conduct of anv foreiPT, government or of any officer or agent thereof In relation to anv dismites nr controver^es with the United States, or to defeat the measures of the Govern^ ment of the United States ; and every person, being a citizen of or resS '^'^''"."',^^"'*!? ^-""^^^ °'' '" ''"y P'^'^'^ «"^ject to the jurisdiction thereTf and not duly authorized counsels, advises, or assists in any such correspond- ence with such intent shall be fined not more than five thousand dollars and imprisoned not more than three years ; but nothing in this section shall he ^n strued to abridge the right, of a citizen to apply,^himself or Ms agent to Tny" SEDITION". 269 foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects. Sex;. 6. If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, >■ ^67. SEDITION. 275 ^l*com?nni"f?. 1^'°,"^. Statutory enactments lie discussed regulation 27;^ column of thr hfJ =n>f ^^°^^ "5 *''^ '■^^'" regulations mentlonid in the first areTertaIn rL,^«i-tn?^^"^l^-^'^- '^^''^ *^ Proposed in regard to them. There Deriol bit I f^ « ?ro .^ "^ '* '^ proposed should be extended for a certain so mentioned T »ZJ ^- ^°"'^ "^^l '"?'^'"^^ ^^^^' ^^at the period which is so mentioned is the maximum . period ; it is not a period during which all the regulations which are retained must remain in force It Ts f p™ for Hon Thn?" "''"* ^'^^^ T? '■^™"° '° ^^'''^' ^^^Ject to the power ofrevoca' (SKwhteh saysT '' '''"'*'"°'"^ '" *^^ '^""^^ °* *^^ subsection (1) of clause ■' 'Provided, That it shall be lawful for His Majesty in council to revoke in whole or in part any of the regulations so continued as soon as it appears to him that consistently with the national interest any regulation can be so " ^^J^ important that the House realizes that is not proposed that the period named in the schedule should be the period for which, in any event and in any circumstances, those regulations shall be continued, but a period for which they may be continued subject to the power of revocation at any time In regard to these regulations let me say at once that at the later 'date which we have now reached we propose to omit— I will mention them seriatum in a moment— the regulations which provide for the billeting of soldiers and air- men on civilians, the regulations relating to passports, the regulations giv- ing the power to remove persons considered by the authorities undesirable from the areas where there are troops. In referring to that I may also refer to the regulations committing without trial, persons suspected of doing some- thing or about to do something dangerous to the public safety, and the regu- lations imposing penalties for spreading reports considered prejudicial to re- cruiting and likely to cause disaffection, and other regulations." Mr. Arthur Henderson in the course of the debate on the bill expresses satisfaction at the deletion of the greater part of regulation 27, as follows : ' " I must say I express my great satisfaction to the Attorney General for hav- ing deleted several of the provisos under regulation 27. Some of us know^some- thing about the dangers to which we have been exposed by any mistaken step or any step that one might have innocently taken and which might have landed us into difficulties under some parts of regulation 27. But, as I understand the position, there is one part of regulation 27 which still remains." * * * He went on to take up the one subsection that remains, that relating to aspersions cast on any bank or currency notes which are legal tender in the United Kingdom. The removal of the regulations efEects only the United Kingdom. The Attorney General announced as follows : ' The secretary of state for the home department, Mr. Herbert Samuel, set out the position of the Government in regard to conscientious objectors and their acts, as follows : " As I have said before, I can imagine an individual of deep religious con- victions considering in an earnest spirit what his duty is in this crisis. I can imagine his saying, ' I know that my country is engaged in a life-and- death struggle. I know she Is calling upon her manhood to fight for her. I know that the most fundamental principles of human welfare are at stake in this war, but, on the other hand, I am a man who all my life has, held deep convictions against warfare, and against the taking of human life.' I can imagine a man with agony of mind and much travail of soul being in this dilemma, not knowing on which the balance should lie, and saying at last, • I can not undertakie military service.' That man I can respect, but I can not understand the mind of a man who by speech and by pamphlet and leaflet, by meetings and by conference, tries to stir up individuals to withdraw their service from the State, and to create and organize by all the methods of political propaganda a large body of recalcitrants. If all the nation had taken that course, and responded to such appeals, where would be our cause and the cause of the Allies now? When this propaganda oversteps the bounds of the law, I hold the view that the Government would be weakly abandon- ing Its primary duty to Parliament and to the country If It failed to take action. Consequently proceedings have been taken in the courts, and seizures have been made of propagandist material. I found that when I came to the ' H. of C. Deb., vol. 120, No. 124, pp. 319-320. ' H. of C. Deb., vol. 120, No. 124, p. 367. »H. of C. Deb., vol. 120, No. 124, p. 324. 276 SEDITIOK. home office that in some cases where leaflets had been taken into court and^ the publishers prosecuted and condemned, and the- leaflets seized in order to be destroyed, that the same leaflets were being freely distributed throughout the country. In many cases, and there was no regular uniform procedure for stopping that. It seemed to me absurd, when a leaflet had been condemned by a court In London, that its circulation should be permitted elsewhere. I issued a circular, therefore, on the 12th of April, to the police, giving them a list of leaflets which had been condemned by the courts, and asking them to take action to prevent their further circulation. On May 24 I sent out a supplementary list, and on June 14 a third list. But the local police forces are not under the control of the home secretary. He is the police authority for London, and the metropolitan police are under his orders, but the police elsewhere are under the control and act on the instructions of the local authorities." In another debate the same official thus stated the Government's position as regards recruiting and the military service act : " The attitude the Government took up with respect to that matter when the military service act came into operation was explained by me to the House on more than one occasion. We did not quarrel with the action of anyone who assisted conscientious objectors In claiming the rights that were granted them by Parliament under a section of the military service act. We did not quarrel with anyone who complained of unfair treatment being meted out to individual conscientious objectors. There was no prosecutions of any kind for any reason of that sort. But we did quarrel with, and we did prosecute, per- sons who were engaged in a campaign really directed at the manufacture Of new conscientious objectors. While the nation as a whole was engaged in a propaganda for the recruiting of soldiers there were certain individiials who were engaged in a campaign, for the recruiting of objectors, and those two were incompatible with one another. The distributors of this leaflet were prosecuted because the leaflet fell clearly within that class of propaganda, !ind several of them were convicted an<3 were penalized. Then Mr. Bertrand llussell wrote a letter to the Times in which he stated very frankly and honorably that he himself was the author of that leaflet. Obviously and neces- sarily a prosecution had to take place." Part III. — Prior to the war. (A) ITS ORIGIN. The term " sedition " is so intermingled in English jurisprudence with the terms treason, libel, and mutiny, that a clear conception is gained only by tracing its development. 1. Statute law — (a) Treason. — Sedition is in reality a derivative of treason In that it seeks or threatens the overthrow of established government. " The distinction between sedition and treason consists in this : That though the ultimate object of sedi- tion is a violation of the public peace, or at least such a course of measures as evidently engenders it, yet it does not aim at direct and open violence against the laws or the subversion of the Constitution." ' It should be noted that the offense Is committed if the acts or words tend to produce the result. Never- tlieless sedition is considered as a considered as a quality of treason in English law. The first statute against treason '' only specifies the compassing or imagining the deaths of the king or members of his family, or the slaying of his ministers as constituting the offense. But such is the interpretation of the words "compass" and "imagine" that one Williams, barrister, was indicted and executed for high treason for writing a seditious book in the reign of James I.' "May I add one final observation? I liave spoken of omissions with regard to these regulations. In doing so I have been speaking of Great Britain and I have not been speaEng of Ireland. I under- stand from those who are immediately responsible for the adminis- tration of Ireland that as matters stand they do not at present see 'Allison, Criminal Law, p. 580. 2 25 Hdw. 3 St. 5, c. 2. "Holt's Law of Libel (1818), p. 97, 2 Roll. Rep., fols. 88, 89, 90. SEDITIOS". 277 TWeSp *? diminish the scope of what the bill originally asks. ^mde?stand?hn^ Kussell on Crimes, p. 302. 2 Donogh, tbe History and Laws of Sedition, pp. 22, 23. ' Donogh, the History and Laws of Sedition, p. 28. 280 SEDITION. says. Stephen, J., says : " If at a meeting unlawfully convened seditious words are spoken of such a nature as are likely to produce a breach of the peace, that meeting may become unlawful, and all those who speak the words un- doubtedly are guilty of uttering seditious words, and those who do anything to help those who speak to produce upon the hearers the natural effect of the words spoken." It should be understood that in these cases where the judges use the word " government " they do not mean any particular set of ministers, but the polit- ical system settled by the constitution, or the general order and discipline of the country. 3. Differentiation of " freedom of speech " and " sedition " — (a) That which is wrong in itself is crime. — ^Any act which a people con- siders wrong in itself may be a crime and punishable as such. But sedition arises from something that far from being wrong in itself is one of the most cherished rights of the English-speaking peoples. Yet this same right if car- ried beyond certain boundaries has been considered a serious ofEense. (6) Right to expression in the press or by speech. — Lord Fitzgerald, in the case of Reg. v. Sullivan,' enunciates a very clear expression of the Anglo- Saxon idea. " With respect to the question of the freedom of the press, I feel bound to say a few words. Since 1692 there was a complete liberty of the press in Great Britain and Ireland. By Uberty of the press I mean complete freedom to write and publish without censorship and without restriction, save such as was absolutely necessary for the preservation of society. Our civil liberty is largely due to a free press, which is the principal safeguard of a free state, and the very foundation of a wholesome public opinion. Every man is free to write as ha thinks fit, biit he is responsible to the law for what he writes ; he is not, under the pretense of freedom, to invade the rights of the com- munity, or to violate the constitution, or to promote insurrection, or to bring justice into contempt or embarrass its functions. Political or party writing when confined within proper and lawful limits, is not only justifiable, but is protected for the public good, and such writings are to be regarded in a free and liberal spirit. A writer may criticize or censure the conduct of the servants of the crown or the acts of the government — he can do it freely and liberally — ^but it must be without malignity, and not imputing corrupt or malicious motives. With the same motives a writer may freely criticize the proceedings of courts of justice and of individual judges — nay he is Invited to do so in a free and fair and liberal spirit. The law does not seek to put any narrow construction on the expressions used, and only interferes when plainly and deliberately the limits are passed of frank and candid discussion.' Thomas Erskine, the great barrister, in his defense of Thomas Paine, in- dicted for seditious libel, eipresses this idea in his usual excellent manner : " The proposition which I mean to maintain is the basis of the liberty of the press, and without which it is an empty sound, is this : That every man, not intending to mislead, but seeking to enlighten others with what his own reason and conscience, however erroneously, have dictated to him as truth, may address himself to the universal reason of a whole nation, either upon the subject of governments in general, or upon that of our own particular country — that he may analyze the principles of its constitution — ^point out Its errors and defects — examine and publish its corruptions, warn his fellow citizens against their ruinous consequences — and exert his whole faculties in pointing out the most advantageous changes In establishments which he considers to be radically defective, or sliding from their object by abuse. All this every subject of the country has a right to do, if he contemplates only what he thinks would be for its advantage, and but seeks to change the public mind by the convictions which flow from reasonings dictated by conscience. " If, indeed, he writes what he does not think — if, contemplating the misery of others, h^ wickedly condemns what his own understanding approves or even admitting his real disgust against the government or its corruptions if he caluminated living magistrates, or holds out to individuals that they have ■ a right to run before the public mind in their conduct— that they may oppose by contumacy or force what private reason only disapproves— that they may disobey the law b ecause their judgment condemns it— or resist the public will, 1 11 Cox, 44. ' Cf. Hall, Hist, of England, Vol. II, p. 376. SBDITIOK. 281 nrSf.^of^Fn^.^^c^h"'' ^'^K^"" change it-he is then a criminal upon every from thPir^ftv ^^ ^r*"'^*' ^f*'^"'^ ^"""^ ^ P®''^°« ^^'''^^ t« > 4. The definition of sedition : Sedition consists in acts, words, or writings, intended or calculated under the Circumstances of the time, to disturb the tranquillity of the state, by creat- ■ ing 111 will, discontent, disalTection, hatred or contempt, toward the person of the King, or toward the constitution or parliament, or the government or the established institutions of- the country, or by exciting ill will between different classes of the King's subjects, or encouraging any class of them to endeavor to disobey, defy, or subvert the laws or resist their execution, or to create tumults or riots or to do any act of violence or outrage, or endangering the public peace.' (B). it's application. 1. Laws of Great Britain.— A review of the statutes of Great Britain dis- closes the fact that the treason felony act of 1848* is the law under which an action for sedition would be brought to-day. It is apparent then that at tl^e present time in England sedition is still looked upon as a quality of treason and punished as such. Trials for sedition are of infrequent occurance in Great Britain. Justice Coleridge, in the central criminal court in London, in 1909 makes this remarlc in his charge to the jury : " It is quite true, as the defendant has put before you, that a prosecution for seditious libel is somewhat of a rarity. It is a weapon that is not often taken down from the armory in which it hangs * * *.'" There are only a few cases of sedition or seditious libel since the passage of the treason felony act. A short review of the most important of them will show the spirit of the law as it exists in Great Britain to-day. In August 1848 an indictment was found against a Robert Crowe, a laborer. The indictment set forth that the defendant was maliciously and seditiously contriving to disturb the peace of our lady the Queen and her leige subjects, and of the Government by law established.' In Regine v. Tussell,' a charge was founded on the words : " If John Mitchell Is sent out of his county, every Irishman must rise and resent the insult, or you will no longer be worthy of the name. If the Queen neglects to recognize the people, then the people must neglect to recognize the Queen. The Government is not worthy the support of auy honest man ; it is too contemptible to be recognized, and you must use your best efforts to overthrow it. And now I wish to impress upon you, there is one safe way of getting rid of rulers (or bad rulers)." The next case referred to here was tried in 1883. One William O'Brien wa| accused of publishing— "A false, malicious, and seditious libel contained in a (newspaper) article entitled 'Accusing Spirits,' for the purpose and with the intent of bringing the Government of the country and the administration of the laws into hatred > Howell'a State Trials, Vol. XXII, p. 414. 2 Donogh, Hist, and Law of Sedition, p. 11. "Donogh, Hist, and Law of Sedition, pp. 11-12. Cf. Russell on. CWmes. Cf. Stephens Digest of Criminal Law (ot England). For a very exhaustive and thorough treatment of sedition, the reader is referred to Ch. XIX of Odger's Libel and Slander. * Supra. " Rex V. Alfred, J. P. Reports, vol. 74, p. 56. » In re Crowe, 3 Cox, c. c. p. 123, 124. ' 3 Cox, Criminal Cases, p. 291 et seq. 282 SEDITION. and contempt, and In order to incite hostility against the same, and for the further purpose of disturbing the peace of the country and raising discontent and disaffection among the Queen's subjects." ' ^ Lord Chief Justice May in his opinion differentiated between pleas of justifi- cation as applied to libel and treason or libels of a seditious nature akin to treason. "I think that this application ought to be refused. The law on the subject is clear. Prior to Lord Campbell's act (6 and 7 Vict, c. 99), in a civil action for libel, it was competent for the defendant to aver the truth of the matter alleged, and the plaintiff it was held could not recover damages in respect of charges brought against him, the truth of which was established; In the case of criminal proceedings for libel the law was otherwise ; upon a trial in a criminal court proof of the truth of the libel formed no defense ; on the con- trary it was said the geater the truth the greater the libel. The act of 6 and 7 Vict., c. 96 (commonly called Lord Campbell's act), was passed, and provided that, subject to certain conditions it should be competent for a traverser prosecuted for defamatory libel by way of defense to establish, first, that the matter charged was true; and second, that it was for the public benefit that it should be published. In the case of Reg. v. Duffy (9 Tr. Rep., 329), decided in the year 1846, this court, then consisting of very eminent judges, Black- burne, L. C. J., Burton, Crampton, and Perrin, J. J., unanimously came to the conclusion that Lord Campbell's act had no application to seditious libels, but to defamatory libels on private persons only." He further on states that this decision is binding on the court. The case of the Queen v. McHugh,^ 1901, is of interest as showing the view taken of seditious libels which attack the courts or the juries. This case covers the subject so thoroughly and from such important viewpoints that the opinion of Lord Chief Justice O'Brien in this case is quoted extensively : "Have we, then, in this case, in substance, the essential elements (578) of a seditious libel? No doubt the words complained of are defamatory, but have we in the averments what is equivalent to the allegation of a seditious intent? This brings me to the consideration of what is the legal definition of a sedi- tious intent. An intention, then, to bring into hatred or contempt the ad- ministration of the law falls within the definition ol seditious Intent. This being So, I turn to the information to ascertain whether what constitutes a seditious intent is sufficiently alleged therein. I find that it is alleged ' That Patrick A. McHugh, wickedly and maliciously contriving and intending to bring the administration of justice in this Kingdom into contempt,' did pub- lish the libel complained of. This is the intent alleged against the defendant and it is one of the intents which make libelous matter seditions. I am therefore of the opinion that what Is complained of is a seditious libel. It was argued that, having regard to the averments in the information, a verdict might be obtainable against the accused for a libel against Mr. Justice Andrews personally, or for a libel upon the jurors personally, irrespective altogether of any seditious intent. Even if this were so, the plea would still be bad, because it purports to extend to the first and third counts in their entirety; and they clearly, in so many words, complain of an intent to bring the admin- istration of the law into hatred and contempt — which is clearly seditious. But I deny that the libel can be regarded as anything but a seditious libel in relation to Mr. Justice Andrews -and the jury. Mr. Justice Andrews, if at- tacked at all by this libel — and this will be for the jury to determine was at- tacked not in his personal and private capacity, but as the judge who (579) presided at the trial under Her Majesty's commission. If he was attacked at all, he was attacked in relation to the judicial character with which he was clothed by Her Majesty's commission, and in relation to those functions which he was bound under the sanction of his oath to discharge without fear favor or affection. The jury was certainly attacked in relation to their action 'as iur'ors when empaneled upon their oaths to render a true verdict between the pris oners and the Crown. The libel in the first count of information nlle^es that the trial was a mockery of justice. The article complained of in the' third count says that the defendants were the victims of a cruel wron^' nernetr-itprt .in the name of justice. Is this a mere personal attack? Most certainlv not ■ and the fact that it is not would be sufficient, according to the case of the • Extracts O'Brien, ]5 Cox, c, e. p. 181 pp' 511-526.®" "■ ^''^''^^' 2 ^- ^- 574 et seq. Cf, Oager's Law of Libel ana Slander, SEDinoK. 283 of Srd -CaSell' act^' '"' '''^' '° ^'°" ''''' '' ^'' "°* -"^- t^« «'^°l'« t;l^ ^fll*^' *^*'^'. ^^'^ ^'- ^Idred, 1910, the condition of public feeling at the time of the commitment of the offense and the place where committed are con mdered as an important factor. Justice Coleridge in his cCrge to the furv remarks: "You are entitled also to take into account the sLteofpuWlc feeling^ 2?.^ .'^4*^'"■^ "'^ times when a spark will cause a great conffagraUon the effect of the language would be very different at one time from what it would ol pubUcamn." ^'" '''° """""'^ '" '^^^ '" "^^°""* *^« place and thelode Further on in the case he sets out very clearly how far In the criticism of guIlty^S^Lditlon^ ™^'' ^^ ''"*' ^^"""-^ '''^^^ ^"'* ^'^ "^'y "•'* ^° ^"^""t ^^'"S . ":^J^^'i ™^*' 'awfully express his opinion on any public matter, however dis- tasteful, however repugnant, to others If, of course, he avoids defamatory mat- ter, or If he avoids anything that can be characterized either as a blasphemous or as an obscene libel. Matters of state, matters of policy, matters even of morals— all of these are oi)en to him. He may state his opinion freely he may buttress it by argument, he may try to persuade others to share his views Courts and juries are not the judges in such matters. For Instance, If he thinks that either a despotism, or an oligarchy, or a republic, or even no gov- ernment at all is the best way of conducting human affairs, he is at perfect liberty to say so. He may assail politicians, he may attack governments, he may warn the Executive o^ the day against taking a particular course, or he may remonstrate with the Executive of the day for not taking a particular course ; he may seek to show that rebellions, insurrections, outrages, assassina- tions, and such like, are the natural, the deplorable, the inevitable outcome of the policy which he is combatting. All that is allowed, because all that is in- nocuous; but, on the other hand, if he makes use of language calculated to advocate or to incite others to public disorders, to wit, rebellions, insurrections, assassinations, outrages, or any physical force or violence of any kind, then, whatever his motives, whatever his intentions, there would be evidence on which a jury might, on which, I think, a jury ought, and on which a jury would decide that he was guilty of a seditious publication." * OVERSEAS DOMINIONS. The leading English cases, above cited, on common-law sedition, are the ruling cases for the British Dominions as well, except in so far as the law has been altered by statute. Antlstrike statutes vary somewhat in scope and stringency In the different British Dominions. (a.) India. 1. Origin of legislation. — The origin of legislation preventive of sedition may be said to have been in the year 1823. This legislation was enacted In consequence of the expression of Sir Thomas Munro's views under the title " Danger of a Free Press in India." Sir Thomas Munro was, at the time of writing this, governor of Madras. It Was not known until 1837 that as one of the clauses of Macaulay's draft penal. code an effective law concerning all of India was drawn. This draft of the penal code never saw the light until 1860, and at that time, for some unaccountable reason, the sedition clause had been omitted. 2. Criminal code. — Ten years later. In 1870, Sir James FItzjames Stephen,^ In introducing a bill for sedition, remarked that this provision had been omitted from the penal code as ultimately passed. This bill became act 27 of 1870, an act to amend the Indian Penal Code. The provisions of this act appear In the penal code as section 124A and reads as follows : " Whoever by words, either spoken or intended to be read, or by signs, or by visible representation or otherwise, excites or attempts to excite feelings of disaffection to the Government established by law in British India, shall be punished with transportation for life or for any term, to which fine may be added, or for imprisonment for a term which may extend to three years, to which fine may be added, or with fine. » Justice of Peace Reports, p. 56. 2 Author of Stephen's Digest of Criminal Law (England). Cited passim. 284 SBDITIOK, " Explanation : Such a disapprobation of tlie measures of the Government as is compatible with a disposition to render obedience to the lawful authority of the Government, and to support the unlawful authority of th^ Government against unlawful attempts to subvert or resist that authority is not disaffec- tion. Therefore, the making of comments on the measures of the Government, with the intention of exciting only this species of disapprobation, is not an offense within this clause."^ This clause was in effect, as it stands quoted, until very recently, when more drastic measures for the suppression of sedition In India were promulgated. It is said" that some time in the early part of 1919 an amendment to the Indian Penal Code and the Code of Criminal Procedure of 1899 had been passed, as follows : Section 124A (quoted above) is to be followed immediately by this: " 124B. Whoever has in his possession any seditious document intending the same shall be published or circulated, shall, unless he proves that he had such document in his possession for a lawful purpose, be punished with imprisonment which may extend to two years, or with fine, or with both. " Explanation : For the purposes of this section the expression ' seditious document ' means any document containing any words, sign, or visible repre- sentation which Instigate or are likely to instigate, either directly or indirectly : "(ft) the use of criminal force against His Majesty or the Government es- tablished by law in British India, or against public servants or any individual public servant." This act has been violently attacked by certain factions in India. 3. Other acts.- — There are other numerous measures against sedition in India. The press and registration of books act (Act XXV of 1867) as amended by Act X of 1890 and by Acts III and X of 1914,' provides for licensing of ^printing establishments for periodicals and public newspapers and the rules under which the same must be published. A declaration must be made by the printer, setting out his place of business and a new declaration must be made out whenever a change Is made in the place of business or a new printer takes up the work. Copies of all books with illustrations, charts, maps, etc., shall be delivered to the Government within one calendar month of the first delivery from the press, and others may be required later. Any late edition of any book or any periodi- cal shall be delivered to the Government, The act provides penalties for failure to carry out any of Its provisions. The last part of the act provides for the registration of a memorandum of the title, author, place of publishing, date of issue, etc., and a translation into English If the book Is not in the English language. The dramatic performances act. Act XIX of 1876, as amended by Acts IV and V of 1914,* provide in subsection (6) of section 3, for the prohibition of dramatic performances " likely to excite feelings of disaffection to the Government established by law in British India " * * * Act V of 1898," which is now section 108 of the Criminal Procedure Code, provides for placing under bond anyone who, either orally or In writing, dis- seminates or attempts to disseminate, or In anywise abets the dissemination of any seditious matter, referring to section 124A° of the Indian Penal Code and Cognate offenses. In 1911 an act was passed called the " Prevention of seditious meetings act, 1911 ".' In this act power is given to the local Government to prescribe any meetings within the whole or any part of a Provlflce. Written notice shall be given of the time and place of the meeting likely to cause disturbance or public excitement, unless permission has been obtained in writing from the district magistrate or commissioner of police. The district magistrate or any magistrate may, by order in writing, send one or more police officers to take a report of the proceedings. The district magistrate or commissioner of police has the power to prohibit any public meeting in any proclaimed area if, in his opinion, such meeting is likely to promote sedition or disaffection, or cause a distrubance of the public tranquillity. Penalty of Imprisonment for six months, or of fine, or both, is 1 Stolses, Tlie Angle Indian Codes, vol. 1, pp. 137 138 ^ Surenda Karr, Nation, July 28 1919 (International Relations Suppl., p. 1021 et sea ^ 'Donogh, Hist, and Law of Sedition, App., p. 241 et seq "ft"-> y- ^^^^ er seq.). *Iliid., p. 250. » IWd., p. 254. » Supra. ' Donogh, Hist, and Law of Sedition, App., p. 255. SEDITION. 285 provided for any person concerned in the promotion of conduct of any meeting, or who delivers any lecture, address, or speech contrary to the provisions of this act. Several acts covering cognate ofCenses closely allied to sedition are "The Indian press act",* the " Nev?spapers (incitement to offenses) act"," and the " Criminal conspiracy act ".' (ft). Canada. 1. Criminal law. — The Revised Statutes set out the Sedition Law of Canada.* The first three sections under the heading of seditious ofEenses deal with un- lawful oaths, that is, oaths binding a man to commit some crime. These may not be, perhaps, seditious in character. " Seditious words are words expressive of seditious intention. A seditious libel is a libel expressive of seditious inten- tion. A seditious conspracy is an agreement between two or more persohs to carry into execution a seditious intention ".' The next section sets out what is not seditious ; i. e., for a man in good, faith to point out errors in measures or defects in government or justice. This sec- tion has, however, been bodily repealed by the act to amend the Criminal Code in 1919. The last three sections take up the penalties for speaking seditious words, libeling a foreign sovereign, or spreading false news to the injury of any public interest. 2. Act of 1919. — On July 7, 1919, Canada passed a drastic act against sedition as an amendment to the existing -criminal code.' The first section of the act defines what shall be considered as an unlawful assembly. The esserfce of this ofCense is the Intention to bring about by violence or threats of injury to persons or property, any governmental, Industrial, or economic change, or to advocate such injury or threats of Injury to persons or property. Property belonging to any association may be seized without warrant and forfeited. All officers or members of such associations are liable to imprisonment for not more than 20 years. Anyone attending any such meetings, publicly advocating such meetings or distributing literature of such association by circulation or mail, is prima facie regarded as a member of such unlawful association ; and any property owner who allows the use of his property for such unlawful meetings, is liable to a fine of not more than $5,000, and to imprisonment for not more than five years, or both. Section 97B of this act is as follows : ' (1) Any person who prints, publishes, edits. Issues, circulates, sells, or offers for sale or distribution any book, newspaper, periodical, pamphlet, picture, paper, circular, card, letter, writing, print, publication, or document of any kind In which is taught, advocated, advised or defended, or who shall in any manner teach, advocate or advise or defend the use, without authority of law, of force, violence, terro;rism, or physical injury to person or property, or threats of such injury, as a means of accomplishing any governmental Industrial or economic change, or otherwise, shall be guilty of an offense and liable to Imprisonment for not more than 20 years. (2) Any person who circulates or attempts to circulate or distribute ' any book, newspaper, periodical, pamphlet, picture, . paper, circular, card, letter, writing, print, publication, or- document of any kind as described in this section by mailing the same or causing the same to be mailed or posted in any Post Ofiice, letter box, or other mail receptacle in Canada, shall be guilty of an offense, and shall be liable to imprisonment for not more than 20 years. (3) Any person who imports into Canada from any other country, or at- tempts to import by or through any means whatsoever, any book, newspaper, periodical, pamphlet, picture, paper, circular, card, letter, writing, print, publi- cation, or document of any kind as described in this section, shall be guilty of an offense and shall be liable to imprisonment for not more than 20 years. 1 Donogh, Hist, and Law of Sedition, App., p. 262. 2 Ibid., p. 258. ' Ibid., p. 273. •iKevised Statutes of Canada (1906), c. 146, sees. 129-136. »Ibid., sec. 132. « Laws of 1919, c. 46, July 7, 1919. ' Statutes of Canada, 1919, c. 46, see. 97-B. 286 SEDITION. Subsection 4 provides that anyone^ in the employ of the Canadian Govern- ment may seize any of the articles set out and turn them over to the police. This statute has been passed so recently (July 7, 1919), that there is at th& present writing no reported case of any action under it, so that the actual interpretation and operation of the statute can not as yet be ascertained. Australia. 1. Commonwealth of Australia. — It seems that in according jurisdiction to the Commonwealth, the various States of Australia reserves to themselves the power and right to make criminal laws. Therefore, there Is no provision In the Constitution of the Commonwealth * in regard to treason or sedition. 2. Victoria. — Victoria is the only Australian State which does not provide against treason, sedition, or for offenses against the State.^ 3. Queensland. — The law on sedition in Queensland incorporates the main points of the treason felony act, 1848,' of Great Britain, together with the in- citement to mutiny act* the unlawful oaths act,' and an especial definition of sedition. This definition is contained in sections 44, 46, and 52 of the Criminal Code,* as follows : . 44. An Intention to effect any of the following purposes ; that is to say — (o) To bring the Sovereign into hatred or contempt; (6) to excite disaffection aginst the Sovereign or the Government or Constitution of the United Kingdom or of Queensland as by law established, or against either House of Parliament of the United Kingdom or of Queensland, or against the administration of justice; (c) to excite Her Majesty's subjects to attempt to procure the altera- tion of any matter in the State as by law established otherwise than by lawful means; (.d) to raise discontent or disaffection amongst Her Majesty's subjects; (e) to promote feelings of ill will and enmity between different classes of Her Majesty's subjects is a seditious intention, unless it is justified by the provisions of the next following section. 46. A seditious enterprise is an enterprise which is undertulien in order to the, carrying out of a seditious intention. Seditious words are words expressive of a seditious intention. The term " seditious writing " included anything Intended to be read, and any sign or visible representation, which is expressive of a seditious Intention. 52. Any person who — (1) Conspires with any person to carry into execution a seditious enterprise; or (2) advisedly publishes any seditious words or writ- ing is guilty of a misdemeanor and Is liable to imprisonment with hard labor for three years. 4. New South Wales. — Section 12 of Part II of the crimes act, 1909,' embodies the law of sedition (again, in this case, called treason felony) for Xew South Wales. " 12. Whosoever, within New South 'S^'ales or without, compasses, imagines, Invents, devises, or intends to deprive or depose Our Most Gracious Lady the Queen, her heirs, or successors from the style, honor, or royal name of the Imperial Crown of the United Kingdom, or of any other of Her Majesty's do- minions and countries, or to levy war against Her Majesty, her heirs, or suc- cessors, within any part of the United Kingdom or any other of Her Majesty's dominions, in order, by force or constraint, to compel her or them to change her or their measures or counsels, or in order to put any force or constraint upon, or in order to Intimidate or overawe both Houses or either House of the Parliament of the United Kingdom or the Parliament of New South Wnles, or to move or stir any foreigner or stranger with force to invade the United King- dom or any other of Her Majesty's dominions or couc tries under the obeisance of Her Majesty, her heirs, or successors, and expresses, utters, or declares such compassings, imaginations, inventions, devices, or intentions, or any of them by publishing any printing or writing or by open and advised spealilng, or by anV overt act or deed shall be liable to penal servitude for life." ' 63 and 64 Vict., c. 12. = 57 S°5?vfct l^l|o'^'<=*<»*^'^ Statutes (compiled) 1915, vol. 2, p. 1. * 37 Geo. 3, c. 76! »37 Geo. 3, c. 123. " The Queensland Statutes, Vol. VIII. dd 6866 ' No. 4 of 1900. ^'^ • SEDITION. 287 5. South Australia. — The law of South Australia on sedition is contained in the treason felony act of 1868," which has not been amended : " 2. If any person whatsoever shall compass, imagine, invent, devise, or in- tend to deprive or depose our Most Gracious Lady the Queen, her heirs or suc- cessors, from the style, honor, or royal name of the Imperial Crown of the United Kingdom or of any other of Her Majesty's dominions and countries, or to levy war against Her Majesty, her heirs or successors, within any part of the United Kingdom or any other of Her Majesty's dominions, in order by force or constraint to compel her or them to change her or their measures or counsels, or in order to put any force or constraint upon, or in order to intimi- date or overawe both Houses or either House of the Parliament of the United Kingdom, or the Parliament of this Province, or to move or stir any foreigner or stifanger with force to invade the United Kingdom or any other of Her Majesty's dominions or countries under the obeisance of Her Majesty, her heirs or suc- cessors, and such compassings, imaginations, inventions, devices, or intentions, or any of them, shall express, utter, or declare by publishing any printing or writing, or by open and advised speaking, or by any overt act or deed, every person so offending shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned and kept at hard labor for the term of his natural life, or for any term not less than six months." 6. West Australia- — In western Australia the consolidated criminal code sets out the offense of sedition in Chapter VII, sections 44 to 53. It is similar to the provisions for Queensland and the important sections bearing directly on sedition are here quoted : "44. An intention to effect any of the following purposes, that Is to say : "(a) To bring the sovereign into hatred and contempt; (&) to excite disaffec- tion against the sovereign, or the Government or Constitution of the United Kingdom, or of the Commonwealth of Australia, or of western Australia as by law established, or against either House of Parliament of the United Kingdom, of the Commonwealth of Australia, or of western Australia, or against the administration of justice; (c) to excite His Majesty's subjects to attempt to procure the alteration of any matter in the State as by law estab- lished otherwise than by lawful means; («J) to raise discontent or disaffection amongst His Majesty's subjects; (e) to promote feelings of ill will and enmity between different classes of His Majesty's subjects, is seditious intention, unless it is justified by the provisions of the next following section. 46. A seditious enterprise is an enterprise which is undertaken in order to the carrying out of a seditious Intention. Seditious words are words expressive of a seditious intention. The term " seditious writing " Includes anything intended to be read, and any sign or visible representation, which Is expressive of a seditious intention. 52t Any person who (1) conspires with any person to carry into execu- tion a sedititous enterprise; or (2) advisedly publishes any seditious words or writing; is guilty of a misdemeanor, and is liable to imprisonment with hard labor for three years. If he has been previously convicted of any such offense he is guilty of a crime, and is liable to imprisonment with hard labor for seven years. A prosecution for any of the offenses defined in this section must be begun within six months after the offense is committed. A person can not be convicted of any of the offenses defined In this section upon the uncorroborated testimony of one witness. 7. Tasmania. — The law in Tasmania is embodied in the treason felony act.' The statute follows: " 2. If any person within this colony compasses, Imagines, invents, devises, or intendes to deprive or depose Our Most Gracious Lady the Queen, her heirs or successors, from the style, honor, or royal name of the Imperial Crown of the United Kingdom, or of any other of Her Majesty's dominions and countries, or to levy war against Her Majesty, her heirs or successors, within any part of this colony, in order by force or constraint to compel her or them to change her on their measures or counsels, or in order to put any force or constraint upon or in order to intimidate or overawe both houses or either house of Parliament of the United Kingdom or of the Parliament of this colony, or to move or stir any foreigner or stranger with force to invade this colony -• No. 2 of 1868. = 32 Vict., No. 10. 288 SEDITION. or any other of Her Majesty's dominions or counties under the obeisance of Her Majesty, her heirs or successors, and such compassings, imaginatio>as, inventions, devices, or intentions, or any of them, shall express, utter, or declare by publishing any printing or writing or by any overt act or deec'., every person so oftending shall be guilty of felony, and being convicted thereof shall be liable, at the discretion of the court, to be imprisoned for life or for any term not exceeding 15 years." (d) New Zealand. Sections 115 to 120 of the crimes act of New Zealand' defines seditifous offenses. Section 118 sets out in full the definition of seditious offenses. "118. (1) A seditious intention is an intention (a) to bring into hatre4. or contempt, or to excite disaffection against, the person of His Majesty, or the Government or constitution of the United Kingdom, or of any part thereof, or either House of the Iinperial Parliiiraent, or the Government or constitution of New Zealand, or the Parliament tliereof, or the administration of justice; or (6) to incite His Majesty's subjects to attempt to procure otherwise than by lawful means the alteration of any matter affecting the constirution, laws, or Government of the United Kingdom or of New Zealand; or (o) to raise discontent or disaffection amongst His Majesty's subjects; or (d) to promote feelings of ill will and hostility between different classes of such subjects. "(2) No one shall be deemed to have a seditious intention only because, he intends in good faith (c) to show that His Majesty has been misled, or mistaken in his measures; or (f) to point out errors or defects in the Govern- jnent or constitution of the United Kingdom or of any part thereof, or of New Zealand, or in the administration of justice; or to incite His Majesty's sub- jects to attempt to procure by lawful means the alteration of any matter af- fecting the constitution, laws, or Government of the United Kingdom or of New Zealand; or (g) to point out in order to their removal matters producing 01' having a tenfloncy to produce feelings of hatred and ill will between differ- ent classes of His Majesty's subjects. "(3) Seditious words are words expressive of a seditious intention. "(4) A seditious libel is a libel expressive of a seditious intention. "(5) A seditious conspiracy is an agreement between two or more person,s to carry into execution ii seditious intention." Section 119 details the punishment and section 120 prohibits libel on sov- ereigns-of foreign States. (e) >Unioii of S-.utli \frica. In the Union of South Africa the offense of sedition appears bound up with the offense of riotous gatherings and incitements to public violence. It is more lis an incitement to public violence that one finds the law than as either treason- felony or sedition as in the other parts of the Empire. Chapter I of act No. 27 for the year 1914. in section 7, defines the law : " ' "7. A person shall be deemed to have committed the common-law offense of incitement to public violence if, in any place whatever he has acted or conducted himself in such a manner or has spoken or published such words that it might reasonably be expected that the natural and probable conse- quence of his act, conduct, speech, or publication would, under the circum- stances, be the commission of public violence by members of the public "^cn- erally or by persons in whose presence the act or conduct took place or to whom the speech or publication was addi'essed." There seems to be the idea of force conveyed in the statute It is however less direct in its application than in some of the Australian laws it is moise in harmony with the statements of judges in the ca.ses on sedition at commoB iaw which have been set out at some length in this article. » Consolidated Statutes, vol. 1, p. 592, etc 2 Statutes of the Union of South Africa, 1914, No. 27, sec. 7. Cornell University Library HV6285.A51920 Sedition.Hearing, Sixty-sixth Congress, 3 1924 002 310 138