Page:The Green Bag (1889–1914), Volume 14.pdf/72

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The

Green

Published Monthlv at $4.00 per Annum.

Bag.

Single Numbers 50 Cents.

Communications in regard to the contents of the Magazine should be addressed to the Editor, Thos. Tileston BALDWIN, 1038 Exchange Building, Boston, Mass. The Editor will be glad to receive contributions of articles of moderate length upon subjects of in terest to the profession; also anything in the way of legal antiquities or curiosities, facetia, anecdotes, etc. The expected has happened, and a raft of bills dealing with anarchy and its doings has been introduced in Congress. They serve at least to point out both the necessity of some legislation and the difficulty of framing a safe and effective act. Picturesque suggestions, such as that of Senator Hoar of deporting anarchists to some distant island where they might live by themselves, unhampered by any form of govern ment, add an unexpected touch of humor to an otherwise serious subject, but hardly help in the solution of the problem. Some few things, however, seem clear. The Federal government, rather than the States, should punish crimes of violence against the President or other high Federal officers. The subject can be fully dealt with under Federal statutes, and it would be unwise to enlarge the constitutional definition of treason to include this class of crimes. The punishments should be swift and severe, but should avoid any un wise severity which would create sympathy for the criminals. Amendment of the immigration laws, with a view to shutting out foreign anar chists, would be desirable, if such restriction could be made effective, but, practically, little can be done in this line that would be effective. To define an anarchist presents serious legal difficulties; it is better, therefore, not to attempt to legislate against a class, but to specify certain acts as punishable. Abhorrent and full of danger as are the crimes laid at the door of anarchy, it is essential to remember, in framing repressive legislation, that any real abridgment of freedom of speech or of the press carries even more peril to our institutions. And at the present time, when so many of us find it easy to deny, at least to another people, the " inalienable rights " which lie at the foundation of our form

of government, it is more than ever important that our constitutional rights should be guarded jealously. One of the sanest bills is that drawn by Hon. Iidgar Aldrich, United States District Judge for New Hampshire and introduced in the Senate by Senator Gallinger, and entitled " a bill to pro tect the President, Vice-President, persons in the line of Presidential succession, and ambassadors and foreign ministers." (S. 1552, 57th Con gress, 1 st Session.) This bill provides the penalty of death in the following cases : for in tentionally killing, or intentionally by word or print inciting others to kill and by such means causing others to kill, any of the persons above named; for assault with intent to kill upon the President, Vice-President, and persons in the line of Presidential succession; and for associating together or assembling for the purpose of dis cussing and considering means for killing any person charged with the duty of executing Fed eral laws, or any head of a foreign state, or any ambassador or minister of a foreign country resident in the United States. And it provides imprisonment in the following cases : for threat ening to kill any of the persons named in the title of the bill, or for assault upon any ambas sador or foreign minister, imprisonment for not exceeding thirty years; for expressly, openly and deliberately approving the intentional, vio lent and unlawful killing of any of such persons, imprisonment for not exceeding twenty years; and for openly and deliberately advocating the violent overthrow of all government and de claring against the enforcement of any and all law, imprisonment for not exceeding ten years. In the main the provisions of this bill are ex cellent. It is well to accord to foreign ambas sadors and ministers resident here the same protection that is, or should be, thrown about the President and those who are in the line of Presidential succession. Might it not also be