The Nonpartisan Leader Newspaper, November 10, 1919, Page 13

- [ What and When Is Free Speéch? - War Can Not Washington Bureau, Nenpartisan Leader. DEFENSE of the right of freedom of speech and of the press, uttered in cautious language by Justice John Woodward ;i of the appellate division of the third department, in a speech on the league of nations made to the students of the law school at Albany, N. Y., has been printed in the Con- gressional Record. Justice Woodward calls attention to the first amendment to the Consti- tution, and to the fact that even dur- ing the Civil war the principle set down by the great Judge Cooley was not questioned, that it is a more sa- cred right to be able to discuss public questions during a war than during peace time. : “Then came this war,” said Justice Woodward, “and the sedition act was passed, by which it was sought to prevent people discussing war meas- ures adversely to the government. Men were indicted and placed on trial for saying that they did not believe in a conscripted army, or that they believed that the conscription law should be repealed, or that, in their judgment, the only sort of an army that should be raised in the United States was a volunteer army, and when the case was made out against them the district judge, in some cases, held that-the citizen was within his rights, and dismissed the indictment. “Then, to meet these decisions, At- torney General Gregory prepared an act, which congress passed, which provided that an wutterance of that character might be submitted to a jury, for the jury to say whether or not the effect of such utterance would tend to interfere with the draft or discourage enlistment. If the jury said it would do that, then it was se- _dition, and the person who said the things could be convicted, although guilty of no overt act against the government, and guilty of nothing ex- cept the expression of his opinion about pertinent questions during a period of war. “Through such convictions hundreds of citizens were sent to prison. Many are there now, and others are out on bail. ‘I do not say this to criticize the government. “I am only telling you the facts, so that you may know exactly the conditions under which you live in this respect. And it is not going too far to say that the right of free speech Abridge Right of Free Speech and Free Press, Declares Federal Judge during the war has been abrogated in this eountry, and it is undoubtedly true that our Constitution has been limited in"sueh a way that there is no longer a right of free speech in war time. “It will be for men of your genera- tion to say whether society is so con- stituted that the privilege of free speech can not be safely given to the people, either in war or peace, for at the present time, in the effort to sup- press the dissemination of certain political doctrines, it is proposed se- riously to limit the freedom of speech in times of peace. I do not say that they ought not to he deprived of it to some extent, or that limitation should not be placed on it, but it ought to be done with a perfect understand- ing of what is being done. “The writ of habeas corpus is not of any use except when the citizen is reduced to a minority of one and is put in jail and locked up and deprived of his liberty, and if he can not get a writ of habeas corpus, then that writ is a failure. That is what. this writ is for. “It is the.same with free speech. Free speech did not mean, and a free press did not mean, originally, that you had a right, when times were absolutely placid and nothing was going on, and nobody was interested in what you said, to say something. (Laughter.) It did not mean any- think like that.” It meant that in the greatest crises of human affairs, when great movements were on, and the world was moving in one direction or the other, that a man had a right to give his contribution to the forces that were moving it. “When it said that you had a right to assemble freely'in your communi- ties and petition the government, it did not mean that when you did not have anything to petition the govern- ment,: about and there was not any- thing that anybody was interested in, you could have a meeting in this hall and petition the government. Nobody would knew what to petition for. That is no privilege. It is when you have a wrong and a grievance, and when the government is doing some- thing you do not like, and things are’ happening in the world that do not suit you, that is when you want to _petition to the government and appeal to it, and if you can not petition it then and if you can not assemble then, that right, which was supposed to be guar- anteed by this great charter of liberty, is no right at all.” Farmers’ Bank at Fargo Is Reopened (Continued from page 4) ation of this official, has disclosed an ability to comply with all lawful or- ders of the banking authorities of this state; that in accordance with his re- port, said bank is not only solvent, but retains both its original capital and surplus unimpaired, as well as some undivided profits. The interests of this state and the credit of its finan- cial institutions at home and abroad have been needlessly jeopardized and © public alarm has been ™needlessly created.” Justice Robinson said: “The proceedings against the bank were commenced and conducted in a hostile and unfriendly spirit, with needless force, high-priced attorneys and accountants, regardless of ex- pense, and defendants proceeded to take possession of the bank and give out reports detrimental to it-and its stockholders. “In six days after the examiner took possession, his report to the court shows that the bank is not insolvent; that it has in cash $350,000; and that on paper which the defendants rated as not bank- able, the examiner has collected $169,000. © The report of the ex- aminer shows that the bank is sol- vent and that it is well prepared to do business. “Now it appears that the bank is not insolvent and, on the contrary, its solvency is fully assured and the de- fendants have no right to insist that they be permitted to wreck it. Indeed they have no legal interest in the mat- ter; they have no rights to protect. They represent neither the. bank nor its creditors,” depositors or stock- holders; neither the state nor the pub- lic welfare. Hence the judgment of this court is and must be to the ef- fect that the bank be restored to the full right to do and transact its or- dinary business without let or hin- drance, and that all proceedings against it be dismissed with costs?” In addition to the $10,000 in mort- gage bonds reported missing from the U 7 it l’r , Health Heated Farm Home ) “ b‘“ MORE “than “one-third “of "every ° //////%/?/]/—\ {year is spent indoors with the LT windows all tightly closed.~ Unless the heating system automatically cir- i ‘culates and refreshens the air, you are {risking the health, vitality and com- fort of yourfamily. The safeand tix'ac-- tical heating system to install is the) downin the basement. The Life Saver gives true Health Heat—an ample volume of prop- * erly warmed, pure; moist air. The Life Saver @oes not ruin the piano, crack the furniture ignd breed disease by drying out the membranes and delicate tissues of the human gystem. 101d- style cast iron furnacesy emaller at the bottom than at the top, are in- lefficient in design, becaus:e:ixey admit a larger amount of cold air than can ssibly find passage between the upper part of the furnace and the casing. When the owner crowds the furnace to make the house comfortable, the ge- sult is forced draft and congestion, causing the airto be fried instead of ‘delivered to the rooms warm and moist. There never has been an excuse for a dirty; inefficient stove on a $50 rug since basements were invented. e Life Saver removes all the stove muss a: bother from the living rooms and assures an au:file su %Lyt of e bo& Health Heat, as we dexéxonsltrate conclus_ivel}; in 1018 Murphy st., that will be sent immediately upon receipt of coupon. \There is a furnace for every requirement e et Hooitt, T in the Wrot Iron line—twelve styles My houss 18, . o ¢« o sTOOMS ‘and seventy-ninesizes:. 00 ¥ ... stories. 2 Ground size.....by..... foet, Donald B, Howard Heater Co. R A e ; nes Holna’ Iowa i B ;;.. tesessianes . : Tive .a‘dznm’i:z oben ‘tefritory shiculd ‘wrtte o : wire w The letters of the alphabet are numbered: Afs1; B2;: C38; D4, and 8o on. The figures in the little squares tg the left represent four words. (20 {s the fetter ““T"’). Whatare four words? Can you work it out? If so, send your answer quick. Surely you ‘want this fine, new Ford auto. Send no meney with solution. 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