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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Nov. 21, 1919)
17 IS BATED UNLAWFUL Direct Action Principle Dis cussed by Prosecutor. TALK GIVEN AS CITIZENS District-Attorney of Seattle Ad dresses League on Application of Espionage Act. TIIE MORXIXG OREGONIAX. FRIDAY, NOVEMBER 21, 1919. MEMBERSHIP V SEATTLE. Wash., Nov. 20. (Spc cial.) In his address before the Con stitutional Government league at a meeting: at noon today in the Masonic club. Arcade building. United States XMstrict Attorney Robert C. Saunders declared: "When it is clear, as I think it is, that the object ot the I. W. W. is to gain political power and overthrow the government by first gaining pos session of the wealth of the nation, then any subscription to the principles of the I. W. W. is a violation of the eMjionage act as written, and anyone -who proves himself to be one of that body and to subscribe to its principles has committed an offense against the nation and is prosecutable by the fed eral authorities." Talk Given a Citizen. Mr. Saunders declared that he spoke today, not as the United States district attorney, but as a citizen and member of the bar. His address in part fol lows: 'l want to say clearly so that no bod v can misunderstand me that I appear here at this time and under thnse circumstances as a citizen and a member of the bar of this county, and not as United States district at torney in my official capacity. An swer) na for the attitude of the de partment of justice or expressing the legal viewa of myself as an officer the differential that I know of will De difficult. Further, the address is pre cisely what it is said to be, 'direct action and the constitution,' meaning thereby the federal constitution and its relation to the general theory and doctrine of direct action. Inconsistency Pointed Out. "As a lawyer and as a citizen I hold the two are inconsistent that t here is no constitutional protection for the doctrine of direct action. I know that apparently this view is in opposition to the decided cases, but on thought and reflection conflict is more superficial than profound. "Many things must be accepted as the postulate of this address with out dissertation at argumentation or exposition.- Among others that we have a federal constitution, the fun damental law, the law of the land, the law of laws to which all other laws are judiciously referred for comparison and protection as to their validity and force. Political Power Held Goal. "Now direct action is a contradic tion directly. The repudiation of law, including the constitution, swings out in space as a law unto itself. The confusing point of debate is that direct action is said to be an economic and not a political weapon. "1, as a lawyer, hold the contrary; that it is primarily a political weapon, whereby law is to be set aside and nullified, including the federal con stitution, and political power is tirasped and exercised by political force. "At this point it is well clearly to bring to the mind what is known to every lawyer, but not always to every layman, the difference between the federal constitution and these con stitutions which the several states have enacted. The federal constitu tion comprises the fundamentals of basic power by the people. State Constitution Kxplaincn. -The state constitutions are a lim itation on the powers of the people, Imposed by themselves, for the pur pose of restraining excesses in the exercise of power by those who hap ' pen to be entrusted with power for the time. "With all of these distinctions in mind. I am still unhesitatingly of the opinion that an understood doctrine of the 1. W. W. being employment of direct action, it is the intention to set force against the government and its constitutions and to overturn both, although It may appear to be only a force to assault economic force against the so-called classes and not primarily against the government. "Vet, when it is clear, as I think it is, that the objective of the force is to gain political power and over turn the government by first gaining possession of the wealth of the na tion, then any subscription to the principles of I. W. W.ism is a viola tion of the espionage act as written find anyone who proves himself to be one of that body and to subscribe to its principles has committed an of -fente against the nation and Is pros ecutable by the federal authorities. "All of these assaults, however, manifested from the Centralia In cident and doctrine of direct action point to but one conclusion an inten tion to overturn the government by lorce." DEATH CHAMBER SAVED Vac of Kitchen at Prison Hinges on Penalty Revival. SALEM, Or., Nov. 20. (Special.) Urcause f the agitation started by l'ortland Post. American Legion, and other Oregon organizations for the restoration of capital punishment In this state, the plans of Warden R, JUte Steiner of the penitentiary to con vert the death chamber t ito a prison kitchen probably will be abandoned This, the officials say, will forestal the work and expense of providing new quarters for hangings in the event the proposed capital pumshmen measure is approved by the voters . The death chamber is now intact according to the officials, with the exception of the ropes used in the executions and the equipment neces sary in springing the traps. REEDSPORTVOTES BONDS Vote Unanimous for Construction of Water System. MAKSHF1ELD, Or.. Xot. 20. (Spe rial.) The city of Reedsport. at a re cent election held to adopt a charte and to bond the city for a municipal water system, probably made a unlou record when every elector of the 16 voted for both proposals. The watei system had been provided for a num ber of years agro by Warren P. 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