16 N.Y. Crim. 105 | New York Court of Special Session | 1901
When the men framed the Penal Code of the State of New York, they undertook to specify all the crimes known to the law, to state their character, whether felonies or misdemeanors, and provide a penalty in each class of crimes by naming a minimum and maximum penalty in most cases. Tlie attempt to thus codify the criminal law was declared by many able jurists an impossible undertaking. It was argued that the system of laws called the common law was the accumulated wisdom of ages, that it was flexible and able to adapt itself to every new manifestation of crime that might appear, keeping within the spirit of established principles of justice, hut always able to cope with any form of crime that might develop. That there was great force to' this objection was felt- by the codifiers and by all jurists. They knew the infirmity of language and the fallibility of the human intellect in undertaking to define in precise
“A person who willfully and "wrongfully commits any act which seriously injures the person or property of another, or which seriously disturbs or endangers the pnblic peace or health, or which openly outrages public decency, for which no other punishment is expressly prescribed by this code, is guilty of a misdemeanor. ...”
The plain and obvious intent of this was to leave in the Cede a little of the flexibility of the common law to meet eases which they had failed to specify in the preceding sections. That the words of this section are general is just what might be expected from the nature of the case. The p-urpose of the section is to try offenders for something not “expressly prescribed by this Code.” If the offense was one expressly prescribed by the Code, then clearly the offender must he tried under the section prescribing it. It is only offenses not prescribed in the Code that can be tried under this section. This section, is the legislative mandate and warrant for courts to look outside of all the other sections of the Code to- discover offenses not specified in the Code. Otherwise the section is meaningless. It is fair to presume that the Legislature thought that crimes would crop up> that would “seriously injure the person or property of another,” or “seriously disturb or endanger the public peace,” or “openly outrage public decency,” that were not mentioned in the body of the Code, and so this commission was issued to' the courts ten explore such new fields of crime as they may appear from time "ton time.
We hold that the teachings of the doctrine of anarchy “seriously disturb or endanger the public peace.” and also: “openly outrage public decency.” To- give this construction to- the law in no way abridges the liberty of conscience in matters of religion, nor the freedom of speech on all questions of government or of social life, nor does it in any way trespass upon the proper freedom of the press. The point and pith of the offense of anarchists is that they teach the doctrine that the pistol, the dagger and dynamite may be used to destroy rulers. The teacMug of such horrid methods of reaching an end is the offense. It is poor satisfaction when one of their dupes has consummated the results of their teaching to catch him and visit upon him the consequences of his acts. The evil is untouched if we stop there. In this class of cases the courts and the public have too. long overlooked the fact that crimes and offenses are commited by written or spoken words. We have been punisMng offenders in other lines for words spoken or written without waiting for an overt act of injury to persons or property. The press is restrained by the law of libel from the too free use of words. Individuals can he punished for words spoken or written, even though no- overt-act of physical injury follow. It is the power of words that is
If our conclusions are sound, it is the teachers of the doctrine who can and ought to be punished. It'is not necessary to trace and establish the connection between the teaching of anarchy and a particular crime of an overt nature.
It is a strange spectacle in this age for a great nation to stand mute and paralyzed in the presence of teachers of crime that are advocated only for the purpose of destroying such nation, and it have no power to defend against such internal enemies. We do not believe the arm of the law is- too short to reach those offenders against the life of the nation or too paralyzed to deal with them. The liberty of conscience, the freedom of speech, the freedom of the press, do not need such concessions to save to the fullest extent unimpaired those sacreid rights of a free people.
In the case a,t bar every fact stated in the information was conceded on the trial. The article published in the newspaper called the Freiheit, annexed to the information, was printed in the German language, but the translation of it was admitted by the defendant to' he correct. It was also admitted that the paper was published and circulated in the city and county of Hew York, and that on the 7th day of September, 1901, the date
The article was the leading one on- the editorial page of the paper, and it is headed “Murder vs. Murder” in display type. The article begins: “As Heinzen said, nearly fifty years ago (this is true even- to-day), there are various technical expressions for the important manipulation by which one human, being destroys the life of another.- These expressions are: Ho- kill, to destroy, to- murder, to' shoot, to- slay, to- poison, to put out of the world, deport to Cayenne, get out of the way, to behead, to-strangle, to cut down, to be killed by the sword, to execute by shooting, to imprison for life, to execute, &c.’ The means, the pretext and the reasons are various, but the purpo-se i-s always the same. The destruction of a, life that is hostile or a hindrance. “ It would be a senseless weakness to disguise by sentimental lamentations the frightful fact that the best means of historical development h-a-s been murder, and in. fact murder in the most colossal shape-, and this is still true. . . . Let murder be our study, murder in every form. In, this one word lies more humanity than, in all our theories. . . . The despots are outlawed; they are in- human society wh'at the tiger is among animals; to- spare them is a, crime. As despots per
The above are a few extracts from the translation of the article in question. It is impossible to read the whole article without deducing from it the doctrine that all rulers are enemies of mankind, and are to be hunted and destroyed through “blood and iron, poison and dynamite.” It is no answer to the evil and criminal nature of this article to- claim that it was written for the purpose of destroying crowned heads. It inculcates and enforces the idea that murder is the proper remedy to be applied against rulers. The fact that it Was published fifty years ago and again republished about fifteen years ago only emphasizes
Such article and doctrines have no proper place in this free country. They stimulate the worst possible political ideas and passions, and carried to their logical conclusion would destroy the government. It was said by a distinguished English judge, in the celebrated Somerset slave case, that “ Ho slave can breathe the free air of England.” It would be well if the laws of this country were such that it could be said truthfully, that no anarchist can breathe the free air of America.
Holbrook and Wyatt, JJ., concur.