252 F. 933 | D. Mont. | 1918
Act Cong. Feb. 14, 1917, c. 64, 39 Stat. 919, provides:
“That any person who knowingly and willfully deposits or causes to be deposited for conveyance in the mail or for delivery from any postoffice or by any letter carrier any letter, paper, writing, print, missive, or document containing any threat to take the life of or to inflict bodily harm upon the President of the United States, or who knowingly and willfully otherwise makes any such threat against the President, shall upon conviction be fined not exceeding $1,000 or imprisoned not exceeding five years, or both.”
“knowingly and willfully, unlawfully and feloniously, did make a threat to take the life of and to inflict bodily harm upon the President of the United States, said threat being then and there uttered and spoken by the said William Metedor!! in words and substance as follows, to wit: ‘If I got hold of President Wilson (meaning Woodrow Wilson, the President of the United States), I would shoot him’ — contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United Si ates of America.”
Arraigned, defendant, electing to plead before securing counsel, pleaded not guilty. A day for trial was set. Rater defendant sent a message to the court that he was unable to procure counsel. Thereupon the court appointed two gentlemen whose ability and fidelity to the best traditions of the great profession have long since elevated them to leadership, with all the material rewards, esteem, and prestige the term implies. This not alone to serve defendant and the administration of justice, but also to emphasize the duty of the bar therein at a time when there is a disposition no more surprising in its character than in the quarter of its origin, if not to deny those accused of violation of war legislation, more especially the Espionage Raw, any counsel, at least to restrict them to the lesser members of the bar, and in addition to virtually deny bail; and also to set the seal of judicial condemnation upon this infringement of constitutional rights.
The plea of not guilty has been withdrawn, and a demurrer to the indictment interposed, upon the ground that the latter “is insufficient in law upon its face in this: That it does not charge a public offense.” The demurrer has been argued with thoroughness and ability. In behalf of defendant it is contended: (1) The statute, though in general terms, must be construed to apply to threats against the Presi-den! in his public character and capacity only, for that, if intended to apply to threats against the President in his private character and capacity, it is without the power of Congress and unconstitutional. (2) This established, the indictment is insufficient, for that it does not charge the defendant threatened the President in his public character and capacity. (3) The language alleged docs not in any event constitute a threat within the statute.
Before the federal Constitution and Union of states, the rights and duties of our people were (1) inherent, as affirmed by the Declaration of Independence, and (2) created by the laws of the states. All power to protect the people therein was vested in the states. Each state had complete and exclusive jurisdiction within its borders, and no jurisdiction without them. For mutiial benefit the states adopted the federal Constitution and perfected the Union. Therein they ceded part only of their power to the United States, reserving to themselves all not ceded. They vested the United States with some power,
Amongst the powers so vested in the United States is that to provide itself with officers. Therefrom is implied the power in the United States to protect its officers as such, a power necessarily inherent in all governments, to conduct their affairs, to- protect their agents, to preserve the government. This implied power extends no farther than necessary and appropriate, viz. to protect officers from injury on account of official action contemplated, in performance or performed, and, it is ventured, on account of official incumbency. In brief, the United States has inherent power to prohibit and punish injury to its officers, when the injury is incited and inflicted xbecause they are officers; and this, because the injury is the United States. In personal character and capacity, however, officers of the Upited States, including the President, the chief executive officer, are no more than other men. They have no more rights and duties than other men. They stand before all laws as other men. Like other men, for protection in their _ personal character and capacity, for protection of their rights, privileges, and immunities, that are not created by nor dependent upon the Constitution,, within the states, they must look to state power alone, for the United States has none. Personal security is an inherent right antedating the Constitution, neither created by nor dependent upon the Constitution, and is of the power and duty of the states to ensure to every one within their borders. The states ceded none of this power to the United States, they reserved it wholly to themselves, and it is theirs to this day. Any invasion of this personal security is an offense against the state only. Hence the United States has no power to prohibit and punish assault or murder of or threats against individuals generally within the states, but only in cases of the like in relation to its officers as such, and in relation to individuals as beneficiaries of some right or immunity created by or dependent on the federal Constitution.
To these latter ends, Congress has enacted several statutes (sections 19, 20, 21, 62, 65, Penal Code, Act March 4, 1909, c. 321, 35 Stat. 1092, 1100 [Comp. St. 1916, §§ 10183-10185, 10230, 10233]), but this of the instant case is the first expressly designed to afford protection in any particular to the person of the President. It is noteworthy that there is no federal statute denouncing the offense of murder of the President, or any other federal officer, within the states. The presumption is that statutes are constitutional, that Congress
The possibility that the contingency may happen, and the present intent be executed, the possible consequences to the President, is the evil at which the statute is aimed, and which is the gist of the offense. “After a trip to the moon I will kill you” is not a threat, because the contingency upon which execution of the threat is based is impossible. “After a trip to Butte I will kill you” is a threat, for contrary reason. “If A. tells me to kill B., I will do so,” is a threat. “If I some time form an intent to kill B., I will do so,” is not a threat, because of absence of present intent. Ambiguous words may constitute a threat, but must be alleged with innuendo. This to satisfy the rules of.pleading hereinbefore referred to.
The demurrer is sustained.
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