BolshevismCapitalismCominternCommunismKronstadtLeninPrivate PropertySocialismSovietStrikeSyndicalismViolenceWorkers MovementWorking Class

61 60 THE WORKERS COUNCIL THE WORKERS COUNCIL May 15, 1921 MAY 15, 1921 against the enemy. Herein lies the great progress counter revolution is more arrogantly sure of its that has been made. The March uprising is the power than ever before. Only the batallions of the first step, deficient, of course, in many vital features, revolution are weakened and broken and their ranks but it is the first step on the path along which the thrown into confusion. The offensive of which our will lead the German working class into the comrades of the Executive speak with so much revolutionary offensive.
pride is but a weakly infant, that seems to be inWhat are the real facts concerning this offensive fested with all the infantile diseases of Comand the strengthening of its revolutionary motive munism.
power? The Kommunistische Arbeiter Zeitung In Italy the Fascisti, personified counter revolu(Berlin. the organ of the writes in an tion, are complete masters of the situation. In Ger article on The Lessons of the March Uprising. many Stinnes and Company and their capitalistic But we must recognize that German capitalism is brethren are increasing in power and firmness from to day in a position far more so than it was a year day to day. Bolshevist Germany is becoming ago to meet the attacks of the proletariat with a more and more unlikely, and the solid ranks of Comwell prepared and consistently carried out counter munism are beginning to waver.
offensive. The welding of the entire counter revo As yet little has, however, been lost. The stupidity lutionary mass has become an accomplished fact. of the counter revolutionary powers and the treachery It may be stated in justice to the German Syndical of the secretly counter revolutionary socialist tools ists that they and their organ, Der Syndikalist, were of capital will finally force the masses into the most emphatically opposed to the action and ranks of the Communist movement in spite of all attacked it just as vigorously as Clara Zetkin, Paul the mistakes it may make.
Levi and others.
That is the only ray of light in these disheartCapitalism stands more firmly intrenched, and ening times.
Class Justice in the Courts By JOHN REYNOLDS number of decisions in both the state and federal prisonment of the more active spirits in the radical courts within the last year in cases affecting the labor movement.
movement have proven with startling emphasis the The Espionage Act was followed shortly by the oft repeated assertion of radicals that the courts in criminal syndicalism laws now existing in 35 states, the United States are capitalist institutions, and that whose indisguished purpose is to crush the attempt instead of the law affording equal protection for all, of the workers to supplant our present economic their function is chiefly to protect the rights of private system with another. Illustrations are numerous not property.
only of individual cases but of whole classes of cases, The courts in earlier cases, especially in that such as the syndicalist and deportation cases whose historical time known as before the war while de aim is to suppress the rising movement of protest.
ciding against labor as a rule, embellished the adverse The courts lend themselves as a willing instrument ruling with so many pious phrases about freedom towards this end. The complete change of their stand of contract, constitutional rights, equal protec in injunction cases is indictative of the spirit which tion, equal opportunity, etc. that not only was the prevails. After a century of struggle to legalize comissue obscured as far as the general public was con binations of workers for the betterment of their concerned, but the ranks of labor seemed equally hyp: ditions, and recognition of the strike and picketing notised by these fine words; in fact so firmly rooted as a legitimate weapon, the hands of time turn back was the conviction that at the bar of justice labor and we find the courts coming back to the old preand capital stood on an equal footing, that only a cedents forbidding, picketing, thus making the strike very small portion of the labor movement was con practically ineffective. In addition, deportation hangs scious of the antagonism of the judiciary.
as a Sword of Damocles over the head of the foreign Concessions were occasionally wrung from re worker, when engaged in activities not to the liking luctant legislatores in the way of ameliorative meas of the employers. More than 50 per cent. of the inures such as the workmen compensation laws, safety dustrial workers are foreign. devises, child labor restrictions, etc. only to have It is becoming more and more plain that the them declared unconstitutional. It is noteworthy that phrases American institutions as used in judicial it was not until organized labor had acquired sufficient terminology means not the particular form of goveconomic power to insist on these measures that the ernment which we have, but the economic system stand of the courts changed and that they were later whereby a few individuals are permitted to exploit declared valid.
the masses of the nation for their own private profit.
While rebuffs were frequent, labor entered each This latter interpretation is not as a rule frankly new contest in the courts with renewed hope and ex expressed but the thought lurks behind all the learned pectation. The Espionage Act, however, and its prattle with which the true meaning of the decision numerous convictions of persons whose only offense is obscured. It is not often that judges are as frank was an active interest in the labor movement, served as was Judge VanSiclen in the case of Schwartz and to convince many doubters of the class bias of the Jaffe vers. Amalgamated Clothing Workers, where the courts. Ostensibly these convictions were for viola court says: tions of the war statutes but their effect was the im They (the courts) must stand at all times as the representatives of capital, of captains of industry, confirms the contentions of the revolutionary workers devoted to the principle of individual initiative, pro and enables them to bring more vividly to the attentect property and persons from violence and de tion of those not so well informed, the true nature struction, strongly opposed to all schemes for the of the struggle.
nationalization of industry.
The learned court in the Gitlow case admits that PROVISIONS OF THE ANGLO RUSSIAN TRADE AGREEMENT PUT INTO EFFECT BY SOVIET the thing to be feared is not so much force and DECREE violence as sufficient organization to produce a general The Izvestia, of Moscow, April 13, publishes a destrike and although force and violence were not ex cree of the Council of People Commissars of April 11 pressly advocated it must be assumed that this is what which is designed to put into effect the various provisions the defendants intended. The American right to acof the Anglo Russian trade agreement. In this decree the Council of People Commissars instructs the respective cumulate private property must be protected at all Commissariats to take the necessary measures to carry out costs! It is refreshing to have the issue at last cleared the provisions of the trade agreement. The Commissariat for now the workers cannot but begin to understand of Naval Affairs is instructed to open to the foreign comthe nature of the situation with which they are conmercial vessels the White Sea ports and the ports of Murmansk, Sevastopol, Feodosia and Novorossick, and likefronted.
wise, after the channels have been cleared of mines, the It is true that the courts sometime are led into ports of Kronstadt, Genitchesk, Mariupol and Rostov. The apparently embarassing contradictions in their en Commissariat is ordered to clear the mines from the chandeavors to protect property interests at all times as nels to these ports at once and to mark them with proper buoys and signs for navigation and to make the necessary opposed to human aspirations, but such inconsistencies arrangements for commercial vessels to approach these are cast aside in the former interest. Two striking ports.
illustrations of these inconsistencies have been brought The decree instructs the People Commissariat of the to the attention of the public not so long ago. It will Interior to adopt necessary measures for the immediate be remembered that the Lever Act was effectively repatriation of British subjects in Russia. The Commissariat is also instructed to arrange for the personal facilused to crush the strike of the coal miners in Novemities and privileges to be extended, according to Article ber, 1919. In March, 1921, this same act was de of the trade agreement, to the official agents of the British clared unconstitutional in a prosecution for pro Government in Soviet Russia, and to adopt measures for fiteering. vers. Cohen Grocery Co. on the the exact observance of these rules by the local authorities. The Commissariat is ordered to make rules in conground that the act failed to fix the standard of guilt.
junction with the other Commissariats for the exemption There was ry reason to believe that there would of goods of British: origin from requisition in Soviet Rusbe a reversal of the conviction of the 166 members sia, as provided by the trade agreement. The Commisof the convicted in Chicago on the ground sariat is also instructed to arrange for the privileges, rights and facilities to be extended to British commercial vessels that the documents introduced in evidence were ilentering Russian harbors, and to British subjects admitted legally seized. There was ample ground for this be into Russian territory, as provided in the trade agreement, lief in view of the fact that two cases had been de and to issue instructions to the local authorities explaining cided that way. these rules. Finally, this Commissariat is ordered to establish regulations for the sojourn of British citizens One case emphatically held that a corporation must on Russian territory and to arrange the conditions and be protected against unlawful search and seizure and rules for the certification of documents for the purpose of the other applied the same rule to an individual who carrying out trade relations between the two countries, The Commissariat of Foreign Trade is instructed to was being prosecuted for conspiracy to defraud the revoke the prohibition against the shipment of goods to United States of some money. No opinion was ren Great Britain and to adopt all necessary measures for the dered by the court in denying the writ of certiorari resumption of trade with Great Britain, such as facilities in the cases.
in ports, warehouses, Custom Houses, railways, etc. The The struggle to substitute the outworn capitalist Commissariat is instructed to arrange for the immediate dispatch of Russian trade representatives to Great Britain.
system for the new Communist society will necessarily It is instructed also to make the necessary rules for those be a better one and must be fought out on many fields. facilities which are to be accorded British citizens in Russia One of the important fields of struggle is the courts, by the trade agreement for the possession of articles of no less important for its propaganda and educational household and personal use.
The Commissariat of Post and Telegraph is instructed value than the contests on the economic field. The to put into effect the provision of the trade agreement rechance of success in the courts with a capitalist judge establishing postal, telegraph and radio communication and jury no less remote than the possibility of win between Great Britain and Russia.
ning a strike during a time of unemployment and The Supreme Council of Public Economy is instructed to take steps to determine the quantity and proportion of economic depression. The probability of labor achievgoods belonging to British citizens which have been taken ing victories on either the economic or political fields under control by the Soviet Government, to which referor in decisions in courts naturally increases as the ence is made in the Declaration of Recognition of Claims economic power of the worker increases.
annexed to the trade agreement.
Finally this decree, which is signed by Lenin as chairWhile the open shop onslaught and the attack by man of the Council of People Commissars, directs all the courts may temporarily handicap the revolutionary various Commissariats to submit drafts of such additional labor movement the result will ultimately be beneficial measures as may be necessary for the successful carrying for it will compel labor to evolve methods better fitted out of he trade agreement, to cope with present conditions, Communism Grows in Near East The cases in the courts should and must be fought The first national congress of Communists was refor each defeat is a victory in that it emphasises and cently held in Bokhara. It was decided to affiliate with the Communist International, and the President of the Coun Silverthorne Lumber Co. 251, 385, de cii of Nazirs (Commissars) was sent to Moscow to perfect cided January, 1920. Gouled decided March 12, the organization of a Bokhara section of the Third Inter1921)
national.