criminal syndicalism and oregon criminal syndicalism statute

The Oregon Criminal Syndicalism Statute of 1921 (1921 Or Laws, ch. 34), consisted of four sections. The first section defined "criminal syndicalism"; the second defined "sabotage"; the third, by far the longest, described three activities in detail that were prohibited under the law, with penalties; and the fourth spoke of penalties for those building owners who allowed their structures to be used for meetings of the syndicalists. I won't give all the words, but I will provide enough to give the flavor of the statute:

Sec. 1: "Criminal syndicalism is hereby defined to be the doctrine which advocates crime, physical violence, arson, destruction of property, sabotage or other unlawful acts or methods, as a means of accomplishing or effecting industrial or political ends, or as a means of effecting industrial or political revolution, or for profit."

MY COMMENT: The statute seems to sweep very broadly in its definition. It lists five types of nefarious activity and then a sort of catchall phrase ("other unlawful acts or methods") to effect various ends, including, surprisingly, "profit." What appeared to be a statute aimed at political revolutionaries would also, technically, include in its broad reach the con man who might swindle people in card games in order to make a buck and teaches others to do the same. Perhaps realizing the absurdity of the phrase "for profit," the Legislature quietly excised that phrase in its 1933 amendment to the law. It also cut down on the five or so nefarious activities, leaving only "crime, physical violence, sabotage, or any unlawful acts or methods..."

Sec. 2: "'Sabotage' is hereby defined to be malicious, felonious, intentional or unlawful damage, injury or destruction of real or personal property of any employer, or owner, by his or her employe or employes, or any employer or employers, or by any person or persons, at their own instance, or at the instance, request or instigation of such employes, employers or any other person."

MY COMMENT: There is surely a lot of wind blowing in this ponderous definition, too. I love a completely irrelevant point: the spelling of the word "employee" ("employe"). Most do not know that there was a strong movement in American society in the 1910s and 1920s to "simplify" spelling. Indeed, the first President of Reed College in Portland (where I taught from 1982-88), William Trufant Foster, was dedicated to spelling simplification. The 1933 revision simply defined sabotage as: the "intentional and unlawful damage, injury or destruction of real or personal property." Phew.

Section 3 consists of of about 500 words, written as one sentence. No wonder people hate Legislatures (and lawyers)! For all of its wordiness, it is only aimed at three types of activities. I will try to boil it down in the following quotation/summary, with artificial divisions ([1], [2], [3]) to highlight the important sections of the statute.

Sec. 3: "[1] Any person who, by word of mouth or writing, advocates....the duty..or expediency of crime, criminal syndicalism...or shall advocate...the duty ...of doing any act of violence...as a means of accomplishing or effecting any industrual or political ends, change or revolution; [2] or who prints, publishes...or publicly displays any books, pamphlets...containing matter advocating syndicalism...as a means of accomplishing, effecting or bringing about any industrial or political ends, or change...or..any industrial revolution,...or who shall openly...justify by word of mouth or writing the commission or the attempt to commit sabotage....with the intent to exemplify, spread or teach...criminal syndicalism; [3] or organize or help to organize, or solicit or accept any person to become a member of..any society..of persons which teaches..the doctrine of criminal syndicalism...is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state penitentiary for term of not less than one year nor more than ten years, or by a fine of not more than $1,000, or by both such imprisonment and fine."

Wow. Note the three things which are prohibited. (1) You can't advocate criminal syndicalism or associated acts of violence to accomplish your revolutionary political agenda; (2) You can't publish or disseminate books or tracts which urge this agenda; (3) You can't organize such a movement or recruit others to join into a movement which urges this agenda. The statute is silent, it seems to me, on whether being a member of syndicalist group by itself suffices to bring one under the sweep of the statute. It seems that it would not--but the moment you opened your mouth in promoting the doctrines of the group or urged others to join your group, you have violated the law.

This section had one interesting expansion in 1933, which I will address in the next essay.

Finally, the statute seeks to intimidate those who provide a home for those who advocate syndicalism.

Sec. 4.: "The owner, lessee, agent, superintendent or person in charge or occupation of any place, building, room or rooms, or structure, who knowingly permits therein any asssembly or consort of persons prohibited by the provisions of section 3 of this act, or who after notification by authorized public or peace officer that the place or premises, or any part therof, is or are so used, permits such use to be continued, is guilty of a misdemeanor and punishable upon conviction thereof by imprisonment in the county jail of not less than sixty days nor for (not) more than a year, or by a fine of not less than $100 nor more than $500, or by both such imprisonment and fine."

MY COMMENT: Being guilty of criminal syndicalism in section 3 is a felony, leading to a big fine and possible jail time of 10 years, while "aiding and abetting" (my terms) is a misdemeanor, with lesser penalty in view. This section was repealed by the 1933 law.

The next essay shows how section 3 was expanded in one way in 1933, how an Oregon case (DeJong v. Oregon) made it to the US Supreme Court to become an important constitutional landmark on the freedom to assemble peaceably, and how Oregon got rid of its criminal syndicalism law in 1937.

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