tem, but the only system that is practicable in a free country.
Reviewing the authorities to which Judge Hazel refers in his opinion, it may be noted that the cases he cited are plainly and clearly within the Nash Case[1] and as plainly and clearly distinguishable from and unlike the Collins[2] or Harvester Cases,[3] and do not in any way touch the present matter. The Fox Case,[4] to which he refers, could not have been decided otherwise than it was. Mr. Justice Holmes there repeats what has been contended for that "so far as statuses fairly may be construed in such a way as to avoid doubtful constitutional questions, they should be so construed"—a rule of law that has been disregarded in all the cases under the Lever Act—and shows that the offense there was plainly wrongful because it was an encouragement to a positive breach of law.[5] The Miller Case,[6] cited by Judge Hazel, was one of gross and perhaps criminal negligence, and the Supreme Court properly says in its opinion: "The case falls, therefore, under the rule of Nash vs. United States, and not under the rule of International Harvester Co. vs. Missouri"—recognizing the distinction which none of
- ↑ Nash vs. United States, 229 U. S. 373. 111.
- ↑ Collins vs. Kentucky, 234 U. S. 634. 1914.
- ↑ Harvester Co. vs. Kentucky, 234 U. S. 216. 1914.
- ↑ Fox vs. State of Washington, 236 U. S. 273. 1915.
- ↑ In Fox vs. Washington, supra, a statute made criminal editing of printed matter tending to encourage or advocate disrespect of law. The defendant edited an article that tended to encourage the breach the State laws against indecent exposure. The defendant contended that the statute was unjustifiable restriction of liberty and too indefinite for a criminal statute. The statute was held constitutional and the conviction affirmed.
- ↑ Miller vs. Strahl, 239 U. S. 426. 1915. The case concerned a police statute, in which keepers of hotels were required to give notice to guests in case of fire. It was held that the statute was not void for uncertainty in not prescribing rules of conduct in other than general terms.
