NEWTON, N.J (Jan. 8)
Automatically convicted of violating New Jersey’s anti-racial agitation statutes by the action of Common Pleas Judge John C. Losey in holding the legislation constitutional, nine German-American Bund leaders will be sentenced on Jan. 31 and one will stand trial on “the merits of the facts.” Maximum sentence is three years’ imprisonment and $5,000 fine.
The ten, including G. William Kunze, national “Fuehrer” of the Bund, were indicted last October for making or permitting speeches at Camp Nordland near here last Summer inciting hatred “against persons of the Jewish religion.” Nine of the 10 admitted the charges, but filed demurrers contesting the constitutionality of the statutes. Thus they were automatically convicted when Judge Losey upheld the law.
It was the first test of New Jersey’s statutes prohibiting racial and religious incitement. In his decision, handed down yesterday, Judge Losey stated: “A speech which in any way incites, consoles, promotes or advocates hatred, abuse, violence or hostility against persons by reason of race does not appear to be fair, just, right or reasonable and naturally tends to provoke or incite others to break the peace….It does not appear arbitrary or unreasonable for the Legislature to make it an offense. It appears to be a reasonable preventive measure.”
An appeal will be taken from the decision, it was announced by John Winans, counsel for the Bund.