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STONE, C. J., dissenting.

320 U.S.

talists in industry, the proletariat must deal a relentless, crushing blow to this class. To that end it must arm the rural proletariat and organize Soviets in the country, with no room for exploiters, and a preponderant place must be reserved to the proletarians and the semi-proletarians." p. 80.

"The revolutionary proletariat must proceed to an immediate and unconditional confiscation of the estates of the landowners and big landlords . . . No propaganda can be admitted in the ranks of the Communist parties in favor of an indemnity to be paid to the owners of large estates for their expropriation.' p. 82.

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Excerpts from Exhibit 8-THE STATE AND REVOLUTION, by Lenin (see note 13, supra):

"We have already said above and shall show more fully at a later stage that the teaching of Marx and Engels regarding the inevitability of a violent revolution refers to the capitalist State. It cannot be replaced by the proletarian State (the dictatorship of the proletariat) through mere 'withering away,' but, in accordance with the general rule, can only be brought about by a violent revolution. The hymn sung in its honor by Engels and fully corresponding to the repeated declarations of Marx (see the concluding passages of the Poverty of Philosophy and the Communist Manifesto, with its proud and open declaration of the inevitability of a violent revolution; also Marx's Criticism of the Gotha Program of 1875, in which, thirty years after, he mercilessly castigates its opportunist character)—this praise is by no means a mere ‘impulse,' a mere declamation, or a mere polemical sally. The necessity of systematically fostering among the masses this and only this point of view about violent revolution lies at the root of the whole of Marx's and Engels' teaching, and it is just the neglect of such propaganda and agitation both by the present predominant Social-Chauvinists and the Kautskian schools that brings their betrayal of it into prominent relief.

"The substitution of a proletarian for the capitalist State is impossible without violent revolution, while the abolition of the proletarian State, that is, of all States, is only possible through 'withering away.'" pp. 15–16.

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"The State is a particular form of organization of force; it is the organization of violence for the purpose of holding down some class. What is the class which the proletariat must hold down? It can only be, naturally, the exploiting class, i. e., the bourgeoisie. The toilers need the State only to overcome the resistance of the exploiters, and only the proletariat can guide this suppression and bring it to fulfilment-the proletariat, the only class revolutionary to the finish, the only class which can unite all the toilers and the exploited in the struggle against the capitalist class for its complete displacement from power." pp. 17-18.

"The doctrine of the class-war, as applied by Marx to the question of the State and of the Socialist revolution, leads inevitably to the recognition of the political supremacy of the proletariat, of its dictatorship, i. e., of an authority shared with none else and relying directly upon the armed force of the masses. The overthrow of the capitalist class is feasible only by the transformation of the proletariat into the ruling class, able to crush the inevitable and desperate resistance of the bourgeoisie, and to organize, for the new settlement of economic order, all the toiling and exploited masses.

"The proletariat needs the State, the centralized organization of force and violence, both for the purpose of guiding the great mass of the population-the peasantry, the lower middle-class, the semi-proletariat-in the work of economic Socialist reconstruction." pp. 18-19.

"But, if the proletariat needs the State, as a particular form of organization of force against the capitalist class, the question almost spontaneously forces itself upon us: Is it thinkable that such an organization can be created without a preliminary breaking up and destruction of the machinery of government created for its own use by the capitalist class? The Communist Manifesto leads us straight to this conclusion, and it is of this conclusion that Marx wrote summing up the practical results of the revolutionary experience gained between 1849 and 1851."

p. 19.

"Hence Marx excluded England, where a revolution, even a people's revolution, could be imagined and was then possible, without the preliminary condition of the

STONE, C. J., dissenting.

320 U.S.

destruction of the available ready machinery of the State.'

"Today, in 1917, in the epoch of the first great imperialist war, this distinction of Marx's becomes unreal, and England and America, the greatest and last representatives of Anglo-Saxon 'liberty,' in the sense of the absence of militarism and bureaucracy, have today completely rolled down into the dirty, bloody morass of militarybureaucratic institutions common to all Europe, subordinating all else to themselves. Today, both in England and in America, the 'preliminary condition of any real people's revolution' is the break-up, the shattering of the 'available ready machinery of the State' (perfected in those countries between 1914 and 1917, up to the 'European' general imperialist standard)."

p. 26.

"But from this capitalist democracy-inevitably narrow, stealthily thrusting aside the poor, and therefore to its core, hypocritical and treacherous-progress does not march along a simple, smooth and direct path to ‘greater and greater democracy,' as the Liberal professors and the lower middle class Opportunists would have us believe. No, progressive development-that is, towards Communism-marches through the dictatorship of the proletariat; and cannot do otherwise, for there is no one else who can break the resistance of the exploiting capitalists, and no other way of doing it.

"And the dictatorship of the proletariat-that is, the organization of the advance-guard of the oppressed as the ruling class, for the purpose of crushing the oppressors cannot produce merely an expansion of democracy. Together with an immense expansion of democracy-for the first time becoming democracy for the poor, democracy for the people, and not democracy for the rich folk-the dictatorship of the proletariat will produce a series of restrictions of liberty in the case of the oppressors, exploiters, and capitalists. We must crush them in order to free humanity from wage-slavery; their resistance must be broken by force. It is clear that where there is suppression there must also be violence, and there cannot be liberty or democracy.

"Engels expressed this splendidly in his letter to Bebel when he said, as the reader will remember, that 'the pro

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letariat needs the State, not in the interests of liberty, but for the purpose of crushing its opponents; and, when one will be able to speak of freedom, the State will have ceased to exist.'

"Democracy for the vast majority of the nation, and the suppression by force-that is, the exclusion from democracy of the exploiters and oppressors of the nation: this is the modification of democracy which we shall see during the transition from Capitalism to Communism." pp. 63-64.

"Again, during the transition from Capitalism to Communism, suppression is still necessary; but in this case it is the suppression of the minority of exploiters by the majority of exploited. A special instrument, a special machine for suppression-that is, the 'State'-is necessary, but this is now a transitional State, no longer a State in the ordinary sense of the term. For the suppression of the minority of exploiters by the majority of those who were but yesterday wage slaves, is a matter comparatively so easy, simple and natural that it will cost far less bloodshed than the suppression of the risings of the slaves, serfs or wage laborers, and will cost the human race far less." pp. 64-65.

MR. JUSTICE JACKSON:

I do not participate in this decision. This case was instituted in June of 1939 and tried in December of that year. In January 1940, I became Attorney General of the United States and succeeded to official responsibility for it. 309 U. S. iii. This I have considered a cause for disqualification, and I desire the reason to be a matter of record.

552826-44-18

DECISIONS PER CURIAM, ETC., FROM JUNE 15,

1943, THROUGH JUNE 21, 1943.*

No. 1056. JACK LINCOLN SHOPS, INC. v. STATE DRY CLEANERS' BOARD ET AL. Appeal from the Supreme Court of Oklahoma. June 21, 1943. Per Curiam: The appeal is dismissed for want of a substantial federal question. Nebbia v. New York, 291 U. S. 502; West Coast Hotel Co. v. Parrish, 300 U. S. 379; Olsen v. Nebraska, 313 U. S. 236; and Dunn v. Ohio, 318 U. S. 739. MR. JUSTICE ROBERTS took no part in the consideration or decision of this case. Messrs. John B. Dudley and Duke Duvall for appellant. Reported below: 192 Okla. 251, 135 P. 2d 332.

No. 1064. PREBYL V. PRUDENTIAL INSURANCE CO. ET AL. Appeal from the Supreme Court of Nebraska. June 21, 1943. Per Curiam: The motion for leave to proceed in forma pauperis is granted. The appeal is dismissed for the want of jurisdiction. § 237 (a), Judicial Code, as amended, 28 U. S. C., § 344 (a). Treating the papers whereon the appeal was allowed as a petition for writ of certiorari as required by § 237 (c) of the Judicial Code as amended, 28 U. S. C., § 344 (c), certiorari is denied. MR. JUSTICE ROBERTS and MR. JUSTICE DOUGLAS took no part in the consideration or decision of this case. Milton Prebyl, pro se. Reported below: 142 Neb. 532, 6 N. W. 2d 881.

No.-. EX PARTE WARREN WOCKNER. June 21, 1943. Application denied. MR. JUSTICE ROBERTS and MR. JUSTICE DOUGLAS took no part in the consideration or decision of this application.

*For decisions on applications for certiorari, see post, pp. 209, 210; rehearing, post, p. 213.

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