No. 441.
Mr. Pendleton to Mr. Bayard.

No. 574.]

Sir: I have the honor to send you herewith the bill (with translation) for the amendment of the commonly-called socialist law. Mr. Taylor, with his dispatch No. 54, of November 8, 1878,* transmitted a copy, with [Page 610] translation, of the original law as it finally passed the Reichstag. It has been prolonged several times without material change in its provisions. The amendments propose to give the additional power to deprive offenders of the rights of citizens and to expel them from the Empire, and also to affix a punishment to the offense of a German who, in a foreign country, participates in an assembly held for the purpose of promoting socialistic ends. The prevalent opinion, as expressed by the press of Berlin, is that the additional powers and punishments will not be granted by the Reichstag, but that the law substantially in its present form will be extended.

I have, etc.,

Geo. H. Pendleton.
[Inclosure in No. 574.—Translation.]

Law concerning the prolongation of the period of activity of the law of October 21, 1878, against the endeavors, constituting a common danger, of the social democracy.

We, William, by the grace of God German Emperor, King of Prussia, etc., decree in the name of the Empire, the assent of the Bundesrath and of the Reichstag having been first obtained, as follows:

Article I.

The duration of the law of October 21, 1878, against the endeavors, constituting a common danger, of the social democracy (Imperial Law Gazette, page 351), is hereby prolonged until September 30, 1893.

Article II.

The sections 19 and 22, subdivision 1, are amended as these provisions are below stated under the figures heretofore used:

Sec. 19. Whoever circulates, continues, or reprints a prohibited printed document (sections 11, 12), or a printed document provisionally seized (section 15), is punishable with a pecuniary fine up to 1,000 marks or with imprisonment up to a year.

It will be considered equivalent to circulation when a prohibited printed document is exposed or kept ready for the use of persons sojourning there, in a place of sale, in a drinking saloon, or in any other open place.

Sec 22. Subdivision 1. Persons who make a business of agitation in behalf of the endeavors designated in section 1, subdivision 2, shall, in case of conviction for contraventions of sections 17 to 20, be punished with imprisonment of not less than two years. In addition to the imprisonment the admissibility of limitation of sojourn may be adjudged.

Article III.

After the sections 22 and 25 of the law of October 21, 1878, the following sections, 22a and 25a, shall be inserted:

Sec. 22a. The admissibility of the limitation of sojourn under the conditions and with the effects provided in section 22, subdivision 2 and 3, can be adjudged when a judgment on the basis of section 129 of the penal code ensues, and it is established that the condemned has participated in an association having for one of its purposes and occupations to prevent or make ineffectual the execution of this law, or of measures of the administration relating to its execution.

In the above-designated case, as also in the case of section 22, subdivision 1, when judgment has ensued on account of contravention of section 19, or participation as a member in a prohibited association (section 17, subdivision 1), the admissibility of the deprivation of state citizenship may be also adjudged.

Such judgment confers upon the central authority of the state to which the condemned belongs the right to declare the latter to have forfeited his citizenship and to expel him from the territory of the Empire. Such judgment at the same time confers upon the police authority of the country the right to limit the sojourn of the condemned under the conditions and with the effect designated in section 22, subdivisions 2 and 3.

Persons who, pursuant to the foregoing provisions, have been declared to have forfeited their citizenship in one of the states of the Empire also lose the same in every other such state, and can not without the assent of the Bundesrath, re-acquire state citizenship in any state of the Empire.

[Page 611]

Whoever having, pursuant to the provisions of subdivision 3, been expelled from the territory of the Empire, shall return to the same without permission, is punishable with imprisonment of from one month to three years.

Sec. 25a. The participation of a German in an assemblage which takes place without the territory of the Empire for the purpose of promoting the endeavors designated in section 1, subdivision 2, is punishable with imprisonment. In addition to imprisonment, the admissibility of deprivation of state citizenship may be adjudged (section 22a, subdivision 3 to 5).

In testimony, etc.

Done, etc.