Sedition and the Gun Registry WWI

Discussions published recently in the Philipsburg Mail about the Gun Registry in the possession of George Byrd have raised questions. This article has been excerpted from a presentation given by the author at the September 2017 Montana Historical Society Conference titled “Montana, 1917: Time of Trouble, Time of Change” 

The news about World War I roused great fear and people forgot about citizen’s rights such as the First and Second Amendment in our Constitution. An example published in the newspaper Feb.13, 1918, Anaconda Standard-James H. Johnstone refused to pass out Thrift Saving Literature to his students. He was a Quaker. After he received a letter stating “You have until Feb. 10 to leave town” the townspeople at Southern Cross asked for his resignation. He refused and a 17 to 8 vote discharged him. Mr. Johnstone left for Anaconda and then on to Colorado fearing for his life. 

On February 21, 1918 Senate Bill 4- The first gun registration law was approved 72 to 1 in the Montana House and 26-10 in the Montana Senate. Firearms were defined as “any revolver, pistol, shot gun rifle, dagger or sword. The Philipsburg Mail announced that forms were available at the Sheriff’s office and that falsifying data was a misdemeanor and failing to register carried a $50 to $500 fine or ten days to six months in jail or both. $500 in 1918 would be similar to $8,997.23 in 2018. 

There have not been any Register forms found in Granite county but Ted Antonioli found two filled out forms on record in the Missoula County archives. The form was titled Missoula Register of firearms and stated: 

After first being duly sworn on oath deposes and says 1) that he is a citizen of ____________at address___________.2)

That he is the owner (has in his possession or control) the following firearms or weapons:

Manufacturer name_________ Manufacture Number________-Calibre______-where possible date and manufacturer series______.

 These lines were repeated multiple times to list all weapons then at the bottom of the form was the request for the country of birth and personal characteristics that included height, color of skin, hair and eyes. These forms had to be notarized which caused great concern for the two men filling out the forms found in Missoula county. 

Following is a copy of their letters: 

 6/12/18 Corlett, Montana. To the sheriff of Missoula county. Dear Sir: I am sending you the caliber description and numbers of what firearms I own. If it is satisfactory with you I will call at your office the first time I can get to Missoula and be sworn there as there is no notary in the county nearer than Potomac and I am not sure there is one there. I live on a homestead in Swan River Valley and it is impossible for me to leave home at present. Hoping this meets with your approval I am Yours Truly Frank ____.

 He owned two Winchester Rifles; a 20 Gauge Shotgun and a Colt Frontier 44 Pistol. 

 8/12/18, Corlett, Montana, Sheriff of Missoula County, Dear Sir: I will try and fill out my (unreadable) to send in the (unreadable) of my firearms. It is pretty hard to get things as one wants to here in the heart of the county. This is the first opportunity I have had. He owned a 25-35 Winchester (unreadable), 32 Winchester (unreadable), 35 Iver Johnson (unreadable). Signed Royster _____. 

Corlett, Montana was renamed Seeley Lake in late 1918. These men were expected to travel all the way to Missoula to abide by the registry law. 

Granite County had a population of 4,167 in 1920 versus Missoula County with a population of 24,041. The Granite County Sheriff Fred C. Burks, having lived in the county since prior to 1900 working as a miner, then assistant Forest Ranger at Harvey Creek, knew all of his constituents. Because war hysteria caused people to believe America was going to be attacked, the story goes that Burks told everyone he needed the information so he would know who all could help him if the county was attacked. 

There were 1,147 names and businesses entered in alphabetical order in the Granite County Registry and then 69 added later. There also was no country of birth in this register whereas that question was on the Missoula form. Reviewing the names in alphabetical order I realized my grandfather and other ranchers on Rock Creek were missing. I found them in the names filled in later. This leads me to believe that the Sheriff realized who’s information was missing and rode out to the ranches to collect the data. 

The news about World War I roused great fear and people forgot about citizen’s rights. The June 22, 1917, Mail stated the sheriff had arrested 32 men, most whom carried IWW (International Workers of the World) literature. They were fined $50 and given a suspended sentence if they left town immediately. All of the men left town. 

Once the fears had risen to a high level of hysteria the Montana legislature took up the cause. They first passed the Gun Registration and then on March 1, 1918 the Mail stated “Criminal syndicalism and sabotage is a felony and if found guilty the person faces one to five years in prison and fined not less than $200 or more than $1,000. 

The Montana’s Sedition Act, 1918 (House Bill 1) stated “Whenever the United States shall be engaged in war, any person or person who shall utter, print, write or publish any disloyal, profane, violent, scurrilous, contemptuous, slurring or abusive language about the form of government of the United States, or the constitution of the United States, or the soldiers or sailors of the United States, or the flag of the United States, or the uniform of the army or navy of the United States or shall utter, print, write or publish any language calculated to incite or inflame resistance to any duly constituted Federal or State authority in connection with the prosecution of the War shall be guilty of sedition.” 

The punishment was for each offense by a fixed fine of not less than $500 nor more than $10,000 or by imprisonment in the State Prison for not more than 10 years or by both fine and prison. These laws were not for the protection of the country, they were meant to silence opposition and to enforce social norms upon those considered to be out of bounds. The Council of Defense was made up of appointed, not elected members that consisted of two bankers, one University President, two mercantile executives, one newspaper editor, and one “token” woman. 

The legislature decided that any newspaper that had originally been weekly could not become a daily publication. The State Council organized the hatred and hysteria setting the pattern for creating county and community councils. There ended up being 43 county councils of defense and the larger cities then appointed town councils. 

 Seventy six men and three women were convicted in 1918-1919 in Montana. Forty one men and one woman were sent to the Penitentiary. Thirty eight people were convicted but did not go to prison. They were fined $200 to $12,000. 

There were three people arrested in Granite county. Charles Hohrman (occupation farm hand and butcher) had a rope put around his neck and was led up Sansome Street with a group following to see him hanged. Sheriff Burks took charge and placed him in jail. Nothing was published in the newspaper about his sentence but it is published in the “Montana Sedition Project.” His charge stemmed from stating at the Speckled Trout Mine that officers who graduated from American military schools were no better than dogs; that the government had cut the supply of sugar and cut off supply of booze to the army and said they would send the boys candy and they let a million tons of it rot in storage in New York and that treaties were nothing but scraps of paper and worthless; that we couldn’t believe what we read in the paper, that the press of the U.S. is owned and controlled by Great Britain, that we would have to wait until after the war and get the …” Charles went to prison July 27, 1918 and served ten months with release on April 13, 1919. 

 Edward Olson on October 4, 1918 stated “The war was a rich man’s war. The working men were given the worst of it…”He was brought before the County Council of Defense and jailed. The County Attorney decided after one month that he was insane. His case was dismissed and Edward was sent to Warm Springs. When he was released is not documented. 

 Eugene Petit came into the O.K. Bar in Philipsburg and said “I wish all the boys that are going over would be shot off or drowned and that the Kaiser would get them all and win the war.” On June 10, 1918 the County Council found “no grounds” for his arrest and his case was dismissed. 

On May 3, 2006 Governor Brian Schweitzer signed a Proclamation of Pardon at Helena, Montana for those convicted.