Ex Parte Acker

DAVIDSON, Presiding Judge.

Applicant was arrested charged with a violation of the disloyalty Act of the Fourth Called Session of the Thirty-fifth Legislature. The charging part of the complaint is that he did “in the presence and hearing of Albert Werth and Aug. Eber use language which is disloyal to the United States and of such a nature as calculated to provoke a breach of the peace, against the peace and dignity of the State.”

In Ex parte Meckel, recently decided by this court, this Act of the Legislature was held valid insofar as it denounced a breach of the peace by the use of the language…