Note 258 — Chapter III · A CONTEMPORARY STATE TRIAL—THE UNITED STATES VS. JACOB ABRAMS ET AL.

I have not troubled to apply similar reasoning to the third count of the indictment, because for reasons already stated I do not consider the pamphlets contained any advocacy of resistance to the United States. Consequently, that count should be disregarded like the first two. Holmes, J., says: “Resistance to the United States means some forcible act of opposition to some proceeding of the United States in pursuance of the war.... There is no hint at resistance to the United States as I construe the phrase.” 250 U. S. @ 629 (1919).