Evening star. [volume] (Washington, D.C.) 1854-1972, 1899-05-03
Governments Action in the Case of
Mr.. Atkinson,
IF TREASON HAS BEEN COMMITTED
Much Depends on the Grounds for
Exclusion of His Literature.
A ROAD DISCR RETION

The public announcement that Mr.. Atkin-
sons antt-expansion pamphlets are not to
be permitted to go through the mails to
Manila, coupled with the intimaton that
the prosecution of Mr.. Atkinson for trea
or sedition Is not at present contemplated
by the government, has excited consider
| able discussion as to what the duty of the
government is under the circumstances
When The Star announced on Friday last
| that the government had decided to bar
these pamphlets from the mails, semi
official denals We're published all over the
country, and 1t was intimated that the
government would take notice of Mr.
Atkinson's conduct The fact Is that the
| matter has been under consideration for
| some time and the President and his cabi
net have been greatly perplexed in attempt
| ing to decide upon wise course in the
matter. Experience has shown that treason
or sedition is a difficult thing to prove, and
that the result of a conviction is likely to
make Il martyr of the offender and involve
a whole class of citizens in the constructive
treason of espouSing his cause. The easi
est way often is to ignore.
If Treason Exists.
But the opinion is expressed by some
that If treason actually exists 1t Is of
| the greatest of crimes and it Is not option
al with the officers of the government,
sworn to enforce the law, to ignore the
fact and practically pardon or condone the
offense without an indictment or trial or
any attempt to bring the offender to JUS
tice. 1t is urged in this connection that
failure to take action such is cOntem-
plated by the statute would imply either
that actual treason had not been commit
ted or else that, treason being committed,
it is not crime of such grave character
as the statute recognizes 1t to be, and that
its punishment or freedom from punish
ment is matter to be determined by the
expediency of the hour.
May Prosecute Atkinson
In this view of the case 1t MAJ be that
the government will finally decide to pros
ecute Mr.. Atkinson and this is regarded as
not an improbable outcome Of the case.
Much depends upon the Interpretation put
upon the action of the Postmaster General
by the department itself. If the pamphlets
are excluded from the mails on the grounds
that they are reasonable or seditioEs it is
believed that this will amount to a public
charge of treason sedition against Mr..
Atkinson. and that the government pros
ecuting officers will be compelled to take
cOgniZance of it or else run the risk of dis
crediting that charge, If not falling in
sworn duty.
1t Is not necessary. however that the
Post Office Department should assign a
treaSOnaDle or Sedlt1ouS character TO the
pamphlets in order to justify their eXcu-
sion from the mails. The Supreme Court
has very clearly implied, if not definitely
decided, that the department has the
hroadest discretion to exclude from the
mails any character of matter Mormon
literature might be excluded from the
mails: circulars advertising a patent med
! icine regarded as injurious to the public
health might be excluded under this con-
struction of the powers Of the department.
1t is sufficient that the government does not
deem 1t expedient to transmit through the
mails to Manila certain sorts of literature
without going into the question of whether
the mailing of such literature is or is not a
| treaSonable act.
His Future Course May Determine
1t IS believed by some, however that the
reason assigned for the exclusion is that
| the pamphlets are reasonable or seditious
and II 1t is thus publicly charged that Mr.
| Atkinson has committed an offense the
government will have to prosecute him 1t
| is not the desire Of the government to enter
| upon such a prosecution, and it is proba BILE
| that Mr.. Atklnson's course in the future
| Will determine the matter. If prosecution is
| dcclded upon 1t Will tie a matter of duty
| and there will be no opportunity for any
| one to say that it was eagerly entered into
IN resentment of criticism and opposition
| to the administration.