Evening star., 1914-09-26
WIRELESS STATION /
MAY Be REOPENED'
Administration Officials Con~
slider AdvisabiIity Of 0pe- |
rating Siasconset Plant. &
FUNDS WOULD BE HELD
IN TRUST FOR OWNERS

Closed Because Marconi Company
Refused to Recognize Right Of !:
q. S. Censorship. /
Administration oflicials today cons
the advisa bility Of reopenine
the Siasconset. Mass. wireless station.
closed yesterday by Navy Department
censors acting on orders of President
Wilson as commander-in-chief of tho
army and navy. with the intention Of
holding the funds In excess OF the coet
OF operation in trust for the Marconf
company.
The station was closed because 10
declined to recognise the right of thu
federal government to exercise con>
sorship over tho plant.
Wireless Station Closed.
The Navy Department took no cogs
nizance OF the fact that the Marconf
company had dled in a federal coure
an application for-an injunction to re-
strain the naval officers from closins.
or censoring the station. Although ID
appeared as IL the wireless company
might compel the naval officers to exs
ercise force. the company finally de-
cided to offer no resistance. and the
station was closed at pm. yesterday.
The Navy Department made public
last night the kilograms that had
passed between the department and
Ensign E. B. Nixon, U. s. N, in charge
at the Siasconset station, as well as
the opinion of Attorney General Greg.
le nf hA
The Attorney Generals opinion fol-
lows:
August s. 1914. the President issued
an executive order prohibiting all radio
stations within the jurisdiction of the
United States from transmitting or
receiving for delivery messages Of an
unneutral nature. and from in any way
rendering to any one Of the belliger-
ents any unneutral service during the
continuance of hostilities.'
THE President directed the Secretary
of the Navy to enforce this order. dele
eating to him the requisite authority.
For its adequate enforcement, 1t was
deemed necessary that to some degree
q government censorship should be
established in radio stations. and In
structions to that end were issued By
the Secretary of the Navy.
Apparently this censorship was ac-
as q fair solution of the problem in
volved.
sThe Marconi Wireless Telegraph
Company Of America now complains OF
the administration OF the censorship.
questions the right Of the Secretary
Of the Navy to institute 1t and invites
argument as to the legality Of the
right asserted.
Presidents Powers Broad.
''The President of the United States
is at the head of one of the three great
coordinate departments of the gov
ernment. He is commander-in-chief Of
the army and navy. In the preserva-
ton Of the safety and integrity Of the
United States and the protection Of it's
responsibilities and obligations as a
the words of Mr.. Justice Miller (In re,
Neagle C1Ss0l, 1876 U. s., 64), his power
includes the enforcement OF the rights,
duties and obligations growing out OF
al relations and all the protection inn
piled by the nature OF the govern
ment under the Constitution
"If the President is of the opinion
that the relations of this country with
foreign nations are or are likely to be
endangered by actions deemed by him
inconsistent with a due neutrality. IL
is his right and duty TO protect such
relations. and in doing SO. in the alb
sence OF any statutory restrictions. he
may act through such executive officer
or department as appears best adapted
to effectuate the desired end. The act
Of such executive ofiicer or department
in such case is the act Of the President.
A denial Of the oficer's authority il a
denial Of the Presidents power.
Powers Exercised Before.
''The powers above outlined are not
novel. They have been exercised in
numerous emergencies by Presidents
OF the United States, and whenever
their exercise has been attacked in le-
gal proceedings their validity has, with
hardly an exception, been upheld by
the courts.
Such powers intrusted to the Presi-
dent are of fundamental nature. ex-
erted to maintain or preserve the Sc
cur-ity OF the nation. and subject to
that high responsibility to which the
executive is held by the American peo-
pie; they are not likely to be abused,
and not without the gravest reasons
are the courts likely to withhold their
sanction.
The act of August 13. 1912 (37 Stat,
3o2). known as the radio act. provides
additional authority for the use or
control of any radio station by any
department OF the government in time
of war, or public peril or disaster
ut is unnecessary to comment on the
perils of the present international sit
uation, and it is easy to see that an
agency such as the wireless stations
along our coast is capable of creating
international complications Of the
grayest character. Their use Is novel,
their capabilities are extraordinary and
the ease with which belligerents can
be instantly notified of the movement
of vessels and given other important
information Is perfectly apparent.
The system of censorship heretofore
adopted seems reasonable and fair
solution of a critical situation. 1t in
terferes but slightly with the opera
ton of the plant, and the Marcont
Company should cheerfully bear with
this Inconvenience in recognition OF its
own interest in the general welfare.
in case it becomes inadvisable. for
any reason, to continue the censorship.
I don OF hesitate. in view of the exc
traordinary conditions existing. to ad-
wise that the President. through the
Secretary of the Navy or any other ap-
propriate department, close down, or
take charge Of and operate. the plant In
question. should he deem 1t necessary
in securing obedience to his procaama-
ton of neutrality"