Evening star., 1914-08-23
WIRELESS COMPANY
ATTACKSU.S. ORDER
Right of Navy Department to
Establish Censorship
Further Protested.
DANIELS ASKED TO CITE
LAW CURBING SERVICE

Head OF Marconl Company Outlines
Alleged Real Issue Involved in
Present Dispute.
Special Dispatch to The Star.
NEW YORK, August 22-The Marconi
Wireless Telegraph Company of America
has defined its position In the censorship
between the government
and the wireless companies. The state
ment was copy of a letter that had
been mailed to Secretary Daniels of the
Navy by John w. Griggs. the president
of the Marconi company in this country.
August II Mr.. Griggs telegraphed secre-
tary Daniels. protesting against naval
censorship of wireless stations. and in
that message asked the Secretary to cite
the legal authority under which the Navy
Department assumed the right of censor
ship. In reply Secretary Daniels tele-
graphed Mr.. Griggs. who was formerly
United States Attorney General, that any
matter of law regarding the censorship
would be taken up with the Attorney Cen
eral. and requested that the Mafconi COM
pany be represented by counsel at the
SoiASl 0HCS Will lHc ftllOTuCy A6HcTdl.
In the absence of any affirmative claim
Of legal authority on behalf Of your de-
partment" Mr.. Griggs wrote Secretary
Daniels, 1T would seem to be unneces-
sary to discuss directly with the Attor-
ney General questions Of law which might
be considered pertinent when no such
had been raised by any formal
citation or statute or other legal rule of
action"
Question Involved in Dispute.
Mr.. Griggs. in his latest letter to Sec
retary Daniels, asks If there is any
treaty. rule Of International law or stat
ute of the United States which forbids a
wireless corporation. engaged in business
in this country. to transmit messages
from its stations to ships or land stations
of any of the belligerents engaged in the
present war. The question, Mr.. Griggs
says. Is not whether the United States
may act as means Of wireless COM
between the warning powers
and their representatives in this country,
but whether a private corporation or a
private individual engaged in the wireless
business may communicate legally in the
way named.
No statutory inhibition, Mr. Griggs
adds. is placed upon wireless or other
means of communication with the ships
or wireless stations of belligerents. If
Congress had considered necessary such
regulation Of wireless as is now in force,
Mr.. Griggs contends. 1t would have placed
such provision In the law. Its absence
indicates. he claims. that 1t desired to
leave wireless communication free. Mr..
national law that forbids communication
between a neutral power and country
that is at war.
Activities Are Continued.
Telegraph and cable companies. rail-
roads. steamship companies and mails
from the United States" Mr.. Griggs con-
tinues, ''are all engaged in direct trade
and commerce with some or all Of the
beligerent powers of Europe, and there
Is no duty incumbent on the executive
TO interfere with or prevent such trade,
commerce or communication.
"Of course. if a wireless station were
being operated by one of the bell %ereat
powers from neutral base in tt n
try, different question would bat
the Marconi company is an q. 4r.can
corporation, has been engaged in business
for years, its stations are licensed by
the Department Of Commerce, and it is,
besides. a public service corporation
bound to accept and send messages when
proffered payment therefor.
Held Not Violation Of Law.
IT submit, therefore, that the trans
for radio kilograms from the
wireless stations of the Marconi Com
pany of America to steamships or land
stations of any of the belllgerents is
not unlawful under the statutes of the
United States, and is not in violation of
any rule of international law"
In the second place. Mr.. Griggs asserts,
fhara ayictS legal anfhnrifv for the
Navy Department to exercise censor
ship over messages delivered to the Mar
conf company for transmission. The fact
that an individual carrying on lawful
business possibly may violate a criminal
statute. he argues, does not authorize
the authorities. in the absence of statu-
tory enactment. to establish a censor
ship to prevent the commission Of
adds. for the government to place
censor in every newspaper office to see
to it that no seditious or libelous articles
are printed.
"Antagonistic to Liberty"
"A system of censorship" Mr.. Griggs
cor cludes. "is antagonistic to that
regulated liberty Of action which is
the basis of our free government. Such
a system could be justified only when
our own government Is engaged In war
and it would then be an exercise of
not civil law. A censor, de-
termining upon his own judgment
whether a proposed act Is lawful or un
lawful, and permitting or forbidding
it accordingly, assumes the functions
of a court of Justice. but without the
right of appeal. In effect, he issues re-
orders of his own motion
against the parties that are unheard
and without an opportunity for future
or reimbursement for dam
ages.
This company favors a strict enforce
ment of national duty as a neutral. but
does not think 1t is justifable to broad
en- the scope of neutrality by adding
new rules not sanctioned by general
public law. especially when such new
rules operate to the injury of private
carrying on trade and com
merce, and thus augment these un-
avoidable indirect damages which are
suffered by the people of q neutral ma
ton on account Of a deplorable war
status between other powers" !.