The sun. [volume] (New York [N.Y.]) 1833-1916, 1915-08-17
LAW CITED TO CURB
ALL PROPAGANDISTS
Maurice Leon Quotes Federal
Statute Providing Fine
and Imprisonment.
PROMPT ACTION URGED

Maurice Leon. an authority on inter-
national law, has sent the following
communication to THE SUN:
referring to the letter which George
sylvester Viereck wrote to DR.. Heinrich
Albert, an agent of the German Govern
ment, under date of June 90. 1915, and
to the latter's reply dated July I, 1915,
and bearing in mind the Fdtheriund edi-
torials unfolding the German Govern
ment against the American Government
In such matters as the efforts OF the
American Government to seek repara-
ton for the massacre of American citi-
zens on the Lusitania and further up
holding the German and Austro-Hun-
garian Governments In their efforts tC
secure an arms embargo against the de.
clared policy OF the American Govern
ment as brought to the notice of those
foreign Governments and bearing In
mind further the unfolding by Nierecl
and the Fdtheridnd Of the efforts of Thu
German Government to use the terri.
tory of the United States for acts OF
war against nations with which III,
INV 30 " b'fh'' s'ha ~ -
ceptance by the said Viereck Of money
provided by an agent of the German
Government. attention is called to a pro
vision of the Federal statutes contained
in section ) of the Act of March 4
1909, which reads as follows:
Section 5. Criminal correspondence
with foreign Governments.D Every
citizen of the United States. whether
actual resident or abiding within the
same, or In any place subject to the
Jurisdiction thereof. or in any foreign
country twho0 without the permits
sion or authority of the Government,
directly or indirectly, commences or
carries on any verbal or written cor
~respondence or intercourse with any
foreign Government or any officer or
agent thereof, with an intent to in
fiuence the measures or conduct of
any foreign Government or any Off
Ger or agent thereof, in relation to any
disputes or controversies with the
United States. or to defeat the meas
ures of the Government of the United
States. n every person being a
citizen of or resident within the United
States or In any place subject TO the
jurisdiction thereof and not only au-
thorized twho) counsels. advises or
assists in any such correspondence
VII SUN lllltllAs ma We llfh ll'N
more than $1,000 and imprisoned not
more than three years but nothing
i'm this section shall be construed TO
abridge the right OF a citizen to APP
: ply, himself or his agent, to any for
eiGn Government or the agents thereof
for redress OF m injury which he
may have sustained from such Gov
eminent or any OF its agents or sub
jects. Ga stat. l.. l0SS.)
This statute enables the Federal au
thorities TO visit punishment upon every
citizen of the United States who di
rectly or indirectly commences or car
ries on verbal or written CORE
spondence or Intercourse with any for
eign Government or any officer or agen
thereof with an intent to defeat tn,
measures of the Government Of tn,
United States also pon every person
residing within the United States. eve
though of alien nationality. who 'coun
sells. advises or assists In any such cor
~r,spondencc with such intent
These provisions given force in theil
letter and spirit should enable the Amer
ican Government effectually TO break NJ
the widespread German ~conspirac,
against the United States directed an,
financed by persons of alien rationale,
and participated in by persons OWNS
allegiance to the United States. |
would he a high misdemeanor, namely
an offence for which Impeachment II
provided by the Constitution, for III
President to suspend the operation o
that statute when its enforcement is Wit
to the security of the nation.
The law grants the Presiden
through the machinery of the Depart
ment Of Justice the power and there
fore imposes upon him the duty to &C
in he matter. 1t Is very likely tina
the Presidents forbearance heretofor
has been due TO his desire not to Civ
these tools hired by a foreign Govern
ment to revile him. the slightest excus
for suggesting that in setting the De
partment OF Justice in motion agains
them he is actuated by any motives o
personal resentment, and in that attitud
all OF us sympathize with him. But h
has no choice in the matter. He 1
sworn to enforce the laws of the Unite,
States.
Nor does the Department OF Justic,
require any particular instructions iron