Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-05-14
CLOSE TAB BEING KEPT ON
NEwPAPERs WHICH APPROVE
KILLING NEuTRALs.
STATUTE FOUND WHICH
APPLIES TO PRESENT CASE
Penal Code Prohibits Privileges Of
Mails to Publications Which "ineits
to Murder" Half Dozen Radically
Pro. German Publications Held to 30
Menace to Peace Of Nations.

Washington. May 14.-From a high
official of the government who has pc
culiar facilities for knowing, it was
learned that the administrations re-
DR.. Bernhard Dernburg, formerly
colonial minister in the German inn
perial government, had led to study
of the problems involved that might
have effects not limited to Dr.. Dern-
burg's personality.
DR.. Dernburgs public comments, es-
pecially since the killing of Americans
on the Lusitania, have been extremely
offensive to the administration, anC the
laws have been searched a the depart
ment of justice for statute that might
apply to him.
Papers Approve Killing.
Along with DR.. Dernburg's comments,
which are construed as hardly less than
threats against American ships in the
war zone, the attention Of the depart
ment of justice has been called to iso-
lated instances in which American
papers, printed in the English language.
have approved the sinking of the Lusi-
tania, with all that 1t involved. and
have seemed to encourage repetitions
of that disaster. 1t was said that some
five or six papers were In this group.
and it is against them that officials be-
lieve statute has been found that
might be used effectively.
The law found in this connection for
bids under penalty of a $1,000 fine or
five years. imprisonment, or both. the
mailing of obscene or indecent litera-
ture or obscene implements. That
would not apply to the offenses under
consideration. but in March, 1911, the
law (section 211 OF the penal code) was
amended so that "the term indecent
within the amendment of this section
shall include matter Of a character
tending to incite arson. murder or as
sassination."
U. S. Hints at Action.
THE time might come very soon,"
said the official discussing the subject,
when this section. which seems to
have been overlooked in certain quar-
tiers. might be found effective"
Section 211 of the penal code reads in
part: Every obscene. lewd or las
civious and every filthy book. pamphlet.
picture, paper. letter. Eriting or other
publication Of an indecent character
=, is hereby declared to be nom
mailable matter"
Then follows a prohibition against
even receiving such matter thru the
mails anG the penalties cited above. The
section ends with the new paragraph
incorporated by congress In 1911. as
follows: And the term indecent with
in the intendment of this section shall
include matter of character fencing
to incite arson, murder or assassina-
ton"
U. S. Wow Is Revealed.
The suggestion from an official
source that editorials encouraging the
repetition of the Lusitania horror might
come within a prohibition against in
citing murder and assassination is the
strongest Indication yet given Of the
stern judgment the administration has
passed upon the torpedoing of the
L-sitania. 1t was explained that no
proceedings were under contemplation
as yet, but the mere fact that this
harshly worded statute Is officially be-
lieved to apply to the case suggests
that a view seriously entertained by
the government fixes to the German
policy the name of murder and assas-
sination.
1t is apparent from conversations
with officials that more satisfaction
would be experienced II the law applied
directly to DR.. Dernburg rather than to
a few papers purporting his views. But
the law relates wholly to the postal
administration. and nothing that DR..
Dernburg could say would apparently
bring him within the reach Of the
federal statutes except possibly in con-
nection with his deportation as an I'M
desirable alien, unless he should mail
or attempt to mail copies Of his Of
fensive addresses.
| It was explained today that the fed
eral government had tried thru the
alien and sedition actin the early part
of the last century to hold persons to
strict accountability for the spoken
word" But that effort ended in what
| is regarded as final and complete
failure.
psrnburg Cooking Own Goose"
It was pointed out that the mailing of
a newspaper carrying even report Of
speeches like those Of DR.. Dernburg
might by strained Interpretation Of
the law be held to Violate the provision.
But it was made clear that no such
strict Interpretation would be followed
by the government. As matter or fact,
officials feel that the publicity Dr.
Dernburg has sought and received, par
! ticularly since the sinking Of the Lusi-
tania, has only added to the country's
horror at the deaths indicted upon nom
combatant men. women and children.
both British and American.
| II don't think we need anything
against DR.. Dernburg." said the Official.
explaining the limits Of the statute.
"Dr. Dernburg is cooking his own
goose as fast as he can"
While nothing was said al to the
identity Of the papers that have at
tracted the, governments interest, II
is believed that one Is published in St
Louis, one in Milwaukee and another
possibly at Atlantic Highlands, N. J.
The chances are that DR.. Dernbure
| will be got rid Of by asking tho German