The Washington herald., 1917-05-26
Californian Is Unsparing in
Criticism of Amendment,
Which He Characterizes as
the Worst Yet Penned.

COnferees upon the espionage bill
agreed yesterday to accept a combina-
ton Of the Thoma as-Cummins and Gard
amendments regarding newspaper cen
sorship.
As soon as their action was taken. the
temper Of the fighters for free speech
showed that opposition to censorship
was in no way diminished. In fact.
Senator Hiram Johnson. Of California,
who is one of the leaders in the battle,
denounced the accepted amendment in
no uncertain terms. He characterized II
as vicious and far worse than the
original censorship provisions written by
the Department of Justice.
Text of Amendment.
The censorship provision agreed upon
by the conferees reads:
When the United States is at war
the publishing. wilfuIly. Of informa-
ton with respect to the movement.
numbers. equipment. description. or
disposition of any OF the armed
forces Of the United States in naval
or military operations. or with re-
speCt to any Of the works intended
for the fertilization Of any place.
which information is or may be use
full TO the enemy. IS hereby prohibit
ed; and the President may from time
TO time. by proclamation. declare the
Nlldl NtE bl SuCIl NEUTRALITY-SUSPICIOUS. H.
formation which is or may be use
full to the enemy, and in any pTosecu-
ton hereunder the jury trying the
cause. shall determine not only
whether the defendant did wilfully
publish such information as set out
in the indictment. but also whether
such information was of such char
aCter was or might have been use
full to the enemy: provided. that moth
ing in this section shall he construed
to limit or restrict any discussion.
comment, criticism Of the acts and
policies of the government or its rep
resentatives, or the publication Of the
same
whoever violates this section.
shall, upon conviction thereof be
punished by fine of not more than
$4,000 or ny Imprisonment for not
more than five years, or both"
Senator johnson was unsnaring in his
criticism Of the amendment
1T is worse by fer-more drastic. more
vicious and more deserving of condem-
nation-than other provisions suggested
with the single exception OF the censor
ship section written into the original
bill" he said
Most vicious Feature.
Its most vicious feature rests in the
use of the Words which informatic Is
or may be useful to the enemy con-
tinued. laying stress on the word may
"It is vicious in permitting by its terms
any one man to make rules and regula-
tions, prescribing and defining the char
acter of such information as may or may
not be used. The clause making jury
trials necessary is absolutely meaningless.
Under every circumstance in a criminal
trial, the jury would pass upon every
issuable fact. This proposed section adds
absolutely nothing to existing statutory
law The question of the application OF
martial law is not even mentioned.
Under the terms OF this proposed sec
tion, the powers OF the subordinates
whom the President is empowered to ap-
point is absolutely limitless and the inter
pretations which this subordinate may
place upon information OF one sort or an
other is limited only by the ingenuity Of
the man who writes the rules and regU-
lations and then interprets them"
The fighting Californian does not think
that the new section will get any further
in the Senate than did the other amend
ments from the Judiciary Committee. He
does not believe that the bill will pass II
1t has a censorship provision Included.
Senator Overman. however, thinks senti-
ment will be more in favor of the new
amendment than of the others, which
failed. The Senator holds that un6 r the
bill no one man has too much power He
explained the operation OF the section by
saying that II a man "wilfully" published
the prohibited information, the department
Of Justice would bring the Indictment
The prosecution would then be up TO the
courts.