New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1917-08-17

, 60 that a less material assistance or the
enemy than many might suppose to be en-
braced within the word laid" would be sum
Gent to constitute comfort" and to sustain
the charge of treason. Direct aid, Of course
is clearly within the clause. But anything
which lends comfort TO the enemy tends 10
aid him. The two words, used as they are
in distinctive conjunction, cover ana are III.
tended to cover any, every and all Forms VI
assistance. The word "aid" covers assist
ance of a material nature, the word com
fort" covers assistance of mental or spirit
ual nature Anything whereby the enemy
will be heartened in his conflict, encouraged
either to make further opposition, or IN the
onnosition he may be making-whereby the
task of the United States is made the
greater, or the longer, or its warlike eHort
the more onerous-would be embraced within
the meaning of the phrase. For knowingly
to accomplish that result in any manner or
by any method is, beyond peradventure,
treason.
Extended Scope of the Crime
Adherence. as we have seen, may be de-
duced or presumed, indeed must be IN the
event of a persistent course of conduct or of
action, whether such latter be of deed or
q. >,
fact" to be found or established by the
iury. With the adherence" of a person
charged with the crime of treason RELOCATED
to that category; with an understanding that
an covert act" may be deed or word; with a
comprehension that laid" as equally com
fort" may be rendered or supplied without
any physical attributes being necessary
characteristic thereof, the consideration OF
the subject becomes simplihed and the crime
assumes a more extended relation to socla!
existence than one would at first suppose
For example: persisting series of speeches
or written or printed articles or editorials
conveying, when taken in the mass, lnforma-
ton which might be reasonably deemed 10
be of assistance to the military endeavors
of the enemy, or which by encouraging would
tend to increase his resistance, or b. DIS
couraging would tend to diminish the ef-
fectiye of the United States, would clearly be
sufficient foundation for a finding both of
adherence to the enemy and of the giving
OF aid and comfort. In other words, the
cumulative effect of such a series OF ad-
dresses or articles would, within the rules
of law, be held to afford suitable foundation
for finding by jury that the accused not
only adhered to the enemy but gave them aid
and comfort. In simpler times-only COM
paratlNely rev years dSO-"HeH ualIy Pi INV
ing of information was unknown, when
cables and wireless did not convey informa-
ton to the four quarters of the world on
the instant, such cases as, in view of mod
ern conditions, might well arise to-day un-
der the law of treason, were naturally UNI
known. But we are concerned with to-day,
not yesterday, and must expect modern acts
to be adjudged in accord with modern con-
dtions.
How to Gamble With Death
1t behooves, therefore, that it be remem-
bered by any one who may desire to play
dice with death-to shave the confines Of
eternity without cutting his own throat
through the blade of his wit slipping an inch
too far-to njure this country yet not pay
the penalty; to evade and avoid by subter-
fuge and pretence-it behooves that he re-
member:
First-That intent may be deduced from
course of conduct and that one is presumed
in law to intend the natural consequences of
his acts.
Second-That adherence to the enemy is
phrase to denote a mental attitude on the
part of the accused, and the jury may de-
duce its existence from a persons course of
conduct and the jury's deduction will stand.
Third-That the utterance of either writ
ten or spoken words is as much an overt act
as is a deed.
Fourth-That doing or saying or writing
anything which tends to hearten or encour-
age the enemy, whether aimed against these
United States or in form against any ally
in war of these United States, is much
within the provision of the Constitution as
would be the rendering of material physi-
cal aid to the common foe.
Fifth-That the test of modern conditions
will be applied in determining whether the
speaking or writing may be reasonably
deemed to have afforded aid and comfort to
the enemy, to have encouraged his resistance,
to have heartened his effort.
And finally, that there is sure to be a
popular demand for the execution of traitors
as soon as the lives of our men commence
to be taken. For experience has shown that
such a demand arises in every country I'M
der such circumstances being urged as mat
ter of common prudence for the protection
of the land; and it is hard to successfully
show in every instance that it is not justi-
fled. Wherefore it may befal that all of the
admirers of autocracy may not be saved
from the results of what cannot but be
their own criminal folly.
Peace With VICTORY