Arizona republican., 1917-05-28
The Qepth of AbsurditY

The Depth of Absurdity
 The funniest, side -splittngest thing before the American people today is the censorship question in its present form that which it took Saturday It neves the war of much it's grisly ghastness. But hope outsiders will have fun ourselves. We do not like to be laughed AT. The censorship controversy has passed through phases and into the third As the censorship first proposed by the administration undemocratc, un-American, probably unconstitutional and unnecessary. It would serve purpose except to shield incompetency fav oritism and possibly, corruption.
 In it's second phase it was rendered harmless with out dvesting it of of the usefulness which the ad minstration claimed for the kind of censorship which it had proposed and which had been rejected. The proposed substitute definitely restricted the ercse of the censorship that it could inter- fere with the constitutional privilege of free speech and the free press It left to the administration other than already possesses for the regua- ton of the press and the people in time of war; i merely advertised conspicuously the existence of that latent power.
 We could objection to a censorship in that form unnecessary though it might be, and heard why opposition to it persists in congress- We surmise, though that congress regards it the edge of entering wedge which future congress may discern and resist. In that of the case think would have been better if congress instead of pursuing the subject the present point of ab surdity, had, in dignifed way informed the pres- dent that there would be censorship and that the incident closed
 But the censorship legislation has been allowed take this form: Congress instead of leaving the ad ministration of the censorship regulations to be adopted by department prescrbes the regulations and states what kind of matter may not be published, the prescribed matter being such loyal newspaper would publish if it had the op- portunity do It leaves the president nothing do except decide from time time that certain of this generally prescribed matter may published without harm. Thus the president is made the good angel of the newspapers if he cares to act in that capacity. but it is that capacity for him or none
 Now is introduced the supremely ridiculous fea- ture, the trial jury ito determine whether the pub cation of such information wllful and whether the information actually of benefit to the enemy We cannot believe though there heads in that there is in all the membership addle-pated to suggest such thing this seri- ously But if it intended for humor a fling the president it nightly ill-timed.
 Trial juries. their verdicts sometimes signify, not always distinguished for perspicacity and cannot imagine how of intelligence of the high est order could be prepared to decide whether certain published information had actually been of benefit to the enemy. We could subpoena German general staffs and commanding officers before American courts and compel them testify. The issue would have be left in doubt and doubts always solved in favor of the defendant
 Moreover the offense of a newspaper in publishing prohibited information would under the head of those offenses which always legally presumed to have been committed wilfully No defense be offered after the fact has been established Ignorance of the fact is of defense than ignorance of the law. So the question of wifulness is not to be determined by jury. In fact trial jury has of place in a proceeding under censorship law than it would have the trial of battleshp a kind of a tractor