The Wallace miner. [volume] (Wallace, Idaho) 1907-current, 1917-05-17
Senator Borah Makes Notable Speech in
Opposition to Administration Spy Bill

on April 16 Senator Borah delivered
an address In opposition to the spy
bill" which the president was endeav-
oringto force through congress. 1t
was in effect proposal to abolish or
at least to a great extent abridge the
freedom of the press in violation OF
the constitution and would have prov
ed a long step in the direction OF de-
priving the people of the rights and
privileges of free government. Sena-
tor Borah made strong argument
against the obnoxious provisions of
the proposed law, and the closing sec
ton of his speech is here given:
Constitution Construed.
Mr. Borah At the risk Of being
somewhat disconnected, / desire to
call attention to some views from
Cooleys Constitutional Limitations
On page sos the author says:
Resides, it Is well understood and
received us a commentary on this pro-
vision for the liberty of the press, that
it was intended to prevent all such
previous restraints upon publications
as had been practiced by other gov
ernments, and in early times here to
stifle the efforts of patriots toward en-
tightening their fellow subjects upon
their rights and the duties of rulers.
The liberty of the press was to be I'M
restrained, but he who used 1t was to
be responsible in case of its abuse:
like the right to keep firearms, which
does not protect him who uses them
for annoyance or destruction"
AS l understand the word "unre-
strained" there, it means that the
constitution inhibits setting up any
one to whom 1t is my duty as pub
Usher or speaker to go and consult as
to what shall be published or said:
the setting up of anyone who can es-
tablsh regulations as to what shall be
published or as to the liberty Of
speech or as to what shall be COM
inundated ''Unrestrained' means
that one can publish what he sees fit
and consult no one else previous to
publication. If, indeed, he does pub
lsh something which is libelous, he
takes the result in the way of pun
ishment; but he consults himself and
his own wishes. his own will, and de-
cides whether it is libelous and takes
the chances. He decides whether 1t
will give the enemy aid and takes his
chances. The law can only deal with
the subsequent fact after publication,
and can not under the guise of pro-
tecting the public interest create
censorship that shall determine for
one whether or not he is taking
chances in publishing an article. The
court might decide that 1t was not cal
culated to benefit the public enemy;
but the censor decides otherwise, and
then under this provision, the publish
er violates the regulation.
Protection Against Public Abuse
So much. Mr.. President for the le-
gal phase of this matter want to
say few words in regard to the pol
Icy OF It. / suppose it will be conceded
that here we are all Americans and
thoroughly in accord with the idea
that we should leave nothing undone
which we can do properly or wisely
to prevent information reaching those
with whom we are at war assume
that no one could for moment in
tbiC ahn r,hap hor "A
should loosely permit information to
go to the enemy which might be of
benefit to him. l would want to go so
far as one would need to Ngo in order
to protect that situation: but evil of
that kind is not commensurate in it's
import with the evil which might flow
from an abridgement of the freedom
Of the press.
Edwin Burke once said.
1T is right that there should be a
clamor whenever there is an abuse.
The fire bell at midnight disturbs your
sleep. but 1t keeps you from being
burned in your bed. The hue and cry
alarms the country, but 1t preserves
all the property of the province"
We may suppose ourselves capable
of seeing the evils of free press or
free speech. but it is almost impossi-
BILE to even outline In the way of sug-
gestions the benefits of a free press
and free speech Hence the wisdom
of the ages is that we should permit
unrestrained use of the printed page
and speech and punish alone for
abuse.
Sir James Mcintosh in the Peltier
case observed as follows:
ITO inform the public on the con-
duct of those who administer public
affairs requires courage and conscious
security. 1t is always an invidous
and obnoxious Office, but 1t is often the
most necessary of all public duties. II
1t is not done boldly. it can not be
done effectually, and 1t is not from
writer's trembling under the uplifted
scourge that we are to hope for it."
How exceedingly wise! What Is
the press or speech worth IL fear. in
definite power to punish ever accom-
pany the use?
What Northcliffe Did for England.
Lord Northcliffe by publications In |