The sun., 1917-05-05
MODIFIED SPY
BILL IS PASSED
Question of Guilt of Ac-
cuSed Persons to Be De-
cided by Jury.
HOUSE VOTE IS 26O TO 1O5
Substitute Measure Carried AZ
ter Administration Plan
Loses 22O to 167.
HOUSE VOTE IS 26O iTO 1O5

bVSCS SSV w
WASHINGTON. May 4.--Opponents OF
the drastic censorship desired by the
Administration to-day permitted passage
OF the espionage bill In the House. but
not until they had amended it until it
was milder than anything previously
proposed.
They came within Ave votes of pre-
venting any censorship at all. Finally.
by vote Of 260 to lO5. they drew the
teeth of the bill, then passed 1t with
changes which give the President. in
deed, the power to determine by procla-
nation the character OF information
which may not be printed in time Of ma
tional emergency, but leaving to the
courts to determine whether any news
paper brought 20 book for a violation Is
guilty of transgression, and also whether
the news on which any prosecution Is
based really was Of use to the enemy.
1t also is provided that nothing in the
act shall be construed to limit or re.
strict any discussion. comment or criti-
cisn upon any fact or any facts or
policies.
The President II understood to have
sent a personal appeal to the party
whips to secure the passage Of the more
drastic bill first drafted. but 1t was said
tonight that the White House would be
satisfied with the amended bill.
That does not mean. however. that the
amended bill will become a law as L
stands. Neither House nor Senate is
entirely pleased. When the Senate
passes its version OF the bill n confer
ence is likely to result in measure,
drawn by the best lawyers OF both
houses which will be sane and safe,
In the House there was q straight out
vote on the question of killing the CEN
sorship provision entirely. The result
was 2eO to l61 in favor OF eliminating
1t. Then came the appeal from the
White House, and the passage OF the
amended measure.
Had Faith Charged.
Charges Of bad faith against the Rep
resentatives who pushed through tht
substitute while the antis were out were
made by Representative Graham, Penn
sylvan!a, leader OF the night against the
! Presidents measure. He said that Rep
resentatiye Gard had violated a gentle
mems agreement in taking ADVANTAGE
! OF the absence Of members But the
| action Of the House stood, and the sub
! stitute. Il was said. was acceptable u
the President, though he had used
strong whip to obtain the passage O.
! the more drastic section.
The measure has yet to run IN
! gantlet OF the Senate, however. Ther
| Senator johnson. California, has girei
notice that he will move to strike ou
the censorship section. The House oil
moreover. has distinct parliamentar
status To substitute il for the Senat
measure, as in the case OF the >electiv
conscrirtion BILL the gate must be opene
: anew to amendments and DEBATE. IN
victory OF Administration supporters j
the House therefore is doubtful one,
Interest of the Administration in tn
censorship fight In the House to-day wa
reflected in the activity OF the Nhi'
House lieutenants. Postmaster Genera
Burleson At the House summoned mem
bers in consultation. Soon afterwar
Chairman Webb O. the Judiciary Con
mittee announced that he had receive
n message from the President saying tina
the latter regarded Il as essential i'
the successful conduct OF the war ths
the section be approved.
Provides for Jury Trial.
Some members wanted to know ho'
the message was brought. was IT IN
Postma aster-General, who Is slway
SnOOpinH arOunN mere H!'cIpo'a'e 'e
Representative Norton, North Dakot'
! Mr.. Webb did not reply.
The Gard amendment adopted by tf
House, which Ia less drastic. IN so far q
II provides for a jury trial, is as 70
I lows:
} "During any rational emergency r.
l shifting in war in which the Unite
: States is a party or from immnence
such war. the publication wilfully ar
t without proper authority OF any IL
formation relating to the national d.
Q fence THAT Is or may be useful to q
\ enemy is hereby prohibited, and Il
e President is hereby authorized TO d
I clare by proclamation the existence
Z such rational emergency and Is herel
l authorized from time to time by procl
) nation to declare the character of sut
information which Is or may b. usef
to the enemy and in any prosecute
hereunder the jury trying the case shs
c determine not only whether the d
z fendant or defendants did wilfully al
T without proper authority publish the 1
I formation relating TO the national d
d fence as set out in the Indictment. p
also whether such Information was
a such character as to he useful TO {
: enemy Provided, that nothing in Il
section shall be construed to limit or 7
strict any discussion. comment or cri
cism upon any fact or any Of the acts
r policies Of the Government, or it's re
n ressntatives. or the publishing OF I
y same Whoever violates the forego
a provision shall upon conviction there
II he punished by a. fine ~ not more III
$40 900 or by imprisonment for not mo
/ than ten years, or both"
d Graham Opens ATTACH.
- THE gentleman now offers a substI,u
y after the matter seemingly had he
= disposed Of" Representative Graha
~ said. This action is not in accordar
!, with the gentleman's agreement Il;
!" was had regarding this section.
,e "A person may publish sonethi,
Is (which is helpful 10 his own country a
IN which is published for that purpose. !
4 t, might be charged that this public
"a tion was indire"tly useful 20 the epen
" Such "A person should he commend,
re- not put in jail. The question OF int
lr | maintain. Is essential. and yet
~ IL not included In this substitute.
- "Thc point is stressed tina. n ju
at trial il provided hut Il person Is r
III in the attitude Of having to wait for
III Jury TO determine whether what he pt
40 fishes Is useful TO the enemy.
to THE jury trial MEANS said Mr.. Ca
a that the jury Will pass on tho IA
w and determine whether the matter p,
lshed is useful tn the enemy instead
ed merely corroborat'ng a President
no proclamation,
nm Active work was done in the Ho
nd between the time the original Gems
10 ship section WIS stricken from the
IRE and the time o' the vote on the @;