Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1918-01-16
NO LAW To HOLD
D|SLOYAL HUNS
TENEKHElG AND sONNES, PRO.
GERMANS, FREED BY FEDER-
Al COMM lssloNER.
SAYS ESPIONAGE LAW
DOES NOT COVER CASES
Audubon Man Who Narrowly Escaped
Lynchns Given Opportunity Again to
Express Disloyal Standardization
mes, Held on Similar Charge, Claims
Hi Remarks Were Intended a Joke.

Council Bluffs Jan. I6.--Fred Tenek-
he!g, Of Audubon, who was given a
partial hearing before United States
Commissioner Organ last week on the
charge Of violating the espionage act,
was discharged Tuesday. the commits
s!oner holding that while Tenekheig' 5
?ernar!ls and actions may have been in
discreet, there was no real violation OF
the federal act
TeDsknrlg narrowly escaped lynching
al the hands OF Infatuated citizens Of
Audubon recently
ON Monday Commissioner Organ dis
charged Edward BONES Of Underwood
charged with the same offense. basing
his opinion on the same grounds. In
order 10 make his position absolutely
clear and 10 eriighten those vino may
not understand the situation fully or
the province Of the court in such cases.
Commissioner organ handed down
written opinions in each case. These
opinions are given in part.
The Espionage Act
The section of the espionage act
Which K was claimed had been violated
reads as follows:
whoever, when the United States is
a. war. shall W!lfully make or convey
false reports, or false statements with
the intent TO interfere with the opera
ton or success Of the military or naval
forces OF the United States. or 10 pro-
mote the success of its enemies. and
whoever. when the United States is al
war, shall w!lfully cause insubord!na-
ton, dis!oyalty, mut!ny. or refusa! Of
duty in the military or naval forces o.
the United States, or shall wiltully OBJ
st~uct the recruiting or enlistment ser
vice Of the United States 20 the INJURY
Of the service OF the United States,
shall be punished by hne Of no. more
than 1000 or imprisonment for not
more than twenty years. or both"
The remarks that caused the troubls
II the BONES case we're made during
card game at Underwood on Ne"
Years day. BONES is said TO have hade
the remark that he hoped soldiers who
went over there 10 fight would De
drowned on the way over When the
war is over Germany will be winner
ard There Will be German schools in
this country after the war IS over.
were other remarks attributed TO him.
After he had made a winning he IS
said 20 have exclaimed, See how the
Dutch are winning At another time
he IS said 20 have remarked that he
was going TO start manufacturing Ger
man flags to Use when the war was
over.
Claims Hs Was Joking.
BONES testified that remarks he had
made during the game and at other
times were made in fun and that he
supposed that was understood He said
that on one occasion he helped TO hang
the kaiser In erisy and that he had
bought $500 worth OF Liberty bonds and
had subscribed SIS 10 the Red Cross.
Witnesses testified that ne had ex-
pressed his willingness to serve the
country under the draft and that they
had taken his remarks in spirit Of
Jest.
Ten ekhetgs remarks we're made at
hog sale on December q, some time
previous 10 the attempted lynch!ng.
After the auct!oneer had made q pat-i-
otto speech for the Red Cross. Teaek-
heig said, according to Witnesses. that
ne had made damn fool Of himself
tor talking for the Red Cross. One
witness said Tenekheig had refused to
buy an automobile, stating that they
would be cheaper after the war because
Germany would win. He was also
charged with saying at that time that
Germany could lick the United States
easily, that we were not very strong.
ard that had been shown by Mexico,
who ran ,s out OF that country easily.
Tenekheiz was also reported as say
ing on one occasion that he would not
buy Liberty bonds because he was a
German. The same witness admitted
that hs had bought bonds later, after
being forced" TO.