The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-07-22
HOW HfElE= OUR.
DEFENSE BOARD
BAN BAD PRESS
Council Says Naughty, Naugh-
ty," But Has 1t a Whip
Handy?
BOARD POWERS ARE GIVEN
Bronson Says They're Possible
@ Because of ''NO Mans
EsA4
cs% Land"

Members OF the council of defense
and of the state administration admit
some doubt as to the machinery 10
be used in enforcing the councils re-
cent order banning charges OF sodi
ton, disloyalty or pro-Germanism
against any person or organization
who, or which does not stand form
ally accused before some competent
tribunal. The council has ordered
that no person or persons, public
speakers in this state. or newspapers
or other publicity organs in this state,
shall in any manner state, circulate or
cause to be- published or state, state
ments or charges against any person
or class Of persons in this state that
they are dilOyal, pro-German or un-
patriotic, unless such statements or
utterances are based upon or in con-
nection with charges or complaints
before a proper tribunal or unless
the same is based upon actual or spei
cificaacts found by proper tribunal
to be in fact disloyal or unpatriotic
or pro- German"
The council further orders that all
persons or organizations promptly re-
port to the council all acts. utter
ances, ETC., which may be character
lied as disloyal, etc., and il finally
orders that every person in this state
and every organization therein coop
crate with the council, but the reso-
lutions provide no penalty for the do
ing or the failure to do any of these
things. When 6, A. Tostevin, pub
Usher of the Mandan Pioneer, was
arraigned before the council for edi-
torially charging that the $4,000 ma
jority given Frazier came from pro-
Germans, he was asked whether he
would suspend the publication Of his
paper, If the council requested 1t. he
replied that he would not. No sus-
pension has been ordered, and the
paper is still appearing six days
week. -.-..-., ...,
The council Of defense act passed
at the recent special session OF legis-
lature decres that they shall have
power and it shall be their duty to
make and promulgate from time to
time rules and regulations for the
promotion and preservation Of the
public peace, safety and welfare, and
they may also as the exigencies of the
occasion shall require, make and pro-
mulgate rules and regulations to as
sist the government of the United
States in carrying out and enforcing
its laws and regulations relative to
the conduct OF the war Each mem
Der of the council shall possess the
same powers as the sherit1;s OF the
several counties, and may exercise
such powers in any part of the state,
separately or in conjuDc ton with 9th
er police officers. They shall assist
and cooperate with ali state and
county officials in promoting patriot
ism and loyalty to this government
and humanity, and shall assist and
cooperate with the. officials in pre-
serving the public peace, health and
safety, as we'll as the broad demo-
cratic principles upon, which this ma
ton and state were founded ,-
Some doubt has been expressed as
to the authority Of the legislature to
delegate broad legislative, judicial, adj
ministrative and police powers to an
organization to be selected as the
council Of defense was by the gov
ernor, without referring to the choice
Of the people. On the subject Of the
councils powers, First Assistant At
torney General Bronson, in defending
in the Richland county district court
the councils right to conscript land,
said:
1.-THE war has created a twilight
zone between ordinary peace time civ
il rights and the martial law OF war
time. In this twilight zone we have
compromise, between civil and martial
law under which may be done many
things which the exigencies demand
and which in peace time would not
be compatible with the civil rights of
our people" as. 49,. ~ .-...
How operating in this twilight zone
1.-The no mans land of law-the coun-
Gil of defense will proceed to punish
offenders under its recent resolution
banning free discussion and criticism
Of alleged sedition and kindred acts
has not been learned. 1t is possible
that the council might prosecute Of
tenders under civil and criminal laws
already on the North Dakota statute
books, covering the spreading of false
reports, libel, scandal, SANDER, giving
false evidence, malicious mischief, in
citing to riot, etc., or it might bring
about the prosecution of Ocenders un-
der the broad wing of the new federal
espionage act. 1t is not the opinion
Of able law makers and law inter-
prefers and law enforcers at the cap
itol however, that the council has
conferred authority upon itself to pun
ish such offenses, inasmucb as it has
neglected to include in its admonitory
resolutions any penalty. ,..
1.-THE council" said one commentat.
or, today, lis in the position of the
indulgent mother who contents herself
with saying, Naughty Naughty
but has no whip handy" |
III ---huy ". i;x--
''Brinton Is Not and Never