The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1918-07-29
THE REASON WHY

, Many are indicted and few are convicted. The
average citizen has begun to wonder why. David
Lawrence writing in The Saturday Evening Post
on "Germany's 3000-Mile Guns" offers this ex'
PLANTATION: =. g. g. = :;
- "The treason statutes, as matter OF fact, were
drawn in the fifteenth century, when no condl-
ton such as industrialism existed, and the only
kind of treason thought Of was an uprising with
an armed force in rebellion against the state. But
the present war has proved that far more damage
can be done by propaganda than by violence Chok-
ing the industrial machinery of the most resource.
full of all the belligerents America, would be worth
great deal more than the wiping out of divi-
sion of American troops. Splitting public senti-
ment and interfering with the whole hearted sup
port of the war both by financial means and with
men and money would be worth more than even
the destruction of few munition plants by bombs
Treason statutes originated under different type
of government, the monarchical kind, when re-
bellion against the state could be personal and
tangible and obvious. Nowadays we have gov
eminent by the people. Public opinion is sovereign
today, and rebellion against public opinion, poison
ing it and dissipating it, is as much species OF
treason as revolt against the monarchs Of old.
"But even in the cases of those few American
citizens of German descent tried for treason the
federal judges insisted that the government here
had to prove that tangible effort had been made
to aid the enemy; in fact, had to prove just how
the enemy had benefited The department of JUS
tce couldn't get convictions with such interpreta.
tions Of the law-unless, perchance, Germany is
sued testimonials describing just what aid and
comfort she had received from her efficient agents
and champions in the United States. "a
"Of course there is no appeal for the govern
ment in criminal cases, so these could not be car
ried to higher courts. And the only thing to
do was to try out other cases in other courts and
at the same time ask congress for more law. That
decision insisting that the government had to-
prove that the enemy had been aided was a body
blow to the treason statutes.
"But the department of justice was fairly sue
cessful in getting long terms Of Imprisonment by
prosecutions under the espionage law of June,
1917, which had in it two clauses that were far
from satisfactory in reaching propagandists but
which not few federal judges recognized. One
Of these clauses punished by 20 or 80 years. i'm
prisonlnent anyone who attempted to cause in
subordination in the military or naval establish
nent, and another prescribed an equally severe
punishment for those who wilfuly obstructed the
recruiting or enlistment service of the United
States About $50 convictions were obtained But
gradually the federal judges in some parts Of the
country grew very technical In one case, in Mon.
tana, = German sympathzer delivered a sedtious
harangue to the effect that he hoped Germany
would whip the United States, that Germany had
right to sink American ships without warning
and that he would flee rather than go to war.
He was tried and acquitted The federal Judge
charged the jury to bring in verdict of not guilty
because, as he argued, it was not proved that in
the case: Of any particular individual recruiting
and enlistment had-1stually been obstructed. Al
once i sis !!