The Fargo forum and daily republican., 1918-06-15
damn graft and swindIe," stat
ing. If you do not believe it, just
look at the cost Of wheat"

q udluu graft ana SWluQl6S tSLebL-
ing; If you do not believe it, just
look at the cost of wheat"
The language attributed to defen-
dant is extensively unpatrtotlc and is
charged to have been wilfully uttered,
me first two requirements or a valid
Indictment are, therefore, clearly al
legged. The pleading falls, however,
to set forth in any manner the cir
cumstances under which the language
was used. So far as the Indictment
discloses it may have been spoken
to persons who have and could have
no relationship to the military or
naval forces, or the recruiting and
enlistment service OF the United
States. If it were spoken under such
circumstances it would not be a VIC
lation of the statute. Suppose the
language had been spoken to men
all of whom We're past forty years Or
ago, or to q Woman's club, would
anyone claim that the purpose of the
speaker was to produce the results
forbidden by the statute? It is Gle
mentary criminal law that when Ian
guage does not constitute crime II
uttered under some circumstances,
and does constitute a crime If uttered
under other circumstances, it is in
cumbent upon the government to Spe-
cify in the indictment the circum-
sufficiently to show that it's utter
ance would probably produce the for
hidden results. This cannot be left
to speculation or inference, but must
be clearly and directly charged. The
crime. 1t is not enough to charge
that the language was uttered with
intent to violate the law. That would
be a more legal conclusion when
of facts. The question is not for the
pleader but for the court, and the
facts must be set forth 50 that the
court can say whether or not they
VS.. Hess, I24 y. 81 4SS; United States
States VS.. Carl, 105 y. s., 613; Armour
Packing Co. VS.. U: S., 152 Fed, !, 16;
Floren VS.. United States, 1856 Fed, 961;
Ensuer VS.. United States, 2S7 Fed, 8.
The statute deals only with a will
ful purpose to cause the results which
it forbids. 1t is indispensable to the
crime that facts be charged and
proven which reasonably lead to the
inference that such was the purpose
of the defendant. Remote and sec
defendant, arising from a fair and
truthful 'discussion-of matters Of pub
lie. concern, do not fall within the
purview of the act.
Congress has not left it's purpose
to be ascertained solely by g. judicial
Interpretation of the act of June Is,
1917. 1t has interpretedthe act it
self. BY the statute recently passed
pressly makes the more utterance of
disloyal language on certain subjects
a crime. If such utterances were al
ready forbidden by the act OF June.
recent statute repeats all OF. the first
act as quoted at he beginning of his
opinion. and then adds. the following
new provisions:
whoever, when the United
tDf fn5 fc- Of TNyuT Ct Ell wi
utter, print, write, or publish any
disloyal, profane, scurrilous, or
abusive language about the form
of government Of the United
United States or the military or
naval forces of the United States,
or the flag of the United States,
or the uniform Of the Army or
any language intended to bring
the form of government of the
United States, or the Constitu-
tion of the United States, or the
military or naval forces of the
United States, or the flag. of the
United States, or the uniform or
the Army or Navy of the United
States into contempt, scorn. con-
willful1y utter, print. write OF
publish any language intended to
tncite, provoke, or encourage re-
sistance to the United States, or
10 pEOLuUlS the Cdu6G vi 4LS
emies, or shall ,Willfully display
the flag of any foreign enemy, or
shall willfully by utterance, writ
ing, printing, publication, or Ian
guage spoken, urge, incite, or ad-'
Vocate any curtailment of pro
duction in this country of any
thing or things, product or prod
ucts, necessary or essential to the
prosecution of the war in which
the United States may be en-
gagged, with intent by such cur
tailment to cripple or hinder the
United States in the prosecution
of the war, and whoever shall
willfully advocate, teach, defend
or suggest the doing of any OF
the acts or things in this section
enumerated, and whoever shall by
word or act support or favor the
cause of any country with which
the United States is at war or by
word or act oppose the cause of
the United States therein, shall d
be punished by q fine Of not moro
than $4,000 or imprisonment for
not more than twenty years, or
both: Provided, That any en-
ploye3 of official of the United
States Government Who commits
any disloyal act or utters any un-
patriotic or disloyal language, or
who, in an abusive and violent
manner criticizes the Army or
Navy or the flag OF the United