The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1918-01-15
Hayes Mckinney in Treatise on Con-
stitutional Law, Defines Differ
ences as He Finds Them
Existing.
DEEDS ARE MOST POTENT
II is This Form That Treason Takes
That Attorney Claims Are
Punishable by
Law.

To state, in public or anywhere
that one hopes Germany will win
this war and that the United States
will lose, Is not treason. 1t is I'M
doubtedly very unsafe, for the near
est person Is very apt to try his best
to knock such sentiments out OF the
one who utters them; but 1t Is NOT
treason.
To attempt to discourage anyone
from buying a Liberty bond or
thrift stamp, or to encourage anyone
to avoid the selective draft, Is trea-
son and is punishable under the laws
of the United States founded on the
constitution. There are, too, other
forms of treason. of course, such as
in any way interfering with the con-
duct of the war, or giving aid and
comfort to the enemy; but these are
generally understood and the forms
first mentioned are perhaps not so
well known to be treason.
There has long been an opinion
among very able attorneys and
others that there can be no treason
under the constitution unless one
actually commits an act that is trea-
sonable-that the intent to commit
such an act does not, in itself. con-
stitute treason. This doctrine Is
vigorously assailed in the current
number of the Illinois Law Review
by Hayes Mckinney, an able const1-
tutional lawyer and deep student,
who read paper on the subject OF
Treason Under the Constitution of
the United States" before the Law
club of Chicago.
The constitution provides that
Treason against the United States
j~% ~ IN n
against them, or in adhering to their
enemies, giving them aid and COM
fort The federal criminal code
makes substantially the same provi-
sion.
The most interesting aspect of the
general question is the more par
ticular one, whether seditious
speeches, pamphlets, books and other
writings may come within the def
milton or, stating 1t differently.
whether words may constitute an
overt act of treason. The particular
effort of Mr.. Mckinney in his paper,
after outlining the law of treason in
other respects, is to show the dis
tinction between the sort of language
which may be used without risk of
legal punishment and that other sort
which may bring one into the shadow
of the gallOws.
Mr.. Mckinney holds that treason is
composed of two elements, the in
tention, which is an act of the mind,
and the overt act, which is its physi-
cal result; and that either, of itself,
may constitute the crime under our
law. He goes back six centuries,
into old English law, to commence
his citations and quotes from deci-
sions and work on law down to the
present time.
The Gist of the Matter.
Summing up the whole matter, at
the close of very able argument.
Mr. Mckinney concludes:
There is distinction between
words which are merely expressions
of opinion and desire (and, there
traitorous intent), and in those words
which are the sources or springs of
action, in fact are verbal acts. A
man who expresses a desire that
Germany shall win, and that the
United States shall be defeated, or
who utters similar sentiments, comes
within the class of those not yet
guilty of treason. For, however
clear his intention to break his alle-
glance to the United States, no overt
act has yet been committed. But
when, with traitorous design, he
argues publicly against registering
under the selective service act;
against obeying the call of the local
exemption boards; against enlist
ments in the army and navy; against
the manufacture, sale, or supply of
army and navy goods of all sorts to
our own armies and to our allies;
in favor Of Sabotage" to hinder, de-
lay and destroy goods designed for
army and navy use; or against the
floating of loan with which to
purchase the multitudinous articles
to the successful prosecu-
ton of war, he is just as certainly
aiding and comforting the enemy as
if he sent intelligence Of army or
navy movements and advised how
best to meet our war efforts.
"a composite statement derived
from two textbook definitions is that
in general, aid and comfort are given
to enemies by an act of citizen
clearly indicating want of loyalty
to the government and sympathy
with it's enemies, and which, by fair
is directly in further
ance of the enemy's hostile designs.
OF this nature is the supplying, or
to supply, whether by
gift, hire, or sale of arms, ammuni-
ton, provisions, or other articles of
war, information and intelligence
of transportation, and all
other things which materially assist
the enemy in the prosecution of the
war. This whether the motive be
merely sympathy or pecuniary gain,
and regardless whether successful or
not
"And by every rule Of reason, Of
the same nature must be those acts