The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1918-03-08
HUBER GAIN tCI. :. !.
TREASON
But this was what BafteEs
Case Was. HAnything,
He Explains

! According ~ J. OBfish, sH"4inl as
sistant to the nt'orney. gersrsl Of the
United States, either District Attorney
Hube: has misin Hrpreted the general
instructions sent trt t%dr Washink tOn
! re"" r"ir" hie rn"-nr Ia iHsiitnte pro
crcdngs in the federal court 10 such
c"so" - thc ~"cort Parteta incident or
the head Of the local American Defense
| IP""nP h"N miSurdersioOd Huber.
I Mr., Brien writCs that nthe only
tvpo Of prosecution cnneetrinq which
T"i'"' o. n'tnrrnvE have baen
asked TO submit the situation to the
-" h"""'P totiP" action are
| prosee utions for treason itself under
the treason s'"'utp and carrying the
d""'h ncualty.
! Mr. Huber agrees with this, but eT.
plains that in the particular case Of
Dartels he believed that It could only
No tntN" nm under the treason statute,
that it did not come under the Espinn.
"re Act and that he was bound by his
i"st uctiOns to submit the facts TO
We sbnH'on. II II had been 0 serious
POGO ur@or the treason statute. ha eH.
plains, he would have cabled Wash
|
used the mail, believing that the de-
rortment would not have rehshed
r"viro cable tolls on the Bartels af.
fdavts.
Otherwtse Punishable
The letter from Washington dealing
with the matter came to George r
Carter nresideRt of tho. American De
Tense League here, Mr.. Carter havine
tPksn the Bartels case up with the Dc.
partment to see where, the, community
stood in respect to men, who shouted:
"To he'll with the President" The
letter says:
In response tn your cpmmuni"a-
ton of January 90. 1913. the De
partment beRs to state that either
20" or United States Attorney
Huber is under an erroneous i'm.
pression az TO the scope. Of United
/ States Attorneys powers to inai'
ate prosecu tion without consulta-
ton with the Department.
Manv acts or utterances pOpu-
larly called reasonable. constitute
vioIs tions Of laws without necessars
ilv being violation Of The treason
statute. For instance, the incident
YOU mention, seems to be a viola.
tom Of the statute prohibiting
threats against the President. The
only type Of prosecution concern
ing which United States ATTORNEYS
have been asked to submit the
sit"otion to the Deuartment before
taking action. are prosecutions for
treason itself under the treason
strtrte and carrying the death
penalty. Prosecutions under all
other statutes cen be instituted
nv the United States Attorney
without anyl previous consultation
with the DEPARTING emit. The request
for previous consultation before the
prosecution under the treason
statute itself, need cause no de-
lay, for the question, can easily
be submitted by telegram and the
opinion of the Department sent
by telegram.
The scone Of Mr., :Huber's au-
thority and the instructions Of the
Department are such that prompt,
md in fact immediate, action can
be taken.
Following Orders, Says Huber
This letter was shown to Mr.. Hube
, yesterday. He did not agree with tn
idea that he had misinterpreted hi
; instructions. He quoted from the de
|, partment's letter of October 20, Vhicl
COWS, PmonG other things: "No prosecu
tion for violation Of treason statute
should be instigated without first sub
hitting a statement of the facts AM
obtRiniug authority from this depart
ment". The same paragraph express
" mentions Sections l, 2 and 3 0
, the Criminal Code.
1.-THE facts in the Bartels case, i
nv Judgment" said Mr. Hnber. "di
NOT bring 1t within the Espionage Act
and therefore felt that II 1t wer
actionable at all It would have to fal
under one Of the several sections re
latinG to trenson.
According to general instructions
therefore, I secured afidavits cover
ing the evidence aud forwarded thee
nv mail to Washington. I did not be
! lieve the case warranted cabling tb
contents Of the afiidavits. After tn
department officials had considered tn
affidavits, they reached the eonclusi0
, that the language used was not aC
tiOnn BILE.
81 understand fully that it is no
necessary for me to submit matter
= 70 Washington except those cases cover
ed by the specific instructions sen
p me. An other cRses are taken up b
my Office direct without any submissio
Of the facts or without other referenc
I 70 the dem rfneAt -