The Fargo forum and daily republican., 1918-06-15
Operation Of Espionage Act Set Forth
In Notable Decision by Judge An1idon

Judge c. F. Amidon of the federal
court of the North Dakota district
this week handed down an import
ant decision covering the espionage
act.
Judge Amidon's opinion, herewith
presented in full, sets forth just what
constitutes violation of the espionage
act. While he dismisses indictments
previously returned against several
alleged NoIators of the espionage
act, he does not bar reindictment Of
auch Individuals and in fact the
federal grand jury has been recalled
TO again consider the cases in ques-
tion.
Judge Amidon's opinion follows:
UNITED STATES OBJ AMERICA.
Plaintiff.
v5.
B. H. scHUTTE. Def4adan=.
The Indictment in this case charges
q violation of Section of the Els
pionages Asst of June I5. 1917, which
reads as follows:
Whoever. when the United States
is at war. shall willfulIy make or
convey false reports or false
statements with intent to inter
fere with the operation or sue
cess OF the military or naval
promote the success of its en-
emies. and whoever when the
United States is at War, shall
insubordination. disloyalty, NUT
my, or refusal of duty. in the
military or naval forces Of the
United States. or shall willfully
obstruct the recruiting or en-
listment service OF the United
States. to thel injury OF the SER
vice of the United States, shall
be punished by q fine OF not more
NM -. afe,rNTa zn% P1Fs
not more than twenty years. or
both"
On it's face this statute is confined
to g. limited class. namely, the mill
tary and naval forces and persons
subject to the recruiting and enlist
ment service. Who these persons are
is defined by law. Language. to vio-
proximately affect one or more or
the limited GLASS mentioned, in the
manner specifieq. TO ST. stretch l.. this
terances regardless OF whether they
affect the military or naval forces
or the enlistment and recruiting ser
vice.. would not only violate the car
should be strictly construed, but
would defy the limitations which the
statute itself expresses with unmis-
of law would itself be q supreme act
of disloyaIty though done for the
hvowed purpose of suppressing dis
A Valid indictment under the act
must embrace three facts.
1. The language must have been
wilfully uttered. That excludes what
is spoken in the heat of passion,
without deliberate purpose. The term
''wtlfully" as construed by the courts.
necessarily imports deliberate pur-
pose to accomplish one or more of the
things forbidden by law. St Josep9h p91
Fed, 1O4; United States VS., Sioux
City Stockyards Co.. 162 Fed. 500,
562; FELTON, VS.. United States, SO U.
s. goa; Potter VS.. United States 1SS
2. The language itself must have
been OF q character to cause some
of the results denounced by the law.
It should be set forth in the indict-
ment, or, If too obscene for judicial
record, it should be described so that
the court can determine whether 1t
possesses the forbidden quality.
3. The language must have been
uttered on an occasion such that a
reasonable mind could say that 1T
might produce one or more OF the re-
suits mentioned In the act. BY this
must prove that some particular per-
SON was induced by the language to
commit acts of disloyalty in the mill
form some step in the enlistment or
recruiting service. All that is nee
essary is to show that the language
was of such character and was
spoken within the hearing OF one
or more persons belonging to one
of the classes specified in the act so
that a reasonable person might infer
that it could produce one of the for
hidden results. ...
1t will then become question OF
fact for the jury to say whether in
truth 1t did produce that result.
The present indictment contains
three counts, based respectively upon
each of the three clauses of the stat
ute. After stating the date and
venue, the second count charges the
offense as follows:
'eFhat at said time and place the
said defendant B. II. Schultz did
wilfully cause and attempt to
cause insubordinatfon, disloyalty,
mutiny and refusal of duty in the
military and naval forces of the
United States, TO the injury of
the service of the United States,
(the same being then and there
as now a time Of war between
the United States of America and
the Imperial German Government
by wilfully stating to divers per
sons whose true names are to the
Grand Jurors unknown that this
is rich mans war and it is all