The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1918-04-25
IMPERILS
EFFECTIVENESS OF
NEW spy MEASURE
By DAVID LAWRENCE.
tcontinuod from First PAgA)

there s. infinitely more danger from
propaganda than violence. One clause
made II q crime 70 cause or attempt to
cause characterization In the military
and naval forces OF the United States,
but, unfortunately, Federal judges
insisted that this must be applied 70
acts committed within the army and
navy, and a second clause made Il .
crime 'to obstruct enlistment or the
Recruiting service"
BY sl<infully building up the cases
against German propaEandists under
these clauses the Department Of Jus
tice secured many convictions, but
i've Federal Judges finally. by their
DECISIONS, put an end TO II by insist
ing on proof that the obstruction had
actually taken place.
The law had ssaid nothing about
attempting to obstruet." Indeed one
Federal Judge charged his jury to
acquit . German who had addressed
q street audience, saying the drafted
soldiers should shoot their officers
when eonscripted- The Judge held
that 1nasmuch as no soldiers had act
ually heard the speech, the "obstruc-
ton" had not actually taken place.
aAttenpts Put In
30 the Department OF Justice asked
Congress to put the word attempt
in the law 20 that persons trying to
obstruct enllstments or trying TO
cause characterization could be pun
ished.
The Department OF Justice was
reasonably satisfied with what IL had
gotten out Of the committees in Con-
greSs when along came an amend
ment saying that nothing IN the origi-
nal espionage act OF last June or the
amendments now proposed should I'm
pair the right of the individual to
publish or speak what IS true with
good motives and for 3uEtinable
ends"
On its face the amendment looked
innocent enough and the Senate
passed IT. But the Department of
Justice thinks its hands viii be com
pletely tied by Buch a namsndment
for officials argue that while It is
all right to ask that "intent" be
proved and that the acts were "wil-
full" IL Is quite another thing to ask
the Government to disprove that q
man had good motives or circulated
his propaganda with tustinable ends
There are many. different kinds Of
propaganda now being circulated
which the department claims 1t could
not touch At all under such q pro-
vision
Jumps At COnelnslOa.
Jehn Lord o'BriAn. Assistant After.
ney General In charge OF prosseu-
lions, outlined the difficulties to the
eonfereeG, and the amendment was
dropped. but Senator johnson Of Cali
fornia has Jumped TO the eonolugion
that an attempt f. hAing made to In
terfers with religious discussion sim
ply because in AIr. o'Brian's letter he
made reference to certain forms Of
religious propaganda used by Ger
many In weakening the italian army.
and in endesyorinE TO DO the same
with the French forces.
The Germans, for instance, have
in many cases without the knowledge
OF ministers OF the gospel Indirectly
succeeded IN getting preachers to
talk of war horrors and to emphA-
size portions OF the Bible that relate
to the Justice or injustice OF war IT.
self. The government here recognise,
for example, the conscientious objsc-
tor, but Il seriously opposes any use
OF the true conscientious director or
his philosophy spread doctrines in
side the American army or navy that
will tend 70 perplEx the mind OF the
soldier and affect his determination
to fight
Quotations from the Bible for I'm
stance, would. OF course, be true and
the motive might be to teach religion,
but systematically organized propo-
ganda with leaflets 80 printed as to
bring about certain effect could
not be effectually eounteracted. the
Department Of Justice believes. II the