Every evening, Wilmington daily commercial., 1918-06-04
STEPHENS ATTACKS
VALIDITY Of THE
ESPIONAGE ACT
In Action Brought Against Him
for Speaking Slightingly Of
Liberty Loan.
ARGUMENT HEARD TODAY

Gilbert r. Poe If New York. counsel
for Frank Stephens Of Arden the Single
Tax advocate, today made sharp attack
before Judge Woolley III Federal court,
on the constitutionahty ot the old nlted
States Espionage act, under which Steph-
ems was recently indicted because Of
certain remarks attributed To him while
the Liberty Loan campaign was on.
Stephens is said 10 have told a woman
who WAS selling Liberty Bonds that she
was 4 murderer. as were all who sold
them The indictment against him :
based upon a section Of the old DnIted
States Espionage act. which makes it Al
offence OF criminal nature 10 make
false statements or circulate false reports
with intent to interfere with the operation
or success II the niteu states military
or naval forces. or 70 promote the success
OF their enemies.
MIR Roe held that the act : unconstltu-
tlonal III that II i not ID accord With the
constitution trec-epccch clause. the due
process-ot-laW clause and the clause
relative 70 informing AZ accused person
OF the nature OF the charges against him.
Further, Mr. Roe argued that his clent
Was not guilty Of any violation Of the
law II the language imputed 10 him.
Mr.. Roe, opening nus argument, out
lined the PROVISIONS OF the Espionage act,
particularly section 3, under which the
indictment was found The act. he said.
was most explicit 1t specifically penaliz-
ed false statements OF reports intended -
interfere with the operation or success Of
the national military and naval forces
1t did not reach out beyond, Mr. Roe
went on, and INTO civil life. The ease III
point was particularly one Of evil life.
Nor, he went on, was there any viola
tIon OF the act IN the defendant 5 actual
words You are murderer and all
those who sell Liberty Bonds are Inur-
derers No lady would be on such an
errand, are the things stephens is al
legged To have said to Mrs Van Trump.
Stephens didn't mean this rs statement
oi fact. not meaning u call Mrs Van
Trump personally 3 murderer or to assert
that she was not lady. What he did man
then was Mr. Roe declared, merely arg1-
ment and the meaning was tguraGve. not
literal
The Espionage act, counsel continued,
was not intended TO stop criticism Of the
government doings, or to stop argument
upon such things The section under
which the indictment was found. on the
other hand, was for the sole purpose Of
Furnishing circulators of false reports or
statements calculated to interfere with
United States forces in their operations or
to back them of success Mr.. Roe could
not see how the language attributed to
Stephens possibly could affect either the
army or navy OF the nation, because there
was neither soldier nor sailor present to
hear them As a matter Of fact Mir
Stephens and Mrs Nan Trump were alone
at the time
Mr. Roe then spoke of the amendment
TO the Espionage act, which, in penaizlng
false statements concerning national bonds
TO obstruct their sale, used language.
which, he said, indicated that the old act
did not include such things as Mr.
Stephens alleged remarks, as within its
ban
During tho course Of his remarks Alr.
Roe said he felt convinced that the whole
question OF the constitutionallty Of the
act would 60 to the United States Su-
preme Court for settlement, whichever
way cases in the lower court might be
decided
MIR Roe will devote his share Of the
afternoon session of court to the CON
stitutional phase of tie case