Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1918-04-03
U. S. CALLED TOO LAX
WITH DISLOYAL ALIENS
Officials Put Blame on Con-
gress for Failure to
Convict
NO LAW FOR SABOTAGE
Department of Justice Powerless to
Demand Heavy Bail in
Gauge Case


Department Of Justice officials, re-
plying to the widespread criticism
OF their policy Of treating disloyol
cisrn OF their policy OF treating disloyal
acts and utterances by enemy aliens,
put responsibility for their alleged i'm
potence squarely up to Congress.
They declared they are unable to
accomplish the things demanded
throughout the country because after
making arrests they have not the
basis in law OH which to obtain con-
victions.
Replying to direct inquiry about the
failure of the prosecution of Louis
Werner, editor, and DR.. Martin Oar
kow, managing editor OF the Philadel'
phia Tageblatt, in the reasonable ut
terances case. officials declared that
conviction under the statute against
treason was almost impossible in that
case. but that at the next term OF
court the indictments charging the
editors with violation of the espionage
act would be brought up and that con-
victions are hoped for.
Call Laws Too Lenient
Officials of the department made the
surprising admission that under eN-
listing statutes 1t is almost impossible
to obtain conviction for sabotage, and
that II Is unlikely that the Govern.
ment could impose severe penalties
upon enemy aliens and others charged
with puncturing gas masks and there
by destroying them; boring airplane
parts. damaging jigs and gauges and
putting ground glass in food for SOL
diers.
They explained that United States
District Attorney Kane In Philadel-
phia virtually was pOwerless to de-
mand higher bail than $4,000 in the
case of Frederick Schubert. vice
Company at Sellersyille, and other Of
president of the United States Gauge
ficials and employees suspected of tam
pering with torpedo and aircraft
gauges, and said that without the
sabotage act, which Congress has
pending for many months, only the
technical charge Of attempting to de-
fraud the Government could be sus.
tanned.
The sabotage bill. Department Of
Justice officials declared, has reached
a conference committee Of the House
and Senate. They declared that Com
gress has not shown a disposition to
enact measures embodying direct and
clear language proposed by the de-
partment and cited the Senate amend
ment to the alien enemy act DESIGNED
TO provide for the internment Of
women.
Internment of Women
The Senate judiciary Committee,
which Is considering the bill has pro-
vided that women may not be interned
unless the Government is able TO
prove in court that they have COM
mitted disloyal acts. II was explained
that most of the women considered
dangerous aliens are natives of the
United States who have married Ger
mans. The department holds that few
Such women could be interned If the
government were required to go into
court with each case and establish d.
rect acts Of disloyalty.
In explaining the inability of the
government TO obtain a conviction in
the case of the Tageblatt editors, off,
cials OF the department declared that Il
was necessary to substantiate a charge
OF treason to prove that there was a
reasonable motive In printing an arti-
Gle, and that its publication actually
aroused sedition and gave actual aid
and comfort to the enemy.
Under the espionage act, on whfcn
the editors will be tried later. it will
be sufficient to establish that an often
sive article would be calculated to in
cite sedltion.
The Department of Justice is TO re-
quest Congress 10 pass a disloyalty act.
under which il will be possible to OBJ
tain more convictions and heavier
penalties for disloyal utterances, with
out the need of establishing the motive
of the statement or proving that IL
actually aroused animosity to the Gov
ernment or the military forces