New-York tribune., 1919-04-13
U. S. Legally
Not at War
With Lenine
Dept. Of Justice
That Ruling Is Made in An
swer to Hornaday's De.
mand That the Soviet
Emissary Be Interne d

On April William r. Hornada,
wrote letter to the Department Of
Justice protesting against the activ
ties Of H. c. A. X. Martens, the officia
representative Of the Soviet govern
ment Of Russia, and demanding his in
ternmcnt, this country being in "stat,
Of war" with the Boshovik forces O.
Russia
Yesterday Mr.. Hornaday made publ,
the reply, which follows:
DEPARTMENT or JUSTICE
Washington, d. c.
April 8, 1919.
Mr.. William T. Hornaday,
1876 HnH-of-Fame Terrace, Uni
versity Heights, Nc1O York City.
Sir: In response to your conf
munlcatiom of April S, 1919, on
the subject of L. A. c. K. Martens,
official representative of Soviet
Russia, the situation, from q iegal
standpoint, is not that of war be-
t1Ueen this country and Russia.
Consequently no action can be
taken based upon the thcory that
Russian or representative Of
Russia is an enemy.
Internment is q process alloW-
able solely and enclusively IN the
case of persons Uho are technical
III enemy aliens.
AS for prosecution, that is of
course only justifable where thc
facts clearly sho1u q violaticn of
the express provisions of Federal
law. Respectfully,
For the Attorney General,
JOHN LORD O'BRIAN,
The Special Assistant to the At
tormcy General for Var Work.
Mr.. Hornaday answered as follows:
April II. 1919.
Hon. A. Mitchell Palmer Attorney General
of the United States. Washington, D. C.
Dear Sir: Mr. O'Brian has transmitted
to me your decision of April 10 not to
comply with my demand of April for the
arrest and internment as an enemy alien
of L. C. A. K. Martens. official representa-
tive of the Bolsheviki of Russia, now at
large in New York City
Your decision is entirely at variance
with the logic of the existing state of war
and Mt variance with the laws of common
sense. and hereby I protest against it. If
American soldiers now fighting BoIshevists
in three war areas in Russia and more 60.
inE thither do not constitute war. and If
the Russians Bosheviks are not our enc
mics, then the English language has lost
its meaning and justice has become II Joke
and playthng for legal tcrminologists.
Your decision wraps the Stars and
Stripes around Bolshevik Martens and rem
ders MIN safe within its folds. As it Waves
over him while he breaches from the plat.
form the Dolshevik revolution that Is COM
ing in this country the Bolsheviks of the
audience will laugh with plee ut what thev
Will call the symbol of a nerveless govern
ment.
Your decision will give great delight and
encouragement to all the American Bolshe-
viks. Socialists and 1. w. w. agitators who
now are 20 busy preaching "thc coming
revolution" in this distracted country.
In view OF the present careless and in
different attitude toward Bclshevism of
many Americans in high places, both pub
liz md private. It now seems absolutely
certain that nothing abort OF violence and
bloodshed ever will awaken this sleepy ma
tlon to the }olshevik peril. Violence IL the
end to which our alien enemies in America
steadily and tirelessiy are working. and
their ultimate success In rrcciritntInr
armed violence now Hcems 70 be assured
hsHe thir belief upon tho drawing power of
ths lying lure OF Bolshcvism. the number.
energy and resourccg Of its agents. and tho
apathy and indifference on the other aldo.
Very respectfully youra.
IXIIIlA A II 4 ~