Evening star., 1942-05-05

inquiring exhaustively into the
curious fact that many publications,
week in and week out, are following
almost exactly the pro-Axis propa-
ganda.
The Espionage Act itself has been
upheld as to conStitutionality
When indictments are rendered, the
question of proof or evidence of
whether the publishers of seditious
literature were guilty of a willful
intent to interfere with the war
effort will arise In some instances,
evidence will be adduced of a link
to agents of the Axis countries but
in others the publishers of seditious
literature have not been discovered
to be In contact with enemy agents.
The Justice Department will rely
primarily in such instances on the
fact that publishers of seditious lit
erature have emphasized certain
themes and have practically ex-
cluded every other kind of material
which could be construed as hearty
support of our own cause in the
war. The fact also that many of
these seditious publications reveal
an identity of attack and that the
same themes are promoted simulta-
neously in different parts of the
country will be relied upon to prove
willful intent.
New Publications Appear.
There is certainly something
strange in the fact that various
kinds of publications which were
not in existence prior to September,
1889, have now taken up the cudgels
for the very ideas which the Axis
powers have stressed in their broad
casts and in the speeches Of their
public men. The inference is strong
that either there is a link with
enemy agents or that a readiness
to impair the war effort transcends
every other consideration.
The effectiveness of the seditious
publications cannot be easily meas
ured.. But there can. be no doubt
that certain themes, when stressed,
make their appearance in different
communities and tend to. produce,
discord and friction within the Ma
ton in time of war. The Govern
ment's policy is to strike at the
source Of such propaganda on the
theory that it is disseminated pri-
marily as means Of reducing the
effectiveness of our war effort.
Once a conviction Is obtained
under the espionage law, seditious
publications, as well as their pub
fishers, can be barred from sending
out or receiving mail and the crimi-
nal provisions of the law provide
Jail penalties for violators. The JUS
tice Department steered a difficult
and delicate course in the last war
and faced some of the same prob
lens that are now being encoun-
tered. John Lord O'Brian, at pres
ent counsel for the War Production
Board, was the Assistant Attorney
General in the Wilson administra-
ton who dealt with the espionage
cases, and he made an excellent
record in that field.
Night and Day Task.
Wendell Berge is the Assistant
Attorney General in charge of pros
ecutions under the espionage law
and he is tackling the job con-
scientiously and efficiently. He has
number of assistants who are
working day and night on the whole
problem of espionage violations and
seditious publications related there
to. The outlook is for a vigorous
enforcement of the statute, as the
Justice Department has selected for
the task a corps of able lawyers who
have the benefit of knowing the
kinks that arose in getting convic-
tions during the First World War.
Criticism in these columns of the
procedure of the Post Office Depart
ment on the ground that it should
apply its ban on the use of the mails
after, instead of before, convictions
have been obtained by the Justice
Department under the espionage
statute has no relationship OF
course, to proceedings under the
Espionage Act itself. The latter
steps should be encouraged. because
the inference is strong that if the
Axis powers did not themselves
originate some Of the sedltious pub.
lications, some of their sympathizers
on this side Of the Atlantic played q
part in setting in motion the waves
of hatred and friction that have
been generated for the last two
years.
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