Evening star., 1947-04-15

| Wallace Speech Held
| Within American Law
| Logan Act Directed at Intrigue
Rather Than Public Discussion
By D1vid Laurence
Henry Wallace has stirred up the
bitterest kind of feeling and resentment
BY his speechmaking abroad, but it Is
Questionable whether he has violated
any law. He is probably guilty Of bad
taste and bad Judgment In attacking his
own country's policies from the speaking
platform in another country, but is
within his constitutional rights so long
as there is no state Of war or no giving
Of military aid and comfort.
The statute which has been brought
to the fore as basis for possible prose-
cution is called the Logan Act. It was
enacted on January 80, 1899, and never
has been tested as to constitutionality.
It was adopted at time when means
Of communication were scant and there
was no such thing as radio or cable or
telegraph to report instantaneously
what citizen might say in q public
speech. The law was probably directed
at secret intrigue rather than public
discussion.
Text Of Logan Act.
Here is the text of the Logan Act as
taken from the criminal code:
Every citizen of the United States,
whether actually resident or abiding
within the same, or in any place subject
to the jurisdiction thereof, or in any
foreign country, who, without the per-
mission or authority of the Government,
directly or indirectly, commences or
carries on any verbal or written corre-
spondence or intercourse with any for
eign government or any oficer or agent
thereof, with an intent to influence the
measures or conduct of any foreign gov
ernment or any officer or agent thereof.
in relation to any disputes or contro-
versies with the United States, or to
defeat the measures Of the Government
Of the United States; and every person,
being citizen Of or resident within the
United States or in any place subject to
the jurisdiction thereof, and not duly
authorized, who counsels, advises, or
assists in any such correspondence with
such intent, shall be fined not more than
5000 and imprisoned not more than
three years; but nothing in this section
shall be construed to abridge the right
OF citizen to apply, himself or his
agent, to any foreign government or the
agents thereof for redress of any injury
which he may have sustained from such
government or any Of Its agents or
subjects"
There is no dispute at present between
the United States and Great Britain on
the Greek-Turkish issue, but there are
certain members of the British Labor
Party's cleft wing" who would like to
see Great Britain adopt policy of op-
position to the program of the United
States Government in Greece and
Turkey.
MIR. Wallace, by lambasting the poli-
cies Of his own Government, openly
seeks to change those policies and to
gain the support of public opinion In
other countries for his views. But, can
1t be said that he has entered for that
purpose into verbal or written corre-
spondence" with the government Of
Great Britain or with the Russian gov
ernment?
Likened to Churchill Talk.
The problem has been complicated to
Mr.. Wallace's disadvantage somewhat
by the use which the former Vice Pres
ident made of the radio facilities of the
British Broadcasting Co. This Is an
official British government instrumen-
tality. When Mr.. Wallace availed him.
self of those radio facilities, he was in
sense using q governmental facility
that could be construed as official inter-
course. But it is quite possible that the
British Broadcasting Co. inquired of the
American Ambassador, Lewis Douglas, II
he had any objection to the grant OF
radio facilities to Mr.. Wallace. If 1t
turns out that this did not occur, but
that the British government invited Mr..
Wallace of its own initiative, through
the British Broadcasting Co. to make
speech, jury might consider such
acceptance Of an invitation as danger
ously close to law violation, since 1t
was not authorized by the American
Government.
But, actually, times have changed q
good deal since the Logan Act was
passed and it will be recalled that Win
ston Churchill made speech at Fulton,
Mo-, a year ago and the question of the
propriety Of such an address was raised
by the Russian government. It was
assumed that the President, who had
asked MIR. Churchill to speak in Missouri,
may have had knowledge Of the subject
matter Of the speech, but this was spe-
cifically denied. Anyway, whatever
rights Winston Churchill enjoyed over
here might seem to be logical for Mr..
Wallace to enjoy abroad.
This, however, applies only to the
technical or legal phases OF the matter
1t is nevertheless bad taste and bad
judgment for any American to 60
abroad and attack the policies Of his
own Government. The punishment for
this is more severe in the court of public
opinion than in the phrases Of the Logan
Act.
Reproduction Rights Reservsd)
Or Often Enouoh