ESPIONAGE ACT OF 1917. When the United States entered the European War in 1917 it immediately became apparent that ex traordinary legislation was needed to keep in check treasonous action by certain citizens, but more especially by sympathizers with the enemy, resident in the country. To this end the Espionage Act was passed, 15 June 1917. The first provision was that whoever was in any way instrumental in the gathering of informa tion, pictures, sketches, etc., on government property with the intent of using them in a way detrimental to the interests.of the United States was liable to a fine of $10,000 and to imprison ment for two years. This was, of course, designed to check enemy aliens who had access to navy yards, wireless stations or places where construction work was going on. The trans mission of such information to a foreign coun try, or its representative, in time of war, was made punishable by death, or 30 years' impris onment, and this applied to any sort of informa tion that might be useful to an enemy. The cir culation of false reports for the purpose of causing insubordination, disloyalty, mutiny, etc., including obstruction of enlistment, was made punishable by not over $10,000 fine and 20 years' imprisonment. Conspiracy with a view to doing any of these things carried the same punishment to all conspirators, whether or not the things were accomplished. The harboring or conceal ing of any one guilty of such treasonable of fense involved a possible fine of $10,000 and two years' imprisonment.
The Espionage Act also gave power to the President, in case of emergency, to regulate the anchorage and movements of vessels in United States waters, and provided not over $10,000 fine and two years' imprisonment for any one failing to comply with or interfering with the carrying out of such regulations. A similar provision was made with reference to the har boring of enemies on vessels in United States waters. The injury of vessels engaged in for eign commerce, as by setting fire to them or placing bombs, carried a fine not exceeding $10, 000end 20 years' imprisonment. Any other form of violent obstruction of exportation called for riot over $10,000 fine and 10 years' imprison ment.
• For the enforcement of neutrality the Espionage Act carried a long list of prohibi tions. On reasonable cause any vessel might be
detained in port, to prevent the unlawful ship ment of supplies or dispatches. The sending out of armed vessels without permission was strictly prohibited. Very careful regulations were made to prevent any sending of goods where they might be transshipped to an enemy, and statements had to be filed with the col lector of customs to aid in carrying out such orders. The taking of a vessel out of port in violation of the rules laid down involved a fine of not over $10,000, plus five years' imprison ment, and forfeiture of the vessel and goods. Any interned alien escaping or attempting to escape was liable to $1,000 fine and a year in prison. Being engaged in any unauthorized or filibustering military expedition carried a possi ble fine of $3,000 and three years in prison. The President was authorized to use the army or navy as necessary to carry out any of the pro visions specified.
The seizure of arms and other articles in tended for export was provided for, and the same forfeited to the United States, and the method of trying such a case before a compe tent court was set forth. The President was also given power, during ,the war, to declare certain exports unlawful, such as in his discre tion might be harmful to the United States, and the penalty was placed at not over $10,000 fine and two years in jail. Directors and officials of transportation companies were made personally liable. The disturbance of foreign relations was provided against by =king criminal any harmful statements to or about foreign officials, under certain conditions, or the impersonation of a foreign official, or the acting as an agent of a foreign government except as a regularly appointed consul or attaché, was punishable. Conspiracy in this country to destroy property in a foreign country was cov ered under this clause, and carried not over five years' imprisonment and $5,000 fine. All abuses of the passport privilege were severely dealt with. The counterfeiting of the government seal, or mutilation or alteration of any docu ment bearing such seal, involved a possible $5,000 fine and 10 years' imprisonment.