Espionage Act of 1917

search, property and papers

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The act included a very long section as to the issuing of search warrants. This per mitted judges of District Courts as well as of State and Territorial courts to issue search warrants for either property or papers em bezzled contrary to a law of the United States Probable cause had to be shown, supported by affidavits, the rights of citizens being carefully protected, but when the warrant was issued and in the hands of the proper officer he had the right to break and enter as might be necessary to carry out the search. Such officer had to give a receipt and inventory of the property so taken, under oath, and a copy must be placed with the person from whom the property or papers were taken. Restoration of the property in case of error was provided for. Obstruction of such search warrant officers in their duty involved a fine of not over $1,000 and a year's imprison ment.

The use of the mails was prohibited for any papers, etc., in violations of the provisions of the Espionage Act, but only a search warrant authorized the opening of a sealed letter ad dressed to another. All treasonable matter was

declared non-mailable, and the mailing or at tempting to mail such carried a possible fine of $5,000 and five years' imprisonment.

The Espionage Act was framed so as to in clude not only the United States proper but all its territories, as the Philippine Islands and th Canal Zone, and all its waters, continental or insular. The act is a document of over 10,000 words, under 13 titles, and was modeled more or less on the experiences of Great Britain in dealing with the same sort of difficulties during the earlier years of the war. It proved quite effective in checking the evils at which it was aimed, and after the first year of the war there was very little enemy. activity in the United States and all surreptitious treason was effec tively stamped out except, of course, that which occurred sporadically and not as the result of organized bands of conspirators.

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