John William Davis to Woodrow Wilson
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Pursuant to the request made in your letter of August 17, 1917, I have examined the charges made by the Union Against Militarism in their "Memorandum on Invasion of Constitutional Rights."According to the allegations of the memorandum the evidence submitted covers (1) the arbitrary denial of the right of free speech and assemblage by local officials, (2) illegal arrest and search by local police and Federal authorities, (3) lawless assumption of power by members of the military forces, (4) unfounded complaints of over-zealous Federal district attorneys, and (5) arbitrary action of postmasters in denying the use of the mails.
Of the five charges made, therefore, the first relates to matters falling under the jurisdiction of the States, and the third and fifth to matters falling under the jurisdictioin of the War, Navy and Post Office departments.
The exhibits submitted in support of the charges consist of (a) three photographs of the Boston Peace Parade Riots and five affidavits relating to this parade, (b) a copy of an ordinance adopted by the City of Indianapolis, (c) three affidavits relating to an alleged attempt upon the part of Federal officials to break up the Socialist organization in Indianapolis, and (d) seven affidavits relating to alleged unconstitutional behavior upon the part of Federal officials in Chicago.
The photographs and affidavits relating to the Boston Peace Parade all concern alleged misconduct upon the part of soldiers, sailors, and State or city officials.
The affidavits relating to the alleged attempt upon the part of Federal officials to break up the Socialist organization in Indianapolis are in conflict with the Department's reports, which show that this charge is unfounded.
The affidavits relating to the alleged unconstitutional behavior upon the part of Federal officials in Chicago refer chiefly to the alleged breaking up of a meeting or "conscientious objectors" by F. S. Townley, who it is charged was under the influence of liquor at the time.
I am advised that the statements in the affidavits concerning the alleged breaking up of a meeting through the disorderly conduct of Townley and his associates are untrue, and that Townley was not under the influence of liquor.
The "Memorandum on Invasion of Constitutional Rights" also makes a number of complaints not specifically covered in the supporting affidavits. It refers to twelve persons indicted in Grand Rapids for distributing literature in opposition to the draft. This case was called to the attention of the Department of Justice by the United States Attorney, was promptly investigated, and was dropped upon the conclusion that the indictments were not good.
The memorandum refers to another case in which a man in Syracuse, New York, was proceeded against for writing on his registration blank in the State military census that he was opposed to participation in this war. In this case United States Judge Ray swore out a warrant against the man and instructed the United States Attorney to present the case to the grand jury. The United States Attorney presented the case to the grand jury as instructed, but asked them to return no bill.
Complaint is also made in a general way that charges of treason have been preferred against certain persons for the sole offense of criticising the Government's war policies. There have been no such prosecutions for treason instituted against persons with the authority of this Department. On the contrary, in every case where this Department's attention has been called to cases of prosecution for treason under the circumstances referred to in the memorandum of the Union Against Militarism this Department has instructed the United States Attorney not to prosecute for treason.
Complaint is also made that in some cases persons unable to produce their registration cards upon demand were held for investigation pending such production. While this method of enforcing the registration provision of the draft law was not specifically authorized by this Department, it was no doubt considered by police officers as being in accordance with the spirit and purpose of section 62 of the registration regulations, reading as follows:All persons registered will be furnished a registration certificate. Since all police officers of the Nation, States, and municipalities are required to examine the registration lists and make sure that all persons liable to registration have registered themselves, much inconvenience will be spared to those who are registered if they will keep these certificates always in their possession. All persons of the designated ages must exhibit their certificates when called upon by any police officer to do so.The United States Attorneys are charged with the duty of prosecuting all delinquents within their respective districts for crimes and offenses cognizable under the authority of the United States. They necessarily and properly have a wide discretion in the performance of this duty. There is nothing in the data submitted by the Union Against Militarism to show that they have abused this discretion.
Without going into further detail, it suffices to say that while some few isolated instances of excess of zeal are shown, the charges made by the Union Against Militarism, in so far as they relate to matters coming under the jurisdiction of this Department, are without substantial merit.
For your convenience I enclose a memorandum setting forth the charges relating to the War, Navy and Post Office Departments, with references to the data submitted in support of the charges.
I also return herewith the letter to you from the American Union Against Militarism of August 10, 1917, and the documents submitted to you in connection with that letter.
Respectfully,
Jno. W. Davis
Acting Attorney General.
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