APPENDICES
APPENDIX A
HISTORICAL STATEMENT OF HINTON G. CLABAUGH,
DIVISION SUPERINTENDENT, U. S. BUREAU
OF INVESTIGATION
Shortly after the severance of diplomatic relations between the United States and Germany on February 1, 1917, Mr. A. M. Briggs, then vice-president of a poster advertising company of New York, Chicago and elsewhere, whom I had met in connection with several official investigations, called at the office of the Bureau of Investigation, and made substantially the following statement: “Diplomatic relations have been severed and in all probability this country will be drawn into the European war. I am physically unable to join the active fighting forces, but I would like to help in some way, and it has occurred to me that a volunteer organization might be of great assistance to an investigating bureau such as the one with which you are connected. I hereby pledge all my time and all my resources. I am not a man of much wealth, but the Government is welcome to every dollar I possess, as well as my time, and I earnestly hope that if you can think of any way in which I can be of assistance to this Bureau you will command me.”
In the meantime I had a conference with the late Herman F. Schuettler, then General Superintendent of Police of Chicago, and attended a meeting of prominent citizens of this community in the Federal Building.
Subsequently, or a few days after the first conversation, I told Mr. Briggs I had been thinking about his idea and believed that an organization of volunteers would be of very great help to the Department, and as a first step in connection with such organization we could use some automobiles, which would enable the agents to cover several times as much territory, to say nothing of the time thus saved, but that there was no appropriation from which the Government could pay for the upkeep of such cars. I also explained to him the substance of some telegrams which I had exchanged on the subject with Mr. A. Bruce Bielaski, Chief of the Bureau of Investigation at Washington.
Mr. Briggs on February 26th tendered the Chicago office three good cars, and offered to furnish a car, or cars, for the New York and Washington offices, as per my telegram to the Chief of the Bureau, dated February 27, 1917.
On February 27, 1917, I wrote the following letter to Mr. Bielaski, Chief of the Bureau:
“This letter will introduce to you Mr. A. M. Briggs, concerning whom I have already telegraphed and written you. Please be sure to have Mr. Briggs meet Mr. Wrisley Brown, Mr. Horn and Mr. Pike; and I should also like to have him meet Mr. Suter if he is in.”
The Mr. Wrisley Brown referred to was Special Assistant to the Attorney General, and is now Major Wrisley Brown of the Military Intelligence Division. Mr. Raymond Horn, Mr. A. H. Pike and Mr. John Gardner were assistants to the Chief of the Bureau. Mr. Suter was Private Secretary to the Attorney General.
On February 28, Mr. Bielaski sent me the following telegram:
“Department Justice, Washington.
“Hinton G. Clabaugh,
Bureau of Investigation, Chicago.
“Wire immediately whether acceptance offer automobiles would be used as advertisement in any way. Believe Congress opposed any advertisement feature. Bielaski.”
On February 28, 1917, I wired Mr. Bielaski as follows:
“A. B. Bielaski,
Department Justice, Washington.
“Telegram received. Offer of four automobiles for Chicago, four for New York, three for Washington, referred to in telegram, not intended in any way as advertisement. In fact, specifically stated to contrary. Clabaugh.”
Mr. Briggs also tendered a gift of fifty to seventy-five automobiles, to be divided up among the various offices of the Bureau, in the principal cities, where they could be used to best advantage, without any cost to the Government whatsoever, as per my letter to the Chief of the Bureau of February 27, 1917.
On March 14, 1917, I sent a personal letter to Mr. Bielaski, Chief of the Bureau, enclosing a letter addressed to me by Mr. Briggs under date of March 14, a copy of which I have and which is as follows:
“Hinton G. Clabaugh,
Bureau of Investigation, Chicago.
“My dear Mr. Clabaugh:
“Believing that the Department of Justice is at this time in need of possible assistance in their work and that a volunteer organization, properly built and controlled, could render valuable and efficient service, I beg to submit the following for your consideration:
Its Purpose: A volunteer organization to aid the Bureau of Investigation of the Department of Justice.
The Object: To work with and under the direction of the Chief of the Bureau of Investigation, of the Department of Justice, or such attorney, or persons as he may direct, rendering such service as may be required from time to time.
Membership: This organization is to be composed of citizens of good moral character who shall volunteer their services and who are acceptable to your Department.
Construction: It is proposed that national headquarters be established either in Washington, or perhaps Chicago, because of its geographical location, and that branch organizations be established in such cities as your Department may direct.
Finances: It is proposed that headquarters organization and branch organizations shall finance themselves either by outside subscriptions or by its members.
Control: It is proposed that each unit of this organization shall be under the control of the Government but will report to and be under the direction of the nearest Department of Justice headquarters.
Trusting you will give the foregoing your consideration,
(Signed) A. M. Briggs.”
On March 19, 1917, Mr. Bielaski telegraphed me as follows:
“Hinton G. Clabaugh,
Bureau of Investigation, Chicago.
“Replying your letter fourteenth Briggs should be encouraged in organization volunteer association. Be glad talk with him about matter. Letter follows. Bielaski.”
Mr. Bielaski confirmed his telegram by letter under date of March 20th, which reads in part as follows:
“Hinton G. Clabaugh, Chicago.
“In reply to your letter of the 14th, with respect to letter addressed to you by Mr. A. M. Briggs of Chicago under date of 14th, I beg to advise you that this Department is encouraging the organization of volunteer associations to aid the Government in securing information as to the activities of foreign Governments or unfriendly aliens.
“In the pressure of business your desire for an immediate answer was overlooked, but I have just telegraphed you the gist of this letter. This organization should be handled as confidentially as practicable, and care taken that nothing is done by it to unnecessarily alarm aliens in this country or cause them any apprehension as to the fair manner in which they will be treated, and no arrests should be caused, except after consultation with the federal authorities, in order that there may be no confusion.
“I will take no further action in this matter until I hear from Mr. Briggs or yourself.”
On March 20, I telegraphed Mr. Briggs as follows:
“A. M. Briggs,
Hotel Claridge, New York City.
“Just received following telegram from Chief Bielaski: ‘Replying your letter 14th, Briggs should be encouraged in organization volunteer association. Be glad talk with him about matter. Letter follows.’ Personally, foregoing makes me very happy, as it does you, I am sure. Please wire what day you will confer with Chief. Clabaugh.”
On March 20, I received the following telegram, dated New York, from Mr. Briggs:
“Hinton G. Clabaugh,
Bureau of Investigation, Chicago.
“Great news. Will see Chief Washington Thursday morning nine thirty. Please arrange appointment. Briggs.”
I then wired the Chief of the Bureau, and on March 22, Mr. Briggs wired me from Washington as follows:
“Hinton G. Clabaugh,
Bureau of Investigation, Chicago.
“Very satisfactory interview. Chief has approved. Organization, our original plan, to be formed immediately. See you Saturday. Briggs.”
Thus it was that Chicago was the first city in the United States to have such an organization. It was the idea of Mr. A. M. Briggs, and of no one else. Although in public speeches, letters and upon other occasions he has been generous enough to credit the idea to me, I want it positively understood that the whole scheme was his thought, and it is due to his untiring energy and sacrifice that the organization was started and put on its feet during the early period of its history, when many people were inclined to look upon it and ridicule it as “a bunch of volunteer detectives, etc.” Mr. Briggs personally defrayed all expenses in the early history of the organization. National headquarters were here in the Peoples Gas Building and the Chicago Division was formed as well. Thomas B. Crockett was Assistant Chief of the national organization prior to the time, or until the time, he was made a Major in the Army, and assigned to the Intelligence Branch, Central Department.
At the beginning of the war, the Bureau of Investigation handled all complaints of violations of so-called federal war laws, the enforcement of which were not specifically charged to other departments or bureaus by statute. In time, however, the military authorities established a bureau of Military Intelligence, and the Navy established in Chicago the Aid for Information and Naval Intelligence Bureau.
Under the direction of the Bureau of Investigation, a War Board was formed, consisting of representatives of the following Investigating Bureaus:
Chairman: Hinton G. Clabaugh, Division Superintendent, Bureau of Investigation, Department of Justice.
Colonel Carl Reichmann, former Military Intelligence Officer, Central Department, War Department.
Major T. B. Crockett, Military Intelligence Officer.
Lieutenant Edwin L. Reed, Aide for Information, 9th, 10th and 11th Naval Districts.
Lieutenant Commander Clive Runnells, Naval Intelligence Officer.
General James E. Stuart, Post Office Inspector in Charge.
Colonel L. G. Nutt, Supervising Agent, Internal Revenue.
H. R. Landis, Inspector in Charge Immigration Service.
John J. Bradley, U. S. Marshal.
Charles Howe Bradley, Special Agent in Charge, Treasury Department.
Davis S. Groh, Special Agent in Charge, Plant Protection Division, War Department.
John H. Winterbotham, Chairman, Chicago Division, American Protective League.
Robert A. Gunn, Chief, Chicago Division, American Protective League.
John H. Alcock, former Acting General Superintendent of Police.
John J. Garrity, General Superintendent of Police.
Morgan Collins, former First Deputy, Superintendent of Police.
By degrees the League, through the Bureau, tendered its services to these several branches.
In this necessarily brief and naked sketch of the early days of the American Protective League, I ought to add just a word or so regarding the composition and the purposes of this War Board. I called a meeting of the heads of the various federal investigation bureaus of the several departments of the Government, having to do with investigation involving the detection and prosecution of crime under Federal laws, and the general superintendent of police, who represents the local authorities. The purpose of this meeting of the committee was to discuss various matters relating to individual bureaus, with the idea of coördinating the work and to have maximum efficiency with minimum confusion and expense, and thus to avoid unnecessary duplication of work. A committee representing two or three departments was appointed, which met almost daily for many months. This committee was of invaluable assistance. It kept the various heads of bureaus working together in harmonious coöperation, and many constructive ideas were put into effect.
Chief Thomas I. Porter, Operator in charge of the Secret Service Division, Treasury Department, nominated me for Chairman. The nomination was seconded by Colonel Carl Reichmann, Military Intelligence Officer, and unanimously approved, although I favored the selection of one of the older men. Captain Charles Daniel Frey, later of the Military Intelligence Division at Washington, and one of the National Directors, attended the first meeting, and was selected secretary of the committee.
The Chicago Bureau, assisted by the American Protective League, has conducted some of the most important investigations in the country. It is my judgment that the convictions under war laws in the Chicago district will equal that of any three cities in the country. While comparisons are odious, I am referring to the record as a matter of pride rather than egotism.
Topping the list with the famous I. W. W. trial, as late as May, 1917, it was believed that the I. W. W. situation was one which should be handled by the state authorities, but their activities and the history of the organization were such that the Government undertook to follow it up officially shortly after that time.
I was placed in charge of the investigation at Chicago. A branch bureau was established in the McCormick Building, and assisted by a number of Special Agents, we worked there continuously, not coming near the Federal Building for eight or ten weeks, until on September 5, 1917, the Government, through search warrant process under the Espionage Act, raided I. W. W. headquarters in approximately one hundred different places throughout the country simultaneously. The prosecution was in charge of Special Assistants to the Attorney General, Frank K. Nebeker, Frank C. Dailey and Claude R. Porter, as well as Oliver E. Pagan, Indictment Expert and Special Assistant to the Attorney General, and U. S. District Attorney Charles F. Clyne.
Indictments were subsequently returned. A trial, lasting a number of months, was had, which resulted in convicting about one hundred, or practically all of the active leaders of the I. W. W. movement, ninety-seven of whom were sentenced by Federal Judge Landis and are now serving sentences in Leavenworth Federal Penitentiary. Cases are pending, as this is being written, against other leaders of the I. W. W. in Sacramento, Kansas City, Omaha and elsewhere.
In connection with the preparation of the evidence at Chicago, I take this occasion to commend most highly the efficient, untiring assistance of Special Agent George N. Murdock, of the Indianapolis office, who was assigned to Chicago and relieved me of the investigating detail work in December, 1917, and he continued to assist those in charge of the case throughout the trial. Mr. Murdock is still Special Agent of the Department of Justice, in active charge of the investigating work at Sacramento, Kansas City, Omaha and elsewhere.
The Bureau of Investigation and the American Protective League are very greatly indebted to the late Herman F. Schuettler, then General Superintendent of Police of Chicago, for his competency and very great assistance personally, also his entire Police Department, in helping make the American Protective League a success in Chicago. The same is true of John H. Alcock, former Acting General Superintendent of Police, Morgan Collins, First Deputy Superintendent of Police, and other officials of the Police Department.
I shall therefore not burden this memorandum except to call attention to the famous Rockford draft cases, which resulted in the conviction of about one hundred persons. (Rockford is the entry-point for Camp Grant Cantonment.)
After war had been declared and during the discussion in Congress of the Draft Act, the I. W. W. members and their sympathizers carried on an active campaign against the Act, and when the Act was passed, simply advised their members not to register. They were particularly active in the Chicago Division, as well as around Rockford. To insure carrying out their plans at Rockford, an all-day meeting and picnic was announced for June 5 at Blackhawk Park for the purpose of keeping their members and sympathizers together until after the close of the registration booths in order to prevent their registration.
On June 6, 1917, Wait Talcott, Chief of the American Protective League at Rockford, presented the facts to me and he was directed to request the local authorities in Rockford to take steps to apprehend all those who had not registered. Late in the afternoon three were apprehended and locked up in the county jail. This act enraged the leaders of the I. W. W. Meetings were held, demanding the release of the persons in custody. Upon adjournment of the meetings the members marched in a body through the principal streets of Rockford to the jail, about a mile and a quarter away, and a demand was made to release the prisoners. Upon the Sheriff’s refusal to do so, the mob incited a riot, as a result of which, arrests were made of the leaders and persons known to be in sympathy with the I. W. W. and placed in jail. About one hundred and thirty-five arrests were made. At the time standing room only was available in the jail. Sheriff Guy Ginders of Rockford arranged with the Sheriffs of Boone and Stevenson Counties to accept some of the prisoners. With this end in view special interurban cars were chartered. Thirty-five were taken to Boone County, forty-five to Stevenson County, and about thirty remained in the Rockford city jail. Before the transfers were made all the glass in the windows of the jail was broken and most of the plumbing wrecked. The leader, James Cully, was indicted by the Federal Grand Jury, tried in the federal court, found guilty, and sentenced to Leavenworth Penitentiary. A majority of the balance were indicted by the federal grand jury for failure to register, and about 107 were sentenced to a maximum of one year in the Bridewell at Chicago.
This case, together with the I. W. W. case at Chicago, makes a total of 212 defendants convicted in two cases—a record, I believe, in the Federal Courts of this country. The American Protective League aided the Department in both of these important cases.
As I understand it, “The Web” will be a history of the League as an organization rather than a work referring to any individuals connected with it, but, nevertheless, I desire to say that in addition to Mr. A. M. Briggs, both Captain Charles Daniel Frey and Mr. Victor Elting, who later became National Directors at Washington, but who were Chief and Assistant Chief respectively of the Chicago Division in its early days, deserve the highest possible praise for the work done by them and the sacrifices they made in putting the League on its feet. Mr. Robert A. Gunn, formerly Assistant Chief, later Chief of the Chicago Division, is also entitled to highest possible praise for his untiring devotion to the service. Mr. John H. Winterbotham, Chairman of the Board of Governors at Chicago, who was one of the first members of the League, and who aided it in its financial development and other work, besides traveling through a number of cities in the middle west, appointing local chiefs of the League, etc., has done as much as any other man to perpetuate and make the League a success. The League will never be able to repay Mr. John F. Gilchrist, its Chief for many months during a very trying period, for his able leadership and devotion to the work. He was ever available, at all hours of the day and night, and with his assistants is entitled to the credit for making the Chicago Division what it is.
Without exaggeration, I think the Chicago Division of the American Protective League did seventy-five percent of the Government investigating work throughout the war. It seems to me that this one sentence covers the situation.
When Captain Charles Daniel Frey was Chief of the Chicago Division, there was never a more active, energetic worker, and while I am not personally familiar with his work at Washington, I feel sure it was in keeping with what I know he did at Chicago.
In addition to working for all Government bureaus, and helping in thousands of investigations, the League conducted a famous so-called “Slacker Drive” in Chicago during the period July 11 to 15, inclusive, 1918, and apprehended, or caused to go to the local boards to straighten out their records, 40,167 delinquents. The total number of deserters and delinquents apprehended during the period of the war, or taken to the local boards and inducted into the service, or permitted to file their questionnaire, or register, totaled approximately 67,000. Not one word of criticism was heard of the Chicago raid. During the four days, approximately 200,000 persons between the ages of 21 and 31 were questioned. Hotels, cafés, saloons, baseball parks, moving-picture theatres, railroad depots, and other places where people are wont to congregate, were visited systematically and simultaneously throughout the district. A few who were unnecessarily detained, or believed they should not have been detained, instead of filing a protest, congratulated the Department and stated that their slight inconvenience was nothing to compare with the duty they owed to the community in aiding the authorities in apprehending those who had not complied with the law. The press, throughout the period of the war, aided the League and the Bureau of Investigation in every possible way.
In addition to the automobile service rendered free of charge to the Government by the American Protective League, there grew out of this idea an organization known as the Emergency Drivers of Chicago, composed exclusively of women who devoted their entire time and machines, without cost to the Government, to driving the agents around this vicinity. They maintained, from the beginning of the war down to the present time, an office in the Rookery Building, and furnished this Bureau with an average of fifteen to twenty automobiles per day. Mrs. Frederick D. Countiss, whose husband, Mr. Frederick D. Countiss, was also active in the American Protective League work, was responsible for this organization, and subsequently Miss Florence Spofford was Chairman of the Chicago Division. The organization was afterward taken over by the American Red Cross, and is now known as the American Red Cross Automobile Drivers, although, because of the manner in which it originated, it has always maintained an independent branch in the Rookery Building, over which Miss Spofford presided and which continued to furnish assistance to this Bureau. Personally, I doubt whether there is a single member of the American Protective League or emergency driver who appreciates just how much this volunteer assistance has meant to the Government during the war.
(Signed) HINTON G. CLABAUGH
Chicago, December 15, 1918.
APPENDIX B
CONFIDENTIAL CONSTITUTION OF THE AMERICAN PROTECTIVE LEAGUE AS FIRST OUTLINED TO MEMBERS
Executive control of the organization is centered in a Board of National Directors operating from National Headquarters at Washington, D. C., in coöperation with the Department of Justice, and through it with other departments and agencies of the Government; this Board being established to coördinate the activities of the local branches throughout the country.
Divisional headquarters are established in the various States to coördinate the work of local branches operating throughout the divisional territory; to keep in touch with the work of each; to promote their efficiency and to render them practical assistance; and to establish and maintain ready communication with Agents in Charge of the Bureau of Investigation of the United States Department of Justice; and to develop methods of operation.
The work of the American Protective League in the field is performed through the local branches. The Chief of the Local Branch is appointed, and is subject to removal, by the Board of National Directors. He is the directing head of the organization and responsible therefor. He will appoint an Assistant Chief; and, in his discretion, an Advisory Committee.
Members of the organization must be American citizens of legal age, of good character and absolute loyalty, who undertake to serve from patriotic motives and without compensation. The reward of a member is the opportunity to serve the Government in a responsible way in matters of grave importance. The selection of members is a most important duty devolving upon the Chief, both because the future efficiency of the Local Branch is dependent upon its personnel, and because of the potential danger involved in mistakes in enrollment. The interest of the Government and the ability of the candidate to render efficient service are the first considerations and are paramount to any considerations of business, family or friendship.
Every member of the organization must subscribe and swear to the formal oath before enrollment. This rule will be rigidly enforced and no member will be recognized as such until this action has been taken. The candidate will be sworn in before an officer qualified to administer oaths.
Strict observance by members of the rules and regulations of the organization is required. The Government must not be embarrassed by unauthorized action of members in the attempted performance of their duties. Experience has demonstrated the value of a Trial Board consisting of disinterested and responsible members of sound and unprejudiced judgment.
The Bureau of Finance procures the funds necessary for the work of the organization from voluntary contribution of citizens, and has charge of all expenditures. It is important that an accurate system of requisition and voucher be installed and that all contributions be strictly accounted for. Periodic audits should be made at regular intervals. No volunteer member of the League should be allowed to profit through his service.
Local Branches should not derive their revenue from any single person or interest, but should secure them from various sources so that no individual or business interest shall at any time be in a position to dictate as to the personnel, policy or activity of the Local Branch. Great care should be exercised that no alien enemy, or person in sympathy with the cause of the enemy, be allowed to contribute money and thereby discredit the organization. Experience has shown that through appreciation of the protection afforded the community by a competent local organization, adequate funds may readily be secured from responsible citizens. Each Local Branch is self-supporting, and will be requested to make its proportionate contribution toward defraying the expenses of the National and Divisional Headquarters. The efficient operation of these Headquarters, and their usefulness to the Local Branches, require adequate quarters, equipment and clerical assistance; and involve large expense for printing and distribution of bulletins of instruction and other literature.
The Bureau of Law maintains an adequate corps of competent lawyers. It advises operatives upon all matters relating to their work, including questions of right and authority, the competency of evidence, etc. It assigns individual attorneys to direct particular investigations, and gives advice as to the construction of laws. It revises the reports of operatives, and briefs the same for submission to the Bureau of Investigation of the Department of Justice. In large and thickly populated communities a zone or district system of organization has proven most effective, members being assigned according to their residence. Under this plan the territory is divided into inspection districts, each under the command of an inspector. Each inspection district is in turn subdivided into convenient territorial units, each under the direction of a captain. Under each captain is a company consisting of the requisite number of platoons, each under the command of a lieutenant. No platoon should exceed ten men in size. Each inspector is definitely responsible to the Chief for the territory in his district, and each captain is responsible to his inspector for the territory assigned to him. Cases for investigation within a district are assigned to the inspector for that district and by him through a captain to the men best fitted for the work. An auxiliary squad for emergency work may operate directly from headquarters.
Experience has shown that a company under a captain should not exceed fifty men. The organization of a company is indicated in the general chart.
The Investigation Bureau should establish and maintain a close association with the Agent in Charge of the Bureau of Investigation of the United States in order to render the greatest possible assistance to the Department of Justice. In the larger cities and wherever possible it is highly desirable that a Special Agent of the Department of Justice be assigned to the Local Branch to direct the work of investigation.
It is the duty of each division chief to extend the organization throughout the city within the lines of his department in such manner as to attain so far as practicable the following ends: (1) the enlistment of responsible persons of sufficient number in each bank, business house and industrial plant of importance, whose sworn duty it will be to promptly report through the proper channel all cases of disloyalty, industrial disturbance, or other matter likely to injure or embarrass the Government of the United States; and (2) the establishment of an organization, through such means, which will at all times be ready and able to assist the operation of the Investigation Bureau of the Local Branch and of the Department of Justice when their investigations shall require an entrance into and the securing of information from such banking, business or industrial establishments.
In this Bureau large numbers of citizens will be enrolled, forming a WEB of communication throughout the community, by means of which quick and responsible report will be made of any and all matters affecting the welfare of the country during the present crisis. The duty of members to report will extend to all industrial, social or political plans or conspiracies, and to all other activities or utterances, designed to embarrass the Government in the prosecution of the war.
In extending the organization each Division Supervisor, after his enrollment, will prepare a comprehensive plan covering the ground of his division. He will then proceed to enlist as Deputies under him, a responsible man in each plant or business house within his jurisdiction, such deputies to be executive officers of their respective business concerns if practicable. The deputies after enrollment will select as aids a reliable man in each department of the business, preferably a superintendent, foreman or other man filling a responsible position in his department. The deputies will then confer with the aids and explain to them the nature of the organization and the scope of their duties. The aids will suggest to the deputies the names of several trusted employes in each department who are American citizens of legal age and who, on account of their long service and general character, can be relied upon for loyal service to the country and the employer. The men so suggested as Reporters will not be approached in the matter by the deputies or aids. After the selection of the aids and reporters, the deputy will report his complete plan of organization to the Chief of the Local Branch, and upon approval of the organization the aids and reporters will be directed by the Chief to attend at convenient times for the purpose of being sworn in.
The Real Estate Division reports all information secured by its members, and furnishes investigators with facts connected with the construction of buildings and occupations of and removals from office buildings, houses and apartments.
The Financial Division includes banks, stock and bond houses and safety deposit vaults, reports all information coming to its members, and furnishes to investigators facts with regard to foreign transactions, use of alien enemy funds and transactions with Germans. The department will furnish valuable information in connection with the use of safety deposit vaults by alien enemies.
The Insurance Division provides useful information through insurance inspectors of the character and use of buildings and plants, and reports upon casualties; it also provides life insurance data upon individuals and details of marine insurance.
The Professional Division includes engineers, accountants, physicians and other professions, and in addition to reporting information coming to the knowledge of its members, is called upon for professional assistance and advice in connection with work of the investigators.
The Hotels Division includes hotels, restaurants and theatres. The division is organized so that responsible persons will be enlisted in all departments of all of the hotels and restaurants. They will be able to make prompt and reliable reports on the doings of all transients and others connected with the hotels and restaurants.
The Transportation Division covers all railroads, shipping, taxicabs and teaming. This division will report information and assist in investigations throughout these interests.
The Public Utilities Division includes all lines and methods of communication, including telephone, telegraph, wireless, electric light, gas, elevated and traction lines and other local transportation.
The General Merchandise Division includes mail order houses, department stores, retail and wholesale houses.
The Division of Industries is subdivided as follows: munitions, war equipment, metal trades, lumber trades, electrical, packing houses, grain, foodstuffs, chemicals and paints, and miscellaneous. The Miscellaneous Subdivision will include, under separate deputies, automobiles, building material, cigars and tobacco, coal, contractors, leather, motion picture producers, paper trades, photographers, and printers and engravers.
Any one of these subdivisions may be of sufficient importance in a given community to constitute a separate Division. On the other hand, many of the above divisions when locally unimportant may be included in “Miscellaneous.”
The work of each Local Branch is under the responsible direction and control of the Local Chief. He is responsible for the efficiency of the work. It is essential that an Assistant Chief be appointed to counsel with the Chief and to act with authority in his absence.
In cities of larger size an office in good location, convenient to the Department of Justice, is desirable. An efficient organization will readily command adequate financial support, and the work will be carried on with less publicity and greater efficiency in an independent office, suitably equipped. Adequate clerical and stenographic help should be provided so that investigations and reports may be promptly made.
In connection with the central office the services of volunteer interpreters should be available at all times for translating papers and interviewing witnesses.
Full coöperation with Government and police officials should be promptly secured so that they may be quickly available in all cases of emergency.
The work of the various Branches and Divisions should be coordinated through the central office so that information or assistance of any kind may be promptly secured at any time by any member from any other department through the established channel.
Each Local Branch will operate in close coöperation with and under the general direction of the Government Agent in charge of the nearest office of the Bureau of Investigation of the Department of Justice, and all reports of investigations, unless otherwise directed, will be made to him. The Local Branch will coöperate at all times, through the Department of Justice, with other Governmental Departments and agencies, but will undertake no work from them by direct assignment except with the knowledge of the Bureau of Investigation of the United States Department of Justice, or by instruction from National Headquarters. It is the desire of the organization to render useful service to all Departments of the Government.
Members will always be mindful of the fact that they are acting in the interests of the Department of Justice of the United States and conduct themselves with dignity, tact and discretion. They must refrain from words and conduct in any way calculated to bring the Government or the organization into disrespect.
The work of the members must be carried on wholly without publicity or personal advertisement.
Members will not discuss cases assigned to them with other members or officers of the organization, but will make their reports to their immediate superiors. Members will not take outside individuals into their confidence.
Members must not permit the source of information of any complaint, or the name of the complainant, to be disclosed under any circumstances. They will state in all cases where opportunity offers that neither the American Protective League nor the Department of Justice will disclose directly or indirectly to any person the name or the complainant or any person giving information with regard to the suspect. This cannot be too strongly impressed upon all persons with whom the organization comes in contact.
No member shall inform the suspect or his family of the fact of the investigation, or interview them regarding the subject of inquiry, without direct authority from his Captain or Chief.
Members will not disclose to suspects, or to persons not connected with the organization, the names of other members or officers of the League. It is important that the work of the League be impersonal. The enforcement of this rule is likewise necessary to safeguard the officers and members of the League in their work.
Abuse of their credentials by members by public exhibition or otherwise will be ground for immediate discharge from membership. The use of such credentials under an assumption of authority for the purpose of escaping penalties for automobile speeding, or otherwise, or to secure special privileges in theatres, street cars and other public places is likewise ground for dismissal. No member will be permitted by such means to embarrass the organization in its work and in its relation with public officials.
Members are not privileged through membership in the organization to carry firearms or other weapons forbidden by law. The carrying of such weapons at any time is wholly upon the responsibility of the individual.
No member will be exempt from military service under the requirements of the Selective Service Regulations, or otherwise, by reason of his membership in the organization.
Members will carefully avoid any representation, direct or indirect, that they are Government officers; and will particularly avoid any statement or implication that they are members of the “Secret Service Department of the United States.” The American Protective League is organized with the approval and is operating under the direction of the United States Department of Justice, Bureau of Investigation. It is not connected with the Secret Service Division of the Treasury Department.
When making investigations after receipt of instructions members of the American Protective League are authorized to state that they are making the investigation “for the Department of Justice.”
Members of the American Protective League have no general powers of arrest. They are investigators only, and have no greater power than private citizens in the matter of arrests. As a general rule a citizen can make an arrest without warrant where a felony has been committed in his presence, but there is no authority for a citizen to make an arrest without a warrant to prevent the commission of a misdemeanor, or for a misdemeanor committed in his presence which does not amount to a breach of the peace. At common law, and except where changed by statute, it is the duty of every citizen to assist in preserving the public peace and safety. Any citizen may arrest without a warrant one who commits a breach of the peace in his presence, or where there is reasonable ground for apprehension that the arrested person is about to commit a breach of the peace. It is essential to justify such an arrest that the offense committed shall amount to a breach of the peace, that such offense shall have been actually committed or attempted in the presence of the person making the arrest, and that the arrest be made at the time when the offense was committed. No private person has the right to make an arrest for a misdemeanor without a warrant after the event or upon mere information or suspicion. The term “breach of the peace” is a generic one, and includes riots, unlawful assemblies, riotous and wanton discharge of firearms in the public streets, affrays, assaults, the use of profane, indecent and abusive language on the street, and in the presence of others, and other acts destroying public order and tranquility. The right of citizens in this regard, however, depends somewhat upon the Statutes of the several States and members should be advised by their Local Chiefs of their authority in the premises. They should act only where the regular police officers are not reasonably available and where inaction may be productive of serious results.
Under the laws of the United States (Act of August 29, 1916; C. 418, Sec. 3) it is lawful for any civil officer having authority under the laws of the United States or of any State, Territory, District, or possession of the United States to arrest offenders, summarily to arrest a deserter from the military service of the United States. Under the opinion of the Judge Advocate General of the Army (C. 17327-1) a citizen acting under an order or direction of a military officer may apprehend a deserter, but a citizen, and this term includes a member of the American Protective League, has no authority as such to arrest a deserter from the army in the absence of a special request or direction of a military officer.
It is seldom that the necessity for arrest arises. In such a case the member will notify his Chief who will secure prompt action by the proper authorities.
Cases will be assigned for investigation by the Chief to inspectors and by them transmitted through the captains to the lieutenants, who will assign them to the members best qualified for the particular work. All reports must be submitted in writing through the lieutenants and captains to the inspectors, and by the inspectors to the central office. All reports of a confidential nature should be brought to the office by the inspectors in person or by private messenger. In the smaller cities where inspection districts are not created, the above rules will be accordingly modified.
All investigations and reports are the business of the League and must become matters of permanent record. They may not be suppressed or destroyed, but must be disposed of in regular course through the established channels of the Bureau of Investigation of the United States Department of Justice.
Great opportunity for service is afforded the American Protective League in reporting promptly and accurately all evidence of enemy propaganda throughout the country. The League is in a peculiarly advantageous position to secure this information and present it to the authorities at Washington.
APPENDIX C
THE ORIGINAL CALL
The following was the first national summons sent out by Mr. A. M. Briggs in the early days of the American Protective League:
I have been authorized by the United States Department of Justice, Bureau of Investigation, to organize confidentially in your town, a division of the American Protective League. You have been recommended to me as a man possessing the necessary qualifications to successfully organize and command the organization, and I will be glad to have you accept the responsibility of building the organization in your town and acting as its Chief.
The object of the American Protective League, which is entirely a patriotic one, no member of which receives any compensation whatever for his services, is to work under the direction of the United States Department of Justice, Bureau of Investigation, in assisting the Department in securing information of the activities of agents of foreign governments, or persons unfriendly to this government for the protection of public property, etc., and any other work that may be assigned to us by the Department at any time.
Each local organization or Division of the American Protective League will work under the direction of the Government Agent in charge of the nearest office of the Department of Justice—and as Chief of your local Division you will report daily or as often as necessary, personally or by telephone, telegraph or mail, to your nearest Special Agent of the Department of Justice.
Your organization should be made up only of American citizens of high moral character and good standing in your community who are willing to serve the organization from a purely patriotic motive and without compensation. Your organization will be in your charge as Chief and you will properly enroll and swear in each member of your organization on enrollment blanks which you will keep on file in your office. As soon as your organization is complete you will please forward me a duplicate list of your entire organization, with your name as Chief, with your Captains and Lieutenants and the men enrolled under each Captain.
It is essential that the greatest possible secrecy be maintained, both in forming the organization and in conducting it, and that all arrangements must be kept as confidential as is practicable, and, further, that great care must be taken by your entire organization at all times that nothing is done by it or by any member of it to unnecessarily alarm aliens in this country or cause them any apprehension as to the fair manner in which they will be treated, and that no arrests should be caused excepting after consultation with the local Government Agent or his assistants.
You will personally administer the oath to each member you enroll and accept and at the same time assign to that member a number,—enter his number on his enrollment blank, his commission card and on the list you will later forward to this office. Start with Number One, which is your number as Chief.
It is advisable that you consult with the Chief of your local Police or ask your Government Agent to do so, so that the Chief of Police may instruct his officers fully in reference to our organization so that the commission card will be recognized by the Police in cases where such recognition is desired. You will, undoubtedly, find that your local Chief of Police will be very glad to work with your men wherever his assistance may be necessary in forwarding the interest of the Government.
It is the desire of the Government that every possible source of information that may be of value to the Department of Justice be thoroughly and efficiently covered by your organization in your town and you will please use great care in the selection of the Captains, Lieutenants and members of each Company so that each Company can be depended upon to efficiently handle the work assigned to it.
In forming your organization, bear in mind the great variety of investigation that you are likely to be called upon by the Government to make, and make your organization large enough to thoroughly cover every business, manufacturing and other interests in your town that in your opinion should be covered—so that you will be immediately informed of any activity that may prove directly or indirectly unfriendly to the best interests of the Government.
You will handle the organization work along the most effective lines possible. If convenient to do so please confer with your Government Agent on the entire organization work. It is unnecessary to call your attention to the fact that the greatest possible speed consistent with thorough and efficient organization is greatly desired by the Government.
Yours very truly,
(Signed) A. M. BRIGGS,
General Superintendent.
The selection of Chiefs was inaugurated by the following communication:
Acting under instructions from Bureau of Investigation, Department of Justice, we are required to organize a separate branch of the American Protective League in each town. Our method is to secure the name of a live, aggressive patriot who is willing to undertake the responsibility of organizing and acting as Chief of our branch in his town, and then send him the enclosed letter which explains the organization work and ask him to undertake the work. I will be very glad indeed to have you act as the organizer and Chief of the Branch of the American Protective League if you can and will do so. Otherwise, I will be very glad to have you turn the enclosed letter over to the man in your town whom you select as the best fitted for this responsibility and have him write me at the above address so that I can authorize him immediately to go forward with the organization work.
We are sending you under separate cover enrollment blanks for the enrollment of your organization. You will please personally fill out one of these blanks and swear to it before a Notary signing the oath in the presence of the Notary, then forward the card to this office. After you have taken the oath yourself you will then proceed to administer it to your men.
Enclosed herewith you will find your commission card as Chief of your Division, which you will please sign at the same time you take your oath, and retain. When you fill out your commission card, please use the date on which you were appointed Chief.
As each member takes the oath, you will issue him a commission card, filling in his rank either as Captain, Lieutenant or Operative, and have him sign his card in your presence.
As each man is sworn in, you will please place his number on the commission card. Please use great care that no commission card leaves your possession until it is given to a member of your organization after having been signed by him in your presence at the time he takes the oath.
The matter of credentials was at first covered by a letter of instruction from the Superintendent to all Chiefs:
The badges to be worn by the members of the American Protective League will be ready for shipment within a few days. Your members are not required to wear a badge if they do not care to do so. In delivering the badges to your men, please caution them to wear the badge concealed at all times and not to display it unless it is necessary to do so while making their investigations. It is advisable that you consult with the Chief of your local Police or ask the local Government Agent to do so, so that the Chief of Police may instruct his officers fully in reference to our organization so that the badge will be recognized by the police in cases where such recognition is desired. You will, undoubtedly, find that the local Chief of Police will be very glad to work with your men wherever their assistance may be necessary in forwarding the interests of the Government.
It is directed that each member of your organization be sworn in by you, taking the oath printed on the back of the enclosed enrollment blank. Paste the oath at the top of a sheet of paper, and as your men take the oath have them sign on the paper below, together with the number that you will assign to each man. This list you will retain in your possession, but as soon as you have sworn in your entire membership, please send this office a complete list of your members with their new numbers.
APPENDIX D
DIGEST OF THE AMENDED ESPIONAGE ACT AS PRINTED IN “THE SPY GLASS,” JUNE, 1918
Signed by President Wilson on May 16, the amended espionage laws opens a new chapter in the work of the American Protective League. For the first time we have an inclusive law under which to operate—a law broad enough in its scope and classifications to cover and define as serious crimes a multitude of offenses which were classed as minor by our peace-time code but actually offered serious hindrances to this country’s military operations and preparations.
For the first time, too, heavy penalties have been provided for acts and speeches which before could hardly be punished at all under the law. Maximum sentences of twenty years imprisonment and $10,000 fine are not to be taken lightly either by disloyal and pacifist citizens or by unfriendly or enemy aliens who have made it their business, since war was declared, to invent and circulate discreditable stories about almost every phase of America’s war activities.
Disloyalty Now a Crime
No distinction is made between the disloyal talk or act of a citizen and the hostile speech or deed of an alien, enemy or otherwise. The act or speech is the offense and whoever commits it must pay the penalty—though the law allows a good deal of latitude to the court in determining the latter.
All this means a tremendous simplification of every member’s labors. So far-reaching and important are the provisions of the amended law—so clearly does it indicate the chief kinds of spying and of propaganda which the League must combat, that the whole catalogue of crimes may well be set down here for study and ready reference in months to come. Omitting the preliminary enacting clauses and breaking up the main section into handy paragraphs, the amended law now reads as follows:
OFFENSES:
I—False and Interfering Reports
Section 3. Whoever, when the United States is at war, shall willfully make or convey false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States, or to promote the success of its enemies,—
II—Obstructing Bond Sales, etc.
—whoever shall willfully make or convey false reports or false statements, or say or do anything except by way of bona fide and not disloyal advice to an investor or investors, with intent to obstruct the sale by the United States of bonds or other securities of the United States or the making of loans by or to the United States,—
III—Inciting or Causing Mutiny
—whoever, when the United States is at war, shall willfully cause or attempt to cause or incite or attempt to incite, insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States,—
IV—Obstructing Enlistments
—whoever shall willfully obstruct or attempt to obstruct the recruiting or enlistment service of the United States,—
V—Attacks on Government, Flag, etc.
—whoever, when the United States is at war, shall willfully utter, print, write, or publish any disloyal, profane, scurrilous, or abusive language about the form of government of the United States, or the Constitution of the United States, or the military or naval forces of the United States, or the flag of the United States, or the uniform of the Army or Navy of the United States, or any language intended to bring the form of government of the United States, or the Constitution of the United States, or the military or naval forces of the United States, or the flag of the United States, or the uniform of the Army or Navy of the United States into contempt, scorn, contumely, or disrepute,—
VI—Encouraging Resistance
—whoever shall willfully utter, print, write, or publish any language intended to incite, provoke, or encourage resistance to the United States, or to promote the cause of its enemies, or shall willfully display the flag of any enemy,—
VII—Curtailing Production
—whoever shall willfully by utterance, writing, printing, publication, or language spoken, urge, incite, or advocate any curtailment of production in this country of anything or things, product or products, necessary or essential to the prosecution of the war in which the United States may be engaged, with intent by such curtailment to cripple or hinder the United States in the prosecution of the war,—
VIII—Defending or Teaching Disloyalty
—whoever shall willfully advocate, teach, defend, or suggest the doing of any of the acts or things in this section enumerated,—
IX—Supporting the Enemy
—and whoever shall by word or act support or favor the cause of any country with which the United States is at war, or by word or act oppose the cause of the United States therein,—
THE PENALTY:
—shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both.
An additional section of the amended law provides for the instant dismissal of any official or employee of the United States who commits a disloyal act or utters disloyal or unpatriotic language. This is as follows:
Any employee or official of the United States Government who commits any disloyal act or utters any unpatriotic or disloyal language, or who, in an abusive and violent manner criticizes the Army or Navy or the flag of the United States shall be at once dismissed from the service. Any such employee shall be dismissed by the head of the department in which the employee may be engaged, and any such official shall be dismissed by the authority having power to appoint a successor to the dismissed official.
No Mail For Propagandists
Plotting or propaganda by mail is made punishable by immediate withdrawal of postal privileges from any individual or firm, against whom satisfactory evidence is brought that he is violating any provision of this new law. Conviction is not necessary: evidence satisfactory to the Postmaster General is enough to close the mails to the offender. Here is the amended section:
Sec. 4. When the United States is at war, the Postmaster General may, upon evidence satisfactory to him that any person or concern is using the mails in violation of any of the provisions of this Act, instruct the postmaster at any post office at which mail is received addressed to such person or concern to return to the postmaster at the office at which they were originally mailed all letters or other matter so addressed, with the words “Mail to this address undeliverable under Espionage Act” plainly written or stamped upon the outside thereof and all such letters or other matter so returned to such postmasters shall be by them returned to the senders thereof under such regulations as the Postmaster General may prescribe.
An All-Embracing Clause
Read over the ninth clause of section 3 again: “whoever shall by word or act support or favor the cause of any country with which the United States is at war, or by word or act oppose the cause of the United States therein—.” That clause alone serves to make enemy propaganda or native-born sedition a hazardous undertaking in any community where League members are awake and on the job.
Gone is the necessity of arguing and pleading with the pro-German, the pacifist and the native-born disloyalist to speak with straight tongues. Loyal citizens retain the right to free speech and to honest and reasonable criticism of the Government’s actions and policies. But indiscriminate abuse and lying reports of what is happening here at home or overseas are going to stop. The amended law is a powerful weapon put into our hands for that very purpose.
Notice also that the word “willfully” is omitted in Clause Nine. To convict a man of disloyalty or sedition, you will not have to prove his disloyal or hostile intention. Like murder or burglary, espionage and sedition are become positive crimes. No one who commits them can plead innocent intent.
APPENDIX E
REMOVAL OF ALIEN ENEMIES
R. S. SEC. 4067 (as amended). Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies. The President is authorized, in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed, on the part of the United States toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject, and in what cases, and upon what security their residences shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations, which are found necessary in the premises and for the public safety. (Act of July 6, 1798, Chap. 66, Sec. 1, Stat. 577. As amended by Act of April 16, 1918: Public No. 131—65th Congress: H. R. 9504.)
APPENDIX F
PRESIDENTIAL PROCLAMATION REGARDING REGULATION OF ALIEN ENEMIES
Pursuant to the authority vested in me, I hereby declare and establish the following regulations, which I find necessary in the premises and for the public safety:
(1) An alien enemy shall not have in his possession at any time or place any fire-arm, weapon or implement of war, or component part thereof, ammunition, maxim, or other silencer, bomb, or explosive or material used in the manufacture of explosives;
(2) An alien enemy shall not have in his possession at any time or place, or use or operate any aircraft or wireless apparatus, or any form of signalling device, or any form of cipher code, or any paper, document or book written or printed in cipher or in which there may be invisible writing.
(3) All property found in the possession of an alien enemy in violation of the foregoing regulations shall be subject to seizure by the United States;
(4) An alien enemy shall not approach or be found within one-half of a mile of any Federal or State fort, camp, arsenal, aircraft station, Government or naval vessel, navy yard, factory, or workshop for the manufacture of munitions of war or of any products for the use of the army or navy;
(5) An alien enemy shall not write, print, or publish any attack or threats against the Government or Congress of the United States, or either branch thereof, or against the measures or policy of the United States, or against the person or property of any person in the military, naval, or civil service of the United States, or of the States or Territories, or of the District of Columbia, or of the municipal governments therein;
(6) An alien enemy shall not commit or abet any hostile act against the United States, or give information, aid, or comfort to its enemies;
(7) An alien enemy shall not reside in or continue to reside in, to remain in, or enter any locality which the President may from time to time designate by Executive Order as a prohibited area in which residence by an alien enemy shall be found by him to constitute a danger to the public peace and safety of the United States except by permit from the President and except under such limitations or restrictions as the President may prescribe;
(8) An alien enemy whom the President shall have reasonable cause to believe to be aiding or about to aid the enemy, or to be at large to the danger of the public peace or safety of the United States, or to have violated or to be about to violate any of these regulations, shall remove to any location designated by the President by Executive Order, and shall not remove therefrom without a permit, or shall depart from the United States if so required by the President;
(9) No alien enemy shall depart from the United States until he shall have received such permit as the President shall prescribe, or except under order of a court, judge, or justice, under Sections 4069 and 4070 of the Revised Statutes;
(10) No alien enemy shall land in or enter the United States, except under such restrictions and at such places as the President may prescribe;
(11) If necessary to prevent violations of these regulations, all alien enemies will be obliged to register;
(12) An alien enemy whom there may be reasonable cause to believe to be aiding or about to aid the enemy, or who may be at large to the danger of the public peace or safety, or who violates, or attempts to violate, or of whom there is reasonable ground to believe that he is about to violate, any regulation duly promulgated by the President, or any criminal law of the United States, or of the States or Territories thereof, will be subject to summary arrest by the United States Marshal, or his deputy, or such other officer as the President shall designate, and to confinement in such penitentiary, prison, jail, military camp, or other place of detention as may be directed by the President. This proclamation and the regulations herein contained shall extend and apply to all land and water, continental or insular, in any way within the jurisdiction of the United States.
NOTE—Made applicable to females, who are natives, citizens, denizens or subjects of Germany, by President’s Proclamation of April 19, 1917, except that Regulation 4 was not to become effective until such time as might be fixed and declared by the Attorney General.
Transcriber’s Note:
Inconsistent spelling and hyphenation in the original document have been preserved. Obvious typographical errors have been corrected.