2904. Inventions kept secret in time of war.-Whenever the publication of an invention by the granting of a patent may, in the opinion of the President, be detrimental to the public safety or defense, or may assist the enemy or endanger the successful prosecution of the war, he may order that the invention be kept secret and withhold the grant of a patent until the end of the war: Provided, That the invention disclosed in the application for said patent may be held abandoned upon it being established before or by the Commissioner of Patents that, in violation of said order, said invention has been published or that an application for a patent therefor has been filed in any other country, by the inventor or his assigns or legal representatives, without the consent or approval of the commissioner or under a license of the President. When an applicant whose patent is withheld as herein provided and who faithfully obeys the order of the President above referred to shall tender his invention to the Government of the United States for its use, he shall, if he ultimately receives a patent, have the right to sue for compensation in the Court of Claims, such right to compensation to begin from the date of the use of the invention by the Government. Sec. 10 (i), act of Oct. 6, 1917 (40 Stat. 422). See 1016, 1018, ante. 2905. Foreign government defined.--The words “foreign government,”as used in this Act and in sections one hundred and fifty-six, one hundred and fiftyseven, one hundred and sixty-one, one hundred and seventy, one hundred and seventy-one, one hundred and seventy-two, one hundred and seventy-three, and two hundred and twenty of the Act of March fourth, nineteen hundred and nine, entitled "An Act to codify, revise, and amend the penal laws of the United States,” shall be deemed to include any Government, faction, or body of insurgents within a country with which the United States is at peace, which Government, faction, or body of insurgents may or may not have been recognized by the United States as a Government. Sec. 4, title VIII, act of June 15, 1917 (40 Stat. 226). 2906. Issue of passports.-Before a passport is issued to any person by or under authority of the United States such person shall subscribe to and submit a written application duly verified by his oath before a person authorized and empowered to administer oaths, which said application shall contain a true recital of each and every matter of fact which may be required by law or by any rules authorized by law to be stated as a prerequisite to the issuance of any such passport. Clerks of United States courts, agents of the Department of State, or other Federal officials authorized, or who may be authorized. to take passport applications and administer oaths thereon, shall collect, for all services in connection therewith, a fee of $1, and no more, in lieu of all fees prescribed by any statute of the United States, whether the application is exceuted singly, in duplicate, or in triplicate. Scc. 1, title IX, act of June 15, 1917 (40 Stat. 227). 2907. Passport obtained through false statements.-Whoever shall willfully and knowingly make any false statement in an application for passport with intent to induce or secure the issuance of a passport under the authority of the United States, either for his own use or the use of another, contrary to the laws regulating the issuance of passports or the rules prescribed pursuant to such laws, or whoever shall willfully and knowingly use or attempt to use, or furnish to another for use, any passport the issue of which was secured in any way by reason of any false statement, shall be fined not more than $2,000 or imprisoned not more than five years or both. Sec. 2 title IX, act of June 15, 1917 (40 Stat. 227). 2908. Fraudulent use of passports.-Whoever shall willfully and knowingly use, or attempt to use, any passport issued or designed for the use of another than himself, or whoever shall willfully and knowingly use or attempt to use any passport in violation of the conditions or restrictions therein contained, or of the rules prescribed pursuant to the laws regulating the issuance of passports, which said rules shall be printed on the passport; or whoever shall willfully and knowingly furnish, dispose of, or deliver a passport to any person, for use by another than the person for whose use it was originally issued and designed, shall be fined not more than $2,000 or imprisoned not more than five years, or both. Sec. 3, title IX, act of June 15, 1917 (40 Stat. 227). 2909. Forging or altering passports, etc.-Whoever shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be falsely made, forged, counterfeited, mutilated, or altered any passport or instrument purporting to be a passport, with intent to use the same, or with intent that the same may be used by another; or whoever shall willfully or knowingly use, or attempt to use, or furnish to another for use any such false, forged, counterfeited, mutilated, or altered passport or instrument purporting to be a passport, or any passport validly issued which has become void by the occurrence of any condition therein prescribed invalidating the same, shall be fined not more than $2,000 or imprisoned not more than five years or both. Sec. 4, title IX, act of June 15, 1917 (40 Stat. 227). 2910. False swearing to influence a foreign government to the injury of the United States. Whoever, in relation to any dispute or controversy between a foreign government and the United States, shall willfully and knowingly make any untrue statement, either orally or in writing, under oath before any person authorized and empowered to administer oaths, which the affiant has knowledge or reason to believe will, or may be used to influence the measures or conduct of any foreign government, or of any officer or agent of any foreign government, to the injury of the United States, or with a view or intent to influence any measure of or action by the Government of the United States, or any branch thereof, to the injury of the United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both. Sec. 1, title VIII, act of June 15, 1917 (40 Stat. 226). 2911. Conspiracy to injure the property of a foreign government.-If two or more persons within the jurisdiction of the United States conspire to injure or destroy specific property situated within a foreign country and belonging to a foreign Government or to any political subdivision thereof with which the United States is at peace, or any railroad, canal, bridge, or other public utility so situated, and if one or more of such persons commits an act within the jurisdiction of the United States to effect the object of the conspiracy, each of the parties to the conspiracy shall be fined not more than $5,000, or imprisoned not more than three years, or both. Any indictment or information under this section shall describe the specific property which it was the object of the conspiracy to injure or destroy. Sec. 5, title VIII, act of June 15, 1917 (10 Stat. 226). 2912. Extradition.-Whenever any person is delivered by any foreign government to an agent of the United States, for the purpose of being brought within the United States and tried for any crime of which he is duly accused, the President shall have power to take all necessary measures for the transportation and safe-keeping of such accused person, and for his security against lawless violence, until the final conclusion of his trial for the crimes or offenses specified in the warrant of extradition, and until his final discharge from custody or imprisonment for or on account of such crimes or offenses, and for a reasonable time thereafter, and may employ such portion of the land or naval forces of the United States, or of the militia thereof, as may be necessary for the safe-keeping and protection of the accused. R. S. 5275. 2913. Commissions in foreign armies accepted by citizens of the United States.Every citizen of the United States who, within the territory or jurisdiction thereof, accepts and exercises a commission to serve a foreign prince, state, colony, district, or people, in war, by land or by sea, against any prince, state, colony, district, or people, with whom the United States are at peace, shall be fined not more than two thousand dollars and imprisoned not more than three years. Sec. 9, Criminal Code, act of March 4, 1909 (35 Stat. 1089). Notes of Decisions. Neutrality in general. The decisions here collected relate to the general subject of neutrality and not merely to the above section. Overt act constituting offense.-To constitute the offense of accepting and exercising a commission to serve against a foreign prince, State, etc., with whom the United States is at peace, under the first section of the act of Congress, some overt act under the commission must be done, such as raising men for the enterprise, collecting provisions, munitions of war, or any other act which shows an exercise of the authority which the commission was supposed to confer. Charge to Grand Jury, Neutrality Laws (C. C. 1838), Fed. Cas. No. 18,265. Purpose and operation of neutrality laws in general. The neutrality laws are not designed to interfere with commerce, even in contraband of war, but merely to prevent distinctly hostile acts, as against a friendly power, which tend to involve this country in war. U. S. v. The Laurada (D. C. 1898), 85 Fed. 760. The neutrality laws of the United States, so called because their main purpose is to carry out the obligations imposed upon the United States while occupying a position of neutrality toward belligerents, were intended to prevent offenses against friendly powers, whether they should or should not be engaged in war or in attempting to suppress revolt. (1895) 21 Op. Atty. Gen. 267. Obligations and duties of Government and citizens in general. The duty of the United States, when a state of war is declared or recognized by another country, is of its own motion to use diligence to discover and prevent within its borders the formation or departure of any military expedition intended to carry on or take part in such war. (1895) 21 Op. Atty. Gen. 267. The fact that neutral individuals, instead of their Government, give aid to the belligerent, does not relieve the neutral Government from guilt; but the Government is innocent if the acts of individuals are sech as, from their nature, make it impracticable or excessively burdensome for the Government to watch and prevent, or, if preventable without excessive burden, the Government used due diligence about their prevention. (1902) 24 Op. Atty. Gen. 15. The fact that neutral merchants give aid to belligerents purely from motives of gain-secking does not relieve their Gov ernment from its obligation to prevent such aid being given. (1902) 24 Op. Atty. Gen. 15. It is no infraction of neutrality, for a neutral nation to carry its exports, not contraband, to a port of one of the belligerents. Vasse v. Ball (Pa. 1797), 2 Dall. 270, 1 L. Ed. 377. Treaty provisions. The provision of chap. 2, art. 11, of The Hague Treaty of Oct. 18, 1907, ratified by the United States Nov. 27, 1909 (36 Stat. 2324), requiring a neutral power which receives on its territory troops of a belligerent army to intern them, does not require legislation to make it effective. Ex parte Toscano (D. C. 1913), 208 Fed. 938. The provision of chap. 2, art. 11, of The Hague Treaty of Oct. 18, 1907, ratified by the United States Nov. 27, 1909 (36 Stat. 2324), requiring a neutral power which receives on its territory troops of a belligerent army to intern them, does not violate any constitutional provision. Id. Sale of vessel by belligerent to neutral.A sale by a belligerent of a warship to a neutral in a neutral port is invalid by the law of nations. The Georgia (D. C. 1866), Fed. Cas. No. 5,349. Sale or shipment of contraband.-There is nothing in the laws of the United States, or in the laws of nations, that forbids neutrals from sending armed vessels as well as munitions of war to foreign ports for sale. It is a commercial adventure, which no nation is bound to prohibit, and which only exposes those engaged in it to the penalty of confiscation. The Santissima Trinidad (1822), 20 U. S. (7 Wheat.) 283, 5 L. Ed. 454. While flour is not in general contraband of war it may be so if intended for mliitary use by a belligerent or destined for a port of military or naval equipment, and being thus on the border line a proclamation of one of the Governments at war declaring it contraband is sufficient to impress it with that character. Balfour, Guthrie & Co. r. Portland & Asiatic S. S. Co. (D. C. 1909), 167 Fed. 1010. A citizen of a neutral State may law. fully contract to carry contraband of war and his undertaking will be enforced by the courts of the neutral State. Id. On indictment for violation of the neutrality laws by shipping arms to the State of Sonora in Mexico, the court would take Judicial notice that such State was a large country and not a "place" in Mexico. U. S. r. Albert Steinfeld & Co. (D. C. 1913), 209 Fed. 904. The mere sale or shipment of arms and munitions of war by persons in the United States to persons in Cuba is not a violation of international law, however strong a suspicion there may be that they are to be used in an insurrection against the Spanish Government. Individuals in the T'nited States have a right to sell such articles and ship them to whoever may choose to buy. (1895) 21 Op. Atty. Gen. 267. The goods, and sometimes the ship carrying them, are subject to seizure by the Government within whose jurisdiction they may come, if its domestic laws or regulations are violated, but international law imposes no duty upon our Government with respect to such transactions. Id. According to the weight of authority, the sale of contraband or war supplies to a belligerent is not unlawful, or a thing which a neutral nation must forbid to its citizens. Id. A neutral nation must not give aid to one of the belligerents in the carrying on of war; but the carrying on of commerce with the belligerent nations in the manner usual before the war is not in itself the giving of such aid. Id. The mere increased demand for warlike articles, and their consequent increased quantity in the commerce between the neutral and the belligerent countries, does not of itself make the commerce cease to be the same that was usual before the war. Id. A belligerent may seize merchandise at sea involved in such commerce when it is the property of his enemy, or when it is composed of articles for direct and immediate use for warlike purposes. Id. In determining whether a series of transactions which, in one aspect are commercial in character, are prohibited to the neutral nation and its people as being an aid to one of the belligerents in carrying on war against the other, the criteria are practically impossible to specify in advance. Among the points by which to be guided in determining that question are the systematic character of the transactions, their greater or less extensiveness, their persistence in time, their governmental character or the absence of it, their objects and results, and, principally, their relation, if any, to the prosecution of the war being carried on by the belligerent. Id. The mere shipment or exportation of arms, in the way of commerce, to a country in which there are insurrectionary movements, does not seem to be prohibited by the statutes of the United States or by the law of nations. (1902) 24 Op. Atty. Gen. 25. A neutral merchant is not obliged to regard the state of war between other nations; but, if he ships goods prohibited, they will be liable to seizure and condemnation. Richardson v. Maine Fire & Marine Ins. Co. (1809), 6 Mass. 102, 4 Am. Dec. 92. |