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Persons addressed.-An indictment alleged that the defendant willfully stated to diverse persons : “This is a rich man's war, and it is all a damn graft and swindle,
If you do not believe it, just look at the cost of wheat." Held, it does not allege a crime under this act, making it an offense willfully to make or convey false reports or statements with intent to interfere with the success of the military or naval forces, to cause insubordination in the Army and Navy, or obstruct recruiting; since it does not show that the words were communicated to persons whose hearing it was likely to produce the results sought to be avoided. The court said that since the prosecution could draw a new indictment which would not be open to any doubt, it seemed best not to proceed to trial on the
under consideration, United States v. Schutte, 252 Fed. 212,
A laborer, in the presence of other laborers at a construction camp, abused the United States and the President in grossly indecent language. Some of the laborers present were within draft age, but no part of the military or naval forces of the United States was present. No recruiting or enlistment was in process near the camp. Held, the facts presented are not sumcient to establish a willful attempt to obstruct recruiting or enlistment under sec, 3 of this act. United States v. Mayer (D. C. 1918), 252 Fed, 868.
In tbe presence of a school teacher who was in class IV of the selective draft, the president of a district school board refused to display the flag on a schoolhouse, and said that he would just as soon see a pair of old trousers hanging over the schoolhouse as the national flag. It could not be legitimately inferred that the language would cause insubordination, disloyalty, mutiny, or refusal of duty in the military or naval forces, within the meaning of this section, Von Bank V. U. S. (C. C. A. 1918), 253 Fed. 641.
For language constituting offense, when used to a man subject to military or naval service, see White v. U. S. (C. C. A. 1920), 263 Fed. 17; certiorari denied, 253 U, S. 496.
In a prosecution under sec, 3 of the es. pionage act for obstructing the enlistment and recruiting service and for causing or attempting to cause insubordination in the military and naval forces, it appeared that in the presence of two forest officers the defendant gave utterance to an indecent outburst because of a fancied grievance against the Government. The forest officers were at the time engaged in recruiting for the Engineer military service.
This fact was known to the defendant, and the language
used by him was wholly unrelated to such recruiting service. A verdict of acquittal should have been directed. Where words only are relied on, they must be considered in connection with all the circumstances. Doll v. United States (C. C. A. 1918), 253 Fed. 646.
To constitute the offense of attempting to incite disloyalty and refusal of duty in the military service, within the above seco tion, it is not necessary that the persons against whom the defendant's activities were directed should have been mustered into the military service, but it is sufficient if such persons were within the conscription act. Howenstine v. U. S. (C. C. A. 1920), 263 Fed. 1, 4, and cases cited.
That statements made by defendant hav. ing a tendency to cause disloyalty on the part of a man subject to call for military service did not have that effect, and that he afterwards attempted to enllst, held im. material, White v. U. S. (C. C. A. 1920), 263 Fed. 17; certiorari denied (1920), 253 U. S. 496.
The language of this section, making it an offense wilfully to attempt to cause insubordination, disloyalty, mutiny, and refusal of duty in the military and naval forces of the United States, or wilfully to obstruct the recruiting or enlistment serv. ice, is broad enough to include statements calculated to produce such results when marle in presence of persons not in the military or naval forces, provided they are wilfully made and with the intent specified. Coldwell v. U. S. (C. C. A. 1919), 256 Fed. 805 ; certiorari denied, 250 U. S. 601.
It is not necessary that the false reports and statements should be made in the pres. ence of persons who are, or are liable to be, selected for military or
naval service. Kirchner v. U. S. (C. C. A. 1918), 255 Fed. 301 ; certiorari dismissed, 250 U. S. 678; Ilickson v. U. S. (C. C. A. 1919), 258 Fed 867.
It is not necessary to show any particular person was prevented from enlisting. O'Hare v. U. S. (C. C. A. 1918), 253 Fed. 538 ; Heynacher v. U. S. (C. C. A. 1919), 257 Fed. 61; certiorari denied, 250 U. S. 674.
While an indictment charging an at. tempt to cause insubordination in tbe milltary service must allege that the words were uttered under such circumstances that they were in the course of events likely to reach members of the military forces, an indictment alleging publication of magazines calculated to cause insubordination and their distribution throughout New York and the rest of the United States is syfilcient. U. S. v. Eastman (D. C. 1918), 252 Fed. 232.
Giving reasons. which at most are but matters of opinion, apparently honestly hell, for not subscribing to the Liberty loan bonds and thrift stamps and contributing to the Red Cross fund, when requested for the same in the privacy of one's home and in the presence of nobody but a duly authorized committee, held not a violation of this section. U. S. t, l'ape (D. (. 1918), 253 fed. 270.
Statements made by defendant, in each case to a single person in the course of a private conversation relating to the World War, held merely expressions of opinion, not in violation of this section. Sandberg V. V. S. (C. C. A. 1919), 257 Fed. (13.
Military or naval forces," --An instruction that, for the purposes of the statute. the persons designated by the selective service act of May 18, 1917, registered and enrolled under it, and thus subject to be called into the active service, were a part of the military forces of the United States, held correct. U. S. 1'. Debs (1919). 249 U. S. 211.
It is not necessary that the parsons against whom the defendant's activities were directed should have been mistere1 into the military service of the United States, It is sufficient if they were within the draft provisions and sulject to call. Fairchild r. U. S, (C, C. A. 19201, 205 Fed. 594; Howenstine v. U. S. (C. C. A. 1920), 263 Fed. 1; Anderson t. U. S. (C. C. A. 1920), 264 Fed. 75 ; certiorari denied, 25:3 U. S. 49.5: Goldstein , U. S. (C. C. A. 1919). 258 Fed. 908; Coldwell u. U. S. (C. C. A. 1919), 256 Fed. 805; certiorari denied, 250 U. S. 661 ; compare U. S. 1. llall (1. C. 1918), 248 Fed. 150. A man within the ages subject to call was a part of the “ military forces," though outside the ages then required to register, and Uorgh he had tried to enlist and been rejected. White v. U. S. (C. C. A. 1920), 263 Fed. 17; certiorari denied, 253 U. S. 496 ; compare U. S. v. Mayer (D. C. 1918), 252 Fed. 868.
It is a violation of this section to make false statements or reports to recruits for the Canadian forces, Such statements tend to interfere with the successful operations of the Canadian recruiting offices authorized in the United States by 2014, 2015, post. Mead v. U. S. (C. C. A. 1919), 257 Fed. 639.
The phrase construed as including the American Red Cross and the Y. M. C. A.
U. S. 1. Nagler (D. C. 1918), 252 Fell. 217 ; reversed, 254 l'. S.
compare Granzow v. U, S. (C. C. A. 1919), 261 Fid. 172.
Recruiting or enlistments service." Recruiting," as used in this section, means the gaining of fresh supplies for the forres, as well by draft as otherwise, Schenck 1. l'. S. (1919), 249 '. S. 47; C. S. v. l'rieth (D. C. 1918), 251 Fed. 946.
The phrase, as here employed, signifies more than the mere induction into service of identified persons, It means the particul lar governmental function or establishment as a whole. and comprises the means, agencies, and instrumentalities which it adopts, or upon which it relies, to acconi. plish its object. O'Hare v. U. S. (C. C. A. 1918), '53 Fed. 538; certiorari denied, 249 U. S. 598; Fairchild r. U. S. (C. C. A. 1920), 26. Fed. 584.
State offenses.--Disloyal slanders or libels caucing, or tendling to cause, offenses against the State, can be prosecutert only in the State courts. U. S. v. Hall (D. C. 1918), 248 Fed. 150.
A State can make it an offense, inter alia, to utter contemptuous and slurring language about the fiaz and language calculated to bring the flag into contempt and disrenute, held constitutional and valid, as to offenses committert prior to the amendment of this section by the act of May 16, 1919. Ex parte Starr (D). C, 1920), 263 Fed. 145.
Motion pictures.--A moving picture cal. culated to sow discord between the United States and Great Britain during the World War held a violation of this section. Gold. stein 1'. U. S. (C. C. A. 1919), 238 Fell. 908; U. S. t"Jotion Picture Film The Spirit of '76" (D. C. 1917), 252 Fed. 940.
Corporations.--A corporation is within this section which declares a pusishment for “ whoever" in time of war wilfully obstrurts the recruiting or enlistment service. U. S. 1. American Socialist Society (D. C. 1918), 252 Fed. 223: (1913) 260 Fell. 885; affirmed (C. C. A. 1920), 266 Fed. 212.
Armistice. --The l'nited States did not cease to be at war, on the signing of the armistice with Germany, as respects (oldmission of the offenses under this section. U. S. v. Steene (D. C. 1920), 263 Fed. 130.
The war status at the time of the commission of the acts is a material considera. tion in determining charges of violation of the espionage act. U. S. v. Strong, (D. C. 1920), 263 Fed. 789.
2858. Conspiring to communicate with the enemy and to spread false information.-If two or more persons conspire to violate the provisions of sections two or three of this title, and one or more of such persons does any act to effert the object of the conspiracy, each of the parties to such conspiracy shall be pun
ished as in said sections provided in the case of the doing of the act the accoin. plishment of which is the object of such conspiracy. Except as above provided conspiracies to commit offenses under this title shall be punished as provided hy section thirty-seven of the Act to codify, revise, and amend the penal laws of the United States approved March fourth, nineteen hundred and nine. Sec. 4, title I, act of June 15, 1917 (40 Stat. 219).
See notes to 2857, ante.
2859. Harboring or concealing offenders.-Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under this title shall be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or both. Sec. 5, title I, act of June 15, 1917 (40 Stat. 219).
2860. Proclamation of prohibited places.—The President in time of war or in case of national emergency may by proclamation designate any place other than those set forth in subsection (a) of section one hereof in which anything for the use of the Army or Navy is being prepared or constructed or stored as a prohibited place for the purposes of this title: Provided, That he shall determine that information with respect thereto would be prejudicial to the national defense. Sec. 6, title I, June 15, 1917 (40 Stat. 219).
2861. Jurisdiction of courts-martial over spies, etc. Nothing contained in this title shall be deemed to limit the jurisdiction of the general courts-martial, military commissions, or naval courts-martial under sections thirteen hundred and forty-two, thirteen hundred and forty-three, and sixteen hundred and twenty-four of the Revised Statutes as amended. Sec. 7, title I, act of June 15, 1917 (h0 Stat. 219).
2862. Jurisdiction of the United States over spies, etc.—The provisions of this title shall extend to all Territories, possessions, and places subject to the jurisdiction of the United States whether or not contiguous thereto, and offenses under this title when committed upon the high seas or elsewhere within the admiralty and maritime jurisdiction of the United States and outside the territorial linits thereof shall be punishable hereunder. Sec. 8, title I, act of June 15, 1917 (40 Stat. 219).
Travel in time of war:
Transportation of enemies, 2867.
Vessels detained in port, 2871.
Office established, 2872.
Trading with the enemy act, 2874.
To trade, 2882.
Trading with the enemy--Continued.
Notice that person is an enemy, 2880.
Trading with the enemy, 2887.
transfer of credits, etc., 2834.
erty custodian, 2899.
the United States, 2902.
2863. Travel restricted in time of war.--That when the United States is at war, if the President shall find that the public safety requires that restrictions and prohibitions in addition to those provided otherwise than by this Act be imposed upon the departure of persons from and their entry into the United States, and shall make public proclamation thereof, it shall, until otherwise ordered by the President or Congress, be unlawful
(a) For any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President shall prescribe;
(b) For any person to transport or attempt to transport from or into the United States another person with knowledge or reasonable cause to believe that the departure or entry of such other person is forbidden by this Act;
(c) For any person knowingly to make any false statement in an application for permission to depart from or enter the United States with intent to induce or secure the granting of such permission either for himself or for another;
(d) For any person knowingly to furnish or attempt to furnish or assist in furnishing to another a permit or evidence of permission to depart or enter not issued and designed for such other person's use;
(e) For any person knowingly to use or attempt to use any permit or evidence of permission to depart or enter not issued and designed for his use;
(f) For any person to forge, counterfeit, mutilate, or alter, or cause or procure to be forged, counterfeited, mutilated, or altered, any permit or evidence of permission to depart from or enter the United States;
(8) For any person knowingly to use or attempt to use or furnish to another for use any false, forged, counterfeited, mutilated, or altered permit, or evidence of permission, or any permit or evidence of permission which, though originally valid, has become or been made void or invalid. See. 1, act of May 22, 1918 (10 Stat. 559).
2864. Passports required for citizens in time of war.---That after such proclamation as is provided for by the preceding section has been made and published and while said proclamation is in force, it shall, except as otherwise provided by the President, and subject to such limitations and exceptions as the President may authorize and prescribe, be unlawful for any citizen of the United States to depart from or enter or attempt to depart from or enter the United States unless he bears a valid passport. Sec, 2, act of May 22, 1918 (40 Stat. 559).
2865. Penalties for unlawful travel in time of war.- :-That any person who shall willfully violate any of the provisions of this Act, or of any order or proclamation of the President promulgated, or of any permit, rule, or regulation issued thereunder, shall, upon conviction, be fined not more than $10,000, or, if a natural person, imprisoned for not more than twenty years, or both; and the officer, director, or agent of any corporation who knowingly participates in such violation shall be punished by like fine or imprisonment, or both; and any vehicle or any vessel, together with its or her appurtenances, equipment, tackle, apparel, and furniture, concerned in any such violation, shall be forfeited to the United States. Sec. 3, act of May 22, 1918 (40 stat. 559).
2865. United States and person defined.—That the term “United States” as used in this Act includes the Canal Zone and all territory and waters, contiDental or insular, subject to the jurisdiction of the United States.
The word “person as used herein shall be deemed to mean any individual, partnership, association, company, or other unincorporated body of individuals, or corporation, or body politic. Sec. 4, act of May 22, 1918 (10 Stat. 559).
2867. Transporting enemies, etc.--That it shall be unlawful
(0) For any person, except with the license of the President, to transport or attempt to transport into or from the United States, or for any owner, master, or other person in charge of a vessel of American registry to transport or attempt to transport from any place to any other place, any subject or citizen of an enemy or ally of enemy nation, with knowledge or reasonable cause to believe that the person transported or attempted to be transported is such subject or citizen. Sec. 3(6), act of Oct. 6, 1917 (40 Stat. 412).
2868. Exports unlawful in time of war.–Whenever during the present war the President shall find that the public safety shall so require, and shall make proclamation thereof, it shall be unlawful to export from or ship from or take out of the United States to any country named in such proclamation any article or articles mentioned in such proclamation, except at such time or times, and under such regulations and orders, and subject to such limitations and exceptions as the President shall prescribe, until otherwise ordered by the President