« PreviousContinue »
newspaper, or publication, the words “ True translation filed with the postmaster at
(naming the post office where the translation was filed, and the date of filing thereof) as required by the Act of (bere giving the date of this Act).
Any print, newspaper, or publication in any foreign language which does not conform to the provisions of this section is hereby declared to be noninailable, and it shall be unlawful for any person, firm, corporation, or association, to transport, carry, or otherwise publish or distribute the same, or to transport, carry or otherwise publish or distribute any matter which is made nonmail: able by the provisions of tlie Act relating to espionage, approved June fifteenth nineteen hundred and seventeen: Provided further, That upon evidence sat: isfactory to him that any print, newspaper, or publication, printed in a foreign language may be printed, published, and distributed free from the foregoing restrictions and conditions without detriment to the United States in the coliduct of the present war, the President may cause to be issued to the printers or publishers of such print, newspaper, or publication, a permit to print, publish, and circulate the issue or issues of their print, newspaper, or publication, free from such restrictions and requirements, such permits to be subject to revoca. tion at his discretion. And the Postmaster General shall cause copies of all such permits and revocations of permits to be furnished to the postmaster of the post office serving the place from which the print, newspaper, or publication, granted the permit is to emanate. All matter printed published and distributed under permits shall bear at the head thereof in plain type in the Enzlish language, the words, “ Published and distributed under permit authorized by the Act of (here giving date of this Act), on file at the post office of (giving name of office).”
Any person who shall make an aflidavit containing any false statement in connection with the translation provided for in this section shall be guilty of the crime of perjury and subject to the punishment provided therefor by section one hundred and twenty-five 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," and any person, firm, corporation, or association, violating ang other requirement of this section shall, on conviction thereof, be punished by a fine of not more than $500, or by imprisonment of not more than one year, or, in the discretion of the court, may be both fined and imprisoned. Sec. 19, act of Oct. 6, 1917 (40 Stat. 425-426).
For joint resolution that certain statutes, the operation of which is contingent upon the existence of a state of war, shall be construed as if the World War had ended or Mar. 3, 1921, see 2835, ante.
3017. Restrictions on mailing dangerous articles. That all kinds of poison, and all articles and compositions containing poison, and all poisonous animals, insects, and reptiles, and explosives of all kinds, and inflammable materials, and infernal machines, and mechanical, chemical, or other devices or compositions which may ignite or explode, and all disease germs or scabs, and all other natural or artificial articles, compositions, or materials, of whatever kind, which may kill or in anywise hurt, harm, or injure another or damage, deface
, or otherwise injure the mails or other property, whether sealed as first-class matter or not, are hereby declared to be nonmailable matter, and shall not be conveyed in the mails or delivered from any post office or station thereof, nor by any letter carrier; but the Postmaster General may permit the transmission in the mails, from the manufacturer thereof or dealer therein to
licensed physicians, surgeons, dentists, pharmacists, druggists, and veteri. narians, under such rules and regulations as he shall prescribe, of any articles hereinbefore described which are not outwardly or of their own force dangerous or injurious to life, health, or property : Provided, That all spirituous, vinous, malted, fermented, or other intoxicating liquors of any kind are hereby declared to be nonmailable, and shall not be deposited in or carried through the mails. Whoever shall knowingly deposit or cause to be deposited for mailing or delivery, or shall knowingly cause to be delivered by mail, according to the direction thereon or at any place at which it is directed to be delivered by the person to whom it is addressed, anything declared by this section to be nonmailable, unless in accordance with the rules and regulations hereby authorized to be prescribed by the Postmaster General, shall be fined not more than $1,000 or imprisoned not more than two years, or both; and whoever shall knowingly deposit or cause to be deposited for mailing or delivery, or shall knowingly cause to be delivered by mail, according to the direction thereon or at any place to which it is directed to be delivered by the person to whom it is addressed, anything declared by this section to be nonmailable, whether transmitted in accordance with the rules and regulations authorized to be prescribed by the Postmaster General or not, with the design, intent, or purpose to kill or in anywise hurt, harm, or injure another, or damage, deface, or otherwise injure the mails or other property, shall be fined not more than $10,000 or imprisoned not more than twenty years, or both. Sec. 217, Criminal Code, act of March 4, 1909 (35 Stat. 1131), as amended by act of Alay 25, 1920 (41 Stat, 620-621).
3018. Censorship of communications during the World War.-Whenever, during the present war, the President shall deem that the public safety demands it, he may cause to be censored under such rules and regulations as he may from time to time establish, communications by mail, cable, radio, or other means. of transmission passing between the United States and any foreign country he may from time to time specify, or which may be carried by any vessel or other means of transportation touching at any port, place, or territory of the United States and bound to or from any foreign country. Any person who willfully evades or attempts to evade the submission of any such communication to. such censorship or willfully uses or attempts to use any code or other device for the purpose of concealing from such censorship the intended meaning of such communication shall be punished as provided in section sixteen of this Act. Sec. 3(d), act of Oct. 6, 1917 (40 Stat. 413).
For joint resolution that certain statutes, the operation of which is contingent upon the existence of a state of war, shall be construed as if the World War had ended on Mar. 3, 1921, see 2835, ante.
3019. Opening letters.—* Provided, That nothing in this Act shall be so construed as to authorize any person other than an employee of the Dead Letter Office, duly authorized thereto, or other person upon a search warrant authorized by law, to open any letter not addressed to himself. Sec. 1, title XII, act of June 15, 1917 (10 Stat. 230).
3020. Obstructing the mails.- Whoever shall knowingly and willfully obstruct or retard the passage of the mail, or any carriage, horse, driver, or carrier, or car, steamboat, or other conveyance or vessel carrying the same, shall be fined not more than one hundred dollars, or imprisoned not more than six months, or both. Sec. 201, Criminal Code, act of March 4, 1909 (35 Stat. 1127).
Notes of Decisions.
Use of Army in emergency. The entire strength of the Nation may be used to enforce, in any part of the land, the full and free exercise of all national powers and the security of all rights intrusted by the Constitution to its care. The strong arm of the National Government may be put forth to brush away all obstructions to the freedom of interstate commerce or the trans
portation of the mails. If the emergency arise, the Army of the Nation and all its militia are at the serviee of the Nation to compel obedience to its laws. In re Debs, 158 U. S. 564, 582; In re Neagle, 135 l'. S. 1; Es parte Siebold, 100 U. S. 371, 393; U. S. 0. Kirby, 7 Wall 482. See Win throp, Military Law and Precedents, . 1355, note 3.
3021. Oath of persons in the postal service.—That before entering upon the duties, and before they shall receive any salary, the Postiaster General, and all persons employed in the postal service, shall respectively take and subscribe before some magistrate or other competent officer authorized to administer oaths hy the laws of the United States, or of any State or Territory, the following oath or affirmation:
"I, A, B. do solemnly swear (or affirm, as the case may be,) that I will faithfully perform all the duties required of me and abstain from every. thing forbidden by the laws in relation to the establishment of post-offices and post-roads within the United States, and that I will honestly and truly account for and pay over any money belonging to the said United States which may come into my possession or control; and I also further swear (or affirm) that I will support the Constitution of the United States; so help me God." And this oath or affirmation may be taken before any officer civil or military Hold: ing a commission under the United States, and such officer is hereby authorized to administer and certify such oath or affirmation. Sec. 15, act of June 8, 1872 (17 stat. 287), 18 amended by act of March 5, 1874 (18 Stat. 19-20).
Secs. 391 and 392, R. S., incorporated the act of June 8, 1872, but not the amendatory act of Mar, 5, 1874.
The oath prescribed by R. S. 1757, ante, 91, is to be taken by any person elected or appointed to any office of honor or profit, in the civil, military, or naval service, except the President, by sec. 2, act of May 13, 1884, ante, 91.
Notes of Decisions.
Oath of postmasters.--A mail contractor can not draw pay for services or work rendered or done prior to his taking the oath prescribed by act of Mar. 3, 1863, in part reenacter herein. (1866) 11 Op. Atty. Gen. 498.
While postmasters, in common with all other officers of the United States, except the President, are now required to take the oath of office prescribed in R. 8. 1757, ante. 91, they are not exempted from taking the oath prescribed by this act, but must take this also. (1885) 18 Op. Atty. Gen. 182.
17. Trial judge advocate to prosecute;
counsel to defend. 18. Challenges. 19. Oaths. 20. Continuances. 21. Refusal or failure to plead. 22. Process to obtain witnesses, 23. Refusal to appear or testify. 24. Compulsory
self-incrimination probibited. 26. Depositions when admissible. 20. Depositions before whom taken. 27. Courts of inquiryrecords of, when
A. Enlistment; muster; returns.
54. Fraudulent enlistment. 55. Omcer making unlawful enlistment. 56, False muster, 57. False returns-omission to render re
69. Arrest or confinement.
V. MISCELLANEOUS PROVISIONS.
E. War offenses.
75. Misbehavior before the enemy.
public service. 80. Dealing in captured
abandoned property. 81. Relieving, corresponding with, or aid
ing the enemy. 82. Spies.
104. Disciplinary powers of commanding
officers. 105. Injuries to property; redress of. 106. Arrest of deserters by civil officials. 107. Soldiers to make good time lost. 108. Soldiers—sepa ration from the service. 109. Oath of enlistment. 110. Certain articles to be read and er
plained. 111. Copy of record of trial. 112. Effects of deceased persons-disposi
tion of. 113. Inquests. 114. Authority to administer oaths. 115. Appointment of reporters and inter
preters. 116. Powers of assistant trial Judge ade
vocate and of assistant defense
counsel. 117. Removal of civil suits. 118. Officers-separation from service. 119. Rank and precedence among regulars
militia, and volunteers. 120. Command wben different corps or com
mands happen to join. 121. Complaints of wrongs.
F. Miscellaneous crimes and offen 8C8.
83. Military property-willful or negligent
loss, damage, or wrongful dis
position of. 84. Waste or unlawful disposition of mill
tary property issued to soldiers,
time of actual war.
1. BRITISH CODE.-In the early periods of English history military law existed only 19
When war broke out troops were raised as occasion required, and ordinances for their government, or, as they were afterwards called, articles of war. were issued by the Crown, with the advice of the constable or of the peers or other experienced persons, or were enacted by the commander in chief in pursuance of an authority for that purpose given in his commission from the Crown, Grose, Antiquities. vol. 2, p. 58.