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PREFACE

This pamphlet was originally planned as a third and revised edition of a similar work, compiled under another title by Mr. Horace Kent Tenney, Chief of the Bureau of Law of the Chicago Division of the American Protective League; but, because of enlarged material and substantial change in arrangement and method of treatment, it is now issued as a new book.

Like the former pamphlet, it is intended to furnish a convenient means of finding the Federal laws protecting the nation against hostile activities at home in time of war. Brevity being desired, the compilation includes only the more important statutes and proclamations which regulate conduct. It does not attempt to cover the whole field of war legislation or even to give in full the law on the subjects chosen for treatment.

The revision has been supervised by an officer of the Military Intelligence Branch. Relevant extracts from statutes enacted by the present session of Congress have been inserted. In case of further legislation along the same lines, a supplement may be published.

Certain words in the various extracts have been italicized by the compiler, for the guidance of persons who may use the pamphlet for hasty reference purposes.

G. S. H. June 30, 1918

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Part I-Laws of General Application Throughout U. S.

Jurisdiction:

U. S. Criminal Code (of March 4, 1909, as amended):

Treason and Sedition (Secs. 1-6)......

Foreign or Hostiie Connections (Secs. 7-10).....

Pretending to be an Officer (Sec. 32) ...

Conspiracy to Commit an Offense (Sec. 37)..

Enticing Desertion or Strikes (Secs. 42-43) ..

Trespasses at Military Places (Secs. 44, 45, 60).

Falsely Claiming Citizenship (Sec. 79) ...

Aiding or Counseling Offense (Sec. 332) .........

Miscellaneous Criminal Acts

Wearing Uniform Unlawfully (Act of June 3, 1916).

Desecrating Flag in D. C. (Act of February 8, 1917) ..

Threatening the President (Act of February 14, 1917)

Forging Discharge Certificate (Act of March 4, 1917) ..

Interfering with Homing Pigeons (Act of April 19, 1918)

Espionage Act (of June 15, 1917, as amended, 1918)

Title 1 -Espionage (Secs. 1-2)........

Disloyalty, etc. (Sec. 3, as amended)..

Conspiracies, etc. (Secs. 4-9)...

II -Vessels in Ports ......

III -Injuring Vessels ..................

IV -Obstructing Commerce ......

V Neutrality ..................

VI -Seizure of Arms .......

VII-Export Embargoes ...

VIII-Foreign Relations .........

IX -Passports

X -Counterfeiting Seal .....

XI -Search Warrants .....

" XII –Use of Mails :.....

“ XIII–General Provisions ........

Trading-with-Enemy Act (of October 6, 1917, as amended, 1918):

Definitions (Secs. 1-2) ......

Prohibitions (Sec. 3 a, b, c)

Censorship (Sec. 3d) ..................

Enemy Insurance Companies (Sec. 4 a) ..

Change of Name (Sec. 4b) ......

Regulation by President (Sec. 4 b cont., Sec.

Export of Coin or Bullion (Sec. 5b) ..

Alien Property Custodian (Sec. 6) ...

Reports, Suits and Payments (Sec. 7)

Rights and Claims (Secs. 8-9) .....

Patents, Trade Marks, etc. (Sec. 10) ..

Import Embargoes (Sec. 11) ..

Custodian's Duties and Powers (Sec. 12, as amended)......

Shipping Manifests (Secs. 13-14) ....

Appropriation, Penalties, etc. (Secs. 15-18)......ii.

Foreign Language News Items (Sec. 19) ........................

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Sabotage Act (of April 20, 1918):

Definitions (Sec. 1)...
Offenses and Penalties (Secs. 2-3)........

Part II-Laws Controlling Persons Liable for or in Military

Service, etc.:

Selective Service Act (of May 18, 1917):

Conscription and Army Increase (Secs. 1-2).
Exemptions and Discharges (Secs. 3-4)
Registration and Penalties (Secs. 5-6)...
Miscellaneous Provisions (Secs. 7-11) ...
Protection of Morals (Secs. 12-13) ....

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Articles of War (Act of August 29, 1916):

Jurisdiction (Arts. 2, 12)......
Fraudulent Enlistment, etc. (Arts. 54, 55)
Desertion, Absence, etc. (Arts. 58, 59, 61)...
Disrespect and Insubordination (Arts. 62, 63, 64, 65)..
Mutiny or Sedition, etc. (Arts. 66, 67)..
Arrest or Confinment (Art. 69) ......
Misbehavior Before Enemy (Art. 75).
Countersigns and Safeguards (Arts. 77, 78).
Traitors and Spies (Arts. 81, 82).......
Military Property (Arts. 83, 84).....
Good Order and Behavior (Arts. 89, 90)....
Murder, Rape and Various Crimes (Arts. 92, 93)
General Conduct and Discipline (Arts. 95, 96)..........
Miscellaneous Provisions (Arts. 106, 109) ........
Articles for Government of Navy (R. S. Sec. 1624 as amended):

Capital Offenses (Arts. 4, 5, 6).....
Miscellaneous Provisions (Arts. 7-63)...

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Part III. Laws Controlling Travellers, Aliens and Ene

mies, etc. Passport Act (of May 22, 1918) :

Prohibitions, etc. (Sec. 1).....

Penalties, etc. (Secs. 2, 3)....
Immigration Act (of February 5, 1917):

Classes Excluded from U. S. (Sec. 3).
Deportation of Aliens (Sec. 19) .......................

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Alien Enemy Laws and Regulations (U. S. R. S. and Proclamations):
Removal of Alien Enemies (R. S. Sec. 4067, as amended 1918)....
Time for Removal (R. S. Sec. 4068)
Jurisdiction over Alien Enemies (R. S. Sec. 4069)...
War Regulations for Germans (April 6, 1917)
Additional Rules for Germans (November 16, 1917).......
War Regulations for Austrians (December 11, 1917).

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Part IV-Laws Restricting Use or Disposition of Certain

Materials, etc.:
Radio Law and Executive Order (1912, 1917):

Regulation of Radio Communication (Act of Aug. 13, 1912)...

Taking over and Closing of Stations (April 30, 1917)........ Food and Fuel Act (of August 10, 1917):

Food Control, etc. (Secs. 1-24).......
Fuel Control (Sec. 25)........
Miscellaneous (Secs. 26-27)............
Explosives Act (of October 6, 1917):

Prohibition and Definitions (Secs. 1-7)..........
Regulations and Licenses (Secs. 8-16)...

Punishment and Miscellanies (Secs. 19-22)........

Anti-Aircraft Proclamation (of February 28, 1918).. INDEX .....

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Part I. Laws of General Application Throughout U. S.

Jurisdiction

WS

U. S. CRIMINAL CODE

("An Act to codify, revise and amend the penal laws of the United States." Approved March 4, 1909, ch. 321, 35 Stat. 1088.) [As amended to end of 1917. Important sections only are here shown.)

TREASON AND SEDITION

SEC. 1. Whoever, owing allegiance to the United States, levies war against them, or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason. (R. S. Sec. 5331. Comp. Stat., 1916, Sec. 10165.)

Sec. 2. Whoever is convicted of treason shall suffer death; or, at the discretion of the court, shall be imprisoned not less than five years and fined not less than ten thousand dollars, to be levied on and collected out of any or all of his property, real and personal, of which he was the owner at the time of committing such treason, any sale or conveyance to the contrary notwithstanding; and every person so convicted of treason shall, moreover, be incapable of holding any office under the United States. (R. S. Sec. 5332. 1916 Comp. Stat., Sec. 10166.)

Sec. 3. Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not as soon as may be disclose and make known the same to the President or to some Judge of the United States, or to the Governor, or to some Judge or Justice of a particular State, is guilty of misprision of treason and shall be imprisoned not more than seven years and fined not more than one thousand dollars. (R. S. Sec. 5333. Comp. Stat., 1916, Sec. 10167.)

Sec. 4. Whoever incites, sets on foot, assists or engages in any rebellion or insurrection against the authority of the United States or the laws thereof,. or gives aid or comfort thereto, shall be imprisoned not more than ten years, or fined not more than ten thousand dollars, or both; and shall, moreover, be incapable of holding any office under the United States. (R. S. Sec. 5334. Comp Stat., 1916, Sec. 10168.)

SEC. 5. Every citizen of the United States, whether actually resident or abiding within the same, or in any place subject to the jurisdiction thereof, or in any foreign country, without the permission or authority of the Government, directly or indirectly, commences or carries on any verbal or written correspondence or intercourse with any foreign government or any officer or agent thereof, with an intent to influence the measures or conduct of any foreign government or of any officer or agent, thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the Government of the United States; and every person, being a citizen of or resident within the United States or in any place subject to the jurisdiction thereof, and not dnly authorized, counsels, advises or assists in any such correspondence with such intent, shall be fined not more than five thousand dollars and imprisoned not more than three years; but nothing in this section shall be construed to abridge the right of a citizen to apply, him

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