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TELEPHONES AND TELEGRAPHS.

Falsifying or refusing to transmit message..
Military messages shall have right of way.

Section,

587 588

587. Falsifying or refusing to transmit message.—Telegraph companies are required in cases of war, insurrection, etc., to transmit communications of officers of the Government, and refusal or wilful omission to so transmit such message or the alteration or falsifying of the same, subjects the offending employee to a fine or imprisonment or both.

Alaska, Comp. Laws 1913, sec. 2044, p. 682. 588. Military messages shall have right of way. In times of riot, or danger thereof, all military messages shall have right of way over telephone and telegraph lines.

Georgia, 6 Park's Ann. Code 1914, sec. 1427(a). 164

TRANSPORTATION.

Section,

589 590 591

Army transports; application for transportation...
Munitions may be carried on vessels by troops...
Preference and precedence shall be given to troops.
Rates:

Free transportation.....
Reduced rates.....
Governor may impose rates..

592-595 596, 597

598

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589. Application for transportation on Army transports.-Applications for ocean transportation on United States Army transports in behalf of persons in the Philippine service shall be transmitted under authority of the Governor General to the department quartermaster of the United States Army.

Philippine Islands, Laws 4th Legis. 1916, sec. 312, p. 96. 590. Troops allowed to carry munitions on vessels.-The law against carrying dynamite, gunpowder and other explosives on vessels, cars, or vehicles carrying passengers and operated by common carrier shall not be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipment vessels, cars, or vehicles.

Michigan, 2 Howells' Ann. Stat. 1912, sèc. 4251. 591. Troops to have preference.-In time of war or threatened war, preference and precedence shall, upon the demand of the governor of the State, be given over all other traffic to the transportation of troops and materials of war, and carriers shall adopt every means within their control to facilitate and expedite the military traffic.

Michigan, 3 Howell's Ann. Stat. 1912, sec. 6533(h). 592. Troops transported free.—Whenever a state of war exists between the United States and any other nation it shall be lawful for any common carrier engaged in transportation of passengers within this State to transport any soldier, sailor, or marine of the United States or any member of the Minnesota National Guard or of the organized State Militia, free of charge when in uniform and trip is wholly within the State.

Minnesota, Laws 1917, ch. 375; Gen. Stat. Supp. 1917, sec. 4337-1. 593. Troops transported free.--It shall be lawful for any railroad to transport free, or at reduced rates, the National Guard of the State or of other States, or Volunteer or Regular Army of the United States, or military stores, property, or equipments when such transportation is necessary for military purposes, and such railroad shall not thereby be deemed guilty of unjust discrimination or undue preference.

Oregon, Laws 1911, ch. 56. 594. Tollgates and ferries allow free passage.-Any person belonging to the military or naval forces of the State or of the United States shall, together with his conveyance and the military property of the State or of the United States in his charge, be allowed to pass free through all tollgates and over all toll bridges and ferries if he is in uniform and presents an order for duty or certificate of membership in the military or naval service of the State or of the United States. The provisions of this act shall apply only during the continuance of the present war.

New York, Laws 1918, ch. 244. Similar provisions: Arkansas, Kirby's Dig. Stat. 1904, sec. 5324; Colorado, Rev. Stat. 1908, sec. 4438; Kentucky, 1 Stat. 1915, sec. 2668(1); Louisiana, 2 Marr's Ann. Stat. 1915, sec. 4576; Nevada, 2 Rev. Laws 1912, sec. 3047; New Mexico, Stat. 1915, sec. 3892; North Dakota, 1 Comp. Laws 1913, sec. 2429; Oregon, 2 Lord's Laws 1910, sec. 3774; South Carolina, 1 Code 1912, sec. 565; Washington, Pierce's Code 1912, tit. 337, sec. 131, p. 1435; West Virginia, 1 Hogg's Ann. Code 1913, sec. 824.

595. Ferries to carry soldiers free of charge.-A ferry owned or operated by a municipality between points wholly within the State of New York shall carry, without charge or fee of any kind, for transportation between such points any soldiers, sailors, or marines in uniform during their term of enlistment in the service of the State or of the United States.

New York, Laws 1918, ch. 296. 596. Special rates lawful for National Guard.—The law against a person who holds a public office accepting a pass or purchasing transportation from any railroad or other corporation other than as such transportation may be purchased by the general public does not apply to members of the National Guard of Arizona traveling under orders.

Arizona, Penal Code, sec. 700. 597. Transportation at reduced rates.-Railroads may furnish transportation to companies of the militia, together with their munitions, stores, and equipments, at reduced rates.

Virginia, 1 Ann. Code 1904, sec. 305. 598. Governor and council to impose rates.—The proprietor of railroads shall in time of war, insurrection, or invasion, transport soldiers, munitions of war, and other property of the State over their roads, when required by its officers and agents, at such rates as the governor and council shall impose if the parties do not agree. They shall transport soldiers, munitions of war, and other property of the United States, when required by the proper officers and agents, at such rates as the governor and council shall impose if the parties do not agree and the United States shall submit the matter to their decisions.

New Hampshire, Pub. Stat. 1901, ch. 160, secs. 24, 25 . TREASON.

Definitions....
Attaint of treason.
Jurisdiction..
Misprision....
Sentence; governor may suspend...

Section, 599-603

604 605, 606

607 608

599. Definition.—Treason against the State shall consist only in levying war against it or in adhering to its enemies, giving them aid and comfort.

Alabama, Const. art. 1, sec. 18. Similar provisions: Arkansas, Const. art. 2, sec. 14; Kirby's Dig. Stat. 1904, sec. 2063; Arizona, Const. art. 2, sec. 28; California, Const. art. 1, sec. 20; Colorado, Const. art. 2, sec. 9; Connecticut, Const. art. 9, sec. 4; Delaware, Const. art. 6, sec. 3; Florida, Const. Decl. of Rights, sec. 23; Georgia, Const. art. 1, sec. 2, par. 2; Idaho, Const. art. 5, sec. 5; Illinois, 2 Ann. Stat. 1913, par. 3955; Indiana, Const. art. 1, sec. 28; 1 Burns' Ann. Stat. 1914, sec. 2233; Iowa, Const. art. 1, sec. 16; 2 Code 1897, sec. 4724; Kansas, Const. Bill of Rights, sec. 13; Kentucky, Const. sec. 229; Louisiana, Const. art. 163; 1 Marr's Ann. Rev. Stat. 1915, sec. 1995; Maine, Const. art. 1, sec. 12; Maryland, 3 Ann. Code, art. 27, sec. 466; Massachusetts, 2 Rev. Laws 1902, ch. 206, sec. 1; Minnesota, Const. art. 1, sec. 9; Mississippi, Const. art. 3, sec. 10; 1 Hem. Ann. Code 1917, sec. 1130; Missouri, 2 Rev. Stat. 1909, sec. 4339; Montana, Const. art 3, sec. 9; Nebraska, Const, art. 1, sec. 14; Rev. Stat. 1913, sec. 8576; Nevada, Const. art. 1, sec. 19; 2 Rev. Laws 1912, sec. 6308; New Hampshire, Rev. Stat., ch. 279, sec. 1; New Jersey, Const. art. 1, sec. 14; New Mexico, Const. art. 2, sec. 16; New York, Penal Law, sec. 2380, p. 371; North Dakota, 2 Comp. Laws 1913, sec. 9447; Oklahoma, Const. art. 2, sec. 16; Oregon, Const. art. 1, sec. 24; Pennsylvania, 1 Purdon's Dig. 1905, p. 1016, sec. 493; Rhode Island, Gen. Laws 1909, ch. 341, sec. 1; South Carolina, Const. art. 1, sec. 22; South Dakota, Const. art. 6, sec. 25; Laws 1918, ch. 64; Tennessee, Code 1918, sec. 6627; Texas, Const. art. 1, sec. 22; 1 Vernon’s Crim. Stat. 1916, p. 56, art. 92; Utah, Const. art. 1, sec. 19; Vermont, Gen. Laws 1917, sec. 6786; Virginia, 2 Code 1904, sec. 3658; Washington, Const. art. 1, sec. 27; Pierce's Code 1912, p. 695, tit. 135, sec. 129; West Virginia, Const. art. 2, sec. 6; Wisconsin, Const. art. 1, sec. 10; Wyoming, Const. art. 1, sec. 26. (Nebraska and Tennessee include levying war against the United States. Virginia includes establishing, without authority of the legislature, government within its limits separate from the existing government.)

600. Definition of levying war.–To constitute levying war against the State an actual act of war must be committed. To conspire to levy war is not enough. Where persons rise in insurrection with intent to prevent, in general, by force and intimidation, the execution of a statute of the State or to force its repeal, they shall be guilty of levying war. But an endeavor, although by numbers and force of

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arms, to resist the execution of a law in a single instance and for a private purpose is not levying war.

Minnesota, Gen. Stat. 1913, sec. 8519. 601. Inducing a foreign power to declare war and aiding it.—A citizen who shall induce a foreign power to declare war on this Territory, or shall plot with it to the same end; who shall facilitate the enemy's entrance, the capture of a fortified place, military post, national vessel, or stores of military or food supplies; who shall induce Government troops to go over to the enemy's ranks or to desert their flag while in the field; who shall recruit people to make war upon the country under the flag of a hostile power; who shall take up arms against his country under hostile flags; who shall furnish troops of a hostile power with money, arms, transports, articles or munitions of war, food, or other means, direct and effectual, for carrying on hostilities; who shall furnish the enemy with topographical maps or plans of fortifications, documents, or information which shall directly lead to the same end of committing hostilities or favoring the progress of the hostile arms or who shall prevent the national troops from receiving assistance, shall be guilty of treason. Frustrated crimes shall be punished as though consummated, and attempts shall be punished with the penalty next lower by one degree. A foreigner residing in this Territory who shall conspire to commit any of the crimes specified above shall be punished, reserving the provisions of treaties or international law relating to diplomatic officials,

Porto Rico, Penal Code, Cuba & P. R. 1900, arts. 134-138. 602. Surrendering or betraying military post.--Whoever residing within this State shall surrender or betray, or be in any way concerned in surrendering or betraying any military post, fortification, arsenal, or military stores of this State or of the United States into the possession or power of any enemies of either, or shall supply arms or ammunition or military stores to such enemies, or who unlawfully and without authority usurps possession and control of any such military post, fortification, arsenal, or military stores, or having knowledge of any treason against this State or the United States shall wilfully omit or refuse to give information thereof to the governor or some judge of this State or to the President of the United States, shall be imprisoned in the penitentiary not less than ten years and not more than twenty.

Nebraska, Rev. Stat. 1913, sec. 8577. 603. Aiding the enemy.--Treason against the Suate shall consist in taking a commission from or under the authority of the enemies of the State or of the United States; levying war against the State or its government; knowingly and willingly aiding and assisting any enemies at open war against the State or United States by joining

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