any thing or things, product or products, necessary or essential to the prosecution of the war in which the United States may be engaged, with intent by such curtailment to cripple or hinder the United States in the prosecution of the war, and whoever shall willfully advocate, teach, defend, or suggest the doing of any of the acts or things in this section, enumerated, and whoever shall by word or act support or favor the cause of any country with which the United States is at war or by word or act oppose the cause of the United States therein, shall be punished by a fine of not more than $10,000 or imprisonment for not more than twenty years, or both: Provided, That any employee or official of the United States Government who commits any disloyal act or utters any unpatriotic or disloyal language, or who, in an abusive and violent manner criticizes the Army or Navy or the flag of the United States shall be at once dismissed from the service. Any such employee shall be dismissed by the head of the department in which the employee may be engaged, and any such official shall be dismissed by the authority having power to appoint a successor to the dismissed official.",

SEC. 2. That section one of Title XII and all other provisions of the Act entitled "An Act to punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes," approved June fifteenth, nineteen hundred and seventeen, which apply to section three of Title I thereof shall apply with equal force and effect to said section three as amended.

Title XII of the said Act of June fifteenth, nineteen hundred and seventeen, be, and the same is hereby, amended by adding thereto the following section:

"SEC. 4. When the United States is at war, the Postmaster General may, upon evidence satisfactory to him that any person or concern is using the mails in violation of any of the provisions of this Act, instruct the postmaster at any post office at which mail is received addressed to such person or concern to return to the postmaster at the office at which they were originally mailed all letters or other matter so addressed, with the words 'Mail to this address undeliverable under Espionage Act' plainly written or stamped upon the outside thereof, and all such letters or other matter so returned to such postmasters shall be by them returned to the senders thereof under such regulations as the Postmaster General may prescribe." Approved, May 16, 1918.

(EXTRACT FROM)

[PUBLIO RESOLUTION No. 64-66TH CONGRESS.]

[H. J. Res. 382.]

Joint Resolution Declaring that certain Acts of Congress, joint resolutions, and proclamations shall be construed as if the war had ended and the present or existing emergency expired.

Provided further, That the Act entitled "An Act to amend section 3, title 1, of the Act entitled 'An Act to punish acts of interference with foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes,' approved June 15, 1917 (Fortieth Statutes, page 217), and for other purposes," approved May 16, 1918 (Fortieth Statutes, page 553), be, and the same is hereby, repealed, and that said section 3 of said Act approved June 15, 1917, is hereby revived and restored with the same force and effect as originally enacted.

Nothing herein contained shall be held to exempt from prosecution or to relieve from punishment any offense heretofore committed in violation of any Act hereby repealed or which may be committed while it remains in force as herein provided.

Approved, March 3, 1921.

(21)

[PUBLIC NO. 443-76тH CONGRESS]

[CHAPTER 72-3D SESSION]

[S. 1398]

AN ACT

To amend the Act entitled "An Act to punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes", approved June 15, 1917, as amended, to increase the penalties for peacetime violations of such Act.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of title I of the Act entitled "An Act to punish acts of interference with the foreign relations, the neutrality, and the foreign commerce of the United States, to punish espionage, and better to enforce the criminal laws of the United States, and for other purposes", approved June 15, 1917, as amended, is amended by striking out "shall be punished by a fine of not more than $10,000 or by imprisonment for not more than two years, or both", and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000".

SEC. 2. Section 5 of title I of such Act, as amended, is amended to read as follows:

"SEC. 5. 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 imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000."

SEC. 3. (a) Section 2 of title II of such Act, as amended, is amended by striking out "shall be fined not more than $10,000, or imprisoned not more than two years, or both.", and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.".

(b) Section 3 of title II of such Act, as amended, is amended by striking out "shall be fined not more than $10,000 or imprisoned not more than two years, or both.", and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ten years and shall, in the discretion of the court, be fined not more than $10,000.".

SEC. 4. Section 1 of title IV of such Act, as amended, is amended by striking out "shall be fined not more than $10,000, or imprisoned not more than ten years, or both.", and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than twenty years and may, in the discretion of the court, be fined not more than $10,000.”.

SEC. 5. Section 6 of title V of such Act, as amended, is amended by striking out "shall be fined not more than $10,000 or imprisoned not more than five years, or both.", and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $10,000.".

SEC. 6. Sections 1, 2, and 3 of title VIII of such Act, as amended, are amended by striking out of each of such sections "shall be fined not more than $5,000 or imprisoned not more than five years, or both.", and inserting in lieu of the matter stricken out the following: "shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $5,000.”.

SEC. 7. Sections 2, 3, and 4 of title IX of such Act, as amended, are amended by striking out of each of such sections "shall be fined not more than $2,000 or imprisoned not more than five years, or both.", and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $2,000.”.

SEC. 8. Section 22 of title XI of such Act, as amended, is amended by striking out "shall be fined not more than $1,000 or imprisoned not more than two years, or both.", and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $1,000.".

SEC. 9. Section 3 of title XII of such Act, as amended, is amended by striking out "shall be fined not more than $5,000 or imprisoned not more than five years, or both.", and inserting in lieu thereof the following: "shall be punished by imprisonment for not more than ten years and may, in the discretion of the court, be fined not more than $5,000.".

Approved, March 28, 1940.

(EXTRACT)

[PUBLIC NO. 670-76тH CONGRESS]

[CHAPTER 439-3D SESSION]

[H. R. 5138]

AN ACT

To prohibit certain subversive activities; to amend certain provisions of law with respect to the admission and deportation of aliens; to require the fingerprinting and registration of aliens; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I

SECTION 1. (a) It shall be unlawful for any person, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States

(1) to advise, counsel, urge, or in any manner cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or

(2) to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States.

(b) For the purposes of this section, the term "military or naval forces of the United States" includes the Army of the United States, as defined in section 1 of the National Defense Act of June 3, 1916, as amended (48 Stat. 153; U. S. C., title 10, sec. 2), the Navy, Marine Corps, Coast Guard, Naval Reserve, and Marine Corps Reserve of the United States; and, when any merchant vessel is commissioned in the Navy or is in the service of the Army or the Navy, includes the master, officers, and crew of such vessel.

SEC. 2. (a) It shall be unlawful for any person—

(1) to knowingly or willfully advocate, abet, advise, or teach the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or by the assassination of any officer of any such government;

(2) with the intent to cause the overthrow or destruction of any government in the United States, to print, publish, edit, issue, circulate, sell, distribute, or publicly display any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence;

(3) to organize or help to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any government in the United States by force or violence; or to be or become a member of, or affiliate with, any such society, group, or assembly of persons, knowing the purposes thereof.