person violating any provision of this title may be tried and punished either in the district in which the unlawful matter or publication was mailed, or to which it was carried by mail for delivery according to the direction thereon, or in which it was caused to be delivered by mail to the person to whom it was addressed. Sec. 3, title XII, act of June 15, 1917 (40 Stat. 230).

Notes of Decisions.

Evidence.--Evidence examined and held sufficient to connect defendants with the mailing of printed circulars in pursuance of a conspiracy to obstruct the recruiting and enlistment service. Schenck v. U. S.

(1919), 249 U. S. 47. Likewise evidence to sustain a conviction under this section. Shaffer v. U. S. (C. C. A. 1919), 255 Fed. 886.

3015. Mail addressed to suspected parties not forwarded. 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. Sec. 4, added to title XII, act of June 15, 1917 (40 Stat. 231), by sec. 2, act of May 16, 1918 (40 Stat. 554).

This section is no longer operative, being expressly repealed by joint resolution of Mar. 3, 1921, ante 2857. For other portion of said joint resolution see 2835, ante.

Notes of Decisions.

Review by courts.-The Postmaster General is required, under this section, to use judgment and discretion in determining whether or not certain matter is mailable, and his decision must be regarded as conclusive by the courts, unless it appears that it is entirely wrong. Masses Pub. Co. . Patten (C. C. A. 1917), 246 Fed. 24. But it is doubtful if the Postmaster Gen

eral can issue a blanket order refusing second-class mailing privileges in the future to a newspaper whose previous publications had been found to violate the espionage act. U. S. ex rel. Milwaukee, etc., Pub. Co. บ. Burleson (D. C. App. 1919), 258 Fed. 282; affirmed (Sup. Ct. 1921), 65 L. Ed. 390.

3016. Printed matter in a foreign language nonmailable in time of war. That ten days after the approval of this Act and until the end of the war, it shall be unlawful for any person, firm, corporation, or association, to print, publish, or circulate, or cause to be printed, published, or circulated in any foreign language, any news item, editorial or other printed matter, respecting the Government of the United States, or of any nation engaged in the present war, its policies, international relations, the state or conduct of the war, or any matter relating thereto: Provided, That this section shall not apply to any print, newspaper, or publication where the publisher or distributor thereof, on or before offering the same for mailing, or in any manner distributing it to the public, has filed with the postmaster at the place of publication, in the form of an affidavit, a true and complete translation of the entire article containing such matter proposed to be published in such print, newspaper, or publication, and has caused to be printed, in plain type in the English language, at the head of each such item, editorial, or other matter, on each copy of such print,

at

on

newspaper, or publication, the words "True translation filed with the postmaster (naming the post office where the translation was filed, and the date of filing thereof) as required by the Act of the date of this Act).

(here giving

Any print, newspaper, or publication in any foreign language which does not conform to the provisions of this section is hereby declared to be nonmailable, 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 nonmailable by the provisions of the Act relating to espionage, approved June fifteenth, nineteen hundred and seventeen: Provided further, That upon evidence satisfactory 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 conduct 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 revocation 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 English 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 affidavit 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 any 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. Scc. 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 on 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 veterinarians, 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, 1999 (35 Stat. 1131), as amended by act of May 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 (40 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 service of the Nation to compel obedience to its laws. In re Debs, 158 U. S. 564, 582; In re Neagle, 135 U'. S. 1; Ex parte Siebold, 100 U. S. 371, 395; U. S. v. Kirby, 7 Wall 482. See Winthrop, Military Law and Precedents, p. 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 Postmaster General, and all persons employed in the postal service, shall respectively take and subscribe before some magistrate or other competent officer authorized to adminis ter oaths by 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 everything 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 holding 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), as 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 reenacted 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. S. 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.