.3 
 
 3 
 
HoUinger Corp. 
 pH8J 
 
65th Congress, | SENATE. J Document 
 
 1st Session. j" •( No. 37. 
 
 THE ESPIONAGE BILL. 
 
 Mr. Overman submitted the following 
 
 CONFERENCE REPORT ON THE BILL (H. R. 291) TO PUNISH ACTS 
 OE 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. 
 
 May 29, 1917. — Ordered to be printed. 
 
 The committee of conference on the disagreeing votes of the two 
 Houses on the amendment of the Senate to the bill (H. R. 291) 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, having met, after full and free conference have 
 agreed to recommend and do recommend to their respective Houses 
 as follows: 
 
 That the House recede from its disagreement to the amendment 
 of the Senate and agree to the same with an amendment as follows : 
 
 In lieu of the matter inserted by said amendment insert the fol- 
 lowing : 
 
 Title I. 
 
 Espionage. 
 
 Seetion 1. That (a) whoever^ for the purpose of oMaining in- 
 formation respecting the- national defense with intent or reason to 
 believe that the information to he obtained is to be used to the 
 Injury of the United States .^ or to the advantage of any foreign 
 nation., goe^ upon., enters., flies over, or otherwise obtains information 
 concerning any vessel., aircraft., work of defense., navy yard., naval 
 station, submarine base., coaling station, fort., battery., torpedo sta- 
 tion., dockyard., canal, railroad, arsenal, cam/p, factory, mine, tele- 
 I graph, telephone, wireless, or signal station, building, office, or other 
 \ place connected loith the national defense, owned or constructed, 
 I ^y, ^*^ progress of constimction by the United States or under the 
 ' control of the United States, or of any of its officers or agents, or 
 ivithin the exclusive jurisdiction of the United States, or any place 
 in which any vessel, aircraft, arms, munitions, or other materials or 
 , instruments for use in time of war are being m,ade, prepared, 'repaired. 
 
'? 
 2 ESPIONAGE BILL. '/^, {^ 
 
 or stored, U7ider any contract or acjreement vnth the United States, or 
 with any person on 'behalf of the United States, or otherwise on 
 behalf of the United States, or any 'prohibited place toith/in the 
 meaning of section seven of this title; or (h) vjhoever for the pur- 
 pose aforesaid, and with like intent or reason to believe, copies, takes, 
 inakes, or obtains, or atteinpts, or induces or aids another to copy, 
 take, make, or obtain, any sketch, photograph, photographic nega- 
 tive, blue print, plan, map, model, instrument, appliance, document, 
 ■writing, or note of anything connected loith the national defense ; 
 or (c) whoever, for the purpose aforesaid, receives or obtains or 
 agrees or attempts or induces or aids another to receive or obtain 
 from any person, or from any source ichatever, any document, writ- 
 ing, code book, signal book, sketch, photograph, photographic nega- 
 tive, blue print, plan, map, model, instrument, upplicmce, or note, 
 of anything connected with the national defense, knoioing or having 
 reason to believe, at the time he receives or obtains, or agrees or 
 attempts or induces or aids another to re'ceive or obtain it, that it 
 has been or will be obtained, taken, made or disposed of by any 
 person contrary to the provisions of this title; or {d) ivhoever, l<iv> 
 fully or untawfuUy having possession of, access to, control over, 
 or being intrusted with any docwrnent, writing, code book, signal 
 book, sketch, photograph, photographic negative, blue print, plan, 
 map, model, instrument, appliance, or note relating to the national 
 defense, willfully communicates or transmits or attempts to co-m- 
 municate or transmit the same to any person not entitled to receive 
 it, or willfully retains the same and fails to deliver it on demand 
 to the officer or employee of the United States entitled to receive it: 
 or (e) whoever, being intrusted with or having lawful possession or 
 control of any document, writing, code book, signal book, sketch, 
 photograph, photographic negative, blue print, plan, ma,p, model, 
 '•note, or information, relating to the national defense, through gross 
 negligence permits the same to be removed from its proper place 
 of custody or delivered to anyone in violation of his trust, or to be 
 lost, stolen, abstracted, or destroyed, shall be punished by a jine of 
 not more than $10,000, or by invprisonment for not more than tiro 
 years, or both. 
 
 Sec. 2. (a) Whoever, with intent or reason to believe that it is to 
 be used to the injury of the United States or to the advantage of a. 
 foreign nation, communicates, delivers, or transmits, or attempts to, 
 or aids or induces another to, communicate, deliver, or transmit, to 
 any foreign government, or to any faction or party or military or 
 naval force within a foreign country, whether recognised or unrecog- 
 nized by the United States, or to any representative, officer, agent, em- 
 ployee, subject, or citizen thereof, either directly or indirctly, any 
 document, W7'iting, code book, signal book, sketch, photograph, photo- 
 graphic negative, blue print, plan, map, model, note, instrument, ap- 
 pliance, or information relaling to the national defense, shall be 
 punished by imprisonmnent for not more than ttventy years: Provided, 
 That tvhoever shall violate the provisions of subsection (a) of this 
 section in time of war shall be punished by death or by itnprisonment 
 for not more than thirty years: and (b) tvhoever, in time of war, 
 with intent that the same shall be communicated to the enemy, shall 
 collect, record, puhlish, or com^nunicate, or attempt to elicit any in- 
 formation with respect to the movement, numbers, description, con- 
 
 D. of. D. 
 JUN h: 1917 
 
^^ ESPIONAGE BILL. 3 
 
 ^. ditio7i, or disposition of any of the armed forces^ ships, aircraft, or 
 war materials of the United States, or with respect to the plans or 
 ^ conduct, or supposed plans or conduct of any naval or military opera- 
 ^ Hans, or loith respect to any works or measures undertaken for or con- 
 nected loith, or intended for the fortification or defense of any place, 
 or any other infornuition relating to the public defense, which might 
 he useful to the enemy, shall he punished hy death or hy imprison- 
 Tnent for not more than thirty years. 
 
 Sec. 3. Whoever, when the United States is at war, shall willfully 
 make or convey false reports or false statements with intent to inter- 
 fere with the operation or success of the miUtary or naval forces of 
 the United States or to promote the success of its enemies and who- 
 ever, lohen the United States is at war, shall willfully cause or at- 
 tenvpt to cause insuhordination, disloyalty, mutiny, or refusal of duty, 
 in the military or naval forces of the United States, or shall tvillfully 
 obstruct the recruiting or enlistment service of the United States, to 
 the injury of the service or of the United States, shall he punished 
 hy a fine of not more than $10,000 or infiprisonnnerit for not more than 
 tioenty years, or hoth. 
 
 Sec. 4. When the United States is at war, the publishing toillfully 
 of information xvith respect to the movement, numbers, description, 
 or disposition of any of the armed forces of the United States in 
 7iaval or mjilitary operations, or icith respect to any of the works in- 
 tended for the fortification or defense of any place, lohich informa- 
 tion is useful to the enemy, is hereby prohibited ; and the President 
 may from. tim.e to time by proclamation declare the character of 
 such above described inform,ation which in his opinion is not useful 
 to the enemy, and thereupon it shall be lawful to publish the same. 
 In any prosecution hereunder the jury trying the cause shall deter- 
 mine not only lohether the defendant did loiUfully publish such in- 
 formation but also whether such information loas of such character 
 as to be useful to the enemy: Provided, That nothing in this section 
 shall be construed to limit or restrict any discussion, comment, or 
 criticism of the acts or policies of the Govermnent or its representa- 
 tives or the publication of the same, if such discussion, comment, or 
 criticism does not disclose information herein prohihited. 
 
 Whoever violates this section shall, upon conviction thereof, be 
 punished by a fine of not more than $10,000 or by imprisonment for 
 not more than five years, or both. 
 
 Sec. 5. If two or more persons conspire to violate the provisions 
 of sections two or three of this title, and one or more of such persons 
 does any act to effect the object of the conspiracy , each of the parties 
 to such conspiracy shall be punished as in said sections provided in 
 the case of the doing of the act the accomplishment of which is the 
 object of such conspiracy. Except as ahove provided conspiracies 
 to commit offenses under this title shall be punished as provided by 
 section thirty-seven of the Act to codify, revise, and amend the 
 penal laws of the United States approved March fourth, nineteen 
 hundred and nine. 
 
 Sec. 6. Whoever harbors or conceals any person who he knows, or 
 has reasonahle grounds to believe or suspect, has committed, or is 
 about to commit, an offense under this title shall be punished by a 
 fine of not more than $10,000 or by imprisonment for not more than 
 two years, or both. 
 
4 ESPIONAGE BILL. 
 
 Sec. 7. The President in time of xoar or in case of national emer- 
 gency may hy proclcnnation designate any place ' other than those 
 set forth in subsection (a) of section one hereof in which anything 
 for the use of the Army or Navy is being prepared or constructed or 
 stored as a pi^ohihited place for the purposes of this title : Provided., 
 That he shall determine that information %uith respect thereto would 
 be prejudicial to the national defense. 
 
 Sec. 8. Nothing contained in this title shcill be deemed to limit 
 the jurisdiction of the general courts-martial., military commissionSy 
 or navcd courts-martial under sections thirteen hundred and forty- 
 txDO., thirteen hundred and forty-three^ and sixteen hundred and 
 twenty -four of the Revised Statutes as amended. 
 
 Sec. 9. The provisions of this title shall extend to all territories, 
 ■possessions, and places subject to the jurisdiction of the United 
 States lohether or not contiguous thereto, and offenses under this title 
 lohen committed upon the high seas or elsewhere loithin the ad- 
 miralty and maritime jurisdiction of the United States and outside 
 the territorial limits thereof shall be punishable hereunder. 
 
 Sec. 10. The Act entitled ^'■An Act to prevent the disclosure of 
 national-defense secrets^'' approved March third, nineteen hundred 
 and eleven, is hereby repealed. 
 
 Title II. 
 
 Vessels in ports of the United States. 
 
 Section 1. Whenever the President by proclamation or Executive 
 order declares a national emergency to exist by reason of axtual or 
 threatened war, insurrection, or invasion, or disturbance or threat- 
 ened disturbance of the international relations of the United States, 
 the Secretary of the Treasury may make, subject to the approval of 
 the President, rules and regulations governing the anchorage and 
 movement of any vessel, foreign or domestic, in the territorial waters 
 of the United States, may inspect such vessel at any time, place 
 guards thereon, and, if necessary in his opinion in order to secure 
 such vessels from damage or injury, or to prevent damage or injury 
 to any harbor or waters of the United States, or to secure the observ- 
 ance of the rights and obligations of the United States, may takCy 
 by and with the consent of the President, for such purposes, full pos- 
 session and control of such vessel and remove therefrom the officers 
 and crew thereof and all other persons not specially authorized by 
 him to go or remain on board thereof. 
 
 Within the territory and %oaters of the Canal Zone the Governor 
 of the Panama Canal, with the approval of the President, shall exer- 
 cise all the powers conferred by this section on the Secretary of the 
 Treasury. 
 
 Sec. 2. If any oioner, agent, master^ officer, or person in charge, or 
 any member of the crew of any such vessel fails to comply xoith any 
 regulation or rule issued or order given by the Secretary of the 
 Treasury or the Governor of the Panama Canal under the provisions 
 of this title, or obstructs or interferes with the exercise of any power 
 conferred by this title, the vessel, together xoith her tackle, apparel, 
 furniture, and equipment, shall be subject to seizure and forfeiture to 
 the United States in the same manner as merchandise is forfeited for 
 
ESPIOISrAGE BILL, 5 
 
 violation of the customs revenue laws; and the person guilty of such 
 failure^ obstruction^ or interference shall he paed not more than 
 $10^000, or imprisoned not more than tioo years, or hoth. 
 
 Sec. 3. It shall he unlawful for the owner or master or any other 
 person in charge or command of any private vessel, foreign or do- 
 mestic, or for any memher of the creio or other person, within the 
 territorial luaters of the United States, willfully to cause or permit 
 the destruction or injury of such vessel or knowingly to permit said 
 vessel to he used as a place of resort for any person conspiring with 
 o.nother or preparing to commit any offense against the United 
 States, or in violation of the treaties of the United States or of the 
 ohligations of the United States under the law of nations, or to de- 
 fraud the United States, or hnowingl/y to permit such vessels to he 
 used in violation of the rights and ohligations of the United States 
 under the lata of nations,- and in case such vessel shall he so used, with 
 the hnowledge of the oivner or master or other person in charge or 
 command thereof, the vessel, together ivith her tackle, apparel, furni- 
 ture, and equipment, shall he suhject to seizure and forfeiture to the 
 United States in the same manner as merchamdise is forfeited for 
 violation of the customs revenue laios; and whoever violates this sec- 
 tion shall he fined not more than $10,000 or imprisoned not more than 
 two years, or hoth. 
 
 Sec. Jf.. The President may er)iploy such part of the land or naval 
 forces of the United States as he may deem necessary to carry out 
 the purpose of this title. 
 
 Title III. 
 
 Injuring vessels engaged in foreign commerce. 
 
 Section 1. Whoever shall set fire to any vessel of foreign registry, 
 or any vessel of American registry entitled to engage in commerce 
 with foreign nations, or to any vessel of the United States as defined 
 in section three hundred and ten of the Act of March fourth, nineteen 
 hundred aoxd nine, entitled '•'•An Act to codify, revise, and amend the 
 penal laws of the United States,^'' or to the cargo of the sairhe, or 
 shall tamper with the motive power or instrumentalities of naviga- 
 tion of such vessel, or shall place homhs or explosives in or upon such 
 vessel, or shall do any other act to or upon such vessel ivhile tvithin 
 the jurisdiction of the United States, or, if such vessel is of American 
 registry, lohile she is on the high sea, with intent to injure or en- 
 danger the safety of the vessel or of her cargo, or of persons on hoard, 
 xohether the injury or danger is so intended to take place loithin the 
 jurisdiction of the United States, or after the vessel shall have 
 departed therefrom; or whoever shall attempt or conspire to do any 
 such acts loith such intent, shall he fined not more than $10,000 or 
 imprisoned not more than twenty years, or hoth. 
 
 Title IT. 
 
 Interference xoith foreign commerce hy violent means. 
 
 Section 1. Whoever, when the United States is at war, shall will- 
 fully prevent, interfere wfth, or ohstruct or attempt to prevent, 
 interfere with, or ohst^mct the exportation to foreign countries of 
 
6 ESPIONAGE BILL. 
 
 articles from the United States hy injuring or destroying, ly fire 
 or explosives, such articles or the places where they may he while 
 in such foreign commerce, shall he fined not more than $10,000, or 
 imjJrisoned not m^ore than ten years, or hoth. 
 
 Title V. , 
 
 Enforcement of neutrality. 
 
 Section 1. During a icar in tohich the United States is a neutral 
 nation, the President, or any person thereunto authorized hy him, 
 may luithhold clearance from or to any vessel, domestic or foreign, 
 which is required hy law to secure clearance hefore departing from 
 port or from the jurisdiction of the United States, or, hy service of 
 formal notice upon the oivner, master, or person in command or 
 having charge of any domestic vessel not required hy law to secure 
 clearances hefore so departing, to forhid its departure from port or 
 from the jurisdiction of the United States, whenever there is reason- 
 ahle cause to helieve that any such vessel, domestic or foreign, 
 whether requiring clearance or not, is about to carry fuel, arms, 
 ammunition, men, supplies, dispatches, or information to any xoar- 
 ship, tender, or supply ship of a foreign helligerent nation in viola- 
 tion of the laivs, treaties^ or ohligations of the United States umder 
 the law of nations; and it shall thereupon he unlawful for such 
 vessel to depart. 
 
 Sec. 2. During a war in which the United States is a neutral na- 
 tion, the President, or any person thereunto authorized hy him, may 
 detain any armed vessel owned wholly or in part hy Amercan citi- 
 zens, or any vessel, domestic or foreign {other them one tvhich has 
 entered the ports of the United States as a puhlic vessel), which is 
 manifestly huilt for warlike purposes or has heen converted or 
 adapted from a private vessel to one suitahle for warlike use, until 
 the owner or master, m^ person having charge of such vessel, shall 
 furnish proof satisfactory to the President, or to the person duly 
 authorized hy him., that the vessel will not he employed hy the said 
 owners, or master, or person having charge thereof, to crmse against 
 or commit or attempt to commit hostilities upon the suhj^cts, citi- 
 zens, or property of any foreign prince or state, or of any colony, 
 district., or people with tohich the United States is at peace, and that 
 the said vessel will not he sold or delivered to any helligerent nation, 
 or to an agent, officer, or citizen of such nation, hy them or any of 
 them, within the jurisdiction of the United States, or, having left 
 that jurisdiction, upon the high seas. 
 
 Sec. 3. During a wiar in lohich the United States is -i 7ieutral na- 
 tion, it shall he unlawful to send out of the jurisdiction of the United 
 States any vessel huilt, armed, or equipped as a vessel of war, or con- 
 verted from a private vessel into a. vessel of war, loith any intent or 
 under any agreement or contract, written or oral, that such vessel 
 shall he delivered to a helligerent nation, or to an agent, officer, or 
 citizen of such nation, or with reasonahle cause to helieve that the 
 said vessel shall or will he employed in the service of any such hellig- 
 erent nation after its departure from the jurisdiction of the United 
 States. 
 
ESPIONAGE BILL. 
 
 . ^^'^': ^- ^^]fl^iJ « '''^"" '^n ichlcJi the Umted mates is a neutral na- 
 tion, in addition to the facts required hy sections forty-one hundred 
 and mnety -seven, forty-one hundred and ninety-eight, and forty -two 
 hundred of the^ Revised Statutes to he set out in the masters' and ship- 
 pers^ manifests he fore clearance ivill he issued to vessels hound to 
 foreign ports, each of which sections of the Revised Statutes is herehy 
 declared to he and is continued in full force and effect, every master 
 or person having charge or command of any vessel, domestic or 
 foreign, whether requiring clearance or twt. he fore departure of such 
 vessel from port shall deliver to the collector of customs for the dis- 
 trict toherein such vessel is then located a statement duly verified 
 hy oath, that the cargo or any part of the cargo is or is not to he de- 
 livered to other vessels in port or to he transshipped on the high seas 
 and, %f it is to he so delivered or transshipped, stating the kind and 
 quantities and the value of the total quantity of each kind of article 
 so to he delivered or transshipped, and the name of the person, cor- 
 poration, vessel, or government, to whom the delivery or transship- 
 ment is to he made; and the owners, shippers, or consignors of the 
 cargo^ of such vessel shall in the same man/ner and wnder the same 
 conditiom deliver to the collector like statements under oath as to the 
 cargo or the parts thereof laden or shipped hy them, respectively. 
 
 Se-c. 5. Whenever it appears thcct the vessel is not entitled to clear- 
 ance or tohenever there is reasonable came to helieve that the addi- 
 tional statements under oath required in the foregoing section are 
 false, the collector of customs for the district in which the vessel i^ 
 located may, suhject to review hy the Secretary of Commerce, refuse 
 clearance to any vessel, domestic or foreign, and hy formal notice 
 served upon the oivners, master, or person or persons in command 
 or charge of any domestic vessel fw- which clearance is not required 
 hy law, forhid the departure of the vessel from the port or from the 
 jurisdiction of the United States; and it shall thereupon he unlawful 
 foi" the vessel to depart. 
 
 Sec. 6. Whoever, in violation of any of the provisions of this title, 
 shedl take, or attempt or conspire to take, or cmthoHze the taking of 
 any such vessel, out of port or from the jurisdiction of the United 
 States, shall he fined not more than $10,000 or imprisoned not more 
 than five years, or hoth; and, in addition, such vessel, her tackle, 
 apparel, furniture, equipment, and her cargo shall he forfeited to 
 tJie United States. 
 
 Sec. 7. Whoever, heing a person helonging to the armed land or 
 naval forces of a helligerent nation or helligerent faction of any 
 nation and heing interned in the United States, in accordance with 
 the law of nations, shcdl leave or attempt to leave said jurisdiction, 
 or shall leave or cvttempt to leave the limits of internment in which 
 freedom of movement has heen allowed, without permission from 
 the proper official of the United States in charge, or shall toillfully 
 overstay a leave of ahsence granted hy such official, shall he suhject 
 to ari'est hy any marshal or deputy marshal of the United States, 
 or hy the military or ixacval authorities thereof, and shall he returned 
 to the place of internment and there confined and safely kept for such 
 period of time as the official of the United States in charge shall 
 direct; and whoever, within the jurisdiction of the United States and 
 suhject thereto, shall aid or entice any interned person to escape 
 or attempt to escape from the jurisdiction of the United States, or 
 
8 ESPIOiN^AGE BILL. 
 
 from the limits of internTnent prescribed^ shall he fined not mm^e 
 than $1,000 or imprisoned not more than one year, or both. 
 
 Sec. 8. Section thirteen of the Act entitled ^'■An Act to codify^ 
 revise^ and amend the penal laws of the United States,'' approved 
 March fourth, nineteen hundred and nine, is hereby amended so as 
 to read as follows: 
 
 '■'■Sec. 13. Whoever, within the territory or jurisdiction of the 
 United States or of any of its possessions, knowingly begins or sets 
 on foot or provides or prepares a means for or furnishes the money 
 for, or who takes part in, any military or naval expedition or enter- 
 prise to be carried on from thence against the territory or dominion 
 of any foreign prince or state, or of any colony, district, or people 
 with whom the United States is at peace, shall be fined not more than 
 $3,000 or imprisoned not more than three years, or both.'''' 
 
 Sec. 9. That the President may employ such part of the land or 
 naval forces of the United States as he may deem necessary to carry 
 out the purposes of this title. 
 
 Sec. 10. Section, fifteen of the Act entitled ^^An Act to codify, re- 
 vise, and amend the penal laws of the United States,^'' approved 
 March fourth, nineteen hundred and nine, is hereby am,ended so as 
 to read as follows: 
 
 " Sec. 15. It shall be laioful for the President to employ such part 
 of the land or naval 'forces of the United States, or of the tnilitia 
 thereof, as he may deem necessary 'to compel any foreign vessel to 
 depart from the United States or any of its possessions in all cases 
 in which, by the law of nations or the treaties of the United States, 
 it ought not to remain, and to detain or prevent any foreign vessel 
 from so departing in all cases in which, by the law of nations or 
 the treaties of the United States, it is not entitled to depart.''^ 
 
 Sec. 11. The joint resolution approved March fourth, nineteen hun- 
 dred and fifteen, " To empower the President to better enforce and, 
 maintain the neutrality of the United States ^^ and any Act or parts 
 of Acts in conflict with the jyrovisions of this title are hereby re- 
 pealed. 
 
 Title VI. 
 
 Seizure of arms and other articles intended for export. 
 
 Section 1. Whenever an attempt is made to export or ship from 
 or take out of the United States, any arms or munitions of toar, or 
 other articles, in violatio7h of law, or whenever there shall be known 
 or probahle cause to believe that any such arms or munitions of war, 
 or other articles, are being or are intended to be exported, or shipped 
 from, or taken out of tlie United States, in violation of law, the 
 several collectors, naval officers, surveyors. Inspectors of customs, 
 and marshals, and depxity marshals of the United States, and every 
 other person duly authorized foi" the purpose by the President, may 
 seize and detain any articles or munitions of war about to be exported 
 or shipped from, or taken out of the United States, in violation of 
 law, and the vessels or vehicles containing the same, and retain pos- 
 session thereof until released or disposed of as hereinafter directed. 
 If upon due inquiry as hereinafter provided, the property seized 
 shall appear to have been about to be so unlawfully exported, shipped 
 from, or taken out of the United States, the same shall be forfeited 
 to the United States. 
 
ESPIO-NAGE BI1.L. 9 
 
 Sec. 2. It shall he the duty of the i^erson making any seizure under 
 this title to apjyly, ivith due diligence, to the judge of the district 
 court of the United States, or to the judge of the United States dis- 
 trict court of the Canal Zone, or to the judge of a court of first 
 instance in the Philippine Islands, having jurisdiction over the place 
 toithin which the seizure is made, for a warrant to justify the further 
 detention of the property so seized, which tuarrant shall he granted 
 only on oath^ or affirmation shoroing that there is known or ^prohahle 
 cause to helieve that the property seized is heing or is intended to 
 he exported or shipped from or taken out of the United States in 
 violation of law ; and if the judge refuses to issue the warrant, or 
 ■application therefor is not 7nade hy the person making the seizure 
 within a reasonahle time, not exceeding ten days after the seizure, 
 the property shall forthivith he restored to the owner or person from 
 whom seized. If the judge is satisfied that the seizure toas justified 
 under the provisions of this title and issues his warrant accordingly, 
 then the property shall he detained hy the person seizing it until the 
 President, who is herehy expressly authorized so to do, orders it to he 
 restored to the owner or claimant, or wntil it is discharged in due 
 course of law on petition of the claimant, or on trial of condemnation 
 proceedings, as hereinafter provided. 
 
 ^ Sec. 3. The owner or claimant of any property seized under this 
 title ^ may, at any time hefore condemnation proceedings have heen 
 instituted, as hereinafter provided, fie his petition for its restora- 
 tion in the district court of the United States, or the district court 
 of the Canal Zone, or the court of first instajice in the Philippine 
 Islands, having jurisdiction over the place in which the seizure loas 
 made, tohereupon the court shall advance the cause for hearing and 
 determination with all possihle dispatch, and, after causing notice 
 to he given to the United States attorney for the district and to 
 the person making the seizure, shall proceed to hear and decide 
 tohether the property seized shall he restored to the petitioner or 
 forfeited to the United States. 
 
 Sec. If.. Wthenever the person making any seizure under this title 
 applies for and ohtains a warrant for the detention of the property, 
 and (a) upon the hearing and determination of the petition of the 
 owner or claimant restoration is denied, or {h) the oivner or claimant 
 fails to file a petition for restoration within thirty days after the 
 seizure, the United States attorney for the district wherein it was 
 seized, upon direction of the Attorney General, shall institute lihel 
 proceedings in the United States disti^ict court or the district court 
 of the Canal Zone or the court of first instance of the Philippine- 
 Islands having jurisdiction over the place wherein the seizure was 
 made, against the property for condemnation; and if, after trial 
 and hearing of the issues involved, the property is condemned, it 
 shall he disposed of hy sale, and the proceeds thereof, less the legal 
 costs and charges, paid into the Treasury. 
 
 Sec. 5. The proceedings in such summary trials upon the petition 
 of the owner or claimant of the jyroperty seized, as well as in the 
 lihel cases herein provided for, shall conform, as near as may he, to 
 the proceedings i7i admiralty, except that either pjarty may demand 
 trial hy jury of any issue of fact joined in such lihel cases, and all 
 such proceedings shall he at the suit of and in the name of the United 
 States: Provided, That upon the payment of the costs and legal 
 
10 ESPIONAGE BILL. 
 
 expenses of hoth the summary trials and the libel proceedings herein 
 provided for, and the execution and, delivery of a good and sufficient 
 bond in an amount double the value of the property seized, con- 
 ditioned that it toill not be exported or used or employed contrary 
 to the provisions of this title, the court, in its discretion, may direct 
 that it be delia^ered to the otoners thereof or to the clainmnts thereof. 
 
 ^ec. 6. Except in those cases in which the exportation of arms and 
 munitions of loar or other articles is forbidden by proclanfiation or 
 otherivise by the President, as provided in section one of this title^ 
 nothing herein contained shall be construed to extend to, or interfere 
 with any trade in such commodities, conducted loith any foreign port 
 or place toheresoever, or toith any other trade lohich might have been 
 lawfully carried on before the passage of this title, under the law of 
 nations, or under the treaties or conventions entered into by tJie 
 United States, or under the laws thereof. 
 
 Sec. 7. Upon payment of the costs and legal expenses incurrd. in 
 any such summary trial for possession or libel proceedings, the Presi- 
 dent is hereby authorized, in his discretion, to order the release and 
 restoration to the owner or claimant, as the case mmj be, of any 
 property seized or condemned under the provisions of this title. 
 
 Sec. 8. The President may enbploy such part of the land or naval 
 forces of the United States as he may deem necessary to carry out the 
 purposes of this title. 
 
 Title VII. 
 Certain exports in time of loar unlawful. 
 
 Section 1. Whenever during the present war the President shall 
 find that the puhlic safety shall so require, and shall mahe proclaina- 
 tion thereof, it shall be unlawful to export from or ship from or take 
 out of the United States to any country named in such proclamation 
 any article or articles m^entioned in such proclamation, except at such 
 time or times, and under such regulations and orders, and subject to 
 such limitations and exceptions as the President shcdl prescribe, until 
 otherwise ordered by the President or by Congress: Provided, how- 
 ever, That no preference shall be given to the ports of one State over 
 those of another. 
 
 Sec. '2. Any person 'who shall export^ ship, or take out, or deliver 
 or attempt to deliver for export, shipment, or taking out, any article 
 in violation of this title, or of any regulation or order made here- 
 under, shall be fined not more than $10,000, or, if a natural person, 
 imprisoned for not more than ttvo years, or both; and any article so 
 delivered or exported, shipped, or taken out, or so attempted to be 
 delivered or exported, shipped, or taken oiit, shall be seized and, for- 
 feited to the United States,' and any officer, director, or agent of a 
 corporation wlw participates in any such violation shall be liable to 
 like fine or imprisonment, or both. 
 
 Sec. 3. Whenever there is reasonable cause to believe that any 
 vessel, domestic or foreign, is about to carry out of the United States 
 any article or articles in violation of the provisions of this title, the 
 collector of customs for the district in which such vessel is located 
 is hereby authorized and empowered, subject to revieio by the Sec- 
 retary of Commerce, to refuse clearance to any such vessel^ domestic 
 or foreign, for which clearance is required by law, and by formal 
 
ESPIONAGE BILL. H 
 
 notice served upon the oioners, master, or person or persons in com- 
 mand or charge of any domestic vessel for lohich clearance is not 
 required hy law, to forhid the departure of such vessel from the 
 port, and it shall thereupon he unlcvwful for such vessel to depart. 
 Whoever, in violation of any of the provisions of this section shall 
 take, or attempt to take, or authorize the taking of any such vessel, 
 out of port or from the jurisdiction of the United States, shall be 
 fined not more than $10,000 or impi'isoned not more than two years, 
 or both; and, in addition, such vessel, her tackle, apparel, furniture, 
 equipment, and her forbidden cargo shall be forfeited to the Unitecl 
 States. 
 
 Title Tin. 
 
 Disturbance of foreign relations. 
 
 Section 1. ^Whoever, in relation to any dispute or controversy be- 
 tween a foreign government and the United States, shcdl willfully 
 and knowingly make any untrue statement, either orally or in writ- 
 ing, under oath before any person authorized and empowered to ad- 
 minister oojths, which the affiant has knowledge or reason to believe 
 will, or may be used to influence the measures or conduct of any for- 
 eign government, or of any officer or agent of any foreign govern- 
 m^ent, to the injury of the United States, or with a view or intent 
 to influence any ineasure of or action by the Government of the 
 United States, or any branch thereof, to the injury of the United 
 States, shall be fined not more than $6,000 or imprisoned not ^nore 
 than five years, or both. 
 
 Sec. B. Whoever toithin the ju7-isdiction of the United^ States shall 
 falsely assume or pretend to be a diplomatic or consular, or other 
 official of a foreign government d,uly accredited as such to the Gov- 
 er^iment of the United States with intent to defraud such foreign 
 government or any person, and shall take upon himself to act as such, 
 or in such pretended character shcdl demand or obtain, or attempt 
 to obtain from any person or from said foreign government, or frotn 
 any officer thereof, any money, paper, document, or other thing of 
 value, shall be fi,ned not more than $5,000, or imprisoned not more 
 than five years, or both. 
 
 Sec. 3. Whoever, other than a diplomatic or consular officer or 
 attache, shall act in the United States as an agent of a foreign govern- 
 fnent without prior notification to the Secretary of State shall be fined 
 not more than $5,000, or imprisoned not more than five years, otS 
 both. 
 
 Sec. If. The tvords " foreign government^'' as used in this Act and 
 in sections one hundred and fifty-six, one hundred and fifty -seven, 
 one hundred and sixty -one, one hundred and seventy, one hundred 
 and seventy-one, one hundred and seventy-two, one hundred and 
 seventy-three, and two hundred and twe7ity of the Act of March 
 fourth, nineteen hundred and nine, entitled " An Act to codify, revise, 
 and amend the penal laios of the United States,''^^ shall be deemed to 
 include any government, faction, or body of insurgents ivithin a 
 country with which the United States is at peace, which government, 
 faction, or body of insurgents may or may not have been recognized 
 by the United States as a government. 
 
12 espiojStage bill. 
 
 Sec. 5. If two or more persons within the jurisdiction of the United 
 States conspire to injure or destroy specific property situated within 
 a foreign country and belonging to a foreign government or to any 
 political subdivision thereof %oith which the United States is at 
 peace., or any railroad., canal., bridge., or other public utility so situ- 
 ated^ and if one or more of such persons commits an act within the 
 jurisdiction of the United States to effect the object of the conspiracy ., 
 each of the parties to the conspiracy shall be fined not Tnore than 
 $5,000., or imprisoned not m,ore than three years., or both. Any in- 
 dictment or information under this section shall describe the specific 
 jjroperty which it was the object of the conspiracy to injure or destroy. 
 
 Title IX. 
 
 Passports. 
 
 Section 1. Before a passport is issued to any person by or under 
 authority of the United States such person shall subscribe to and sub- 
 mit a written application duly verified by his oath before a person 
 authorized and empowered to administer oaths., which said applica- 
 tion shall contain a true recital of each and every matter of fact 
 which may be required by laio or by any rules authorized by lata to 
 be stated as a prerequisite to the issuance of any such passport. 
 Clerks of United States courts., argents of the Department of State., 
 or other Federal officials authorized., or toho rnay be oMthorized., to 
 take passport applications and administer oaths thereon, shall col- 
 lect, for all services in connection therewith, a fee of $1, and no more, 
 in lieu of all fees prescribed by any statute of the United States, 
 whether the application is executed singly, in duplicate, or in trip- 
 licate. 
 
 Sec. 2. Whoever shall willfully and knowingly make any false 
 statement in an application for passport xoith intent to induce or 
 secure the issuance of a passport under the authority of the United 
 States, either for his own use or the use of another, contrary to the 
 laws regulating the issuance of passports or the rules prescribed 
 'pursuant to such laws, or tohoever shall toillfully and knowingly 
 use or attempt to use, or furnish to another for use, any passport 
 the issue of which was secured in any way by reason of any false 
 statement, shall be fined not more than $2,000 or imprisoned not 
 more than five years, or both. 
 
 Sec. 3. Whoever shall willfully and, knowingly use, or attempt to 
 use, any passport issued or designed for the use of another than 
 himself, or whoever shall toillfully and knowingly use or attempt to 
 use any passport in violation of the conditions or restrictions there- 
 in contained, or of the rules prescribed pursuant to the laws regulat- 
 ing the issuance of passports, lohich said rules shall be printed on 
 the passport; or lohoever shall willfully and knowingly furnish, dis- 
 pose of, or deliver a passport to any person, for use by another than 
 the person for tohose use it was originally issued and designed, shall 
 be -fined not more than $2,000 or imprisoned not more than five years, 
 or both. 
 
 Sec. If. Whoever shall falsely make, forge, counterfeit, mutilate, 
 or alter, or cause or procure to be falsely made, forged, counterfeited, 
 mutilated, or altered any passport or instrument purporting to be a 
 
ESPIONAGE BILL. 13 
 
 'passport, with intent to use the same, or loith intent that the same 
 may he used hy another,- or whoever shall willfully and knoioingly 
 use, or attempt to use, or furnish to another for use any such false, 
 forged, counterfeited, mutilated, or altered passport or instrument 
 purporting to he a passport, or any passport validly issued which 
 has^ become void hy the occurrence of any condition therein pre- 
 scrihed invalidating the same, shall he fined not more than $2,000 or 
 imprisoned not more than -five years, or hoth. 
 
 Title X. 
 
 Counterfeiting Government seal. 
 
 Section 1. Whoever shall fraudulently or wrongfully affix or im- 
 press^ the seal of any executive department, or of amy hureau, com- 
 mission, or office of _ the United States, to or upon any certificate, in- 
 strument, commission, document, or paper of any description; or 
 whoever, with knowledge] of its fraudulent character, shall with 
 wrongful or fraudulent intent use, huy, procure, sell, or transfer to 
 another any such certificate, instrument, commission, document, or 
 paper, to which or upon whieh said seal has heen so fraudulently 
 affixed or impressed, shall he fined not more than $5,000 or imprisoned 
 not more than five years, or hoth. 
 
 Sec. 2. Whoever shall falsely make, forge, counterfeit, mutilate, 
 or alter, or cause or procure to he made, forged, counterfeited, 
 mutilated, or altered, or shall loillingly assist in falsely making, 
 forging, counterfeiting, mutilating, or altering, the seal of any 
 executive department, or any hureau, commission, or office of the 
 United States, or whoever shall knoioingly use, affix, or impress any 
 such fraudulently made, forged, counterfeited, mutilated, or altered 
 seal to or upon any certificate, instrument, commission, document, or 
 paper, of any description, or whoever wUh wrongful or fraudulent 
 intent shall have possession of any such falsely made, forged, counter- 
 feited, mutilated, or altered seal, knowing the same to have heen so 
 falsely made, forged, counterfeited, mutilated, or altered, shall he 
 fined not more than $5,000 or imprisoned not more than ten yearsy 
 or hoth. 
 
 Title XI. 
 Search warrants. 
 
 Section 1. A search warrant authorized hy this title may he issued 
 hy a judge of a United States district court, or hy a judge of a State 
 or Territorial court of record, or hy a United States commission-er 
 for the district wherein the property sought is located. 
 
 Sec. %. A search loarrant may he issued under this title upon either 
 of the following grounds: 
 
 1. When the property was stolen or emhezzled in violation of a 
 laio of the United States; in which case it may he taken on the toar- 
 rant from any house or other place in which it is concealed, or from 
 the possession of the person hy vohom it loas stolen or embezzled., or 
 from any person in whose possession it may he. 
 
 2. When the property was used as the means of committing a 
 felony; in lohich case it may he taken on the warrant from any house 
 
14 ESPlOISrAGE BILL. 
 
 or other -place in which it is concealed^ or from the possession of the 
 person hy xohom it loas used in the commission of the offense^ or from 
 any person in whose possession it may he. 
 
 3. When the property^ or any paper., is possessed, controlled, or 
 used in violation of section twenty-two of this title; in xohich case it 
 may he taken on the warrant from the person violating said section, 
 or from any person in whose possession it may he, or from any 
 house or other place in which it is concealed. 
 
 Sec. 3. A search warrant can not he issued hut upon prohable cause, 
 supported hy affidavit, naming w descrihing the person and partic- 
 ularly descrihing the property and the jjlace to he searched. 
 
 Sec. 4- The judge or comniissioner must, hefore issuing the war- 
 rant, examine on oath the cotnplainant and any loitness he unay pro- 
 duce, and require their affidavits or take their depositions in writing 
 and cause th&m to he suhscrihed hy the parties makimg them. 
 
 Sec. 6. The affidavits or depositions 7nust set forth the facts tend- 
 ing to establish the grounds of the application or prohable cause for 
 helieving that they exist. 
 
 Sec. 6. If the judge' or commissioner is thereupon satisfied of the 
 existence of the grounds of the application or that there is prohable 
 cause to helieve their existence, he must issue a search waiTant, signed 
 hy him with his name of office, to a civil officer of the United States 
 duly authorized to enforce or assist in enforcing any law thereof, or 
 to a person so duly authorised hy the President of the United States, 
 stating the particular grounds or prohable cause for its issue and the 
 names of the persons whose affidavits have: heen taken in support 
 thereof, and commaiuling him forthtoith to search the pei'son or 
 place named, for the property specified, and to hring it hefore the 
 judge or co7nmissioner. 
 
 Sec. 7. A search warrant may in all cases he served hy any of the 
 officers mentioned in its direction, hut hy no other person, except in 
 aid of the officer on his requiring it, he heing present and acting in 
 its execution. 
 
 Sec. 8. The officer may hreak open any outer or inner door w 
 window of a house, or any part of a house, or anything therein, to 
 execute the warrant, if, after notice of his authority and purpose, he 
 is refused admittance. 
 
 Sec. 9. He may hreak open any outer ot* inner door or window 
 of a house, for the purpose of liberating a person %vho, having entered 
 to aid him in the execution of the tmrrant, is detained tJierein, or 
 when necessary for his oivn liberation. 
 
 Sec. 10. The judge or commissioner must insert a direction in the 
 warrant that it he served in the daytime, unless the affidavits are 
 positive that the property is on the person or in the place to he 
 searched, in tvhich case he may insert a direction that it he served at 
 any time of the day or night. 
 
 Sec. 11. A search warrant must he executed and returned to the 
 judge or commissioner who issued it within ten days after its date; 
 after the expiration of this time the warrant, unless executed, is void. 
 
 Sec. 12. When the officer takes property under the warrant, he 
 must give a copy of the warrant together loith a receipt for the prop- 
 erty taken {specifying it in detail) to the person from tvhom it was 
 taken hy him, or in whose possession it was found; or, in the ahsenee 
 
ESPIONAGE BILL. 15 
 
 of any person^ he must leave it in the flace where he found the 
 property. 
 
 Sec. 13. The offix-er must forthwith return the warrant to the judge 
 or commissioner and' deliver to hi7n a written inventory of the prop- 
 erty taken, made publicly or in the presence of the person from whose 
 possession it loas taken, and of the applicant for the warrant., if they 
 are present, verified by the affidavit of the officer at the foot of the 
 inventory and taken before the judge or commissioner at the time, to 
 the following effect: " /, R. S., the officer by whom this warrant loas 
 executed, do swear that the above inventory contains a true and 
 detailed account of all the property taken by me on the warrant.'''' 
 
 Sec. llf.. The judge or commissioner must thereupon, if required, 
 deliver a copy of the inventory to the person from whose possession 
 the property ukls taken and to the applicant for the warrant. 
 
 Sec. 15. If the grounds on which the warrant was issued be con- 
 troverted, the jud^ge or comtnissioner must proceed to take testimony 
 in relation thereto, and the testimony of each toitness must be reduced 
 to ivriting and subscribed by each witness. 
 
 Sec. 16. If it appears that the property or paper taken is not the 
 
 same as that described in the warrant or that there is no probable 
 
 cause for believing the existence of the grounds on which the warrant 
 
 .%joas issued, the judge or com^nissioner must cause it to be restored. 
 
 .^io the person from whom it was taken; but if it appears that the 
 
 'i property or paper taken is the same as that described in the loarrant 
 
 and that there is probable cause for believing the existence of the 
 
 grounds on which the warrant loas issued, then the judge or con- 
 
 missioner shall order the same retained in the custody of the person 
 
 seizing it or to be otherwise disposed of according to law. 
 
 Sec. 17. The judge or commissioner must annex the affidavits, 
 
 : search warrant, return, inventory, and evidence, and if he has not 
 
 ' poxver to inquire into the offense in respect to which the loarrant xvas 
 
 issued he must at once file the same, together icith a copy of the 
 
 record of his proceedings, vnth the clerk of the court hav'mg power 
 
 to so inquire. 
 
 Sec. 18. Whoever shall knowingly and loillfully obstruct, resist, 
 or oppose any such officer or person in serving or attempting to serve 
 or execute any such search ivarrant, or shall assault, beat, or wound 
 any such officer or person, knowing him to be an offi^cer or person so 
 authorised, shall be fined not more than $1,000 or imprisoned not 
 more than ttvo years. 
 
 Sec. 19. Sections one hundred and twenty-five and one hundred 
 and twenty-six of the Crimiiial Code of the United States shall 
 apply to and embrace all persons making oath or affirmation or pro- 
 curing the same under the provisions of this title, and such persons 
 shall be subject to all the pains and penalties of said sections. 
 
 Sec. W. A person who maliciously and without probahle cause 
 procures a search warrant to be issued and executed shall be fined 
 not more than $1,000 or imprisoned not more than one year. 
 
 Sec. ^1. An officer who in executing a search warrant willfully 
 exceeds his authority, or exercises it tvith unnecessary severity, shall 
 be fined not more than $1,000 or imprisoned not 7nore than one year. 
 
 Sec. 22. Whoever, in aid of any foreign government, shall know- 
 ingly and willfully have possession of or control over any property 
 
16 ESPIONAGE BILL. 
 
 or paj)e7's designed or intended for use or luMch is used as the means 
 of violating any penal statute, or any of the rights or obligations of 
 the United States under any treaty or the law of nations, shall he 
 fined not more than $1,000 or imprisoned not more than tivo years, 
 or both. 
 
 Sec. 23. Nothing contained in this title shall be held to repeal or 
 impair any existing provisions of law regulating search and the issue 
 of search toarrants. 
 
 Title XII. 
 Use of mails. 
 
 Section 1. Every letter, writing, circular, postal card, picture, print, 
 engraving , photograph, newspaper, pamphlet, hook, or other publi- 
 cation, matter, or thing, of any kind, in violation of any of the 
 p7'0 visions of this Act, or intended or calculated to induce, promote, 
 or further any of the acts or things by any provision of this Act 
 declared unlawful, is hereby declared to be nonmailable matter and 
 shall not be conveyed in the mails or delivered from any .post office 
 or by any letter carrier :. Provided, That nothing in this Act shall 
 be so construed as to authorise any person other than an employee 
 of the Dead Letter Office, duly authorized thereto, or other person 
 upon a search warrant authorized by laio, to open any letter not 
 addressed to himself. 
 
 Sec. 2. Every letter, tv?'iting, circular, postal card, picture, print, 
 engraving, photograph, netvspaper, pamphlet, book, or other publica- 
 tion, matter or thing, of any kind, containing any matter advocating 
 or urging treason, insurrection, or forcible resistance to any law of 
 the United States, is hereby declared to be nonmailable. 
 
 Sec. 3. Whoever shall use or attempt to use the mails or Postal 
 Service of the United States for the transmission of any matter de- 
 clared by this title to be nonmailable, shall be fined not more tlian 
 $5,000 or imprisoned' not m.ore than fi.ve years, or both. Any person 
 violating any provision of this title may be tried and punished either 
 in the district in which the u/nlawful 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 hy 
 mail to the person to whom it loas addressed. 
 
 Title XIII. 
 
 General provisions. 
 
 Section 1. The term "• United States " as used in this Act includes 
 the Canal Zone and all territory and waters, continental or insular, - 
 subject to the jurisdiction of the United States. 
 
 Sec. 2. The several courts of first instance in the Philippine Islands 
 and the district court of the Canal Zone shall have jurisdiction of 
 offenses under this Act comnvitted within their respective districts, 
 and concurrent jurisdictio7i with the district courts of the United 
 States of offenses under this Act committed upon the high seas, and 
 of conspiracies to commit such offenses, as defined by section thirty- 
 seven of the Act entitled '■'•An Act to codify, revise, and amend the 
 
ESPIONAGE BILL. 17 
 
 penal laws of the United States,'''' approved March fourth, nineteen 
 hwndred and nine, and the, provisions of said section, for the purpose 
 of this Act, are herehy extended to the Philippine Islands, and to the 
 Canal Zone. In such cases the distri,ct attorneys of the Philippine 
 Islands and, of the Canal Zone shall have the powers and perform the 
 duties provided in this Act for United States attorneys. 
 
 Sec. 3. Offenses committed and penalties, forfeitures, or liabilities 
 incurred prior to the taking effect hereof imder any law embraced 
 in or changed, modified, or repealed hy any chapter of this Act may 
 he prosecuted and punished, amd suits and proceedings for causes 
 arising or acts done or committed prior to the taking effect hereof 
 may he commenced and prosecuted, in the same manner and with t\he 
 same effect as if this Act had not been passed. 
 
 Sec. Jf. If any clause, sentence, paragraph, or part of this Act shall 
 for any reason be adjudged by any court of competent jurisdiction 
 to be invalid, such judgment shall not affect, impair, or invalidate 
 the remainder thereof but shall be confined in its operation to the 
 clause, sentence, paragraph, or part thereof directly involved in the, 
 controversy in lohich such judgment shall have been rendered. 
 And the Senate agree to the same. 
 
 Lee S. Overman, * 
 
 • Duncan U. Fletcher, 
 
 Knute Nelson, 
 Managers on the part of the Senate. , 
 E. Y. Webb, 
 C. C. Carlin, 
 A. J. Volstead, 
 Managers on the part of the House. 
 S. Doc. 37, 65-1 2 
 
 o 
 
LIBRARY OF CONGRESS 
 
 HHHiiif; 
 
 021 394 519 1 • 
 
LIBRARY OF CONGRESS, 
 
 021 394 519 1