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for failure to maintain working places in accordance with statutory specifications.

The employment of children may be forbidden under penalty. It is usual to regulate by statute to some degree working conditions in mines, factories and workshops.

§ 843. Regulation of professions and occupations.-Many professions and occupations require such a degree of skill in those practicing them, that the legislature may prescribe certain qualifications which one must have to follow them, usually ascertained by examination, and may punish those who follow these professions or occupations without license. The reason for this is to protect the public from incompetent persons following these callings. So it is well recognized that the practice of medicine, dentistry and pharmacy should be licensed by the state, in order to protect public health.

Locomotive and steamboat engineers, and captains of vessels are required to have licenses to show their competency. The practice of law may be regulated both on the ground of protecting the public, and because attorneys are officers of the court, and for that reason the practice of law is subject to regulation.

In most of the occupations in which license is required it is a misdemeanor to follow them without license.

The conducting of public markets, public warehouses, carriers and other kinds of businesses are regulated because of their public nature, and violations of these regulations are sometimes indictable.

§ 844. Other police regulations.—Vagrancy is punishable under some statutes. There are many regulations as to conduct of business, some of which render a violation indictable.

The use of false weights and measures may be punishable criminally, the taking of usury, the using of certain classes of vehicles on streets, peddling without license, driving vehicles at certain rates of speed, or without license. Many of such acts are punishable by municipal ordinances.

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§ 847. Subdivisions of crimes against sovereignty.Crimes against sovereignty are subdivided as follows: (1) Treason. (2) Misprision of treason. (3) Sedition.

§ 848. Treason.-Treason is the highest crime known to the law. It consists, as heretofore stated, in a criminal renunciation of one's allegiance to the sovereign power.1 This renunciation may consist in levying war against one's country, or in aiding or adhering to her enemies.

§ 849. Allegiance-Two grades.-The term allegiance is applicable both to citizens and to alien friends. That due

1 United States v. Werner, 247 Fed. 708. See also, ante, § 196 and

notes.

from the former, however, is more pronounced than that due from the latter. "Allegiance is of two kinds; that due from citizens, and that due from aliens resident within the United States. Every sojourner who enjoys our protection is bound to good faith toward our government, and although an alien, he may be guilty of treason by co-operation either with rebels or foreign enemies. The allegiance of aliens is local, and terminates when they leave our country. That of citizens is not so limited."2

§ 850. Levying war-Requisites.—Levying war includes two things. The offender must entertain a warlike intent, and he must perform an overt act which pertains to warlike operations. A mere conspiring to levy war is not a sufficient overt act to constitute treason. There must be an "act of war." But, at common law, a mere conspiring to compass the death or deposition of the sovereign is a sufficient act to constitute treason.*

§ 851. Adhering to enemies-Giving them aid and comfort-Requisites.-To constitute an adherence to the enemies of one's country there must be, on the part of the offender, an overt act; but written words may be sufficient. Thus, an intercepted document intended for an enemy may be adequate.5

Chief Justice Marshall says, "If war be actually levied, that is, if a body of men be actually assembled, for the purpose of effecting by force a treasonable purpose, all those who perform any part, however minute, or however remote from the scene of action, and who are actually leagued in the gen

2 23 Law Reporter 705, 7010. See also, United States v. Wiltberger, 5 Wheat. (U. S.) 76, 5 L. ed. 37.

3 Ex parte Bollman, 4 Cranch (U. S.) 75, 2 L. ed. 554; Reg. v. Frost, 9 Car. & P. 129.

41 Bish. New Crim. L., § 432; 2 Bish. New Crim. L., § 1231.

5 Rex v. Jackson, 1 Craw. & D. 149.

eral conspiracy, are to be considered as traitors." "What amounts to adhering to and giving aid and comfort to our enemies, it is somewhat difficult in all cases to define; but certain it is that furnishing them with arms, or munitions of war, vessels, or other means of transportation, or any materials which will aid the traitors in carrying out their traitorous purposes, with a knowledge that they are intended for such purposes, or inciting and encouraging others to engage in or aid the traitors in any way, does come within the provisions of the act. And it is immaterial whether such acts are induced by sympathy with the rebellion, hostility to the government, or a desire for gain."

§ 852. Misprision of treason.—Misprision of treason consists in possessing knowledge that treason has been committed and not making it known. In other words, it is the concealment of treason by being merely passive.R

It is the duty of every good citizen, who possesses knowledge that a treason has been committed, to inform a magistrate. The same duty exists where one has knowledge that a felony has been committed. Where a person stands by and sees a felony committed, and conceals it, he is guilty of a misprision.

§ 853. Sedition.-Sedition consists in verbal or written statements which tend to excite the public against the sovereign. In this country sedition is not recognized as a crime.

6 Ex parte Bollman, 4 Cranch (U. S.) 75, 2 L. ed. 554; United States v. Wursterbarth, 249 Fed. 908.

7 Charge of Judge Smalley to Grand Jury, 23 Law Reporter, 597, 601. See also Whart. Crim. L. (11th ed.), 2304 et seq.

8 United States Comp. Stat. (1916), § 10167; 1 East P. C. 139.

94 Bl. Comm. 119; 1 Bish. New Crim. L., § 720; 1 Russ. Crimes (9th Am. ed.), 79, 194. See also, Carpenter v. State, 62 Ark. 286, 36 S. W. 900; State v. Hildreth, 31 N. Car. 429, 51 Am. Dec. 369.

§ 854. Cancellation of certificate of naturalization-A certificate of naturalization issued to an alien may, under the Naturalization Act, under certain circumstances, be cancelled.10 In such proceeding, where the good faith of the respondent is highly questionable as to any of the essentials the burden is upon him to dispel the doubt.11 Where a state circuit court issued a certificate to an alien, after war had been declared by the United States against the government of which he was a subject, the federal district court has jurisdiction to cancel the certificate.12

10 United States v. Morena, 247 Fed. 484, 159 C. C. A. 538.

11 United States v. Wursterbarth,

249 Fed. 908.

12 United States v. Kamm, 247 Fed. 968.

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