38

Concealing Sedition

(Ch. 5

Sec. 3. Concealing sedition.-If any person with knowledge that any of the acts mentioned in Section 1 of this Act have been committed conceals such information from the prosecuting officers of the state or harbors or protects a person known to him to have committed any of the acts in Section 1 set out, any person found guilty of such concealment, harboring or protection shall be deemed to be an accessory after the fact and shall upon conviction be fined in any sum not to exceed five hundred dollars or imprisoned in the county jail for any term not exceeding two years, to be regulated by the circumstances of the case in the discretion of the court.

Sec. 4. Offending teacher, preacher, etc.-No person who has been convicted of any violation of this act shall after such convic. tion act as teacher, lecturer, minister, preacher, or priest, or instructor in any capacity during the period of the war.

Sec. 5, Accused preacher, teacher, etc.-No person against whom an indictment has been returned or any information has Deen filed by the prosecuting attorney of any county in the State of Nebraska, for the violation of any provision of this Act shall, pending hearing upon such indictment or information, act as teacher, lecturer, minister, preacher, priest, editor, publisher, or instructor in any capacity; provided, however, that the District Court, or a judge thereof at chambers, before whom such indict ment or information is pending may upon application and such showing as the court may require authorize, upon such conditions as to the court may seem proper, a person so indicted or so informed against to act as preacher, teacher, lecturer, minister, priest or instructor, pending such hearing and may revoke such permit at any time in the court's discretion.

In the event no district judge is available for a period of ten days after an application is filed for such permit, the county judge of the county where such information or indictment is pending may, after a period of ten days has elapsed, pass upon the application and grant a permit until the next term of the District Court in said county when the application shall be passed upon by the District Court.

No alien enemy shall act as lecturer, priest, preacher, minister, teacher, editor, publisher or educator in any capacity or by

Ch. 5)

Foreign Language Newspaper

39

any means within the state during the present war without first filing an application with the District Court in the county of his residence setting forth the date of his arrival in the United States, the places where he has resided, what steps, if any, he has taken to become a citizen, together with a showing of what service he has rendered the government since the war was declared, and obtaining a permit from said court to act as preacher, lecturer, priest, minister, teacher, editor, publisher or educator. Upon such application being filed, the court shall notify the state Council of Defense of its pendency together with the date when the same is set for hearing and the State Council of Defense shall be afforded full opportunity to file any counter showing which they think advisable. If upon such hearing a permit is granted, the same shall be revokable at any time in the discretion of the court.

Sec. 6. Foreign language newspapers, etc.-Any person, firm or corporation in the State of Nebraska who shall publish, within the State of Nebraska, any newspaper, magazine, periodical, book, pamphlet or other printed matter in whatever form, in any language other than the English language, shall, as soon as printed, file a copy thereof with the State Council of Defense. In addition to such copy there shall also be filed with the State Council of Defense a copy of any translations thereof or any part thereof into the English language required by or furnished to the Post Office Department of the Federal Government.

Sec. 7. State Council of Defense aid in enforcing Act.—The State Council of Defense shall aid and assist in the enforcement of this act, and, in the performance of such duties, shall have authority to furnish information of any violation of the provisions of this act that may come to their attention or possession to the proper county attorney or other prosecuting officer.

If the State Council of Defense shall be notified, by any officer or other person, or shall have knowledge of any violations of any of the provisions of this act, it shall be its duty, forthwith, to diligently inquire into the fact of such violation and for that purpose it is hereby authorized to issue subpoenas for persons appearing to have any information concerning, or knowledge of, such violation to appear before the council or some member or members thereof, and give evidence thereof under oath.

40

Public Officers-Neglect

(Ch. 5

Provided, however, that nothing herein shall be construed to take away, modify or in any way infringe upon the constitutional privileges and immunities guaranteed to persons under the Constitution of the United States and the Constitution of the State of Nebraska.

Prosecution for the violation of any of the provisions of this act shall be by indictment or information as by law provided and not otherwise.

Sec. 8. Public officers-penalty for neglect of duty.-If any magistrate, county attorney, constable, sheriff, or other officer, shall fail or refuse diligently and promptly to do his duty in the enforcement of the provisions of this act, any citizen of the county, the governor, or the attorney general of the state, may file a complaint in any District Court in this state, setting forth specific charges of such neglect and refusal against any of said officials. Said action shall be brought in the name of the state on the relationship of the complainant. If the defendant shall be convicted, he shall be ousted from his office and a decree shall be entered accordingly and if the case be appealed to the Supreme Court the judgment of ouster shall not be superseded. The vacancy in such office so created shall be filled as provided by law. Either party may request that a judge be appointed from outside of the district by applying to the Supreme Court and said court shall make said appointment forthwith. The answer shall be filed within ten days from the filing of the complaint. Complaint and answer shall constitute the issues and th(e) trial shall be begun within twenty days from the filing of the complaint. The proceedings shall be summary in character, triable to the judge.

Sec. 9. Penalties for violating sections 4, 5 and 6.-Any person violating any of the provisions of Sections 4, 5, or 6 of this act shall, upon conviction thereof, be imprisoned in the county jail or in the state penitentiary for any period not to exceed twenty years.

Section 10. Emergency.-Whereas, an emergency, exists this act shall take effect and be in force from and after its passage and approval.

Approved, April 9, 1918.

Ch. 6)

Home Guards-Organization

41

CHAPTER 6.

(House Roll No. 6.)

[Introduced by James Auten, Dwight S. Dalbey, and Al N. Dafoe.] AN ACT providing for an auxiliary Home Guards in times of war and during the absence of the National Guards from the State, and to declare an emergency.

Be It Enacted by the People of the State of Nebraska:

Section 1. Home guards-organization authorized―The commander-in-chief of the National Guards may, in times of war and during the absence of the National Guards from the state in the military service of the United States, raise by voluntary enlistment and organize, under such rules and regulations as he may prescribe, an auxiliary Home Guard from citizens of the United States who are residents of this State, over eighteen years of age. Such guards may be of such numerical strength, organized into units, officered, equipped, enlisted, disbanded, called and assigned to and for such service within the state as the commander-in-chief, by executive order, may determine expedient for the safety and protection of the people and property within the state. When called for service, the home guards shall perform such duties as the commander-in-chief may direct, and while in active service shall possess and exercise all powers of constables, policemen, and peace officers throughout the state, except in the service of civil process. And whenever it shall be necessary to call any part of such guard to service in response to any call for assistance from any county, city or community, such county, city or community shall be required to provide all maintenance and sustenance for such guard during their service therein. The county board of any county may at its discretion furnish such Home Guard as shall have been mustered in and accepted by the commander-in-chief, within said county, with such arms, supplies and equipment as shall have been designated by the governor, and such boards are hereby expressly authorized to include an amount for that purpose in their estimate of county expense and levy for taxes, or pay said expense out of the general fund of the county.

Sec. 2. Officers-how chosen.-The Brigadier General shall be chosen by the vote of the officers of all the organizations comprising the brigade. The regimental field officers shall be chosen by

42

Officers-How Chosen

(Ch. 6 the vote of the commissioned officers of each regiment. The company officers shall be elected by and from numbers of the representative companies, troops, batteries, or other integral organizations of the guard. The candidate receiving the greatest number of votes shall upon approval by the commander-in-chief be entitled to a certificate of election. The battalion, regimental, and brigade staff officers are appointed by their respective commander, subject to the approval of the commander-in-chief: Provided, no person shall be commissioned to an office until he shall have passed a satisfactory examination as to his fitness for the position or may have graduated from the military department of the State university not to exceed three years prior to such appointment when he may be commissioned a second lieutenant without passing such examination. The commission of the staff officers of the commander-in-chief, brigade, regimental and battalion staff officers shall expire with the term of office of the officer appointing them. All other officers shall hold their commission for a period of five years unless sooner discharged by resignation or otherwise.

When an officer is re-elected or re-appointed, no new commission issues, but a certificate of such re-election or re-appointment will be endorsed upon his original commission; such officer shall take rank from the date of his original commission. All commissioned officers must subscribe to the oath of their office and be sworn before some civil authority having power to administer oath. The non-commissioned officers of the brigade, regimental and battalion staffs will be discharged on the expiration of the term of office of the commander who appointed them.

Sec. 3. Emergency. Whereas an emergency exists this act shall be in force and effect from and after its passage and approval.

Approved, April 8, 1918.