Legal Opinion

United States v. Pierce

District Court, N.D. New York

Decided November 7, 1917PublishedCited by 16 opinions

At Law. Clinton H. Pierce and others were indicted for conspiracy under Criminal Code (Act March 4, 1909, c. 321), § 37, 35 Stat. 1096 (Comp. St. 1913, § 10201), and also violations of the so-called Espionage Act, §§ 3 and 4. On demurrer.

1Opinion of the Court

RAY, District Judge.

Since April 6, 1917, the United States has been at war with the Imperial German Government, on which day the Congress of the United States by joint resolution duly approved stated:

“That the state of war between the United States and the Imperial German Government which has thus been thrust upon the United States is hereby formally declared,” etc.

May 18, 1917, Congress enacted what is commonly and popularly known as the Selective Draft Act (Act May 18, 1917, c. 15), approved that day. This act provides for the increase of the regular army, the enlistment of men in the…

2Cases cited5 opinions

  1. United States Ex Rel. Turner v. WilliamsSupreme Court of the United States · 1904
  2. United States v. Toledo Newspaper Co.District Court, N.D. Ohio · 1915
  3. Warren v. United StatesCourt of Appeals for the Eighth Circuit · 1910
  4. State v. PapeSupreme Court of Connecticut · 1916
  5. Ritchie County Bank v. McFarlandCourt of Appeals for the Fourth Circuit · 1910

3Cited by16 opinions

  1. United States v. FlynnCourt of Appeals for the Second Circuit · 1954
  2. Myers v. United StatesCourt of Appeals for the Eighth Circuit · 1926
  3. State v. HolmSupreme Court of Minnesota · 1918
  4. United States v. Stephen Mesarosh, Also Known as Steve Nelson, William Albertson, Benjamin Lowell Careathers, James Hulse Dolsen and Irving WeissmanCourt of Appeals for the Third Circuit · 1955
  5. United States v. FlynnCourt of Appeals for the Second Circuit · 1954

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