ARTICLE LXXVI. TREASON-SYNDICALISM. 1770. Treason Against State. 1771. Criminal Syndicalism. 1772. Sabotage. 1773. Acts Prohibited. 1770. Treason Against State-Treason against the State shall consist only in levying war against it or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason, on the testimony of two witnesses to the same overt act, or on confession in open court. (Sec. 16, Art. 2, Const.) Criminal Syndicalism-Criminal syndicalism is hereby defined to be the doctrine which advocates crime, physical violence, arson, destruction of property, sabotage, or other unlawful acts or methods, as a means of accomplishing or effecting industrial or political ends, or as a means of effecting industrial or political revolution, or for profit. (S. L. 1919, 110.) 1772. Sabotage-Sabotage is hereby defined to be a malicious, felonious, intentional or unlawful damage, injury to or destruction of real or personal property of any employer or owner by his or her employee or employees, or any employer or employers or by any person or persons at their own instance, or at the instance, request or instigation of such employees employers, or any other person. (S. L. 1919, 111.) 1773. Acts Prohibited-Any person who, by word of mouth er writings, advocates, affirmatively suggests or teaches the duty, necessity, propriety or expediency of crime, criminal syndicalism, or sabotage, or who shall advocate, affirmatively suggest or teach the duty, necessity, propriety or expediency of doing any act of violence, the destruction of or damage to any property, the bodily injury to any person or persons, or the commission of any crime or unlawful act as a means of accomplishing or effecting any industrial or political ends, change, or revolution, or for profit; or who prints, publishes, edits, issues, or knowingly circulates, sells, distributes, or publicly displays any books, pamphlets, paper, handbills, poster, document, or written or printed matter in any form whatsoever, containing matter advocating, advising, affirmatively suggesting, or teaching crime, criminal syndicalism, sabotage, the doing of any act of physical violence, the destruction or damage to any property, the injury to any person, or the commission of any crime or unlawful act as a means of accomplishing, effecting or bringing about any industrial or political ends, or change, or as a means of accomplishing, effecting or bringing about any industrial or political revolution, or for profit; or who shall openly, or at all attempt to justify by word of mouth or writing, the commission or the attempt to commit sabotage, any act of physical violence, the destruction of or damage to any property, the injury to any person or the commission of any crime or unlawful act, with the intent to exemplify, spread or teach or affirmatively suggest criminal syndicalism; or who organizes, or helps to organize or becomes a member of or voluntarily assemble with any society or assemblage of persons which teaches, advocates, or affirmatively suggests the doctrine of criminal syndicalism, sabotage, or the necessity, propriety or expediency of doing any act of physical violence or the commission of any crime or unlawful act as a means of accomplishing or effecting any industrial or political ends, change or revolution, or for profit, is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the State penitentiary for a term not to exceed ten years, or by a fine of not more than five thousand dollars, or by both such fine and imprisonment. Provided, that none of the, provisions of this act shall be construed to modify or affect Section 3764, Chapter 42, of the Revised Laws of Oklahoma, 1910. (S. L. 1919, 111.) 1774. Use of Building For Such Purpose-The owner, lessee, agent, superintendent, or person in charge or occupation of any place, building, room or rooms, or structure, who knowingly permits therein any assembly or consort of persons prohibited by the provisions of Section 1773 of this act, or who after notification by authorized public or peace officers that the place or premises, or any part thereof, is or are so used, permits such use to be continued, is guilty of a misdemeanor and punishable upon conviction thereof by imprisonment in the county jail for not less than sixty days or for not more than one year, or by a fine of not less than one hundred dollars or more than five hundred dollars, or by both such fine and imprisonment. (S. L. 1919, 111.) ARTICLE LXXVII, TRESPASSING ON, OR INJURY TO LANDS, CROPS, TREES, FRUITS, TRAINS, ETC. 1775. Trespass Defined-Whoever wilfully or maliciously enters and passes any garden, yard or inclosed field after being expressly forbidden not (sic) so to do by the owner or occupant thereof shall be deemed guilty of trespass and upon conviction thereof shall be fined in any sum not exceeding $25.00. (S. L. 1913, 89.) 1776. Injury to Freehold-Any person is guilty of a misdemeanor who wilfully commits any trespass by either: First: Cutting down or destroying any kind of wood or timber, standing or growing upon the lands of another, or driving or riding through, into, or across any cultivated hedge or tree row, or any grove of ornamental trees or orchard of fruit trees growing upon the land of another, or in any other manner injuring the same; or, Second: Carrying away any kind of wood or timber that has been cut down, and is lying on such lands; or, Third: Maliciously severing from the freehold any produce thereof, or anything attached thereto; or, Fourth: Digging, taking or carrying away from any lot situated within the bounds of any incorporated city, without the license of the owner, or legal occupant thereof, any earth, soil or stone, being a part of the freehold, or severed therefrom at some previous time, under such circumstances as would render the trespass a larceny, if the thing so severed, or carried away were personal property; or, Fifth Digging, taking, or carrying away from any land in any incorporated city or town of this State, laid down on the map or plan of said city or town as a street or avenue, or otherwise established or recognized as a street or avenue, without the license of the mayor and common council or other governing body of such city or town, or owner of the fee thereof, any earth, soil or stone under such circumstances as would render the trespess a larceny, if the thing so severed or carried away were personal property. (2773 R. L. 1910.) 1777. Injuring Timber, Fences, Etc.-Any person who shall wantonly or maliciously cut, dig up, or injure any timber set out, planted, cultivated, or growing naturally, or who shall wantonly or maliciously open, let down, throw down, or prostrate any fence, gate or bars belonging to any enclosure of any description of cultivated and growing timber, or tears down or opens any such fence, gate or bars, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding one hundred dollars, or by both such fine and imprisonment, and shall be liable in damage to the party injured. (2774 R. L. 1910.) 1778. Injuring Standing Crops-Any person who maliciously injures or destroys any standing crops, grain, cultivated fruits, or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this chapter, or by some other statute, is guilty of a misdemeanor. (2775 R. L. 1910.) 1779. Injuring Fruit in the Day Time-Any person who maliciously or mischievously enters, in the day time, the enclosure or goes upon the premises of another, with the intent to knock off, pick, destroy, or carry away, or having lawfully entered or gone upon does afterward wrongfully knock off, pick, destroy, or carry away any apples, peaches, pears, plums, grapes, or other fruit, melons, or flowers of any tree, shrub, bush or vine, shall be punished by a fine not exceeding one hundred dollars and not less than five dollars, or by imprisonment in the county jail not exceeding thirty days. (2776 R. L. 1910.) 1780. Same-In the Night Time-Any person who shall maliciously or mischievously enter the enclosure, or go upon the premises of another in the night time, and knock off, pick, destroy fruit, melons or flowers of any tree, shrub, or vine, or having entered the enclosure or gone upon the premises of another in the night time, with the intent to knock off, pick, destroy, or carry away any fruit or flowers, as aforesaid, be actually found thereon, shall, on conviction thereof, be punished by fine not exceeding one hundred and not less than ten dollars, or by imprisonment in the county jail not exceeding thirty days. (2777 R. L. 1910.) 1781. Injuring Fruit Trees-Any person who shall maliciously or mischievously bruise, break, or pull up, cut down, carry away, destroy or in any wise injure any fruit or ornamental trees, shrub, vine or material for hedge, being, growing, or standing on the land of another, shall be punished by fine not exceeding one hundred and not less than ten dollars, or by imprisonment in the county jail not exceeding thirty days. (2778 R. L. 1910.) 1782. Forcible Entry and Detainer-Any person guilty of using or procuring, encouraging or assisting another to use any force or violence in entering upon or detaining any lands or other possessions of another, except in the cases and manner allowed by law is guilty of a misdemeanor. (2574 R. L. 1910.) 1783. Returning to Possession After Lawful Removal-. Any person who has been removed from any lands by process of law, or who has removed from any lands pursuant to the lawful adjudication or direction of any court, tribunal or officer, and who afterward, without authority by law, returns to settle or reside upon such lands, is guilty of a misdemeanor. (2575 R. L. 1910.) 1784. Unlawful Intrusion Upon Lands-Any person who intrudes or squats upon any lot or piece of land within the bounds of any incorporated city or town without license or authority from the owner thereof, or who erects or occupies thereon any hut, hovel, shanty or other structure whatever without such license or authority; and any person who places, erects or occupies within the bounds of any street or avenue of such city or town any hut, hovel, shanty or other structure whatever, is guilty of a misdemeanor. (2576 R. L. 1910.) See circumstances which did not constitute offense. Ghione V. State, 5 Okla. Cr. 102. 1785. Trespassing on Railway Trains-Any person, other than a railway employee in the discharge of his duty, who, without authority from the conductor of the train, rides or attempts to ride on top of any car, coach, engine or tender on any railroad in this State, or on the drawheads between the cars, or under the cars or truss-rods or trucks, or in any freight car, or on the platform of any baggage car, express |