TITLE IV. Treason. SEC. 37. Treason against the state defined. 38. Id., how punished. 39. Levying war defined. 40. Resistance to a statute, when levying war. § 37. Treason defined.-Treason against the people of the state consists in 1. Levying war against the people of the state, within this state; or 2. A combination of two or more persons by force to usurp the government of the state, or to overturn the same, shown by a forcible attempt, made within the state, to accomplish that purpose; or 3. Adhering to the enemies of the state, while separately engaged in war with a foreign enemy, in a case prescribed in the constitution of the United States, or giving to such enemies aid and comfort within the state or elsewhere. Peo. v. McLeod, 25 Wend., 482; S. C., 1 Hill, 377. Adhering to the enemies of the U. S., not treason against the state, and not indictable in State Courts. Peo. v. Lynch, 11 John. 549. Enter. ing service of enemies. Resp. v. McCarty, 2 Dall 86. Robert's Case, 1 Dall. 39. Restoring prisoners. U. S. v. Hodges, 2 Wh. C. C. 477. Resisting act of Congress. U. S. v. Hannay, 2 Wall, Jr. 139. § 38. Punishment of treason.-Treason is punishable by death. Code Cr., Proc. §§ 396, 397, 814, 826. § 39. Levying war defined. - To constitute levying war against the people of this state, an actual act of war must be committed. To conspire to levy war is not enough. Levying war, exparte Bollman, 4 Cranch., 75; U. S. v. Greathouse, 2 Abb. 364; U. S. v. IIoxie, 1 Paine, 265; U. S. v. Poyer, 3 Wash., C. C., 234. § 40. Resistance to a statute, when levying war.— Where persons rise in insurrection with intent to prevent in general by force and intimidation, the execution of a statute of this state, or to force its repeal, they are guilty of levying war. But an endeavor, although by numbers and force of arms, to resist the execution of a law in a single instance, and for a private purpose, is not levying war. U. S. v. Mitchell, 2 Dall., 348; U. S. v. Hannay, 2 Wall, Jr., 139, 203; U. S. v. Hoxie, supra; U. S. v. Vigol, 2 Dall., 346. Exparte Bollman, supra. TITLE V. Of Crimes against the Elective Franchise. SEC. 41. Unlawful considerations for voting. 41a. Receiving considerations for voting. 41b. Election bets. 41c. Duress, etc. 41d. Candidate's statement of expenses. 4le. Punishment. 41f. Punishment. 41g. Other offenses. 41. Unlawful considerations for voting.-It shall be unlawful for any person, directly or indirectly, by himself or through any other person: 1. To pay, lend or contribute, or offer or promise to pay, lend or contribute any money or other valuable consideration, to or for any voter, or to or for any other person, to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any particular person or persons, or to induce such voter to come to the polls or remain away from the polls at such election, or on account of such voter having voted or refrained from voting or having voted or refrained from voting for any particular person, or having come to the poll or remained away from the polls at such election. 2. To give, offer or promise any office, place or employment, or to promise to procure or endeavor to procure any office, place or employment to or for any voter, or to or for any other person, in order to induce such voter to vote or refrain from voting at any election, or to induce any voter to vote or refrain from voting at such election for any particular person or persons. 3. To make any gift, loan, promise, offer, procurement or agreement, as aforesaid, to, for or with any person in order to induce such person to procure or endeavor to procure the clection of any person, or the vote of any voter at any election. 4. To procure or engage, promise or endeavor to procure, in consequence of any such gift, loan, offer, promise, procurement or agreement, the election of any person or the vote of any voter at such election. 5. To advance or pay or cause to be paid any money or other valuable thing to or for the use of any other person with the intent that the same, or any part thereof, shall be used in bribery at any election, or to knowingly pay, or cause to be paid, any money or other valuable thing to any person in discharge or repayment of any money, wholly or in part, expended in bribery at any election. [ADDED CH. 94 OF 1890; which also repeals § 41, as it existed.] § 41a. Receiving considerations for voting. -It shall be unlawful for any person, directly or indirectly, by himself or through any other person: 1. To receive, agree or contract for, before or during an election, any money, gift, loan or other valuable consideration, office, place or employment for himself or any other person, for voting or agreeing to vote, or for coming or agreeing to come to the poils, or for remaining away or agreeing to remain away from the polls, or for re raining or agreeing to refrain from voting, or for voting or agreeing to vote or refraining or agreeing to refrain from voting for any particular person or persons at any election. 2. To receive any money or other valuable thing during or after an election on account of himself or any other person having voted or refrained from voting at such election, or on account of himself or any other per son having voted or refrained from voting for any particular person at such election, or on account of him. self or any other person having come to the polls or remained away from the polls at such election, or on account of having induced any other person to vote or refrain from voting for any particular person or persons at such election. [ADDED CH. 94 OF 1890.] 41b. Election bets.-It shall be unlawful for any candidate for public office, before or during an election, to make any bet or wager with a voter, or take a share or interest in or in any manner become a party to any such bet or wager, or provide or agree to provide any money to be used by another in making such bet or wager, upon any event or contingency whatever. Nor shall it be lawful for any person, directly or indirectly, to make a bet or wager with a voter, depending upon the result of any election, with the intent thereby to procure the challenge of such voter, or to prevent him from voting at such election. [ADDED CH. 94 OF 1890.] §41c. Duress, etc.-It shall be unlawful for any person, directly or indirectly, by himself or any other person in his behalf, to make use of, or threaten to make use of, any force, violence or restraint, or to inflict or threaten the infliction by himself, or through any other person, of any injury, damage, harm or loss, or in any manner to practice in imidation upon or against any person, in order to induce or compel such person to vote or refrain from voting at any election, or to vote or refrain from voting for any particular person or persons at any election, or on account of such person having voted or refrained from voting at any election. And it shall be unlawful for any person by abduction, duress or any forcible or fraudulent device or contrivance whatever to impede, prevent, or otherwise interfere with, the free exercise of the elective franchise by any voter; or to compel, induce, or prevail upon any voter either to give or refrain from giving his vote at any election, or to give or refrain from giving his vote for any particular person at any election. It shall not be lawful for any employer in paying his employes the salary or wages due them to inclose their pay in "pay envelopes" upon which there is written or printed any political mottoes, devices or arguments containing threats, express or implied, intended or calculated to influence the political opinions or actions of such employes. Nor shall it be lawful for any employer, within ninety days of general election to put up or otherwise exhibit in his factory, work-shop or other establishment or place where his employes may be working, any handbill or placard containing any threat, notice or information that in case any particular ticket or candidate shall be elected, work in his place or establishment will cease, in whole or in part, or his establishment be closed up, or the wages of his workmen be reduced, or other threats express or implied, intended or calculated to influence the political opinions or actions of his employes. This section shall apply to corporations, as well as to individuals, and any person or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and any corporation violating this section shall forfeit its charter. [ADDED CH. 94 OF 1890.] § 41d. Candidate's statement of expenses.Every candidate who is voted for at any public election held within this state shall, within ten days after such election, file as hereinafter provided an itemized statement, showing in detail all the moneys contributed or expended by him, directly or indirectly, by himself or through any other person, in aid of his election. Such statement shall give the names of the various persons who received such moneys, the specific nature of each item, and the purpose for which it was expended or contributed. There shall be attached to such statement an affidavit subscribed and sworn to by such candidate, setting forth in substance that the statement thus made is in all respects true, and that the same is a full and detailed statement of all moneys so contributed or expended by him directly or indirectly, by himself or through any other person in aid of his election. Candidates for offices to be filled by the electors of the entire state, or any division or district thereof greater than a county, shall file their statements in the office of |