Honolulu star-bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1912-2010, 1917-07-28
FEDERAL JUDGE
GIVES WARNING
AS TO TREASON
Applications of Four Germans
for Citizenship Dismissed as
They Filed Final Papers After
u. S. Had Declared War

Solemn warning was given this
morning by Federal Judge Joseph
Poindexter against the committing OF
treason or misprision Of treason when
he dismissed the applications OF four
alien Germans for. naturalization
which have been filed since war was
declared against their native country.
! The applications Of the Germans
were dismissed by the Judge because
the naturaIizations prohibit the ma
turalizing Of enemy aliens during the
period Of war, if their applications
for final papers are filed after the
war begins. Recently two Germans
were admitted to citizenship, both or
them sergeants in the army VINO had
been recommended for commissions as
officers, but their applications had
been filed previous to April 9Th.
Judge PotndeXter said in dismiss
ing the naturalization applications OF
the Germans that it seemed an oppor
tune time to issue warning against
treason or misprisiOn OF treason. High
treason he explained consisted Of de-
lfberate acts against the United States
and was punishable by death.
Misprision, he said. is the retention
of the knowledge of reasonable acts
or intentions OF an enemy alien OF
the United States committed or
Planned by others. He emphasized
that it was absolutely necessary If
any such knowledge came to any PER-
son amendable to the laws of this
country that he report it Immediately
to the president or some judge or
| 1nQfirp nj fot hot d.
the informant resided.
Those proven guilty of treason or
mlspr1sion of treason in this court
will be given the maximum penalty"
Judge Poindexter declared. Turing
to the Germans before him he said:
Then penalty for misprision Of trea-
son would incur a sentence longer
in years than this war will last"
Afterwards. Judge Poindexter said
that he believed it his duty to i'm.
press upon them that they would be
guilty OF grave crime If they failed
to report the reasonable acts of any
OF their countrymen to the proper au.
thorlties. Their knowledge of Ger
man might bring Their such knowl.
edge" the judge said. He also said
that he thought it important that all
residents know OF the severe penalty
which would be imposed for failure
to report reasonable remarks and
acts.
The law regarding the mtsprision
OF treason, although an old statute
is not generally known to the aver.
age layman. The section fixing the
penalty reads as follows:
! ""h0nVnr
United States and having knowledge
OF the commission Of any treason
against them, conceals, and does not,
as soon as may be, disclose and make
known the same to the President or
to some judge Of the United States,
or to some Judge or justice of a par.
ucular state, Is guilty of misprision
OF treason and shall be imprisoned
not more than seven years and fined
not more than $1,000"
! The Germans whose applications
were dismissed were Max Alfred Eau,
l1g, Max LANCE, William Nicolas,
karstner, Charles Frederick Wilhelm
Henning and Frederick Rauscher.
The latter Is one who has nearly
all his life believed himself to be q
citizen OF the United States and who
has voted for 20 years, and held DO.
sitions in which citizenship is i'm
perattve. Rauscher at one time was
a sheriff Of a California county. He
was born in Germany and came to
this country when years of age
Before he reached his majority his
parents died and he was adopted bv
an uncle who was a citizen of the
United States. On this account he be-
lieved himself a citizen and never
questioned until the war started. In
dismissing his application, Judge Poin.
dexter said you'll have to remain 4
German like the rest, at least until
the war is over"