exceed five hundred dollars or imprisonment for not to exceed one year, or both. (37 Stat. 308.)

§ 10105. (Act Aug. 13, 1912, c. 287, § 6.) Radio communication, defined.

The expression "radio communication" as used in this Act means any system of electrical communication by telegraphy or telephony without the aid of any wire connecting the points from and at which the radiograms, signals, or other communications are sent or received. (37 Stat. 308.)

§ 10106. (Act Aug. 13, 1912, c. 287, § 7.) Uttering or transmitting false or fraudulent signals, etc.; punishment for.

A person, company, or corporation within the jurisdiction of the United States shall not knowingly utter or transmit, or cause to be uttered or transmitted, any false or fraudulent distress signal or call or false or fraudulent signal, call, or other radiogram of any kind. The penalty for so uttering or transmitting a false or fraudulent distress signal or call shall be a fine of not more than two thousand five hundred dollars or imprisonment for not more than five years, or both, in the discretion of the court, for each and every such offense, and the penalty for so uttering or transmitting, or causing to be uttered or transmitted, any other false or fraudulent signal, call, or other radiogram shall be a fine of not more than one thousand dollars or imprisonment for not more than two years, or both, in the discretion of the court, for each and every such offense. (37 Stat. 308.)

§ 10107. (Act Aug. 13, 1912, c. 287, § 8.) Restriction of use on foreign ships.

A person, company, or corporation shall not use or operate any apparatus for radio communication on a foreign ship in territorial waters of the United States otherwise than in accordance with the provisions of sections four and seven of this Act and so much of section five as imposes a penalty for interference. Save as aforesaid, nothing in this Act shall apply to apparatus for radio communication on any foreign ship. (37 Stat. 308.)

The provisions of sections 4 and 7 of this act, mentioned in this section, are set forth, ante, §§ 10103, 10106.

§ 10108. (Act Aug. 13, 1912, c. 287, § 9.) Jurisdiction of offenses. The trial of any offense under this Act shall be in the district in which it is committed, or if the offense is committed upon the high seas or out of the jurisdiction of any particular State or district the trial shall be in the district where the offender may be found or into which he shall be first brought. (37 Stat. 308.)

§ 10109. (Act Aug. 13, 1912, c. 287, § 10.) Inapplicability to the Philippine Islands.

This Act shall not apply to the Philippine Islands. (37 Stat. 308.)

§ 10110. (R. S. § 5270, as amended, Act June 6, 1900, c. 793.) Fugitives from the justice of a foreign country, or a country under the control of the United States.

Whenever there is a treaty or convention for extradition between the Government of the United States and any foreign government, any justice of the Supreme Court, circuit judge, district judge, commissioner, authorized so to do by any of the courts of the United States, or judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within the limits of any State, district, or Territory, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or commissioner, to the end that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made: Provided, That whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States,

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any person who shall violate, or who has violated, the criminal laws in force therein, by the commission of any of the following offenses, namely: Murder and assault with intent to commit murder; counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money; counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same; forgery or altering, and uttering what is forged or altered; embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries; larceny or embezzlement of an amount not less than one hundred dollars in value; robbery; burglary, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein; and the act of breaking and entering the house or building of another, whether in the day or night time, with the intent to commit a felony therein; the act of entering, or of breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein; perjury or the subornation of perjury; rape; arson; piracy by the law of nations; murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government; malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life, and who shall depart or flee, or who has departed or fled, from justice therein to the United States, any Territory thereof or to the District of Columbia, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to such authorities for trial under the laws in force. in the place where such offense was committed. All the provisions of sections fifty-two hundred and seventy to fifty-two hundred and seventy-seven of this title, so far as applicable, shall govern proceedings authorized by this proviso: Provided further, That such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged: And provided further, That no return or surrender shall be made of any person charged with the commission of any offense of a political nature. If so held such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial.

Act Aug. 12, 1848, c. 167, & 1, 9 Stat. 302. Act June 6, 1900, c. 793, 31 Stat. 656.

This section, as enacted in the Revised Statutes, contained only the provi

sions relating to fugitives from the justice of a foreign country, without the provisos annexed to the section as set forth here. Said three provisos, relating to persons violating the criminal laws in force in any foreign country or territory under control of the United States, were added by amendment by Act June 6, 1900, c. 793, last cited above.

R. S. 88 5270-5277, mentioned in said first proviso, are this section and §§ 10111, 10118-10123.

R. S. §§ 5270-5277, as amended by Act Aug. 3, 1882, c. 378, post, §§ 1011210116, were made to apply, so far as applicable, to the Philippine Islands by Act Feb. 6, 1905, c. 454, post, §§ 10124, 10125.

Fees and costs in extradition cases were to be paid out of the appropriation for the expense of the judiciary, and the Attorney-General was required to certify to the Secretary of State the amounts to be paid to the United States on account of such fees and costs by the foreign government requesting the extradition, and the Secretary of State was required to cause such amounts to be collected and transmitted to the Attorney-General for deposit in the Treasury, by a proviso of Act June 28, 1902, c. 1301, § 1, post, § 10117.

Provisions for the removal of offenders against the United States, arrested in any district other than that where the offense was committed, to the district where the offense was committed, were made in R. S. § 1014, ante, § 1674.

§ 10111. (R. S. § 5271.) Evidence on the hearing.

In every case of complaint, and of a hearing upon the return of the warrant of arrest, copies of the depositions upon which an original warrant in any foreign country may have been granted, certified under the hand of the person issuing such warrant, and attested upon the oath of the party producing them to be true copies of the original depositions, may be received in evidence of the criminality of the person so apprehended, if they are authenticated in such manner. as would entitle them to be received for similar purposes by the tribunals of the foreign country from which the accused party escaped. The certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any paper or other document so offered is authenticated in the manner required by this section.

Act Aug. 12, 1848, c. 167, § 2, 9 Stat. 302. Act June 22, 1860, c. 184, 12 Stat. 84.

This section was amended by Act June 19, 1876, c. 133, 19 Stat. 59, so as to read as follows:

"In every case of complaint and of a hearing upon the return of the warrant of arrest, any depositions, warrants, or other papers offered in evidence, shall be admitted and received for the purpose of such hearing if they shall be properly and legally authenticated so as to entitle them to be received as evidence of the criminality of the person so apprehended, by the tribunals of the foreign country from which the accused party shall have escaped, and copies of any such depositions, warrants or other papers, shall, if authenticated according to the law of such foreign country, be in like manner received as evidence; and the certificate of the principal diplomatic or consular officer of the United States resident in such foreign country shall be proof that any such deposition, warrant or other paper, or copy thereof, is authenticated in the manner required by this section."

Said amendatory act, however, was repealed by Act Aug. 3, 1882, c. 378, § 6, and so much of this section as originally enacted as was inconsistent with said act was also repealed thereby.

§ 10112. (Act Aug. 3, 1882, c. 378, § 1.) Place and character of the hearing.

All hearings in cases of extradition under treaty stipulation or

convention shall be held on land, publicly, and in a room or office easily accessible to the public. (22 Stat. 215.)

This section and the four sections next following were part of an act entitled "An act regulating fees and the practice in extradition cases."

Section 6 of the act repealed Act June 19, 1876, c. 133, 19 Stat. 59, which amended R. S. § 5271, and also repealed so much of R. S. § 5271, as was inconsistent with the provisions of this act.

See note to R. S. § 5271.

§ 10113. (Act Aug. 3, 1882, c. 378, § 2.) Fees of commissioners. The following shall be the fees paid to commissioners in cases of extradition under treaty stipulation or convention between the Government of the United States and any foreign government, and no other fees or compensation shall be allowed to or received by them:

For administering an oath, ten cents.

For taking an acknowledgment, twenty-five cents.

For taking and certifying depositions to file, twenty cents for each folio.

For each copy of the same furnished to a party on request, ten cents for each folio.

For issuing any warrant or writ, and for any other service, the same compensation as is allowed clerks for like services.

For issuing any warrant under the tenth article of the treaty of August ninth, eighteen hundred and forty-two, between the United States and the Queen of the United Kingdom of Great Britain and Ireland, against any person charged with any crime or offense as set forth in said article, two dollars.

For issuing any warrant under the provision of the convention for the surrender of criminals, between the United States and the King of the French concluded at Washington November ninth, eighteen hundred and forty-three, two dollars.

For hearing and deciding upon the case of any person charged with any crime or offense, and arrested under the provisions of any treaty or convention, five dollars a day for the time necessarily employed. (22 Stat. 215.)

This section prescribed for extradition proceedings the fees fixed by R. S. § 847, without change, except that R. S. § 847, fixed the per diem allowance for hearing and deciding upon the case of any person charged with any crime in cases under the treaty with Great Britain and the convention with France, while this section fixed the per diem allowance for hearing and deciding upon the case of any person charged with crime and arrested "under the provisions of any treaty or convention." This section may be regarded as superseded by Act May 28, 1896, c. 252, § 21, ante, § 1451, which provided that each commissioner "shall be entitled to the following named fees, and none other," and which, as to compensation in extradition cases, re-enacted the provisions contained in R. S. § 847, and not those of this section.

The fees of clerks for issuing warrants, etc., were fixed by R. S. § 828, ante, § 1383.

§ 10114. (Act Aug. 3, 1882, c. 378, § 3.) Witnesses for indigent

defendants.

On the hearing of any case under a claim of extradition by any foreign government, upon affidavit being filed by the person charged setting forth that there are witnesses whose evidence is ma