CHAPTER II. OF OTHER AND MISCELLANEOUS OFFENSES. § 638. Neglect or postponement of telegraphic messages. § 639. Employé using information from messages. § 640. Clandestinely learning the contents of a telegram. § 641. Bribing telegraphic operator. § 642. § 643. Collecting tolls, etc., at San Francisco, without authority. Violations of police regulations of San Francisco harbor. § 644. Enticing seamen to desert. § 645. Harboring deserting seamen. § 646. § 647. Aiding apprentices to run away or harboring them. § 648. Issuing or circulating paper money. § 649. § 650. § 652. Officers of fire department issuing false certificates of exemp tion. Sending letters threatening to expose another. § 651. Requiring apprentices to work more than eight hours. 638. Every agent, operator, or employé of any telegraph office, who willfully refuses or neglects to send any message received at such office for transmission, or willfully postpones the same out of its order, or willfully refuses or neglects to deliver any message received by telegraph, is guilty of a misdemeanor. Nothing herein contained shall be construed to require any message to be received, transmitted, or delivered, unless the charges thereon have been paid or tendered, nor to require the sending, receiving, or delivery of any message counseling, aiding, abetting, or encouraging treason against the government of the United States or of this State, or other resistance to the lawful authority, or any message calculated to further any fraudulent plan or purpose, or to instigate or encourage the perpetration of any unlawful act, or to facil itate the escape of any criminal or person accused of crime. See Civ. Code, §§ 2161, 2162, 2207. 639. Every agent, operator, or employé of any telegraph office, who in any way uses or appropriates any information derived by him from any private message passing through his hands, and addressed to any other person, or in any other manner acquired by him by reason of his trust as such agent, operator, or employé, or trades or speculates upon any such information so obtained, or in any manner turns, or attempts to turn, the same to his own account, profit, or advantage, is punishable by imprisonment in the State prison not exceeding five years, or by imprisonment in the county jail not exceeding one year, or by fine not exceeding five thousand dollars, or by both such fine and imprisonment. 640. Every person who, by means of any machine, instrument, or contrivance, or in any other manner, willfully and fraudulently reads, or attempts to read, any message, or to learn the contents thereof, whilst the same is being sent over any telegraph line, or willfully and fraudulently, or clandestinely, learns or attempts to learn the contents or meaning of any message, while the same is in any telegraph office, or is being received thereat or sent therefrom, or who uses or attempts to use, or communicates to others, any information so obtained, is punishable as provided in section six hundred and thirtynine. 641. Every person who, by the payment or promise of any bribe, inducement, or reward, procures or attempts to procure any telegraph agent, operator, or employé to disclose any private message, or the contents, purport, substance, or meaning thereof, or offers to any such agent, operator, or employé any bribe, compensation, or reward for the disclosure of any private information received by him by reason of his trust as such agent, operator, or em PEN. CODE.-23. ployè, or uses or attempts to use any such information so obtained, is punishable as provided in section six hundred and thirty-nine. 642. Every person who collects any toll, wharfage, or dockage, or lands, ships, or removes any property upon or from any portion of the water front of San Francisco, or from or upon any of the wharves, piers, or landings under the control of the Board of State Harbor Commissioners, without being by such board authorized so to do, is guilty of a misdemeanor. See Pol. Code, §§ 2524, subd. 6; 2527, 2539, 2540. 643. Every person who violates any of the provisions of the laws of this State relating to sailor boarding-houses and shipping-offices in San Francisco, or who receives any gratuity or reward other than as therein provided, for the performance of any services under a license issued pursuant to the provisions of such laws, is guilty of a misdemeanor. See Pol. Code, §§ 2583-2607. 644. Every person who entices seamen to desert from any vessel lying in the waters of this State, and on board of which they have shipped for a term or voyage unexpired at the time of such enticement, is guilty of a misde meanor. See Pol. Code, § 2602. 645. Every person who harbors or secretes any seaman, knowing him to be shipped, and with a view to persuade or enable him to desert, is guilty of a misdemeanor. See Pol. Code, §§ 2602, 2607. 646. Every person who willfully and knowingly aids, assists, or encourages to run away, or who harbors or conceals any person bound or held to service or labor, is guilty of a misdemeanor. See Civ. Code, § 264. 647. Every person (except a California Indian) without visible means of living, who has the physical ability to work, and who does not for the space of ten days seek employment, nor labor when employment is offered him; every healthy beggar who solicits alms as a business; every person who roams about from place to place without any lawful business; every idle or dissolute person, or associate of known thieves, who wanders about the streets at late or unusual hours of the night, or who lodges in any barn, shed, shop, outhouse, vessel, or place other than such as is kept for lodging purposes, without the permission of the owner or party entitled to the possession thereof; every lewd and dissolute person, who lives in and about houses of ill-fame, and every common prostitute and common drunkard, is a vagrant, and punishable by imprisonment in the county jail not exceeding ninety days. At common law, all vagrants may be taken up and bound over to good behavior-5 Allen, 511; 2 Lea, (Tenn.) 158; 108 Mass. 17; 1 McMull. 503; 6 Mod. 240; but there must be reasonable grounds of suspicion14 Mo. 138; 2 Ld. Raym. 1296; 3 Taunt. 14. A vagrant is a person who has no lawful means of support-4 Parker Cr. R. 611; 59 Ind. 173. In Massachusetts, it is sufficient if he habitually misspends his time-5 Allen, 511; 108 Mass. 17. Statutes concerning vagrants are constitutional-1 McMull. 501; 4 Parker Cr. R. 611; and see 4 id. 616; 5 Binn. 516; 14 Gray, 397; 108 Mass. 17; 65 N. C. 339; 49 Ala. 22; 51 Ga. 264; 52 id. 574. Vagrancy-Statutes concerning vagrants are constitutional-1 McMull. 501; 4 Parker Cr. R. 611; and see id. 616; 5 Binn. 516; 14 Gray, 397; 108 Mass. 17; 65 N. C. 339; 49 Ala. 22; 51 Ga. 264; 52 id. 574. A person who has no means of support, and is not in good faith seeking employment, is a vagrant-59 Ind. 173; 4 Parker Cr. R. 611; 52 Ala. 378; so, if a person habitually misspends his time, it is sufficient-5 Allen, 519; 108 Mass. 17. At common law, all idle persons and vagrants may be taken up and bound over to good behavior-108 Mass. 17; 5 Allen, 511; 2 Lea, (Tenn.) 158; 1 McMull. 503; 6 Mod. 240; but to justify arrest, there must be reasonable grounds of suspicion-14 Mo. 138; 2 Ld. Raym. 1296; 3 Taunt. 14. 648. Every person who makes, issues, or puts in circulation any bill, check, ticket, certificate, promissory note, or the paper of any bank, to circulate as money, except as authorized by the laws of the United States, for the first offense is guilty of a misdemeanor, and for each and every subsequent offense is guilty of felony. See post, § 654; Civ. Code, § 356. See Const. Cal. art. iv, § 35. 649. Every officer of a fire department who willfully issues, or causes to be issued, any certificate of exemption to a person not entitled thereto, is guilty of a misdemeanor. 650. Every person who knowingly and willfully sends or delivers to another any letter or writing, whether subscribed or not, threatening to accuse him or another of a crime, or to expose or publish any of his failings or infirmities, is guilty of a misdemeanor. See ante, § 523. 651. Every person having a minor child under his control, either as a ward or an apprentice, who, except in vinicultural or horticultural pursuits, or in domestic or household occupations, requires such child to labor more than eight hours in any one day, is guilty of a misde meanor. See Stat. 1872. 652. Every commissioned officer of the National Guard, who willfully fails to attend any parade or encampment, and every member of the National Guard who neglects or refuses to obey the lawful command of his superior on any day of parade or encampment, or to perform such military duty as may be lawfully required of him, is punishable by a fine of not less than five nor more than one hundred dollars. See Pol. Code, §§ 1930, 2018-2030. 653. Every member of the National Guard who, when duly notified, fails to appear at a parade, or who disobeys any lawful order, or who uses disrespectful language towards his superior, or who commits any act of insubordination, is guilty of a misdemeanor. 654. Every parent, guardian, or other person, who upbraids, insults, or abuses any teacher of the public schools, in the presence or hearing of a pupil thereof, is guilty of a misdemeanor. [Approved March 30th, in effect July 1st, |