the performance of their services or duties in making, or in relation to, the draft, without employing physical force. The neglect or refusal to do an act required by law to be done may itself be such an obstruction as to subject the offender to arrest. Suppose a person to be found standing in a passage through which the drafting officers are required to enter into a place designated by law as the place for the draft; and suppose that his standing in that place would prevent access by these officers to the place of draft. If they request him to move away and he neglects or refuses to do so for the purpose of preventing the draft, the nonperformance of the act of removal would be of itself an “obstruction of the draft, or of an officer in the performance of his duty in relation to it.” Standing mute in civil courts is, under certain circumstances, a punishable offence. And so if a person, with intent to prevent the draft, refuses to give his true name when lawfully requested so to do .by an officer whose legal duty it is to ascertain and enroll it, it is an obstruction of that officer in the performance of one of his duties in relation to the draft. So also is the giving of false names with the same illegal intent; and the offender will in either case be subject to summary arrest by the provost-marshal.
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