of the military to the civil, to be found in Davis's Military Law and Winthrop's Military Law and Precedents and Digest of Opinions of the Judge Advocate General. From the last-mentioned work all quotations in this article not otherwise credited are taken. Our subject will be considered under the following heads: I. THE USE OF THE ARMY IN AID OF THE CIVIL POWER. III. CIVIL JURISDICTION ON A MILITARY Reservation. V. THE 59TH ARTICLE OF War. THE USE OF THE ARMY IN AID OF THE CIVIL POWER While any citizen, as such (and this includes military persons), may seek to quell a disturbance or a riot, and assist in preserving the peace, or in the arrest of one committing a crime in their presence, no officer or soldier in his military capacity, may do so excepting on a military reservation, or where the offenders are military persons, otherwise than as provided in the Army Regulations (Paragraph 493-8, '10). Should conditions arise requiring prompt action as provided for in Paragraph 496, A. R., '10, the officer on whom the responsibility rests should very carefully consider the facts of the case, and be certain that he is acting in accordance with the regulations referred to. The military forces of the United States can not be used as a posse comitatus, nor can they be used, except by the authority of the President, for the maintenance of order in a State or for the upholding of the State laws. Where the interests of the United States are not involved, the military may not take action, except under orders originating with the President. This can not be better expressed than in the following quotation: "In case of civil disturbance in violation of the laws of a State, a military commander can not volunteer to intervene with his command without incurring a personal responsibility for his acts. In the absence of the requisite orders he may not even march or array his command for the purpose of exerting a moral effect, or any effect in terrorem; such a demonstration, indeed, could only compromise the authority of the United States, while insulting the sovereignty of the state." (See Davis Mil. Law, Chap. XVIII., Winthrop's Mil. Law and Prec., pp. 1347 et seq, Digest of Op. J. A. G.'s, Sec. 483-493 and Appendix B.) II. MILITARY RESERVATIONS * * to exercise "The Congress shall have power exclusive legislation, in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the Government of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings * * * ." (Article 1, Section 8. Constitution of the United States.) Under this section of the Constitution, the exclusive jurisdiction of the United States, for legislation implies jurisdiction, exists over all military reservations which have been purchased with the consent of the State Legislature. This is also the case where the United States has reserved exclusive jurisdiction, over a reservation previously established, in the Act of Admission of a State. A number of our military reservations, however, have been acquired in other ways. Where this has been the case, the states have generally "ceded jurisdiction" to the United States over the land comprised in the reservation. The cessions of jurisdiction differ in their terms and in the extent of the jurisdiction reserved by the state. In some cases exclusive jurisdiction is granted; in others, the right to serve criminal and civi! process, concurrently with the United States, is reserved. Again, as in Kansas, the right to tax railroads and corporations on the reservation is reserved, and finally there have been cases where general concurrent jurisdiction with that of the United States has been reserved. Where this is the case, it has been held that the cession of jurisdiction was of no value to the United States. Of course over reservations situated in the Territories, the jurisdiction of the United States is paramount. Where an officer is in command of a military reservation he should familiarize himself with the circumstances under which the reservation was established, and with the jurisdiction, if any, reserved to a state. This may be done by consulting the post history, which should be kept at every post, or by consulting the laws of the state in which the post is situated, or by examining a book published by the War Department, entitled "Military Reservations, National Military Parks, and National Cemeteries." All unauthorized persons coming on a military reservation are trespassers and may be removed, by military force if need be, but the use of force should be no greater than is required to effect the removal. Attention is invited in this connection to Par. 212, A. R., '10. "A post commander can, in his discretion, exclude all persons other than those belonging to his post from post and reservation grounds, but should he admit everybody, except one individual against whom no charge of wrongdoing existed, such action would be considered an abuse of discretion on the part of the commander." "Whoever shall go upon any military reservation, army post, fort, or arsenal, for any purpose prohibited by law or military regulation made in pursuance of law, or whoever shall re-enter or be found within any such reservation, post, fort, or arsenal, after having been removed therefrom or ordered not to re-enter by any officer or person in command or charge thereof, shall be fined not more than five hundred dollars, or imprisoned not more than six months, or both." (Sec. 45, Chap. 321, Act of March 4, 1909). The unlawful cutting or injury of trees on a Government reservation is made penal by United States Statutes. Where on a military reservation persons are found injuring or cutting trees, they should be put off the reservation, and the department commander notified and furnished with such data as may be obtainable as to the identity of the alleged culprits, and with the evidence against them. Where it is found that damage has been done and the perpetrators not caught in the act, every effort should be made to obtain evidence in the case, and the In regulating the servant question at posts, circulars of this tenor have been issued: "Gertrude Smith is hereby prohibited from entering or remaining on the reservation. Should she be employed at any time on the reservation, she will be at once discharged and directed to leave the post." department commander notified. The removal of felled or fallen trees, or grass, etc., cut on a reservation, by an unauthorized person is a larceny, and the offender may be punished under the statute. (The removal or "asportation" may be technical, such as the placing of the wood or hay upon a wagon.) In cases of this kind, the nearest representative of the U. S. Department of Justice should be notified and furnished with the evidence secured. Of course, when trespassers are put off a reservation they should not be allowed to take with them any property of the United States. "Squatters and other trespassers and. intruders may, and should be expelled, by military force if necessary, from a military reservation. But persons when they have been suffered to own and occupy buildings on a reservation should be allowed reasonable time to remove them. If not removed after due notice the same should be removed by the military. Material abandoned on a reservation by a trespasser on vacating, may be lawfully utilized by the commander for completing roads, walks, etc." (See Winthrop's Mil. Law and Prec. pp. 1368-1370. Dig. of Op. J. A. G.'s, see index "Reservations" and "Cession of Jurisdiction.") III. CIVIL JURISDICTION ON A MILITARY RESERVATION. Where the United States has exclusive jurisdiction over a reservation, the state laws do not run and no service of civil or criminal process may be had excepting such as proceeds from the Federal Courts. Where the United States has not exclusive jurisdiction, and no cession of jurisdiction has been made by the state, the laws of such state run on the reservation as they do in all other parts of the state; in this case the service of process must be allowed except where such interference and jurisdiction of the state would destroy or impair the effective use of the reservation for the purpose designed, considering it as an instrumentality for the execution of the powers of the United States Government. Where the right to serve process has been reserved by a state, such process can only be the result of acts committed outside of the reservation, and obedience will be given by all persons on the reservation to such process. Where it amounts to an arrest of a military person, the commanding officer will permit him to be removed by the civil power, unless at the time he be awaiting trial by a military court or serving a sentence of the same. In this case the commanding officer will inform the civil authorities of this fact and decline to surrender the prisoner. The civil authorities should receive notice, however, of the expiration of the term of confinement of the soldier in order that they may take such measures after his release to vindicate the law as they see fit. Where the process takes the form of a writ of subpœna or of a summons to appear before a court, a commander should assist the court by granting permission, if need be, to an officer or soldier, to absent himself from the command in order to comply with the process, or in the case of a prisoner who is needed as a witness, by sending him when he is wanted, under proper guard. There is no method laid down for the service of civil process on an officer or a soldier. Where such process is to be obeyed the manner of service can not, from a military point of view, be questioned, but much trouble may be avoided if the process server is familiar enough with military requirements to apply in the first place to the commanding officer for guidance or assistance. "A civilian may legally be arrested without a warrant as well by a military person as by any citizen where he commits a felony, or a crime in breach of the public peace in such person's presence; or where, a felony having been committed, such person has probable cause for believing that the party arrested is the felon. In a case of such an arrest at a military post, the arresting officer or soldier should use no unnecessary violence, should disclose his official character and inform the party of the cause of his arrest, and should deliver him as soon as reasonably practicable to a civil officer authorized to hold and bring him before a court or magistrate for disposition." Where the crime is committed on a reservation by a civilian he should at once be arrested and turned over with a statement of the case to the nearest civil authority, for trial by the Federal courts; he may be held in the guardhouse for only such intervals as may be absolutely necessary. Where a soldier commits murder (a crime not punishable by court-martial in time of peace) on a military reservation, he may be confined in the guardhouse until, after communication with the nearest United States attorney, he shall be turned over to the civil authorities Process in civil suits issuing from the Federal courts and from state courts where such service is permissible, must be accepted and |