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obeyed by the military on a military reservation as it would be elsewhere Any defense there may be should be submitted to the civil courts.
(See Winthrop's Mil. Law and Prec., pp. 1402-1405. Dig. of Op. J. A. G.'s, sce index "Reservations.")
THE WRIT OF HABEAS CORPUS. A writ directed to the person detaining another, and commanding him to produce the body of the prisoner at a certain time and place, with the day and cause of his caption and detention, to do, submit to, and receive whatsoever the court or judge awarding the writ shall consider in that behalf. This writ has many variations and issues for a number of purposes.
We are only concerned with the case where the writ is issued to an officer and affects the body of one lawfully held by military authority. In all cases where the writ is served, the officer to whom it is addressed will make a respectful return. If the writ issues from a Federal court or judge, return will be made and the person held produced at the time and place required. If the writ issues from a state court or judge, the person will not be produced, but return will be made giving the reason for not complying with the writ. As the question is fully treated in the Manual for Courts-Martial, and forms for the returns given, it is unnecessary to go more deeply into the matter in this article.
(Davis' Mil. Law, Chap. XVII. Winthrop's Mil. Law and Prec., see index “Habeas Corpus.” Dig. of Op. J. A. G.'s, see index "Habeas Corpus.")
THE 59th ARTICLE OF WAR. "When any officer or soldier is accused of a capital crime, or of any offense against the person or property of any citizen of any of the United States, which is punishable by the laws of the land, the commanding officer, and the officers of the regiment, troop, battery, company or detachment to which the person so accused belongs, are required, except in time of war, upon application duly made by or in behalf of the party injured, to use their utmost endeavors to deliver him over to the civil magistrate, and to aid the officers of justice in apprehending and securing him, in order to bring him to trial. If, upon such application, any officer refuses or willfully neglects, except in time of war, to deliver over such accused person to the civil magistrates, or to aid the officers of justice in apprehending him, he shall be dismissed froin the service."-59th A. W.
The provisions of this Article are only applicable in time of peace. It will be observed that the offense must be against the person or prop
erty of an individual, and has been held not applicable in a case of violation of a statute, such as introducing liquor into the Indian country.
“The commanding officer, before surrendering the party, is entitled to require that the application shall be sufficiently specific to identify the accused and to show that he is charged with a particular crime or offense which is within the class described in the Article. It has been further held that without a compliance with these requirements, the commanding officer can not properly surrender nor the civil authorities arrest, within a military command, an accused officer or soldier. Where it is doubtful whether the application is made in good faith and in the interests of law and justice, the commander may demand that the application be especially explicit and be sworn to; and in general the preferable, and indeed only satisfactory course will be to require the production, if practicable, of a due and formal warrant or writ for the arrest of the party. The application required by the Article should be made in a case where the crime was committed by the party before he entered the military service equally as when it was committed by him while in the service.
The Article does not apply to offenses committed on land where the United States has exclusive (excepting that the service of process may have been reserved) jurisdiction. In cases . where the military courts have concurrent jurisdiction, the requirements of the Article will not obtain if "the military jurisdiction has already duly attached (by means of arrest or service of charges with a view to trial) in which case the prisoner may be surrendered or not as the proper authority may determine." The ordinances or by-laws of a city or town are a part of the “laws of the land” within the meaning of this Article. Where the commander has reason to believe that to deliver the accused to the civil authority would result in his being exposed to mob violence, he can only seek refuge in the supposition that the demand is not made in good faith and require all the formalities. It is a case for the use of common sense and firmness.
An officer or soldier accused, though he may be willing and may desire to surrender himself, should not in general be permitted to do so, but should be required to await a formal application. The United States is entitled to the service of its officers and men and in the absence of the formal application there is no authority which warrants this service being avoided by the voluntary act of the accused.
(See Davis' Mil. Law, pp. 456-461. Winthrop's Mil. Law and Prec., pp. 1071. 1081. Dig. of Op. J. A. G.'s, secs. 94-105.)
TAXATION. “An officer or soldier of the Army, though not taxable officially, may be and often is taxable personally. He is not taxable by a state for his pay, or for the arms, instruments, uniform clothing, or other property pertaining to his military office or capacity, but as to household furniture and other personal property, not military, he is (except where stationed at a place under the exclusive jurisdiction of the United States) equally subject with other residents or inhabitants to taxation under the local law.” On the other hand, those who are exempt from taxation as dwelling in places under the exclusive jurisdiction of the United States are not entitled to enjoy any of the privileges of the citizens of the state such as the privilege of voting, or the use of the public schools, etc.
(See Winthrop's Mil. Law and Prec., pp. 1401-1407. Dig. of Op. of J. A. G.'s, see index “Tax.")
CITIZENSHIP. An officer or a soldier does not lose his citizenship by entering the Army. However, he subjects himself to trial without jury for any military offense committed in the service, and he may forfeit the privilege of voting, depending on the state law of his domicile. He also surrenders for the time being, as far as the military service may require, his rights of personal liberty.
RESIDENCE AND DOMICILE.' What is meant by the “residence” of a person in the military service depends entirely upon the kind of residence contemplatedwhether it be “residence” for voting, for divorce, for process, for homestead rights, for school privileges, for taxation, for questions of probate, etc.—and in every case the question must determined by local law. Whether, for instance, an officer or a soldier stationed at Fort Leavenworth, Kansas, is a legal resident of Kansas for any of the purposes stated, or for any other particular purpose, depends on the laws of the State of Kansas.
1“Legal residence” and “Domicile" are practically synonymous. “Residence" is generally used in the sense of “Legal residence."
The "domicile” of an officer or soldier who entered the service at or after majority, is the same as the one he had when he entered the Army, provided, of course, he has not in the meantime changed it.
The “domicile" of an officer or soldier who entered the service as an unemancipated minor is the same as that of his parent when the officer or soldier became of age, wherever the parent may at that particular time have been domiciled.
The general rule of laws is that the domicile of the father establishes the domicile of the child.
A person in the Army can neither gain nor lose domicile by reason of his presence or absence while in the service. Of course, any officer or soldier who wishes to change his domicile may do so, but acquisition of a new domicile must be accomplished by a voluntary and positive act—that is, by taking the proper and appropriate steps to do so, always bearing in mind the fact that the question of domicile is one to be regulated by state and not federal law.
VOTING. Officers and soldiers may vote at their domicile, provided the local laws permit them to do so. Whether a military man may vote in the state in which he may be stationed depends, as stated above, on the local law of residence. This is true for voting at federal, state and municipal elections. For instance, an officer or soldier in the Regular Army stationed at Fort Leavenworth, Kans., can not vote in Kansas, even though he be a citizen of that state, because the statutes of Kansas specifically so state.
(See "Post Administration," page 257)
(Seo corresponding chapter in SUPPLEMENT for additional matter and changes, if any.)
DUTIES A The proper performance of the duty of Adjutant, like the proper performance of any other duty, requires work and attention to busi
The Army Regulations are silent regarding the duties of post adjutant, but the duties prescribed for the regimental utant are also incumbent upon the post adjutant in so far as they apply to posts.
He commands the Post Noncommissioned Staff.
The Adjutant is the commanding officer's mouthpiece—through him is the channel of communication with all the officers and enlisted men of the command. Under the direction of the commanding officer he issues all orders, makes all reports and returns, keeps all records and rosters and has charge of all correspondence pertaining to the administration of the post. He is assisted in this work by a Sergeant Major and as many clerks as may be necessary.
He should endeavor at all times to exert the influence belonging to his station in sustaining the reputation, discipline, and harmony of the command. B It is really a part of an Adjutant's duty to be pleasant and agreeable and to do all in his power to promote the contentment of the commandit is a part of his duty to serve the command in every way that he can. By virtue of his position and the various means he has at hand in the way of clerks, printing press, etc., there are many things an Adjutant can do with very little effort, which will contribute to contentment and cordiality, and in effect do a great deal to oil the official machinery of the command, reducing friction and jar to a minimum. For example, if many officers of the command transfer their pay vouchers to certain local banks, he can have the necessary indorsement printed on the pay vouchers; he can also have the pay vouchers of the officers made out every month by the clerks in the Adjutant's office and have official envelopes printed