Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-11-15

and the Constitution NJ tue United
states are also sOvoryiBui neither has
absolute sway.
hut no part of tho political lowrr
conferred upon the Unu Or within the
Limitations imposed on the other eau
bs taken away without Doe consent.
The tufrtofici, however, ate 900. states,
ana ns TO them the pofamnIut lesisla.
i've authority isliu tnu United states.
rhnt Government hal the flrlt b con.
peut TINT the legislative nuu political
power which the Territory % Utah
was permitted 10 exercise over the
Fort Duuglas reservation might be
taken by 10. The utic OF tho land hal
remained In the United States, aud
wnou the President eot ituplrt NJ "a
military reservation the legislative
ROVER over IL wac fceuuuI by the
Uulltd STATES and % has since had thu
power 10 exercise exclusive legislation
uv,rtt. such pjwer bgCIsIu Hs * fiu.
-ive a. 10 would have teen bad Utah
biun slate aud the same land had
ureu uIChated with It's CIutrut,
Assuming the fscts stated Ga tho
plea, tue court holds that tnu defendant
should bs prosecuted Tor thc olpu-c
charged under tue laws % The Uuuui
5t,tup.
This concirslon renders 81 unnocef.
snfy 10 decide the tUg8uI TUIut INSIDE
10y thedrmutryr aud submitted. But
In view ui tho fact that the same trial
by the court martial will ut interpreted
o. n triilup1n an iniiotmuut Tor mut-
Gul under the laws o. lIu United
States the curt VIII C0usiIer aud
dryide.t.
Tue provision Of the duh amend.
muut OF the COustitutiUn relied upon
by olunsul declaring that $50 person
sunil TOO held 10 answer Tor capital or
otherwise iuismOua crime unless on "a
pfe.entmeut or indictment VI a grand
lufyH does Lot apply 10 "cssUs arising
IN the land Or naval forces"
Tue plea describes u case that arose
In the military forces o.! the United
States. Congress possesses the power 10
c0ulrr GU military courts the exclusive
Jurisdiction Of such cases, aud sucn "a
trial would be dur process OF law.
Tho questi-n rrmaiuE ID tho laws
Of the United SlatUa give military
court Jurisdiction 10 IT, % soldier Tor
nurd'r committed va tho time Of
peace? The 6Dlh Auuclr " War Is
as iOiiOwt: "Wheu Buy officer or sol.
uiur "a accused 0t "a capital crime, or VI
any OH, utu Hgs.nst the person Or prop.
tuy % any citizen OF tho United States
when Is puui.hablu by the laws u the
Iaud, tie commanding officer and the
officers of the regiment, 10 %, battery,
C0mpnly or detachment 90 W hlch fuCn
person 40 accused belongs ate required,
except iu time Oi war, upon application
uuly inside by or Ia behalf Of thu party
ipjIrud, 10 use their utmost eHueavuTs
TO deliver him over 10 the civil ma2is.
trato and 10 aid the officers ofjusuoe la
apptehuuJiug and socufiug him, IN
order o. hriug him TO trial ~, upon
such application, any officer 10 uses or
wiliuily ueglyCls, except a. t'ms Of
war, 10 deliver over such accused ppr.
fon 10 the civil maglAtratts, or to aid
ihu officers OF Islice IN experimenting
him, be shall ~ dismissed from me
service" II. r. u. =, .235.
This article requires the officers
named TO surrender the officer or col.
d.er committing tho olen,e, upon a..
plichtiUu duly ma Ic, 10 tho civil ma.
gislrAtc In order IN UTing him 10 TRIAL.
The B2nd article provides tnat Gan
crlmtB not capital, and all dhorJets aud
neglects which Uilicers aud soldiers
may be guilty Of, h tho prejudice Of
good order aud military discipline,
though not mentioned Ia the foregoing
articles Of war, are 10 be taken coxni.
zaucc Of by general, OF regime tai,
gsIrls1n, or ncli.ofllceTs' court martial.
acc riding 10 the nature aud degree Oh
thp oilense, AMI punished NJ the dis.
erection Of such court" II. IS. u. SD.
23j.
section $3.50 r. s. declares that
"1vetv person WAC commits murder
shall s.ilet death"
Congress has not authorized q osuft
martial Ia time VI peace 10 Try n soldier
accused Of murder. II the soldier IA
accused OF manslaughter or other crimo
not capital he mAy be- tried by either
the civil Or military court, hut the
question remains II no has been tried
by one may he be tried by the other {?
The 07gh article p. $50 ID. provld,s
that "NO petsOn la the military
service shall, under the sentence Of u
court martial, DO punished by confinr.
ment In ponllentlRfy. unless the
silense Of which he may be convicted
would, by some statute OF the United
States, or by lme statute OF the stale.
oflsgse may bo Q lmmltted, or by com.
mon law, az the sans exists IN such
state, territory or district, subject such
convict n Fucu puuishmeut,o
Thls article authorizes tho clurt
martial 10 impose upon the convicted
soldier or officer TINS same puuishmsut
provided for impltition by the civil
court for tho protection Of society.
f..I a
been deemed sufficient by the law
making power 10 give that protection.
The law protects society by the exam.
pie u punishmentinu one example OF
the same man Tor the same nifsuse
would seem 10 be all that was coutem.
plated by ths Constitution anu tns law.
making power In case like the one
under Consideration.
Tho demurrer 10 the plea "a over.
ruled.
Asslstau, District Attorney Howat.
on tho part u the prIsecution, Gu.
tered an exception TO the ruling OF the
court.
Attorney Naflau, Of counsel for the
defense, said he desired % iuterp3ge a
similar pies m thb case OF Sergeant
Lime, In order that the same ruling
might be haj.
The court assented 10 tho defendant
being brought Into court tomorrow
morning for that purpose, Attorney
Vaunn rsmlrEing that the matter
would occupy only few minules.
TOlay's Probate Court.
Estate Of 0. j. HollisIer, deceased.
HentIng Without notice on pelltIon 10