Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-12
OVERSIGHT IN THE LAW.
Why Knowles Will Be Tried by Court
Martial,

A statement has been made that the de-
cision to try Corporal Knowles. the alleged
assailant of Captain Macklin. by a military
court was due to the confusion In the stu
alton Of the territorial laws of Oklahoma,
on account of the impending change into
statehood. This, however, Is not the fact
as the decision was the result of what Is
probably a grave oversight in the federal
criminal law statutes which was recently
the subject of correspondence between the
Department of Justice and Senator Gull
berson of Texas
Section 5346 of the federal statutes pro-
vides for punishment for an assault with
dangerous weapon when such assault Is
committed upon the high seas, or at any
place within the admiralty Jurisdiction Of
the United States out Of the Jurisdiction
of any particular state and on board any
vessel belonging in whole or In part to
the United States or any citizen thereof.
Sections 1899 and 5342 provide for the pun
ishment of persons who commit murder or
who attempt to commit murder or man
slaughter within any fort arsenal, dock
yard, magazine or in any other place or
district OF country under the exclusive
jurisdiction of the United States, or upon
the high seas and within the admiralty and
maritime jurisdiction OF the United States
and out of the jurisdiction Of any particu-
lar state. But fdr some explained rea-
son it is provided that the statute shall
not apply when the facts involve the Of
tense of assault with a deadly weapon.
There is, therefore. no federal statute pro-
viding for the punishment of persons who
commit assaults with dangerous weapons
at places under the jurisdiction of the Unit
ed States other than within it's maritime
Jurisdictions: or, as is said by Judge Deadly
in United States agt. Williams e Fed, go:
LAS a result of this patchwork legislation,
it appears that there is punishment
provided for an assault with dangerous
weapon. committed within the exclusive
jurisdiction of the United States, II COM
mitted on land, even If such assault should
involve. as 1t may, and did in this case, an
attempt to commit murder"
1t is true that section 1891. as amended
by section 2 of the act of July Z. 1898 go
Stat, I'D. applies the law of the state with
in which the federal jurisdiction is located
to the offense which has been committed
where no federal statute can be found pro-
vfding that such offense shall be punish
able under the local law. In the terms of
the statute and its amendment the law of
a state Is specifically mentioned, and no
mention Is made of the law of terri
tory. It Is therefore a matter Of serious
doubt whether any punishment for al as
sault with a dangerous weapon, committed
upon a reservation under the Jurisdiction
Of the United States and situated in a ter
ritory is provided for by any federal
statute: and in view of this doubt it was
deemed best to have Corporal Knowles
tried by a military court which has un-
doubted jurisdiction.
The probable deficiency in the federal
statutes was mentioned by the Attorney
General in his reply to Senator Culberson's
letter. with a suggestion that legislation
on the subject might be advisable.