The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1917-07-26


broken up by persons acting withou,
legal authority. II was stated at the
time that soldiers In uniform a
ticipated In this illegal action. No
arrests Of men In uniform. however.
were made and dlligens inquiry made
by the department commander faiied
TO reveal the name of a single soldier
OF the regular army OF national suard
in the federal service participating
therein. 1nasmuch. however, as
many young soldiers have recently
jolned the colors. and thousands ~
others will be taking the same step
shortly. the department commander
deemed IL advisable 10 call the az
I~iention Of all concerned to their PROP
er relations to eivil authority while
in military service. He says;
when a man eniis;s in the United
states service, o only does he there
by voluntarily give up many OF the
prerogatives enjoyed by other citizens,
but he assumes, in addition. vast re.
sponsibiiities toward the government
and the people. lie is amenable IN
the same laws which bind other cit
items. but there II imposed upon him.
In addition. a military penal code far
more drastic than any to which other
citizens are subject. The fact shat
the United states is now at war does
not. under present conditions, alter in
any degree the peaee-time relation
ship which the army bears to our civil
population. In case OF Invasion or
imminent danger thereof. 1t may weli
be that, lin the mist Of arms the
laws are silent" bu, such conditions
do not obtain al the present lime in
cur own country.
The attention of all commanding
Officers Is invited to the provisions OF
the one hundred and tenth article of
war. which requires that certain arti-
cies be read and explained TO every
soldier at the time OF his enlistment
Tor mucter I'm. or within six days
hereafter, and once every six months
during the time that he is In the serv-
ice OF the United States. In thosc
commands In which this article OF war
has rot been strictly compiled with
up to the present time commanding
Officers will take the necessary steps
10 comply Herewith at once, n in
addition will explain carefully 10 al
soldiers under their commands the
proper relationship which they have
aud must maintain. with the civil
authorities. They mus, be made
cicsfly TO understand that they are
su0sect. not only 10 all the criminal
llaws OF the land binding upon other
lciuzers, but u AZ tlrev will also be
held responsible for their actions un'
der The military penal code. Theii
uniform. instead Of being a badge oi
Immunity. is a badge OF honor. i'm
Iposing higher obligations than res
tUpor cher citizens.
while commanding officers arr
not required In time Of war. unde'
the terms OF the seventy-fourth article
Iof war. TO surrender soldiers accused
lof crimes or offenses committe,
within the geographical limits 81 q
state. and punishable by the law
Iof the land. nevertheless. under th'
lpresent conditions. they will not In
lslst upon the technical rights Of IN.
military in this connection. In urda
THAT soldiers may be held continuous
rs to duty with the colors. where the.
lare legally held by the ciyii author
ties for breaches 81 the peace, com
lmandlng officers will endesyor Ia 80
.lcure their release through comit
by the assurance that they viii D.
1, tried n punished under the milita'
. penal code more severely than the
would have been By the civll authorl
ties. n a soldier is arrested by stat
or municipal authorities while in ~
Legitimate performance ~ his teder'
/, duties. he can always obtain his ~
erty through application 60 . feder'
court for a writ OF habeas corpus, bt
n Ia he lays himself liable 20 arrest e
breach 81 the peace. not involved .
his federal duties. HI must not g,
pect any immunity because Of h
p uniform"