The Birmingham age-herald., 1917-02-11

the ribbons which extend to their plates
 Heart bonbon boxes, cupid nut boxes and place cards complete the decorations of the table
 
 Pell never in fact became soldier he could not be a deserter and was not properly subject to trial by court mar tial.
 The receipt of pay or allowances under an enlistment is an essential element of the offense of fraudulent enlistment de- nounced by the fifty-fourth article of war. It was not suggested that Oscar Pel, Jr., did anything beyond attempt ing to enlist. The order of the lower court remanding young Pell to the GUS tody of his father was a proper one and it is affirmed.
 JUDGE CRUDE DESERVES
 Judge Grubb dissented from this view and declared, in part: "Whatever may be the legal effect of the enlist ment of minor under Is years of age, if the minor has sufficient age and intelligence to be capable of commit ting the offense of desertion has ac- tually deserted and is in confinement awaiting trial before military court on the charge of desertion, I do not think that he should be released from military custody until the charge has been disposed of by the court having exclusive Jurisdiction to try it.
 '1 agree with the conclusion reached in the case of in re Cosenow, 37 Fed. 66S771, that the effect of the statute is not to make the enlistment so ab- solutely void that the recruit could not commit the crime of desertion, and that court-martial could not retain Jurisdiction under the charge"
 Owing to it's novelty and import ance; and, further, in view of possible war with Germany, this case may be carried to the supreme court
 In the second case the soldier sought to be released is Otis Dick erson, a member of the regimental band of the First Mississippi regiment, who, at the time of his enlistment, on June 27, 1916, was under IS years of age, hav- ing been born October 19, 1898. After the service of the writ of habeas cor pus formal charges of fraudulent en- listment and receiving allowances and rations were preferred against Dick erson. The district court in this case said that it was evident from the facts adduced that Otis Dickerson was mot guilty of fraudulent enlistment and ordered Colonel HoslSins and Adjt. Gen h. C. Scales to immediately deliver him to his father. J. H. Dickerson
 
 imous action of the court of appeals which says, in part: The law provides that no person under the age of IS years shall be mustered into the mill ltary service of the United States without the written consent of his par. ents or guardians, provided such minor mas such parents or guardians entitled to his custody and control and it Is settled that such an enlistment Is VOi1ah1n a a ipC o4 ent or guardian. However, Otis Dick erson was over the age of 16 years when he enlisted and, therefore, be-. came a de facto and de jure soldier subject to the Jurisdiction of the mill 1tary authorities and liable to be tried py court-martial for a military of- Tense charged to have been committed by him prior to the exercise by his father of the right to avoid the en- listment.
 The election by the father. evidenced oy the writ of habeas corpus. to avoid ms sons enlistment terminated the right of the military authorities to de- tain him under the enlistment, but it did not terminate the right of such authorities to continue their custody or the minor for the time reasonably ieeulred Tor the exercise of the mil ltary Jurisdiction brought into play by the duly made charges of the com mission of military offenses by the minor son while he was a soldier.
 Ihe fact that the charges were pre- ferreG after the service of the writ of habeas corpus does not alter the case The application for the discharge of Otis
 lcKerson should not be granted until he has been released from the military prosecution instituted against him. The wrlt or habeas corpus issued by the lower court will be dismissed, and Otis Dicker- son remanded to the custody of the military authorities, but without prejudice to his fathers right to renew his ap- plication If the custody of his son shall be unlawfullyNs continued
 COUNSEL AGREES ON FACTS
 In the third case the matter sought to be reviewed by the court of appeals Is an order made by Judge Niles in vacation for the release of Warner G. Funk. There was an agreement of coun- sel that the facts material to a decision of this case are identical with the facts In the Dickerson case, except that Funk did not enlist under the national de- fense act of June 3, 1916, and did not subscribe to the oath of enlistment pre- scribed in that act, he having enlisted in the Mississippi National Guard on Oc- tober 19 1915.
 The court of appeals unanimously holds that 1t has no authority to review such an order made by a district judge In vacation as the appeal In this case seeks to present for review, and, as the appeal taken is unauthorized by law, it must be dismissed. In reaching this con ciusion, the court disagrees with a con- tary ruling made by the court or ap- peals for the Eighth circuit in the case of Webb vs. York. "A Fed. 753, which held that the courts of appeals sue Ceeded to the right to review sIch an order formerly conferred upon and exer- Wsed by the old circuit courts. Further action may be taken in this case by the military authorities to assert their turis- diction over Funk