The Lexington progress. (Lexington, Tenn.) 1884-current, 1918-04-26
SheriffS Must Ar
rest DeserterS.

~ dhIStiOh VI SOft NY NS
State Council of National Defense
has furnished all county and NUM-
cipal officers and local boards with
the following instructions:
This office is in receipt of letter
from Gen. f. H. Crowder provost
marshal general, as follows
Advice has been received that
some states are having considerable
difficulty in getting sheriffS and
other county and municipal officers
to apprehend deserters from mill
tary camps, and inquire whether it
is the duty of those officers to ap-
prehend deSerters of this character
as distinguished from registrants
who become deserters through fail
ure to obey orders issued under all.
thority of the selective service law.
The selective service law and
proclamation and regulations of the
President clearly impose on such
officers the duty to apprehend per-
sons who have become deserters
through failure to obey certain law
full orders issued by local boards or
state acknowledgements. A regis
trant is in the military service from
and after the day and hour specified
in tina order of his local board d.
recting him to report to it for en-
trainment. If he fails to obey that
order he is a deserter and under au-
thority of section 6 of the selective
service law, the President has made
it the duty of state officers to ap-
prend him. The fact that the req
istrant obeys the order, is sent to
camp and thereafter deserts does
not detract from the duty or author
ity of state officers to apprehend
him. To hold to the contrary would
be to reach an absurd conclusion.
Furthermore, a soldier who has
been selected for military service
through authority of the act of May
Is, 1917, remains in the military
service by virtue of that act. On
reaching the mobilization camp he
does not take the oath of allegiance
and no change of that status &C.
ours. He has been in the military
service from the day and hour
named in his order of mobilization
and by virtue Of the selective SER
vice law, which law the President
has called upon officers and agents
OF the respective states to enforce.
1t is clearly the duty of such officers
to apprehend a deserter who reach
ed camp, put on a uniform and
marched with his comrades, as it is
their duty to apprehend the draft
evader or other violator of the Sc
lective service law.
The Federal statutes authorize
any civil officer to apprehend a de-
serter from the military service
without warrant. The Federal de-
partment of justice has instructed
all United States marshals, deputy
marshals and special agents and
special agents and employees of the
bureau of investigation of that de-
partment to give special attintion to
the matter of the apprehension of
deserters of all kinds, and if yol are
unable to obtain effective action on
the part of the county aud munich
pal officers, it is suggested that you
report your information with res.
pect to particular cases to the prop
er United States marshal or special
agent of the bureau of investigation.
In accord with the FOREGOING,
any of the officers therein mention
toned who fail or neglect to do
their duty in experimenting desert
ers will be delt with vigorously"
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