A Digest of Opinions of the Judge Advocate General
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Excerpt from A Digest of Opinions of the Judge Advocate General: Certain Decisions of the Comptroller of the Treasury, the Courts and Certain Opinions of the Attorney General; From July 1, 1912 to April 1, 1917 If the President approve the finding, the law indicates what shall or may be done. (See sees. 1249-1252, Rev. Stat.) If he disapprove, the proceedings and finding of the board are nullified. (C. 29449, Feb. 17, 1912.) Articles Of War: Discharge by department commander under fourth Article of War. Under the fourth Article of War a department commander may order the discharge of an enlisted man whose term of service has not yet expired, but paragraph 139, Army Regulations, 1910, serves to direct that he shall not exercise this right which the law gives him. Held, that the regulation is lawful, as it does not seek to controvert a statute, but merely to regulate the conditions under which the power granted by the statute may be exercised. It follows that should a department commander order the discharge of one of his men before the expiration of his term of enlistment the discharge would be entirely legal, but the officer ordering it would have acted in disobedience of a regulation. (C. 23259, Apr. 12, 1912. See also G. O. 174, W. D., 1909.) Civil Authorities: Surrendering soldier to; Fifty-ninth Article of War. The terms of this article, which provides for the delivery to the civil authorities of any officer or soldier accused of a crime or offense punishable by the laws of the land, have never been regarded as modifying or affecting the operation of the rule of comity which prevails wherever two independent criminal courts have jurisdiction of the same person or case, the rule being that the authority whose jurisdiction first attaches, by reason of process retains jurisdiction until its claim has been completely satisfied. (C. 23264, May 27, 1909.) Under the above rule, where a soldier was sentenced to dishonorable discharge with confinement, and while serving confinement escaped and reenlisted in the military service under an assumed, name and was again arrested and, his identity having been discovered, was placed in arrest to serve out his sentence, and the civil authorities presented a warrant for his arrest for a crime committed after his escape. Held, that the soldier should not be surrendered. So also where before his enlistment a soldier had committed a crime for which he had been sentenced to the penitentiary, and while out of the penitentiary on a conditional pardon left the State in violation of its terms and enlisted in the military service, and was dishonorably discharged therefrom pursuant to the sentence of a general court-martial. Held, that under the above rule of comity he should not be surrendered to the civil authorities. (C. 28963, Nov. 11, 1911.) (C. 23264, May 24, 1912.) About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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