Ex parte Falls

• Decision Date: 24 May 1918
• Citation: 251 F. 415
• Parties: Ex parte FALLS.
• Court: U.S. District Court — District of New Jersey

251 F. 415

Ex parte FALLS.

United States District Court, D. New Jersey.

May 24, 1918

Edward O. Stanley, Jr., of Newark, N.J., for petitioner.

William S. Weeks, Major, Judge Advocate, for the United States.

DAVIS District Judge.

Harry C. Falls, the petitioner, a citizen of the United States applied to the Bureau of the United States Army Transport Service, at its office in New York City, which is under the Quartermaster's Department, for employment. Articles of agreement, providing for the service of the petitioner, were signed by him and Capt. J. J. Dawson, Q.M.U.S.R., who was acting for the United States. Petitioner was then assigned to duty as chief cook upon the ship U.S.A.C.T. Edward Luckenbach, which was lying at Bush Terminal, Brooklyn, and was engaged in transporting supplies for the United States Army. While occupying said position, and just before the said ship sailed for a foreign port, petitioner attempted to leave the ship with his baggage and desert the service, and refused to return thereto. He was arrested by the military police at the pier, and was sent to Camp Merritt, N.J., where he was tried by court-martial. The result of the trial has not been announced, pending the disposition of the writ of habeas corpus issued out of this court. The sole question to be decided is whether or not the petitioner 'was a person serving with the armies of the United States in the field,' and therefore 'subject to military law' and trial by court-martial.

Article 2 of the Articles of War (Comp. St. 1916, Sec. 2308a) classifies all persons who are 'subject to military law.' Included among the subdivisions thereof are: (a) Officers and soldiers, etc., belonging to the Regular Army; (b) cadets (c) officers and soldiers of the Marine Corps, when detached for services by order of the President; (d) retainers to the camps, etc., including persons who in time of war are 'serving with the armies of the United States in the field'; (e) all persons under sentence adjudged by court-martial; (f) all persons admitted into the Regular Army Soldier's Home at Washington. A distinction is made between 'the officers and soldiers' belonging to the Regular Army of the United States--section (a)-- and serving 'in' the army and 'persons' accompanying or serving with the armies of the United States in the field. The former includes officers and soldiers, both volunteers and draftees, serving 'in' the Regular Army; the latter includes all 'retainers to the camp,' and, in time of war, all 'persons,' including civilians, as distinguished from 'officers and soldiers,' 'accompanying or serving with the armies of the United States in the field.' The former class refers to those 'in' the service of the 'Regular Army'; the latter to those serving 'with' the armies of the United States 'in the field,' and not 'in' the 'Regular Army.' A distinction is likewise made between service 'in the Regular Army' and service 'in the field.' Service in the Regular Army is performed by officers and soldiers in cantonments fortifications, trenches, etc.; service 'in the field' is performed in part, at least, by civilians in any place where their service is required for the good of the Regular Army. The latter service is subservient to the former and exists for it.

'The words 'in the field' do not refer to land only, but to any place, whether on land or water, apart from permanent cantonments or fortifications, where military operations are being conducted. ' Ex parte Gerlach (D.C.) 247 F. 616.

The U.S.A.C.T. Edward Luckenbach was engaged in transporting supplies for the army under the Quartermaster's Department of the United States Army. Carrying supplies...