Show 0 mone MOSE haneas HABEAS CORPUS on saturday a writ of habeas merean corpus corput T wa was issued by judge mckean on oft petition of C col coi 01 EL A morrow and served on 11 arshal marshal J DT mcallister commanding the tho latter to bring before the aforementioned Jud judge geat goat at the U S marshall office one frederick bright a soldier of camp douglas who had been fined five dollars by the police justice for drunkenness and disorderly conduct on ion the day previous the matter was accordingly argued this morning judge mcbride appearing for or bright and judge Z for the city mr mcbride read the petition of general morrow which asked for the discharge of the prisoner on the grounds that the municipality of salt lake had no jurisdiction in the case ua also read the other pers per S mr mcbride stated tha I 1 drunkenness and disorderly cond conduct u ct was nota not a statutory of fence but a mere breach of a city eity ordinance that the municipality had no jurisdiction in the matterand matter ard and that bright was subject to military jurisdiction only he read from particles of war to show that co commanders manders of the military tary either jelther in garrison or on the march were required to protect citizens from ot jy by the soldiery he further read to prove that when bol nol soldiers diers committed a c crime erime ri 1 me against the known laws of the land on application being made to the military the offended offenders were required to be delivered up to the civil magistrates the gentleman then endeavored to show in a very weakly manner that the offense off blase biase for which bright had bad been committed was not against a law of the land but a city ordinance which he contended was not a law of the tha land he further continued to read each time making his side still weaker from the ath page of articles of war that the martial did not set aside the punishment for the same tame crime by the civil authorities then were read articles which did not touch the case me at all as the sections only spoke of application having to be made to the commanding before a soldier on duty could be arrested by warrant or otherwise the counsel claimed that the tho articles of war provided for punishment nar far the crime with which the prisoner was charged and that he could not be punished for the same offense by the municipality city the military being exclusive he also maintained that before the municipality could deal with any soldier for any of lense offense application must be made to the commanding officer of the soldier to have the latter turned over to the civil authorities mr mcbride concluded however that if a police 0 officer fal cr should see a soldier committing a crime against the laws the civil officer or even a citizen might arrest and hold hoid tile the soldier till he be could be delivered to the military authorities but that he be was amenable only to his commanding officers judge snow said lie ho did not claim that the ordinances of the city were superior to the U S law ori or to the territorial statutes or that the articles of war were not law he did not claim either cither that the military had no authority over a soldier who was on leave of absence but lie he dl did d claim that lie he was also amenable to the civil authorities at this point the court explained that mr mcbride meant also that the civil authorities could punish as well as the military when an offense was committed by a soldier in violation of a known law of t the he land and the court askedall asked aske dair dAlr mr 11 if he understood him aright judge snow resumed and asked if a soldier on leave of absence committed a crime and was arrested by the civil authorities there was any law a W requiring r e ulf 1 n that that criminal should be e delivered dell doli dedd deff vered vered to the military authorities if there was any law making sueh such requirement he did not know of it if the soldier got back to his garrison however then the civil authorities must apply to the military authorities if as the counsel on the other side contended soldiers could not be punished by the civil authorities when they were arrested by the latter and were in their custody then all parties had been laboring under a mistake to the present time he did not claim that a soldier could be lie arrested by the civil authorities ties for a crime committed on a military reser resor reservation but lie he contended that a sold soldier ler ier on leave or of absence was subject to the civil authorities in the parts of the county that lie he might be in he further maintained that a municipal law was as much a known law where it existed as a any ny other law and was vas just as much so as a statute in conclusion judge snow asked that the case might be so decided that bat an appeal might be carried to the supreme court he thought the important nature of the principle involved in the case demanded that this should be done near kear the close or of the proceedings the court said to J judge snow do I 1 understand you to say that the military auth authorities authority e s have no control of a soldier who is on leave of absence jude judge snow said he be did not so express himself the court reserved de decision cislon in the anat matter matten ter ten |