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Show SOLDIERS WILL BE PROSECUTED Bl ' AUTHORITIES Ogden city will know how to proceed pro-ceed in the future when arresting a soldier and prosecuting him for his offense, of-fense, as an opinion has been handed down by James H. Wolfe, judge advocate advo-cate of the Utah light field artillery, which says that soldiers as well as other citizens aro amenable to state and city laws. f- The opinion was solicited from tho Judge advocate by Chief of Police Browning of this city after tho arrest a few days ago of Frank Kracko, a United States soldier from Fort Douglas. Doug-las. Kracko had boon to Wyoming where he had taken on a quantity of I liquor and was intoxicated when he arrived in Ogden. Local police were of the opinion that they could not prosecute pros-ecute the man as he was a soldier and they tumpd-him over to officers from tho fort. The opinion from the Judgo advocate advo-cate is as follows: "Military law is the legal system that regulates the government of a military establishment. Officers and soldiers and a certain limited class of civilians are subject to military law. These persons aro at the same time subject to civil law for offenses against the law of a civil community. Where the offense is one of a purely military nature only thosmilitary authorities au-thorities have Jurisdiction. But where the act committed is an offense against a civil community as well, both military and civil authorities have concurrent con-current jurisdiction. Between those two jurisdictions the one which flrot attaches in a particular case is entitled entit-led to proceed to termination. "Except in time of war, military authorities au-thorities are required by the seventy-fourth seventy-fourth article of war to make utmost endeavor to deliver over to civil authorities au-thorities a person accused of crime if the crime is committed within the geographical geo-graphical limits of a state or in the District of Columbia, and is made punishable pun-ishable by the laws of that state or by tho laws of the District of Columbia. Co-lumbia. "In time of war it is still true that where the civil and military authorities authori-ties have concurrent Jurisdiction, that which first attaches by arrest, or by what is known in law as "process," obtains Jurisdiction over the accused person for the purpose of bringing him to trial and punishment. In time of war the duty of the commanding officer of-ficer to endeavor to deliver over an accused ac-cused person to the civil authorities or to aid the civil officers in apprehending appre-hending the accused person Is not imposed, im-posed, although military authorities may, if they desire, deliver over such person to the civil authorities even after aft-er they have obtained Jurisdiction. "Military and civil authorities operating oper-ating in the same geographical limits are supposed to co-operate and, in the spirit of comity, each is supposed to aid the other in apprehending persons subject to military law who have committed com-mitted offenses and to see that they are tried for the offenses committed." |