such places. If it did so, it might have been attacked as unconstitutional.R The statute does not apply to places of which the United States is the proprietor and which the Government uses for military purposes or otherwise; but which were not reserved when the State within which they are situated was admitted and have not been ceded by the State or purchased or otherwise acquired from it. Nor to a homestead acquired by an Indian under the General Homestead Law. A statute authorizing the Governor, upon application, to cede the exclusive jurisdiction, is a valid consent." The statute does not authorize an indictment for a circulation of a libel, published elsewhere within the State, where the State law forbids more than a single prosecution and conviction for different publications of the same libel.10 It does not incorporate into the Federal law the general statute of limitations of the State relating to crimes, but a prosecution thereunder is governed as to limitation by the Federal statute upon the subject.11 An indictment is sufficiently specific in this respect, when it charges the commission of an offense on a parcel of land described by metes and bounds acquired with the consent of the State by the United States and within the exclusive jurisdiction of the United States. 12 In such a case the court will take judicial notice of any State or Federal statutes which vests the United States with exclusive jurisdiction.13 Oral evidence may be admitted upon the subject.14 5 Franklin v. U. S., 216 U. S. 559, 569. 6 Knickerbocker Ice Co. v. Stewart, 253 U. S. 149. 7 U. S. v. Bateman, 34 Fed. 86, the presidio military reservations in San Francisco, California; U. S. Tully, 140 Fed. 899, part of Ft. Missoula in Montana, People v. Godfrey, 17 Johnson (N. Y.) 225, Fort Niagara, in New York. See Supra, § 66a; U. S. v. Paul, 6 Peters 141, 143. West Point in New York where the military academy is situ ated is within such a Reservation and thus subject to Federal jurisdiction. Franklin v. U. S., 216 U. S. 559. So are Fort Adams, in 8 U. S. v. Lewis, 253 Fed. 469. 11 U. S. v. Andem, 158 Fed. 996. See 180, supra. 12 Brown v. U. S., 257 Fed. 46. 13 Ibid. 14 Ibid. . § 483d. Jurisdiction over criminal cases arising in the land or naval forces. The Fifth Amendment excepts "cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger" from the requirement of "a presentment or indictment of a Grand Jury" before a person shall be "held to answer for a capital, or otherwise infamous crime." The Sixth Amendment does not apply to such cases.1 By the Articles of War adopted June 4, 1920: "Article 8. The following persons are subject to these articles and shall be understood as included in the term 'any person subject to military law,' or 'persons subject to military law,' whenever used in these articles: Provided, That nothing contained in this Act, except as specifically provided in Article 2, subparagraph (c), shall be construed to apply to any person under the United States naval jurisdiction unless otherwise specifically provided by law. "(a) All officers, members of the Army Nurse Corps, warrant officers, Army field clerks, field clerks Quartermaster Corps, and soldiers belonging to the Regular Army of the United States; all volunteers, from the dates of their muster or acceptance into the military service of the United States; and all other persons lawfully called, drafted, or ordered into, or to duty or for training in, the said service, from the dates they are required by the terms of the call, draft or order to obey the same; "(b) Cadets; "(c) Officers and soldiers of the Marine Corps when detached for service with the armies of the United States by order of the President: Provided, That an officer or soldier of the Marine Corps when so detached may be tried by military court-martial for an offense committed against the laws for the government of the naval service prior to his detachment, and for an offense committed against these articles he may be tried by a naval courtmartial after such detachment ceases; "(d) All retainers to the camp and all persons accompanying or serving with the armies of the United States without the territorial jurisdiction of the United States, and in time of war all such retainers and persons accompanying or serving with the § 483d. 1 Ex parte Milligan, 4 Wall. 2, 123, 18 L. ed. 281. armies of the United States in the field, both within and without the territorial jurisdiction of the United States, though not otherwise subject to these articles; 66 (e) All persons under sentence adjudged by courts-martial; (f) All persons admitted into the Regular Army Soldiers' Home at Washington, District of Columbia." 2 A superintendent quartermaster corps in service on the Mexican Border was subject to trial before a court martial.3 After the cessation of hostilities and the discontinuance of the action of the Draft Board, it was held that a man registered and accepted under the Selective Draft Act who had been informed that he would be notified by mail when to report for military duty, could not be tried by a court martial for desertion, and was entitled to have such a charge against him tried before a civil tribunal, when he never received such a notice, although one was mailed to him, and he had been indicted for, and was under bail to meet the charge of a violation to the statute. He was discharged by means of the writ of habeas corpus from the custody of a deputy marshal who was holding him for a trial. before a court martial upon the ground that he was entitled to have a trial before a civil tribunal.5 "General courts-martial shall have power to try any person subject to military law for any crime or offense made punishable by these articles, and any other person who by the law of war is subject to trial by military tribunals: Provided, That no officer shall be brought to trial before a general court-martial appointed by the Superintendent of the Military Academy: Provided further, That the officer competent to appoint a general court-martial for the trial of any particular case may, when in his judgment the interest of the service shall so require, cause any case to be tried by a special court-martial notwithstanding the limitations upon the jurisdiction of the special court-martial as to offenses set out in article 13; but the limitations upon jurisdiction as to persons and upon punishing power set out in said article shall be observed." 6 Article 13. Special courts-martial shall have power to try any person subject to military law for any crime or offense not capital made punishable by these articles: Provided, That the President may, by regulations, except from the jurisdiction of special courts-martial any class or classes of persons subject to military law. Special courts-martial shall not have power to adjudge confinement in excess of six months, nor to adjudge forfeiture of more than two-thirds pay per month for a period of not exceeding six months."7 "Article 14. Summary courts-martial shall have power to try any person subject to military law, except an officer, a member of the Army Nurse Corps, a warrant officer, an Army field clerk, a field clerk Quartermaster Corps, a cadet, or a soldier holding the privileges of a certificate of eligibility to promotion, for any crime or offense not capital made punishable by these articles: Provided, That noncommissioned officers shall not, if they object thereto, be brought to trial before a summary court-martial without the authority of the officer competent to bring them to trial before a general court-martial: Provided further, That the President may, by regulations, except from the jurisdiction of summary courts-martial any class or classes of persons subject to military law. Summary courts-martial shall not have power to adjudge confinement in excess of one month, restriction to limits for more than three months, or forfeiture or detention of more than twothirds of one month's pay. "Article 15. The provisions of these articles conferring jurisdiction upon courts-martial shall not be construed as depriving military commissions, provost courts, or other military tribunals of concurrent jurisdiction. in respect of offenders or offenses that by statute or by the law of war may be triable by such military commissions, provost courts, or other military tribunals." "Article 16. Officers shall be triable only by general and special courts-martial and in no case shall an officer, when it can be avoided, be tried by officers inferior to him in rank.” 10 "Article 81. Whosoever relieves or attempts to relieve the enemy with arms, ammunition, supplies, money, or other thing, or knowingly harbors or protects or holds correspondence with or gives intelligence to the enemy, either directly or indirectly, shall suffer death or such other punishment as a court-martial or military commission may direct." 11 Article 82. Any person who in time of war shall be found lurking or acting as a spy in or about any of the fortifications, posts, quarters, or encampments of any of the armies of the United States, or elsewhere, shall be tried by a general court martial or by a military commission, and shall, on conviction thereof, suffer death." 12 “Article 92. Any person subject to military law who commits murder or rape shall suffer death or imprisonment for life, as a court-martial may direct; but no person shall be tried by court-martial for murder or rape committed within the geographical limits of the States of the Union and the District of Columbia in time of peace." 13 “Article 93. Any person subject to military law who commits manslaughter, mayhem, arson, burglary, housebreaking, robbery, larceny, embezzlement, perjury, forgery, sodomy, assault with intent to commit any felony, assault with intent to do bodily harm with a dangerous weapon, instrument, or other thing, or assault with intent to do bodily harm, shall be punished as a court-martial may direct." 14 sion, court of inquiry, or board, or before any officer, military or civil, designated to take a deposition to be read in evidence before such court, commission, court of inquiry, or board, willfully neglects or refuses to appear, or refuses to qualify as a witness, or to testify, or produce documentary evidence which such person may have been legally subpœnaed to produce, shall be deemed guilty of a misdemeanor, for which such person shall be punished on information in the district court of the United States or in a court of original criminal jurisdiction in any of the territorial possessions of the United States, jurisdiction being |