ulations, like the orders of the War Department for issue of rations to sufferers from flood and famine, is that they are founded on a kind of necessity. Undoubtedly they should be authorized by statute. Card 9491. December, 1900.

502. An officer may be put in arrest by a verbal or written order or communication from an authorized superior, advising him that he is placed in arrest or will consider himself in arrest, or in terms to that effect; the reason for the arrest need not be specified. At the same time he is usually required to surrender his sword, though this formality may be dispensed with. But an arrest, though an almost invariable, is not an essential preliminary to a military trial; to give the court jurisdiction it is not necessary that the accused should have been arrested; it is sufficient if he voluntarily, or in obedience to an order directing him to do so, appears and submits himself to trial. So, neither the fact that an accused has not been formally arrested, or arrested at all, nor the fact that, having been once arrested and released from arrest, he has not been re-arrested before trial, can be pleaded in bar of trial or constitute any ground of exception to the validity of the proceedings or sentence. II, 77, March, 1863; XVII, 419, October, 1865; XIX,419, February, 1866; XXIX, 470, November, 1869; XXX, 164, March, 1870; XXXV, 142, January, 1874. An officer is in no case entitled to demand to be arrested. XVII, 419, supra.

503. Except in the class of cases indicated in Art. 24, only "commanding officers" can place commissioned officers in arrest. (See A. R. 221 of 1863; 998 of 1901.) The commanding officer thus authorized is the commander of the regiment, separate company, detachment, post, department, &c., in which the officer is serving. XXVI, 642, July, 1868. Where a company is included in a post command, the commander of the post, rather than the company commander, is the proper officer to make the arrest of a subaltern of the company. XXIX, 304, October, 1869.

504. It is clearly to be inferred from the Army Regulations that unless other limits are specially assigned him, an officer in arrest must confine himself to his quarters. It is generally understood indeed that he can go to the mess-house or other place of necessary resort. It is not unusual, however, for the commander, in the order of arrest, to state certain limits within which the officer is to be restricted, and, except in aggravated cases, these are ordinarily the limits of the post where he is stationed or held. V. 434, December, 1863,

Placing an arrested officer XXVI, 114, October, 1867.

505. The status of being in arrest is inconsistent with the performing of military duty. II, 77, March, 1863. or soldier on duty terminates his arrest. Releasing a soldier from arrest and requiring him to perform military duty, after his trial and while he is awaiting the promulgation of his sentence, can be justified only by an extraordinary exigency of the service. VII, 234, February, 1864.

506. The fact that a soldier has been held in arrest for an unreasonably protracted period before trial, or while awaiting the promulgation of his sentence, is a good ground for a mitigation of his punishment. XXXV, 504, July, 1874.

507. An officer is not privileged from arrest by virtue of being at the time a member of a general court martial. VII, 320, March, 1864. 508. An officer under arrest is not disqualified to prefer charges. V, 348, November, 1863; XVI, 68, May, 1865.

509. The imposition of an arrest affects in no manner the right of an officer or soldier to receive the pay and allowances of his rank. IX, 64, May, 1864; XIII, 386. February, 1865; XXIII, 18, June, 1866. Except in a case of a deserter (see A. R. 129 of 1895; 140 of 1901) no legal inhibition exists to paying a soldier while in arrest either before trial or while awaiting sentence his regular pay and emoluments. XXX, 419, June, 1870.

510. The principle of the common law by which a witness is protected from arrest should in general be applied to military cases. If it can well be avoided, an arrest should certainly not be imposed upon an officer or soldier while attending a court martial as a witness. But such an arrest would constitute an irregularity only, and would not affect the validity of the proceedings of a trial to which the party thus arrested was subsequently subjected. XXXIX, 12, May, 1876.

511. A soldier while confined in arrest should not be fettered or ironed except where such extreme means are necessary to restrain him from violence, or there is good reason to believe that he will attempt an escape and he cannot otherwise be securely held. XXX, 483, July, 1870.

512. As to the work which may be required of soldiers in arrest, par. 999, A. R., has been amended and interpreted by Cires., Nos. 3 and 7 A. G. O., 1890. Under the regulation as thus established (A. R. 907 of 1895; 1008 of 1901), soldiers in confinement awaiting action on the proceedings of their trials are assimilated to those awaiting trial, and both classes may, at the discretion of the commanding officer, be employed,

1 But an arrest of an officer while actually engaged upon court-martial duty should, if practicable, be avoided.

21 Greenl. Ev., § 316; Smythe v. Banks, 4 Dallas, 329.

separately from prisoners undergoing sentence, upon such labor as is habitually required of soldiers. More severe or other labor would not be authorized, nor would labor with a police party consisting in whole or in part of men under sentence however slight their sentence might be.' 41, 26, May, 1890; 48, 91, April, 1891. A Soldier in arrest in quarters may be required to do cleaning or police work about his quarters which otherwise other soldiers would have to do for him. 49, 329, October, 1891.

513. The military authorities are not empowered to make forcible entrance into a private dwelling to effect an arrest of a soldier. Card 395, October, 1894.

ARREST BY THE CIVIL AUTHORITIES.

514. A soldier (other than a deserter-under Art. 48) cannot legally be required to make good to the United States a period of time during which he was held in arrest or on trial by the civil authorities on account of a civil offence. XXII, 570, January, 1867; XXIV, 279, February,

1867.

515. A soldier, arrested by the civil authorities and released on bail to await trial, may, on returning to his station, be required to perform the usual military duty appropriate to his rank (XXIV, 279, supra), and while on such duty, his pay status is unaffected. Card 1717, September, 1895.

516. A soldier who has committed a crime which has properly subjected him to arrest and punishment by the civil authorities cannot justly be allowed pay and allowances for the period during which he has been detained in arrest. If it should be made to appear that his. arrest and detention were unwarranted on the part of the authorities, either by reason of his innocence of the crime charged, or that his arrest, because of some statutory provision, was unauthorized, he would, it is held, be entitled to his pay and allowances. His acquittal upon a trial should be accepted by the Government as conclusive in his behalf that the civil proceedings against him were without legal justification. XXV, 559, May, 1868; Cards 2010, February, 1896; 7544, January, 1900.

517. Par. 1314, A. R. (1464 of 1901), declares that "Officers and enlisted men in arrest and confinement by the civil authorities will receive no pay for the time of such absence; if released without trial, or after trial and acquittal, their right to pay for the time of such

absence is restored." Held that this regulation did not apply to a case of a soldier thus arrested and confined when duly absent from duty on furlough. A soldier absent on a furlough, which has not been recalled, is not withdrawn from duty by such arrest, and his pay status is not thereby changed. 56, 253, October, 1892. Where an Indian scout was arrested and detained by the civil authorities for nearly a year, and then discharged without trial held that he was entitled to his pay for the period of detention.' 32, 78, April, 1889. .

518. There is no statute (like Sec. 1237, Rev. Sts., relating to enlisted men) by which a commissioned officer is exempted from arrest for debt, where such arrest is otherwise legally authorized.* XXXIII, 8. March, 1872.

ARREST OF CIVILIANS BY THE MILITARY.

519. A civilian may legally be arrested without a warrant as well by a military person as by any citizen where he commits a felony, or crime in breach of the public peace, in such person's presence; or where, a felony having been committed, such person has probable cause for believing that the party arrested is the felon. In a case of such an arrest at a military post, the arresting officer or soldier should use no unnecessary violence, should disclose his official character and inform the party of the cause of his arrest, and should deliver him as soon as reasonably practicable to a civil official authorized to hold and bring him before a court or magistrate for disposition. 41, 457, July, 1890.

520. The Superintendent of the Military Academy is not in general authorized to arrest and confine in the guard house a civilian for a mere breach of the police regulations of the Post or Academy. His proper remedy is to have the offender removed as soon as practicable, and without unnecessary force, from the reservation. 41, 457, supra.

521. The State of Iowa has ceded to the United States exclusive jurisdiction over the portion of the Rock Island Arsenal Bridge and approaches, situate within that State. In a case of a crime or offence against the United States committed by a civilian on such portion, held that the commanding officer at the Arsenal would be authorized to arrest the offender and cause him to be brought before a U. S. commissioner or other official specified in Sec. 1014, R. S. He could not properly

Digest Dec. Second Comp., Vol. 2, § 831.

See Moses r. Mellett, 3 Strobh., 210; McCarthy r. Lowther, 3 Kelly, 397; Ex parte Harlan, 39 Ala., 565. But note in this connection the general principle of public policy by which public servants are exempted from arrest on civil (though not on criminal) process while on public duty. United States v. Kirby, 7 Wallace, 482; Coxson v. Doland, 2 Daly, 66.

hold the party and notify the commissioner to send for him, but must nimself have him taken before the commissioner.. Where indeed no such official is accessible at the time, the commanding officer may hold the offender in the guard house, but only for such interval as may be necessary. 39, 51, February, 1890.

ARTIFICIAL LIMB.

522. The description, "hired men of the land forces," employed in the act of Feb. 27, 1877, amending Sec. 4787, Rev. Sts., may properly be construed to include the mechanics and laborers employed at arsenals by the authority of the provisions of Title XVII of the Revised Statutes. XXXIX, 316, November, 1877.

523. Held that the effect of Sec. 4787, Rev. Sts., as amended by the act of March 3, 1891, was as follows: 1. All persons entitled 'to be furnished by the War Department with artificial limbs or apparatus for resection, in whose cases three or more years (and less than five years) had, on March 3, 1891, fully elapsed since the date of their last legal receipt of a limb, &c., became entitled, on said March 3, 1891, to receive at once a new limb, as of the end of the third year from such receipt, and further to receive another new limb at the end of three years from the completion of said third year, and so on. 2. All persons who had received a limb, &c., on March 3, 1888, or on any subsequent date prior to the date of the act of March 3, 1891, became entitled to a new limb on March 3, 1891, or other date three years succeeding such receipt, and again on March 3, 1894, or at the end of a further three years, and so on. 3. The act of 1891, being prospective in terms, cannot be construed as operating retrospectively or as authorizing a revision of former quinquennial receipts or money payments as their equivalents. 4. There is nothing in the amending act of 1891 to repeal, or affect the operation of, the provisions of Sec. 4788 or 4790, Rev. Sts., in regard to payments of money in lieu of delivery of limbs. These provisions are held clearly to apply to triennial rights equally and in the same manner as they applied to quinquennial. 46, 58, March, 1891.

524. Held that the act of August 15, 1876, authorizing the Surgeon General of the Army to prescribe regulations under which persons shall receive artificial limbs, &c., referred only to regulations auxiliary to the act and designed to give it effect, and did not empower him to divest persons of the right of prosecuting claims for the same. XLIX, 225, July, 1885.

1 Compare 20 Opins. At. Gen., 83.