The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919. Page: 58
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2506 FEDERAL REPORTER
F!X' PARTE WEITZ.
(District Court, D. Massachusetts. February 25, 1919.)
ARMY AND NAVY :"44(2)-PERSONs SUBJECT 10 MILITARY LAW-"RETAINEB
TO CAMP"--"SER ING WITII THE AR.IIES"--lABEAB CORPUS.
The driver of an automobile employed and paid by the owner, a con-
tractor for' construction work at a training camp in the United States,
which is not under martial law, hit duty beingnto transport civilian em-
ploy6s of the, government auditing department at the camp, not shown
to have any direct connection witj the army, is not a "retainer to the
camp pr accoTpipanying or serving with the armieN," within Articles of War.
art. 2d (Comp St. 2308a), and not subject to trial by court-martial for
a death inflicted by his machine within the camp.
1-labeas corpus by William W'eitz, on relation of Robert E. Weitz.
John D. Carney, of Boston, Mass., for petitioner.
Louis Goldberg, of Baltimore, Md., for the United States.
MORTON, District Judge. Habeas corpus to secure the discharge
of the petitioner, who is held by the army authorities for trial by court-
martial; The facts are agreed and are as follows:
The petitioner was not in the military service. He was employed as
an automobile driver by Coleman Bros., who had a contract with the
government to do construction work at Camp Devens. The automo-
bile which he operated was owned by Coleman Bros., and was used
for transporting civilian employs of the government auditing de-
partment at Camp Devens. It does not appear that this auditing de-
partment had any direct connection with the United States Army.
The cost of operating the automobile, including the wages of the pe-
titioner, was charged by Coleman Bros. to the United States. Prac-
tically all of his work was within the cantonment; he had his quar-
ters in the garage there, where the automobile was kept.
At the time in question, there were in Camp Devens more than 40,-
000 men in training for active service on the fighting front. They con-
stituted part of the United States Army and included the Twelfth
Division, which was being intensively trained for the purpose of get-
ting it overseas at the earliest possible moment. No martial law had
beer proclaimed at Camp Devens; the courts of the state and of the
United States were open; and, of course, there was no fighting ,within,
the territorial limits of :the United States.
,Under, these circumstances, the automobile driven by the petitioner
struck: and killed a soldier of the Twelfth Division within the limits
of the camp. The petitioner was arrested by the military authorities
and is held for trial by court-martial. The question is whether he is
amenable to military law.
The answer to this question depends on the true construction of
article 2d of the Articles of War (Compiled Stats. 1916, 2308a),
:*:For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 256: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States, May-July, 1919., legislative document, 1919; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38827/m1/72/: accessed September 19, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.