Domestic disturbances Page: 12
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mander designated by the Secretary of War, contrary to the
restrictions applicable to any such area or zone or contrary to
the order of the Secretary of War or any such military
commander, shall, if it appears that he knew or should have
known of the existence and extent of the restrictions or
order and that his act was in violation thereof, be guilty of a
misdemeanor and upon conviction shall be liable to a fine of
not to exceed $5,ooo or to imprisonment for not more than
one year, or both, for each offense."
16. WRIT OF HABEAS CORPUS. The writ of ha-
beas corpus is an order issued by a judge and addressed to
the custodian of a prisoner, directing that such custodian
bring the prisoner into the court for judicial determina-
tion of the legality of his arrest and detention. The Con-
stitution of the United States provides that the privilege of
the writ shall not be suspended, unless, when in the case
of rebellion or invasion, the public safety may require it
(Art. I, Sec. 9). The status of martial law does not of itself
suspend the writ, although in event the civil courts are
closed, it is apparent the writ could not issue during the
period of such closure. A Federal military officer is bound
to obey the writ when issued by a Federal judge, but to such
a writ issued by a State court, the officer should make
respectful return to the effect that the prisoner is held by
authority of the United States Government. (For procedure
see pars. 154 to I56, M.C.M. 1928, and M.R. 410-4, pars. 2
and 3.) It does not necessarily follow that a prisoner arrested
and detained by the military authorities under martial law
or otherwise in aid of the civil authorities would, at the hear-
ing of the writ, be released or turned over to the civil
authorities for trial, for the courts usually hold the arrest
and detention to be lawful in such situations upon reasonable
showing of military necessity, even where no specific crime
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United States. War Department. Domestic disturbances, book, July 30, 1945; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc96652/m1/18/: accessed March 29, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.