Mr. Joseph S. Robinson, New York City, for petitioner.
The principal question here is whether a United States Court of the Allied High Commission for Germany had jurisdiction, in 1950, to try a civilian citizen of the United States, who was the dependent wife of a member of the United States Armed Forces, on a charge of murdering her husband in violation of § 211 of the German Criminal Code. The homicide occurred in October, 1949, within the United States Area of Control in Germany. For the reasons hereafter stated, we hold that such court had that jurisdiction.
The present proceeding originates with a petition for a writ of habeas corpus filed by petitioner, Yvette J. Madsen, in the United States District Court for the Southern District of West Virginia, seeking her release from the Federal Reformatory for Women in West Virginia where she is serving a sentence imposed by a United States Court of the Allied High Commission for Germany. She contends that her confinement is invalid because the court which convicted and sentenced her had no jurisdiction to do so. The District Court, after a hearing based on exhibits and agreed facts, discharged the writ and remanded petitioner to the custody of the respondent warden of the reformatory. D.C., 93 F.Supp. 319. The Court of Appeals affirmed. 4 Cir., 188 F.2d 272. Because of the importance and novelty of the jurisdictional issues raised, we granted certiorari. 342 U.S. 865, 72 S.Ct. 115.
I. Petitioner's status in Germany.Petitioner is a native-born citizen of the United States who lawfully entered the American Zone of Occupied Germany in 1947 with her husband, Lieutenant Madsen of the United States Air Force. In 1949, she resided there, with him, in a house requisitioned for military use, furnished and maintained by military authority. She was permitted to use the facilities of the United States Army maintained there for persons in its service and for those serving with or accompanying the United States Armed Forces. In brief, her status was that of a civilian dependent wife of a member of the United States Armed Forces which were then occupying the United States Area of Control in Germany.
II. Both United States courts-martial, and United States Military Commissions or tribunals in the nature of such commissions, had jurisdiction in Germany in 19491950 to try persons in the status of petitioner on the charge against her. Petitioner does not here attack the merits of her conviction nor does she claim that any non-military court of the United States or Germany had jurisdiction to try her. 7 It is agreed by the parties to this proceeding that a regularly convened United States general court-martial would have had jurisdiction to try her. The United States, however, contends, and petitioner denies, that the United States Court of the Allied High Commission for Germany, which tried her, also had jurisdiction to do so. In other words, the United States contends that its courts-martial's jurisdiction was concurrent with that of its occupation courts, whereas petitioner contends that it was exclusive of that of its occupation courts.
The key to the issue is to be found in the history of United States military commissions 8 and of United States occupation courts in the nature of such commissions. Since our nation's earliest days, such commissions have been constitutionally recognized agencies for meeting many urgent governmental responsibilities related to war. 9 They have been called our commonlaw war courts. 10 They have taken many forms and borne many names. 11 Neither their procedure nor their jurisdiction has been prescribed by statute. It has been adapted in each instance to the need that called it forth. See In re Yamashita, 327 U.S. 1, 1823, 66 S.Ct. 340, 349351, 90 L.Ed. 499.
In the absence of attempts by Congress to limit the President's power, it appears that, as Commander-in-Chief of the Army and Navy of the United States, he may, in time of war, establish and prescribe the jurisdiction and procedure of military commissions, and of tribunals in the nature of such commissions, in territory occupied by Armed Forces of the United States. His authority to do this sometimes survives cessation of hostilities. 12 The President has the urgent and infinite responsibility not only of combating the enemy but of governing any territory occupied by the United States by force of arms. 13 The policy of Congress to refrain from legislating in this uncharted area does not imply its lack of power to legislate. That evident restraint contrasts with its traditional readiness to 'make Rules for the Government and Regulation of the land and naval Forces; * * *.' 14 Under that clause Congress has enacted and repeatedly revised the Articles of War which have prescribed, with particularity, the jurisdiction and procedure of United States courts-martial.
Originally Congress gave to courts-martial jurisdiction over only members of the Armed Forces and civilians rendering functional service to the Armed Forces in camp or in the field. 15 Similarly the Articles of War at first dealt with nonmilitary crimes only by surrendering the accused to the civil authorities. Art. 33, American Articles of War of 1806, Winthrop's Military Law and Precedents (22d ed. 1920 reprint) 979. However, in 1863, this latter jurisdiction was enlarged to include many crimes 'committed by persons who are in the military service of the United States * * *.' 16 Still it did not cover crimes committed by civilians who, like petitioner, were merely accompanying a member of the Armed Forces.
Article 15 thus forestalled precisely the contention now being made by petitioner. That contention is that certain provisions, added in 1916 by Articles 2 and 12 extending the jurisdiction of courts-martial over civilian offenders and over certain nonmilitary offenses, automatically deprived military commissions and other military tribunals of whatever existing jurisdiction they then had over such offenders and offenses. Articles 2 and 12, together, extended the jurisdiction of courts-martial so as to include 'all persons accompanying or serving with the armies of the United States without the territorial jurisdiction of the United States * * *.' 18 The 1916 Act also increased the nonmilitary offenses for which civilian offenders could be tried by courts-martial. 19 Article 15, however, completely disposes of that contention. It states unequivocally that Congress has not deprived such commissions or tribunals of the existing jurisdiction which they had over such offenders and offenses as of August 29, 1916. 39 Stat. 653, 670. See In re Yamashita, 327 U.S. 1, 66 S.Ct. 340, 90 L.Ed. 499, and Ex parte Quirin, 317 U.S. 1, 63 S.Ct. 1, 87 L.Ed. 3.
The concurrent jurisdiction thus preserved is that which 'by statute or by the law of war may be triable by such military commissions, provost courts, or other military tribunals.' (Emphasis supplied.) 39 Stat. 653, 41 Stat. 790, 10 U.S.C. 1486, 10 U.S.C.A. § 1486. The 'law of war' in that connection includes at least that part of the law of nations which defines the powers and duties of beligerent powers occupying enemy territory pending the establishment of civil government. 21 The jurisdiction exercised by our military commissions in the examples previously mentioned extended to nonmilitary crimes, such as murder and other crimes of violence, which the United States as the occupying power felt it necessary to suppress. In the case of In re Yamashita, 327 U.S. 1, 20, 66 S.Ct. 340, 350, following a quotation from Article 15, this Court said, 'By thus recognizing military commissions in order to preserve their traditional jurisdiction over enemy combatants unimpaired by the Articles, Congress gave sanction, as we held in Ex parte Quirin, to any use of the military commission contemplated by the common law of war.' 22 The enlarged jurisdiction of the courts-martial therefore did not exclude the concurrent jurisdiction of military commissions and of tribunals in the nature of such commissions.
III. The United States Courts of the Allied High Commission for Germany were, at the time of the trial of petitioner's case, tribunals in the nature of military commissions conforming to the Constitution and laws of the United States.Under the authority of the President as Commander-in-Chief of the United States Armed Forces occupying a certain area of Germany conquered by the allies, the system of occupation courts now before us developed gradually. The occupation courts in Germany are designed especially to meet the needs of law enforcement in that occupied territory in relation to civilians and to nonmilitary offenses. Those courts have been directed to apply the German Criminal Code largely as it was theretofore in force. (See Appendix, infra, 72 S.Ct. 711 et seq., entitled 'Chronology of Establishment of United States Military Government Courts and Their Jurisdiction Over Civilians in the United States Area of Control in Germany 1945 1950.') The President, as Commander-in-Chief of the Army and Navy, in 1945 established, through the Commanding General of the United States Forces in the European Theater, a United States Military Government for Germany within the United States Area of Control. Military Government Courts, in the nature of military commissions, were then a part of the Military Government. By October 20, 1949, when petitioner was alleged to have committed the offense charged against her, those courts were known as United States Military Government Courts. They were vested with jurisdiction to enforce the German Criminal Code in relation to civilians in petitioner's status in the area where the homicide occurred.
September 21, 1949, the occupation statute had taken effect. Under it the President vested the authority of the United States Military Government in a civilian acting as the United States High Commissioner for Germany. He gave that Commissioner 'authority, under the immediate supervision of the Secretary of State (subject, however, to consultation with and ultimate direction by the President), to exercise all of the governmental functions of the United States in Germany (other than the command of troops) * * *.' Executive Order 10062, June 6, 1949, 22 U.S.C.A. § 901 note, 14 Fed.Reg. 2965, Appendix, 72 S.Ct. 713; Office of the United States High Commissioner for Germany, Staff Announcement No. 1, September 21, 1949, Appendix, 72 S.Ct. 714. Under the Transitional Provisions of Allied High Commission, Law No. 3, Article 5, 14 Fed.Reg. 7458, Appendix, 72 S.Ct. 714, preexisting legislation was applied to the appropriate new authorities. Finally by Allied High Commission, Law No. 1, Article 1, 15 Fed.Reg. 2086, Appendix, 72 S.Ct. 715, effective January 1, 1950, the name of the 'United States Military Government Courts for Germany' was changed to 'United States Courts of the Allied High Commission for Germany.' They derived their authority from the President as occupation courts, or tribunals in the nature of military commissions, in areas still occupied by United States troops. Although the local government was no longer a 'Military Government,' it was a government prescribed by an occupying power and it depended upon the continuing military occupancy of the territory.
The government of the occupied area thus passed merely from the control of the United States Department of Defense to that of the United States Department of State. The military functions continued to be important and were administered under the direction of the Commander of the United States Armed Forces in Germany. He remained under orders to take the necessary measures, on request of the United States High Commissioner, for the maintenance of law and order and to take such other action as might be required to support the policy of the United States in Germany. Executive Order 10062, supra.
IV. Petitioner and the offense charged against her came within the jurisdiction assigned to the court which tried her. Under United States Military Government Ordinance No. 31, August 18, 1948, Article 7, 14 Fed.Reg. 126, Appendix, infra, 72 S.Ct. p. 712, the United States gave its Military Government District Courts 'criminal jurisdiction over all persons in the United States Area of Control except persons, other than civilians, who are subject to military, naval or air force law and are serving with any forces of the United Nations.' It thus excepted from the jurisdiction of those occupation courts military men and women who were subject to military law but expressly gave those courts jurisdiction over civilian men and women who were subject to military law. Article of War 2(d) further defined 'any person subject to military law' as including 'all persons accompanying or serving with the armies of the United States without the territorial jurisdiction of the United States * * *.' 28 This included petitioner.
Article 7 of United States Military Government Ordinance No. 31 further provided, however, that 'No person subject to military law of the United States shall be brought to trial for any offense except upon authorization of the Commander-in-Chief, European Command.' 14 Fed.Reg. 126, Appendix, infra, 72 S.Ct. p. 712. That authorization appears in the official correspondence relating to the case of Wilma B. Ybarbo. The correspondence includes a written endorsement from the proper authority, dated December 11, 1948, covering not only the Ybarbo case but also the case 'of any dependent of a member of the United States Armed Forces * * *.' See Appendix, infra, 72 S.Ct. p. 713.
The applicability of the German Criminal Code to petitioner's offense springs from its express adoption by the United States Military Government. The United States Commanding General, in his Proclamation No. 2, September 19, 1945, stated that, except as abrogated, suspended or modified by the Military Government or by the Control Council for Germany, 'the German law in force at the time of the occupation shall be applicable in each area of the United States Zone of Occupation * * *.' 12 Fed.Reg. 6997, Appendix, infra, 72 S.Ct. p. 711. 29 Section 211 of the German Criminal Code accordingly was applicable to petitioner on October 20, 1949. The United States also expressly required that its civilians be tried by its occupation courts rather than by the German courts. United States Military Government Law No. 2, German courts, Art. VI(i)(c) and (d), 12 Fed.Reg. 2191, 2192, Appendix, infra, 72 S.Ct. p. 712. United States Military Government Ordinance No. 2, Art. II(2)(iii), 12 Fed.Reg. 21902191, Appendix, infra, 72 S.Ct. p. 711.
The jurisdiction of the United States Courts of the Allied High Commission for Germany to try petitioner being established, the judgment of the Court of Appeals affirming the discharge of the writ of habeas corpus for petitioner's release from custody is affirmed.
Chronology of Establishment of United States Military Government Courts and Their Jurisdiction Over Civilians in the United States Area of Control in Germany 19451950.
1. June 5, 1945.Allied Powers assumed 'supreme authority with respect to Germany, including all the powers possessed by the German Government, the High Command and any state, municipal, or local government or authority. The assumption, for the purposes stated above, of the said authority and powers does not effect the annexation of Germany.' Declaration by Commanding Generals representing the United States, the Soviet Union, Great Britain and the French Provisional Government, THE AXIS IN DEFEATA Collection of Documents on American Policy Toward Germany and Japan, published by the United States Department of State, p. 63.
2. July 14, 1945.Commanding General, United States Armed Forces in Europe, established a Military Government under his authority in the United States Zone of OccupationMilitary GovernmentUnited States Area of Control, Proclamation No. 1, 12 Fed.Reg. 6997.
'Article II. Except as heretofore abrogated, suspended or modified by Military Government or by the Control Council for Germany, the German law in force at the time of the occupation shall be applicable in each area of the United States Zone of Occupation, until repealed by, or superseded by a new law enacted by the Control Council for Germany, or by Military Government or the states hereby constituted or by other competent authority.' Military GovernmentUnited States Area of Control, Proclamation No. 2, 12 Fed.Reg. 6997.
4. 1946.Military Government Courts, as distinguished from courts-martial, were given jurisdiction over all persons in the occupied territory, including civilians subject to military law and over offenses under the laws of the occupied territory.
'* * * Article II; jurisdiction. (1) Military Government courts shall have jurisdiction over all persons in the occupied territory except persons other than civilians who are subject to military, naval or air force law and are serving under the command of the Supreme Commander, Allied Expeditionary Force, or any other Commander of any forces of the United Nations.
'(i) All offences against the laws and usages of war.
'(ii) All offences under any proclamation, law, ordinance, notice or order issued by or under the authority of the Military Government or of the Allied Forces.
'(iii) All offences under the laws of the occupied territory or of any part thereof.' United States Military Government Ordinance No. 2, Military Government Courts, 12 Fed.Reg. 2190 2191.
5. 1946.German courts were denied jurisdiction in certain criminal cases, including those involving any national of the United Nations or any dependent accompanying any of the Armed Forces of any of the United Nations.
'(d) Any national of the United Nations, or * * *.' United States Military Government, Law No. 2, German courts, 12 Fed.Reg. 2191, 2192.
6. August 18, 1948.United States Military Government Courts for Germany established.
'* * * Ordinance No. 31; United States Military Government Courts for Germany; creation of the courts(a) Article 1; judicial system. A system of courts is hereby established for the United States Area of Control of Germany * * *.
'(c) Article 3; District Courts. (1) A District Court is hereby established for each judicial district within the United States Area of Control.
'(3) Each District Court shall consist of one or more District Judges and one or more Magistrates who shall sit singly except as provided in subparagraph (5) of this paragraph.
'(5) A District Court composed of three District Judges or two District Judges and a Magistrate may hear and decide any civil or criminal case, and, in the latter, may impose any lawful sentence including death. A majority of such Court shall decide any case before it, provided that no sentence of death shall be imposed except by the unanimous decision of the Court.
'(8) Where an accused is charged with an offense under German law, the Court shall be limited to the sentence or other penal provision of such law.
'(g) Article 7, jurisdiction of District Courts in criminal cases. (1) District Courts shall have criminal jurisdiction over all persons in the United States Area of Control except persons, other than civilians, who are subject to military, naval or air force law and are serving with any forces of the United Nations. No person subject to military law of the United States shall be brought to trial for any offense except upon authorization of the Commander-in-Chief, European Command. No member of an Allied Mission, visiting governmental official, or person subject to the military law of any country other than the United States, shall be brought to trial for any offense except upon authorization of the Military Governor.
'(iii) Offenses under German law in force in the Judicial District of the Court.' 14 Fed.Reg. 124, 125, 126.
'Authorization is hereby given for trial of any dependent of a member of the United States Armed Forces or of any dependent of a civilian employee of the Department of the Army for any non-military offenses before the appropriate Military Government Court established by Military Government Ordinance No. 31 unless, in a particular case, this headquarters has directed trial by Court Martial.' Resp.Ex. 4, R. 71.
'1. During the period in which it is necessary that the occupation continue * * * (the occupying powers) desire and intend that the German people shall enjoy self-government to the maximum possible degree consistent with such occupation. The Federal State and the participating Laender (states) shall have, subject only to the limitations in this Instrument, full legislative, executive and judicial powers in accordance with the Basic Law and with their respective constitutions.
'2. In order to ensure the accomplishment of the basic purposes of the occupation, powers in the following fields are specifically reserved * * *.
'(e) Protection, prestige, and security of Allied forces, dependents, employees and representatives, their immunities and satisfaction of occupation costs and their other requirements; * * *.' 14 Fed.Reg. 7457.
'2. The United States High Commissioner for Germany, hereinafter referred to as the High Commissioner, shall be the supreme United States authority in Germany. The High Commissioner shall have the authority, under the immediate supervision of the Secretary of State (subject, however, to consultation with and ultimate direction by the President), to exercise all of the governmental functions of the United States in Germany (other than the command of troops), including representation of the United States on the Allied High Commission for Germany when established, and the exercise of appropriate functions of a Chief of Mission within the meaning of the Foreign Service Act of 1946.
'4. In the event that the High Commissioner shall assume his duties in accordance with this Executive Order prior to the date that the Military Government of the United States Zone of Germany is terminated, he shall during such interval report to the Secretary of Defense, through the Secretary of the Army, and shall be the United States Military Governor with all the powers thereof including those vested in the United States Military Governor under all international agreements.' 14 Fed.Reg. 2965.
10. September 21, 1949.Council of Allied High Commission declared occupation statute to be in force as promulgated May 12, 1949. 14 Fed.Reg. 7456.
'2. The Office of the U.S. High Commissioner for Germany is hereby established as the agency through which the authority vested in the U.S. High Commissioner shall be exercised. Its organization shall be as shown in the attached charts (including U.S. High Commission Courts, Court of Appeals, District Courts), and its functions shall be assigned among its constituent elements as set forth in separate issuances, effective this date.' Office of the United States High Commissioner for Germany, Staff Announcement No. 1, Resp.Ex. 1, R. 67, 68.
12. September 21, 1949.The United States High Commissioner for Germany announced that the United States Courts for Germany, as established by Staff Announcement No. 1 (and previously established as the 'United States Military Government Courts for Germany,' pursuant to United States Military Government Ordinance No. 31) 'form an independent judicial unit responsible directly to the United States High Commissioner. The integrated system provides for district judges and magistrates at the district court level and for a Chief Judge and associate judges of the Court of Appeals.' Office of the United States High Commissioner for Germany, Staff Announcement No. 5, Resp.Ex. 2, R. 69. Similar announcement was made as to the Office of General Counsel and of the Chief Attorney. Staff Announcement No. 6, Resp.Ex. 3, R. 70.
'(b) The Occupation Forces and their members.
'(c) Non-German nationals, civilian or military, who are serving with the Occupation Authorities.
'(d) Members of the families and non-German persons in the service of the persons referred to in subparagraphs (a)(b) and (c) of this paragraph.' Allied High Commission, Law No. 2, Art. 1, 14 Fed.Reg. 7457.
14. September 21, 1949.Transitional Provisions proclaimed by Allied High Commission for Germany adapting existing legislation to the provisions of the occupation statute effective September 21, 1949.
'References in any legislation enacted before the entry into force of the Occupation Statute to the Control Council, the Supreme Commander Allied Expeditionary Force, the Commanding General, the Armed Forces, Military Government, the Military Governor and to other authorities shall, where the context so requires or admits, be deemed to refer to the appropriate authorities exercising the particular functions mentioned in such legislation.' Allied High Commission, Law No. 3, 14 Fed.Reg. 7458.
15. November 25, 1949.Judicial powers were reserved, from the German courts, as to members of families of members of the Occupation Forces, thus bringing them under the jurisdiction of the occupation courts.
'(a)(i) Over the allied Forces; * * *' Allied High Commission, Law No. 13, 15 Fed.Reg. 1056.
16. December 28, 1949 (Effective January 1, 1950).Occupation courts were changed.
"The Courts so created shall be known as the United States Courts of the Allied High Commission for Germany."
'The Court of Appeals shall consist of a Chief Justice and eight Associate Justices."
'Wherever the term 'United States Military Government Courts for Germany' or the terms 'Chief Judge' or 'Associate Judge' or 'Associate Judges' of the Court of Appeals are used in any legislation and regulations now in force, such terms shal be deemed to refer to the United States Courts of the Allied High Commission for Germany and the Chief Justice and an Associate Justice or Associate Justices of the Court of Appeals of such Courts, respectively.' Allied High Commission, Law No. 1, 15 Fed.Reg. 2086.
Petitioner, a United States citizen, is now serving a fifteen-year sentence for murdering her husband. At the time of the alleged crime, she was living in the United States Area of Control in Germany with her husband who was an Air Force lieutenant on active duty in Germany. It appears that the court that tried her and the law she was judged by were not established or authorized by the Congress. Executive officers acting under presidential authority created the system of courts that tried her, promulgated the edicts she was convicted of violating, and appointed the judges who took away her liberty.
The very first Article of the Constitution begins by saying that 'All legislative Powers herein granted shall be vested in a Congress' and no part of the Constitution contains a provision specifically authorizing the President to create courts to try American citizens. Whatever may be the scope of the President's power as Commander in Chief of the Fighting armed forces, I think that if American citizens in present-day Germany are to be tried by the American Government, they should be tried under laws passed by Congress and in courts created by Congress under its constitutional authority.
See United States Military Government Ordinance No. 31, August 18, 1948, 14 Fed.Reg. 124128. See Appendix, infra, 72 S.Ct. p. 712.
"211. (As in force prior to 4 September 1941). Whoever intentionally kills a human being is guilty of murder if the killing was accomplished with premediation, and shall be punished by death.
"211. (As amended 4 September 1941, RGBI I, 549). The murderer shall be punished by death.
"In order to make possible or to conceal another offense.
"If, in especially exceptional cases, the death penalty is not suitable (angemessen), punishment of confinement for life in a penitentiary shall be imposed."
The agreed statement also contains a translation of §§ 44 and 51 of the German Criminal Code providing for reduction of sentence under circumstances which were deemed applicable to petitioner by the trial court.
See Allied High Commission, Law No. 1, Art. 1, December 28, 1949, 15 Fed.Reg. 2086, Appendix, infra, 72 S.Ct. 715.
See United States Military Government Ordinance No. 31, Art. 13, August 18, 1948, 14 Fed.Reg. 127.
See 38 Stat. 10841085, 10 U.S.C. 1452, 10 U.S.C.A. § 1452, and, since May 31, 1951, see Art. 58 of the Uniform Code of Military Justice, 64 Stat. 126, 50 U.S.C. (Supp. IV) § 639, 50 U.S.C.A. § 639.
There was no nonmilitary court of the United States in Germany. She enjoyed the immunity from the jurisdiction of all German courts which had been granted to nationals of the United Nations and to families of members of the occupation forces. United States Military Government Law No. 2, Art. VI (1), 12 Fed.Reg. 2191, 2192, Appendix, infra, 72 S.Ct. p. 712; Allied High Commission, Law No. 2, Art. 1, 14 Fed.Reg. 7457, Appendix, infra, 72 S.Ct. p. 714; Allied High Commission, Law No. 13, Art. 1, 15 Fed.Reg. 10561057, see Appendix, infra, 72 S.Ct. p. 715.
'By a practice dating from 1847 and renewed and firmly established during the Civil War, military commissions have become adopted as authorized tribunals in this country in time of war. They are simply criminal war courts, resorted to for the reason that the jurisdiction of courts-martial, creatures as they are of statute, is restricted by law, and can not be extended to include certain classes of offenses which in war would go unpunished in the absence of a provisional forum for the trial of the offenders. * * * There (Their) competency has been recognized not only in acts of Congress, but in executive proclamations, in rulings of the courts, and in the opinions of the Attorneys General. During the Civil War they were employed in several thousand cases; * * *.' Howland, Digest of Opinions of the Judge-Advocates General of the Army (1912), 10661067.
general, however, it has left it to the President, and the military commanders representing him, to employ the commission, as occasion may require, for the investigation and punishment of violations of the laws of war and other offences not cognizable by court- martial.
For text of General Scott's General Order No. 20, as amended by General Order No. 287, September 17, 1847, authorizing the appointment of military commissions in Mexico, see Birkhimer, Military Government and Martial Law (2d ed. rev. 1904), App. I, 581582. See also, Duncan v. Kahanamoku, 327 U.S. 304, 66 S.Ct. 606, 90 L.Ed. 688; In re Yamashita, 327 U.S. 1, 66 S.Ct. 340, 90 L.Ed. 499; Santiago v. Nogueras, 214 U.S. 260, 29 S.Ct. 608, 53 L.Ed. 989; Neely v. Henkel, 180 U.S. 109, 21 S.Ct. 302, 45 L.Ed. 448; Mechanics' & Traders' Bank v. Union Bank, 22 Wall. 276, 279 note, 22 L.Ed. 871; The Grapeshot, 9 Wall. 129, 132, 19 L.Ed. 651; Cross v. Harrison, 16 How. 164, 190, 14 L.Ed. 889; II Halleck, International Law (3d ed. 1893), 444445. For an example of the exercise of jurisdiction in a murder case by a Provisional Court established in Louisiana, in 1862, by executive order of the President of the United States and an opinion by the Provisional Judge reviewing the constitutional authority for the establishment of his court, see United States v. Reiter, 27 Fed.Cas.No.16,146, p. 768.
While explaining a proposed reference to military commissions in Article of War 15, Judge Advocate General Crowder, in 1916, said, 'A military commission is our common-law war court. It has no statutory existence, though it is recognized by statute law.' S.Rep.No.130, 64th Cong., 1st Sess. 40.
Such as Military Commission, Council of War, Military Tribunal, Military Government Court, Provisional Court, Provost Court, Court of Conciliation, Arbitrator, Superior Court, and Appellate Court. And see Winthrop, op. cit. 803804.
It has been recognized, even after peace has been declared, pending complete establishment of civil government. See Duncan v. Kahanamoku, 327 U.S. 304, 66 S.Ct. 606, 90 L.Ed. 688; In re Yamashita, 327 U.S. 1, 1213, 66 S.Ct. 340, 346, 90 L.Ed. 499; Santiago v. Nogueras, 214 U.S. 260, 29 S.Ct. 608, 53 L.Ed. 989; Neely v. Henkel, 180 U.S. 109, 21 S.Ct. 302, 45 L.Ed. 448; Burke v. Miltenberger, 19 Wall. 519, 22 L.Ed. 158; Leitensdorfer v. Webb, 20 How. 176, 15 L.Ed. 891; Cross v. Harrison, 16 How. 164, 14 L.Ed. 889.
'The authority of the legitimate power having in fact passed into the hands of the occupant, the latter shall take all the measures in his power to restore, and ensure, as far as possible, public order and safety, while respecting, unless absolutely prevented, the laws in force in the country.' 36 Stat. 2306.
'Military government * * * is an exercise of sovereignty, and as such dominates the country which is its theatre in all the branches of administration. Whether administered by officers of the army of the belligerent, or by civilians left in office or appointed by him for the purpose, it is the government of and for all the inhabitants, native or foreign, wholly superseding the local law and civil authority except in so far as the same may be permitted by him to subsist. * * * The local laws and ordinances may be left in force, and in general should be, subject however to their being in whole or in part suspended and others substituted in their steadin the discretion of the governing authority.' Winthrop, op. cit. 800.
U.S.Const., Art. I, § 8, cl. 14.
Article XXXII of the American Articles of War of 1775 was taken from Article XXII of Section XIV of the British Articles of War of 1765. It provided only that 'All suttlers and retailers to a camp, and all persons whatsoever, serving with the continental army in the field, though not inlisted soldiers, are to be subject to the articles, rules, and regulations of the continental army.' (Emphasis supplied.) Winthrop's Military Law and Precedents (2d ed. 1920 reprint) 956, and see 941 and 950. Article 60 of the Articles of War of 1806 was similar. It substituted 'retainers' for 'retailers.' Id., at 981. Article 60 was slightly amended in 1874. By 1916, as Article 63, Congress still provided, as to civilians, merely that 'All retainers to the camp, and all persons serving with the armies of the United States in the field, though not enlisted soldiers, are to be subject to orders, according to the rules and discipline of war.' (Emphasis supplied.) Id., at 991 and see 9899.
'Sec. 30. * * * in time of war, insurrection, or rebellion, murder, assault and battery with an intent to kill, manslaughter * * * shall be punishable by the sentence of a general court-martial or military commission, when committed by persons who are in the military service of the United States, and subject to the articles of war; and the punishments for such offences shall never be less than those inflicted by the laws of the state, territory, or district in which they may have been committed.' (Emphasis supplied.) 12 Stat. 736.
In the codification published as the Revised Statutes of 1874, the incidental reference to military commissions was omitted. Article of War 58 at 234. Petitioner attaches substantial significance to the omission. It seems clear, however, that regardless of what effect, if any, may attach to that omission in its relation to the jurisdiction of military commissions over persons in the military service, it has no effect on the jurisdiction of military commissions over civilians not 'in the military service.' This section of the Act of 1863 was enacted so as to place soldiers who committed certain nonmilitary crimes under the jurisdiction of military courts. See Caldwell v. Parker, 252 U.S. 376, 40 S.Ct. 388, 64 L.Ed. 621. The section did not relate to the jurisdiction of courts or commissions over civilians not in the military service. Cong.Globe, 37th Cong., 3d Sess. 988, 1256, 1377, 1384 (1863). For discussion of the phrase 'in the military service' as used in Articles 58 and 60, see Gen. Crowder's testimony. S.Rep.No.229, 63d Cong., 2d Sess. 104.
In 1920, Article of War 15 was reenacted with the addition of 'by statute or' before the words 'by the law of war'. 41 Stat. 790, 10 U.S.C. 1486, 10 U.S.C.A. § 1486. It was in that form in 1949 and 1950. It was again reenacted May 5, 1950, as the present Article 21 of the Uniform Code of Military Justice, effective May 31, 1951. 64 Stat. 115, 145, 50 U.S.C. (Supp. IV) § 581, 50 U.S.C.A. § 581. The hearings, in 1949, on the latter legislation are of some significance here. They disclosed that the United States Military Government Courts in Germany were then exercising, in the occupied territory, criminal jurisdiction over United States civilians accompanying the Armed Forces. Attention even was called to the recent case of Wilma B. Ybarbo. Like petitioner in the instant case, she was a civilian dependent wife of a member of the United States Armed Forces in Germany, charged with the murder of her husband in violation of the German Criminal Code. She was convicted by the United States Military Government Court for the Third Judicial District. The Court of Appeals of the United States Military Government Courts, March 14, 1949, upheld her conviction, on a lesser charge, and sentenced her to five years' imprisonment. In its opinion, the latter court reviewed the basis for its jurisdiction. United States Military Government v. Ybarbo, 1 U.S.M.G.Court of Appeals 207. See also, Hearings before a Subcommittee of the House Committee on Armed Services on H.R. 2498, Uniform Code of Military Justice, 81st Cong., 1st Sess. 876, 975, 1061. With this practice before them, the Committees of both Houses of Congress recommended the reenactment of Article of War 15 as Article 21 of the new code. They said, 'This article preserves existing Army and Air Force law which gives concurrent jurisdiction to military tribunals other than courts martial.' S.Rep.No.486, 81st Cong., 1st Sess. 13; H.R.Rep.No.491, 81st Cong., 1st Sess. 17.
'(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 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; * * *.' (Emphasis supplied.) 39 Stat. 651, 41 Stat. 787, 10 U.S.C. 1473(d), 10 U.S.C.A. § 1473(d).
In 1916, new Articles 92 and 93 expanded the jurisdiction of courts-martial over murder and certain other nonmilitary crimes so as to cover their commission by any 'person subject to military law'. That phrase, through Article 2, included civilians in the status of petitioner. See note 18, supra. For Articles 92 and 93, see 39 Stat. 664, 41 Stat. 805, 62 Stat. 640, 10 U.S.C. (Supp. IV) §§ 1564, 1565, 10 U.S.C.A. §§ 1564, 1565. See note 16, supra, for the substance of Article 30 of the Articles of War of 1863 and of Article 58 of the Articles of War of 1874.
military commission, which during the Civil War period tried more than 2,000 cases. While the military commission has not been formally authorized by statute, its jurisdiction as a war court has been upheld by the Supreme Court of the United States. It is an institution of the greatest importance in a period of war and should be preserved. In the new code the jurisdiction of courts-martial has been somewhat amplified by the introduction of the phrase 'Persons subject to military law.' There will be more instances in the future than in the past when the jurisdiction of courts-martial will overlap that of the war courts, and the question would arise whether Congress having vested jurisdiction by statute the common law of war jurisdiction was not ousted. I wish to make it perfectly plain by the new article that in such cases the jurisdiction of the war court is concurrent.
'* * * I was influenced to propose the article (15) largely, perhaps, by experience during our second intervention in Cuba. It was not very long after that intervention had been inaugurated until two soldiers were charged with homicide of some natives. There was no civil court of the United States having jurisdiction. Plainly the court-martial could not try them, as the condition was not war. There were two courses open: First, to surrender them for trial before a Cuban court * * * the second course was to utilize the extraordinary authority which inhered in the office of the provisional governor and which extended to the making of laws, to promulgate a special decree creating a provisional court for the trial of these men. This second course was followed, and the accused soldiers were tried by a court composed of officers of the Army, which administered the provisions of the Spanish criminal code. Should we be confronted again with the necessity of intervention, that situation is likely to repeat itself.' S.Rep.No.229, 63d Cong., 2d Sess. 53, 9899.
In that case the military commission's conviction of saboteurs, including one citizen of the United States, was upheld on charges of violating the law of war as defined by statute. 317 U.S. at pages 3538, 63 S.Ct. 1415.
The Government estimates that the United States Area of Control has a German population of about 17,000,000, plus United Nations nationals, including refugees. As of November 30, 1949, it estimates that there were in Germany about 34,000 dependents of members of United States Armed Forces, plus 4,700 civilian employees with 5,000 dependents. Other United States agencies had 4,100 employees in Germany. The occupation courts have been handling at least 1,000 criminal cases a month, including from 25 to 30 cases involving American civilians. See also, general account of the development of the Military Government Courts in Clay, Decision in Germany (1950), 246248.
'(vii) To have the proceedings translated, when he is otherwise unable to understand the language in which they are conducted; * * *.' 12 Fed.Reg. 2191.
United States Military Government Ordinances 32 and 33, code of criminal procedure for United States Military Government Courts for Germany, 14 Fed.Reg. 128133.
'a provisional judge, to hold said court, with authority to hear, try, and determine all causes, civil and criminal, including causes in law, equity, revenue, and admiralty, and particularly all such powers and jurisdiction as belong to the District and Circuit courts of the United States, conforming his proceedings, so far as possible, to the course of proceedings and practice which has been customary in the courts of the United States in Louisiana; his judgments to be final and conclusive. * * * These appointments (of prosecuting attorney, marshal and clerk of the court) are to continue during the pleasure of the President, not extending beyond the military occupation of the city of New Orleans, or the restoration of the civil authority in that city and the State of Louisiana.' (Emphasis supplied.) Mechanics' & Traders' Bank v. Union Bank, 22 Wall. 276, 279 note, 22 L.Ed. 871; and see United States v. Reiter, 27 Fed.Cas.No.16,146, p. 768.
They did not provide for juries. The presentment or indictment of a grand jury required in a federal capital case by the Fifth Amendment to the Constitution of the United States, under the terms of that Amendment, has no application to 'cases arising in the land or naval forces * * *.' The right of trial by jury required in federal criminal prosecutions by the Sixth Amendment is similarly limited. See Ex parte Quirin, 317 U.S. 1, 40, 4345, 63 S.Ct. 1, 16, 1819; Ex parte Miligan, 4 Wall. 2, 123, 138, 18 L.Ed. 281.
'* * * The status of military government continues from the inception of the actual occupation till the invader is expelled by force of arms, or himself abandons his conquest, or till, under a treaty of peace, the country is restored to its original allegiance or becomes incorporated with the domain of the prevailing belligerent.' Winthrop, op. cit. 801.
Cf. Dow v. Johnson, 100 U.S. 158, 166, 25 L.Ed. 632; Ketchum v. Buckley, 99 U.S. 188, 25 L.Ed. 473, as illustrations of the practice of recognizing the existing law of the occupied area; and Winthrop, op. cit. 800.


text:
But first, we'll start with this from the Washington Post.
Supporters of a towering cross-shaped memorial at a busy intersection in Maryland asked the Supreme Court on Monday to prevent the monument from being moved or destroyed.
The Supreme Court has not given clear guidance when it comes to displays of religion on public sites, allowing some monuments with religious content to stand while rejecting others.
At issue in Prince George’s County is a 40-foot-tall cross built in 1925 to honor local men who died in World War I. The marble-and-cement monument was funded by local families and the American Legion but is now owned by a state agency, the Maryland-National Capital Park and Planning Commission.
Veterans memorials are living reminders of the service and sacrifice of those who gave their lives defending our country’s freedom. However, the U.S. Court of Appeals for the Fourth Circuit declared unconstitutional the historic cross-shaped Bladensburg World War I Veterans Memorial, which has stood since 1925 in honor of 49 Bladensburg-area men who died during WWI. First Liberty Institute intervened in the case on behalf of The American Legion whose seal is prominently displayed at the memorial’s center. First Liberty, working with the law firm of Jones Day, filed a petition for rehearing en banc on behalf of The American Legion. The Fourth Circuit denied the en banc petition. First Liberty and Jones Day will appeal to the U.S. Supreme Court.
1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross.
2. Whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway, or some other test.
3. Whether, if the test from Lemon v. Kurtzman, applies, the expenditure of funds for routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
I'm going to go through each of these questions briefly.
Question 1 deals with whether a "per se" rule exists. In other words, does a cross ALWAYS run afoul of First Amendment jurisprudence, or does the feel of the whole area, context and other conditions factor in.
The Supreme Court has consistently declined to interpret the Establishment Clause in a way that would sweep away the countless references to religion “that run through our laws, our public rituals, [and] our ceremonies.” To the contrary, it has acknowledged that, when the state “respects the religious nature of our people and accommodates the public service to their spiritual needs,” “it follows the best of our traditions.” Accordingly, official acknowledgments of religion—including in the form of memorial crosses on public property—must be judged by their place in our nation’s history and traditions and by the context in which they appear.
Question 2 then starts by noting that there are three Supreme Court cases that all have different conclusions and logic, and suggests that to square all of them will (possibly) create a fourth "some other test" to figure it all out.
But. while Lemon has some judicial longevity, it is befuddling not just to non-lawyers, but no one even precisely understands it within the legal community, which is why this case made it thus far without resolution.
In Van Orden v. Perry, this Court considered whether a Ten Commandments monument on the Texas State Capitol grounds violated the Establishment Clause. 545 U.S. 677 (2005). After holding that the Lemon test was “not useful in dealing with the sort of passive monument” at issue, a plurality of this Court looked instead to “the nature of the monument and  our Nation’s history.” Id. at 686 (plurality opinion). The plurality found the Decalogue’s “undeniable historical meaning” for the nation—highlighted by nearby monuments evoking national history—placed it in “the rich American tradition of religious acknowledgments” which do not violate the Establishment Clause. Id. at 690.
Again, the court in this case used Lemon in deciding that the Bladensburg Memorial was unconstitutional, while those supporting it believed that Van Orden was more proper, in that the Memorial is passive (i.e. it's been there for 90+ years and doesn't involve someone doing anything affirmative to reinforce its meaning) and historical.
Most recently, in Town of Greece v. Galloway, the Court reaffirmed that the practice of legislative prayer is permissible under the Establishment Clause. In doing so, the Court relied on “our history and tradition,” which demonstrate that legislative prayer can “coexist with the principles of disestablishment and religious freedom.” Significantly, even though the prayers at issue in that case had sectarian content, the Court concluded that their “religious themes provide[d] particular means to universal ends” and that they therefore could “still serve to solemnize the occasion.” Id. at 1823. The dissenters did not reject this premise; instead, they dissented on the fact-intensive grounds that the town had “failed to make reasonable efforts to include prayer givers of minority faiths.” In doing so, they were careful to acknowledge the value of overtly religious traditions.
But, as question 3 notes, even if the court thinks that neither Van Orden or City of Greece is the appropriate standard, do the actions of the state in mowing the grass and keeping the lights on result in "excessive government entanglement" under the Lemon Test?
Note again how we got here...The Memorial was privately funded, privately owned, privately erected and privately maintained for 40 years before a highway grew out of existing roads, and this monument ended up in the middle of it. The only reason the government (State of Maryland) took control of it was because it was unsafe to have people mowing it and everything else without safety precautions that necessitated the state assistance anyway.
The decision below flouts the “benevolent neutrality” called for by the Establishment Clause. It instead mandates a “‘brooding and pervasive’” discrimination against “all that in any way partakes of the religious,” singling out symbols with religious significance for condemnation even when used to pursue plainly secular purposes. Not surprisingly, the Fourth Circuit’s decision directly conflicts with decisions from the Second, Fifth, and Tenth Circuits, which have recognized that, notwithstanding a cross’s obvious religious significance, a government may use a cross to reflect secular, historical events with which a cross has become associated.
Left undisturbed, the decision below will have enormous consequences. Most immediately, it will require the state government to destroy or disfigure the Memorial itself—during oral argument, the author of the panel opinion twice suggested cutting off the arms of the cross to remedy the perceived violation. But it will also render unconstitutional the two principal WWI memorials in Arlington National Cemetery, which likewise are freestanding crosses residing in the Fourth Circuit. Further, the decision casts doubt on hundreds of similar monuments using crosses to commemorate lives lost in war, and the many other ways crosses have been used to solemnize or commemorate secular events throughout our Nation’s history.
The decision below, however, is not simply a result of the Fourth Circuit’s misunderstanding of the law, but is a product of the confused state of this Court’s Establishment Clause jurisprudence. As most Justices of this Court have observed, and as the District Court here recognized, “Establishment Clause jurisprudence is a law professor’s dream, and a trial judge’s nightmare.” Indeed, the Court’s failure to provide clear standards has led to disagreement among the circuits about such basic matters as what test to apply, whether displays should be evaluated from the perspective of a passing motorist or a historically-informed observer, and whether merely owning and maintaining a display constitutes an “excessive entanglement” with religion.
Replace the cross-shaped memorial with something that has no religious significance. Not all who serve(d) are Christian, and this statue is not a "passive display." Mixing religious iconography with military memorials can be seen as a governmental endorsement of a particular faith. It's best to remain neutral and secular in situations such as this.
I completely agree with Chad.
I completely agree with Chad. We should not be wasting our resources defending a religious monument. It's bad enough we're stuck with a quasi-religious motto (which needs to be updated), we don't have to throw good money after bad by wasting time fighting for something not everyone believes in.
The Washington Monument is based on the Egyptian Obelisk, which itself honors the Sun God Ra. Presumably you think that also should be torn down or no?
Is anyone currently worshiping Ra, or using ancient Egyptian mythology to dictate legislation? That was a laughable comparison, sir.
So whether a religion is disfavored would be due to how many practioners there are? That's a pretty bad slippery slope, but if you can find me a Supreme Court precedent that states that I will concede.
You are wrong my friend, it is a good comparison. I don't like the idea of having an Egyptian symbol in my country. Get rid of it! Some people worship cows. When I drive in the country, I see cows, they offend me. Get rid of all cows! The asp was a icon of Cleopatra and I don't think we should have snakes as icons. Get rid of all asps! Some people worship other people, movie stars, members of a rock and roll group, that offends me. Get rid of all people! Anyone think I would be a good member of the "nutsy" idiots out there? By the way, anyone who thinks I was as serious in the above ramblings, let me tell you my cheek is sore from my tongue being pressed hard against it.
There are plenty of Freemasons and various occultic groups that are spinoffs of Crowley that certainly buy into the religious-mystical symbolism of Egypt. It's a phallic-fertility symbol, ultimately, that is aligned at a particular point with Sirius (you can do your own research on why). But, regardless of all that, it is part of the country's historical record that each state had an official church and used the Bible in its schools. The "separation of church and state" is no where in the Constitution and was used by secularists to conduct a silent war against Christianity. The principled posturing of so-called enlightened, liberalism that seeks some sort of Rawlsian agnosticism regarding metaphysical commitments regarding the good or "ultimate things," is laughable. It is psychological warfare aimed at erecting a monstrosity in the absence of the Cross -- see the Soviet Union for more.
Tell that to thw WW1 victims families. You have the right to your opinions, but that right was fought for the people who served and died for that right. Now for my opinion. Your an IDIOT.
If you don’t like the foundations of our country.
If you don’t like the foundations of the country that my fellow servicemen and women fought for please start a “Go Fund Me” page so you can permanently leave. And oh by the way it is “Freedom of Religion” NOT Freedom FROM Religion!! Get a grip!
This in no wise contravenes the establishment clause. The memorial was built on private property, with private funds. That the entity that built it has gone, the memory remains the same. That a governmental agency has inherited the monument matters not at all. The government is merely a caretaker for those who are being honored, and remembered.
Anyone who can construe this as an endorsement is way off base.
Why not just move it to private property, as is being done w/ some Southern Civil War monuments?
does a local AL or VFW have some space on their lawns? One would think either would be glad to adopt it.
A cross is a symbol of death. Many people in history died on a cross, secular and christian.
You are almost right in that we should not be wasting resources defending a memorial that is currently there. The fools are the ones who started this mess. Religious belief notwithstanding, leave it up and go cry about something else. When we stop being the nation that has all been "created" (by whom???) equal, then start removing anything that honors God so that we may receive our just reward.
I stand with the American Legion when they say let the Gold Star Mother's Memorial stay as is, where it is. These women had this memorial erected on then private property with private funds to memorialize the loss of their sons during war.
You are both fools. Not all who serve are Christian that is true. So when they build a something to their faiths fallen we can let it stand too. We do not need to tear everything in history down to fit your current feelings.
For those who would want this memorial removed need only read the comments. It's too bad that our government runs scared from the mindless who want all religions removed along with American flags. What we need are strong judges and representatives of the people. Americans who are not afraid to say, "enough is enough". I fought for our flag and religious freedom. If you want a "soap box", stop the Muslim's from praying in the streets surrounding Times Square which is only done yearly. If you cannot do that, do something useful with your lives. Stop bitching! Do something useful for your country or find another one.
These brave hero’s and many others through the years died so that unamerican individuals could look at something like this and be offended. Heck we might as well raze ARLINGTON National Cemetery while we are at it. Do us all a favor and go find another country to live in that has more freedom and a better quality of life than the USA.
Next you are going to want ALL the crosses on gravesites removed from the WWII vets who died for this country and are buried in France! GIVE IT A BREAK! It hurts NOBODY. over 90 years no problem. Why is it now? I bet more money has been spent in the past few years pushing and fighting this lawsuit than the LOCAL government has paid in the 50+ years!
As others said, let the legion pay to maintain it. Lease the plot of land that is 50' around it in all directions to them for $1 a year!
They'd have a field day with all those crosses.
You go to Arlington National Cemetery you see crosses everywhere from those that have sacrificed their lives for freedoms that we are privileged to have. So if they tear down this statue that also symbolizes the sacrifice of WW1 soldiers- are they going to tear down every cross at Arlington and other state Veterans cemeteries that are used to symbolize the sacrifices of those that lost their lives? Leave these monuments alone no matter what they are. If we have to see the vaginas and what not around why can’t they ( liberals and millennials) leave history alone???!!!
I have seen many of these cases and I have wondered why they are just about always against the Christian cross. I have seen memorials that contain the Star of David or a Menorah or one of the symbols of Islam. Why do they get to stay and the Christian ones have to go?
If the cross represents a Geodetic Survey Azimuth Mark as recorded with USGS, then any attempt or damage to the monument is a federal crime.
I don't get it! It's a memorial to WWI veterans, it has nothing to do with religion or the government. If you dislike veterans and religion, then you need to get the he'll out of my country.
Simply offer to buy the associated land and then it will be private property. Then the Legion would need to support and maintain it. That way the government and anybody that opposes such things will not have much say in the matter. Setup a separate 501 just for this memorial and solicit donations for it's upkeep. Your goal would be to get enough donations to set up the "foundation" and then the tax exempt interest would be used to fund maintenance and any repairs.
The first thing a group does when taking over a country is destroy the the history. (like ISIS does) These actions of statues are the equivalent of burning books. Wake up people! We are losing our country a little piece at a time.
We have freedom OF religion, NOT freedom FROM religion!!!
So they started with Civil War Memorials. Now WWI...what's next....WWII, Korean, Viet Nam, Iwo Jima, etc. etc., etc.???
Yes Audrey, sadly it is ONLY the beginning. Once someone was able to sway enough public opinion to have a certain type of memorial removed, then the end was now in site for all the other representations meant to memorialize the fallen military throughout time.
Seems to me that actually allowing a "symbol" to represent some type of meaning makes that symbol the eventual target of people who are offended with "EVERYTHING"
I'm willing to bet that even if the state cow-towed to the demands of the few people offended by this memorial. Those same people would be outraged at the expense they would incur by the removal or changes made to this memorial.
There is just NO WAY to satisfy everyone. Perhaps we would have been better off letting the Nazis win?
I come from several generations of veterans , thank God they all made it home . If you try to erase history it will repeat it's self . Who's going to do what they did for our freedoms ? Enough already , Love it or leave it GOD Bless America...…..
So why after 93 years the Bladensburg WWI Veterans Memorial has suddenly become an eyesore and has to be destroyed? Makes no sense.
because a new highway was just built and the land its, now owned by govt not private citizens, on now being maintained w tax dollars not private funds. Not that I agree in any way with it being removed, i was just answering your question as to, why now?
See if the state agency who own the property will sell it to the local legion for $1, then volunteers can take care of it since it would be on private property. Then pass out boxes of tissues to catch the liberal tears.
but that's what liberal U. S. Constitution hating left wants. Same applies to the crap on removal of Civil War memorials, these nut jobs cannot change history. As for WW1 my grandfather took 3 German MG bullets(plus mustard gas) 1 bullet went to his grave with him and for WW2 my dad left part of his skull on Arzew Beach Head, Algiers, North Africa. If scumbags don't respect veterans or religion then get the Hell out of my country. We have been here since 1632 and have fought in every conflict since.
Our government and its law makers should learn that our country is baced on the intent of the law with the letter of the law explaining the theory. If the time has come when the law makers dictate our lives and not us dictating to the law makers we may be in line for another large scale disagreement . I may be 65 and have slowed a bit however I have protected myself by returning fire on my property a couple of times and have gone past being afraid of a dictating government . God protect our country with all beliefs as we are one when it comes to freedom from oppression.
Separation of Church and State rules!
Separation of Church and State? The Government does not have the right or authority to define religion.
There is no definition of religion in the constitution. It merely gives us all the right to worship as we please. The government cannot dictate what or how we do it. The constitution also states that any power not specifically granted to the Federal Government by the constitution belongs to the States. The only way that Congress can change that requires ratification or two thirds of the states.
Molon Labe - USMC 1973-1977 - Semper Fidelis! May we never forget their sacrifice, and may we always remember those who dishonor their memory and sacrifice, and deal justly with them.
Those who want to rewrite American history face the unfortunate fact that so many Americans have given their lives for the values that now others are at liberty to question. However, rewriting history tends to mean that we have to erase the sacrifice of those who served and died. This is neither right nor prudent in my opinion. Erasing elements of our society that function to bring meaning and cohesion to our society - simply because some members of society take issue with an expression - is fundamentally flawed. Perhaps those who prefer peace to war were to take issue with monuments to fallen soldiers from all of our past wars, police actions, and peace-keeping missions, could a case be made to erase them? Or, would it be better to learn from them while honoring the sacrifices of those who gave their last breath to the promise of what America was in the process of becoming? Tails wagging dogs prove disfunction. Removing monuments in the name of "Separation of Church and State" fails to understand that such a phrase is neither in the Constitution for which so many fought and died to support, and changes the force of what the Constitution actually says to the detriment of all.
If you do not believe in God, than it is not a symbol but art work, I am not a fan of Whorl's work, but would never ask that it be removed. It is only a symbol if you have a belief in it. Those who do not believe in religion this cannot be a symbol because it has to have meaning for it to be a symbol. A cross has many meanings religion is one of them. This cross is a symbol for those fallen in WW I, if you do not believe in God than this is not a symbol but art work. A cross was also used as hate crime by the KKK,I can tell you for a fact, that those cross did not have any religious meaning, other than pure hate. should we than say all crosses have that same meaning? I think not, There has to be some kind of history and meaning behind it to make it a symbol. Once again for nearly 100 years this cross is a symbol for men who died defending the world. Not just this nation. This cross should stand based on the meaning of the symbol and history. (which if a symbol of those defending the world is offending to you. I truly feel sorry for you) not because it is a cross. Unlike the confederate statues which where placed well after the Civil war for the symbol of reminding people of who is in charge and it was used to intimidate. This symbol is to honor those who gave their life for those oppressed.
TO HONOR THOSE WHO HAVE SERVED AND THOSE WHO HAVE GIVEN ALL WHEN NEEDED. IT IS NOT ABOUT EACH AND EVERY PERSONS DESIRES TO OBJECT TO THEIR SELFISH WHIMS. IF YOU SERVED AND EARNED YOUR RIGHTS , GOD BLESS YOU AND THOSE WHO HAVE. IF NOT THINK ABOUT THANKING THOSE WHO HAVE PROTECTED THE RIGHTS YOU AND YOURS ENJOY.

matches: v. v. v. v. v. v.


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Pegmatite #71 on Malyi Punkaruaiv Mt.
40 valid minerals. 6 (TL) - type locality of valid minerals.
Reference: Pekov, I.V. (2000): Lovozero Massif. Moscow, Ocean Pictures Ltd, 480 pp.; Yakovenchuk, V. N., Ivanyuk, G. Y., Krivovichev, S. V., Pakhomovsky, Y. A., Selivanova, E. A., Korchak, J. A., ... & Zalkind, O. A. (2011). Eliseevite, Na1. 5Li [Ti2Si4O12. 5 (OH) 1.5]∙ 2H2O, a new microporous titanosilicate from the Lovozero alkaline massif (Kola Peninsula, Russia). American Mineralogist, 96(10), 1624-1629.
Reference: Pekov, I.V. (2000): Lovozero Massif. Moscow, Ocean Pictures Ltd, 480 pp.
Reference: DAN-SSSR (1954) 96/3, 613-616; Pekov, I. (1998) Minerals First discovered on the territory of the former Soviet Union 369p. Ocean Pictures, Moscow; Pekov, I.V. (2000): Lovozero Massif. Moscow, Ocean Pictures Ltd, 480 pp.; Yakovenchuk, V. N., Ivanyuk, G. Y., Krivovichev, S. V., Pakhomovsky, Y. A., Selivanova, E. A., Korchak, J. A., ... & Zalkind, O. A. (2011). Eliseevite, Na1. 5Li [Ti2Si4O12. 5 (OH) 1.5]∙ 2H2O, a new microporous titanosilicate from the Lovozero alkaline massif (Kola Peninsula, Russia). American Mineralogist, 96(10), 1624-1629.
Reference: Yakovenchuk, V. N., Ivanyuk, G. Y., Krivovichev, S. V., Pakhomovsky, Y. A., Selivanova, E. A., Korchak, J. A., ... & Zalkind, O. A. (2011). Eliseevite, Na1. 5Li [Ti2Si4O12. 5 (OH) 1.5]∙ 2H2O, a new microporous titanosilicate from the Lovozero alkaline massif (Kola Peninsula, Russia). American Mineralogist, 96(10), 1624-1629.
Reference: DAN-SSSR,(1939) 22, 259-263; Pekov, I. (1998) Minerals First discovered on the territory of the former Soviet Union 369p. Ocean Pictures, Moscow; Yakovenchuk, V. N., Ivanyuk, G. Y., Krivovichev, S. V., Pakhomovsky, Y. A., Selivanova, E. A., Korchak, J. A., ... & Zalkind, O. A. (2011). Eliseevite, Na1. 5Li [Ti2Si4O12. 5 (OH) 1.5]∙ 2H2O, a new microporous titanosilicate from the Lovozero alkaline massif (Kola Peninsula, Russia). American Mineralogist, 96(10), 1624-1629.
Reference: Pekov, I. (1998) Minerals First discovered on the territory of the former Soviet Union 369p. Ocean Pictures, Moscow; Yakovenchuk, V. N., Ivanyuk, G. Y., Krivovichev, S. V., Pakhomovsky, Y. A., Selivanova, E. A., Korchak, J. A., ... & Zalkind, O. A. (2011). Eliseevite, Na1. 5Li [Ti2Si4O12. 5 (OH) 1.5]∙ 2H2O, a new microporous titanosilicate from the Lovozero alkaline massif (Kola Peninsula, Russia). American Mineralogist, 96(10), 1624-1629.
Reference: Trud.Inst.min.geokh.cryst. redkikh elementov,(1957) 1, 41-59; Pekov, I. (1998) Minerals First discovered on the territory of the former Soviet Union 369p. Ocean Pictures, Moscow; Pekov, I.V. (2000): Lovozero Massif. Moscow, Ocean Pictures Ltd, 480 pp.; Yakovenchuk, V. N., Ivanyuk, G. Y., Krivovichev, S. V., Pakhomovsky, Y. A., Selivanova, E. A., Korchak, J. A., ... & Zalkind, O. A. (2011). Eliseevite, Na1. 5Li [Ti2Si4O12. 5 (OH) 1.5]∙ 2H2O, a new microporous titanosilicate from the Lovozero alkaline massif (Kola Peninsula, Russia). American Mineralogist, 96(10), 1624-1629.
Reference: Pekov, I. (1998) Minerals First discovered on the territory of the former Soviet Union 369p. Ocean Pictures, Moscow; Pekov, I.V. (2000): Lovozero Massif. Moscow, Ocean Pictures Ltd, 480 pp.; Yakovenchuk, V. N., Ivanyuk, G. Y., Krivovichev, S. V., Pakhomovsky, Y. A., Selivanova, E. A., Korchak, J. A., ... & Zalkind, O. A. (2011). Eliseevite, Na1. 5Li [Ti2Si4O12. 5 (OH) 1.5]∙ 2H2O, a new microporous titanosilicate from the Lovozero alkaline massif (Kola Peninsula, Russia). American Mineralogist, 96(10), 1624-1629.
Reference: Pekov, I.V., Lykova, I.S., Chukanov, N.V., Yapaskurt, V.O., Belakovskiy, D.I., Zolotarev, A.A., Jr., Zubkova, N.V. (2014): Zvyaginite NaZnNb2Ti[Si2O7]2O(OH,F)3(H2O) 4+x(х<1) a new mineral of epistolite group from Lovozero alkaline massif (Kola Peninsula, Russia). Zapiski RMO, 143, 45-63. ; Yakovenchuk, V. N., Ivanyuk, G. Y., Krivovichev, S. V., Pakhomovsky, Y. A., Selivanova, E. A., Korchak, J. A., ... & Zalkind, O. A. (2011). Eliseevite, Na1. 5Li [Ti2Si4O12. 5 (OH) 1.5]∙ 2H2O, a new microporous titanosilicate from the Lovozero alkaline massif (Kola Peninsula, Russia). American Mineralogist, 96(10), 1624-1629.
Reference: IMA website - Proposals approved in July 2008; Yakovenchuk, V. N., Ivanyuk, G. Y., Krivovichev, S. V., Pakhomovsky, Y. A., Selivanova, E. A., Korchak, J. A., ... & Zalkind, O. A. (2011). Eliseevite, Na1. 5Li [Ti2Si4O12. 5 (OH) 1.5]∙ 2H2O, a new microporous titanosilicate from the Lovozero alkaline massif (Kola Peninsula, Russia). American Mineralogist, 96(10), 1624-1629.
Reference: Pekov, I.V., Lykova, I.S., Chukanov, N.V., Yapaskurt, V.O., Belakovskiy, D.I., Zolotarev, A.A., Jr., Zubkova, N.V. (2014): Zvyaginite NaZnNb2Ti[Si2O7]2O(OH,F)3(H2O) 4+x(х<1) a new mineral of epistolite group from Lovozero alkaline massif (Kola Peninsula, Russia). Zapiski RMO, 143, 45-63.
Pekov, I.V., Lykova, I.S., Chukanov, N.V., Yapaskurt, V.O., Belakovskiy, D.I., Zolotarev, A.A., Jr., Zubkova, N.V. (2014): Zvyaginite NaZnNb2Ti[Si2O7]2O(OH,F)3(H2O) 4+x(х<1) a new mineral of epistolite group from Lovozero alkaline massif (Kola Peninsula, Russia). Zapiski RMO, 143, 45-63.

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