Charles Evans Whittaker

“ In the exercise of that granted power, Congress has promulgated rules, the Uniform Code of Military Justice, for the government of the 'armed forces' and, to that end, has deemed it necessary, as witness Article 2 (11) , to include persons 'employed by' those forces when 'outside the United States'-where our civil courts have no jurisdiction and do not exist-in times of both peace and war. ”

“ Counsel for the convicted employees argue, with the citation and force of much history, that even if civilians 'serving with (or) employed by' the armed forces are subject to the military power of courts-martial, such could be so only in respect of offenses committed while those forces are 'in the field.' Some of the early Articles of War limited military jurisdiction over certain civilian employees to the period when the army was 'in the field.' [25] What is really meant by the term 'in the field'? ”

“ They are so intertwined with those forces and military communities as to be in every practical sense an intergral part of them. On the other hand, civilian dependents 'accompanying the armed forces' perform no services for those forces, present dissimilar security and disciplinary problems, have only a few of the military privileges, and generally stand in a very different relationship to those forces than the civilian employees. ”

“ In the light of all the facts, it would seem clear enough that Congress could rationally find that those persons are 'in' those forces and, though there be no shooting war, that those forces, in turn, are 'in the field' ”

“ In the 1916 general revision of the Articles of War, Congress used language which is substantially equivalent to that of Article 2 (11) , [22] and it appears it did not consider that any new concept was being adopted. ”