United States ex rel. Klinger v. Commandant, United States Disciplinary Barracks

This case raises the question of the right of the military to try in a military court in a foreign country, a civilian employee of the military.

*192 The prisoner, Louis B, Varney, was employed as a Department of the Army civilian pn 26 February 1952, Thereafter he was transported by the Army to Japan, where' he arrived on 4 March 1952. He was assigned upon arrival to the Engineer Section of the Yokohama Engineer Depot, Maintenance Division, APO 503. His status as a Department of the Army civilian employee accompanying. the Army in Japan was not changed, at least until after his trial by general court-martial.

In accordance with the provisions of Article XVII of the Administrative Agreement Under Article III of the Security Treaty Between the United States of America and Japan, the prisoner was brought to trial before an Army general court-martial in Tokyo, Japan, for violation of several Articles of the Uniform Code of Military Justice, 50 U.S.C.A. § 551 et seq. The prisoner was found guilty of violation of a general regulation prohibiting certain commercial activities and violation of a general regulation prohibiting certain importation into Japan, both in violation of Article…