Meyer v Epsom [1965] TTLawRp 11; 3 TTR 54 (15 June 1965)

3 TTR 54

JOHN M. MEYER, JR.,
Petitioner

v.

GEORGE A. EPSOM,
Respondent

Civil Action No. 262
Trial Division of the High Court
Marshall Islands District

June 15, 1965

See, also, 3 T.T.R. 586

Habeas corpus proceeding on Kwajalein Island. Evidence established that petitioner, after being released on bail pending appeal of criminal convictions, was subjected to restrictions ordered by United States Army beyond those ordinarily placed upon persons in petitioner's position as civilian employee on Kwajalein Island. The Trial Division of the High Court, Chief Justice E. P. Furber, held that petitioner was illegally restrained of his liberty in violation of Trust Territory law, in that he was denied substantially more of benefits of release on bail than shown to be justified under all the circumstances.

Writ sustained.

1. Trust Territory – Immigration

Since Trust Territory of the Pacific Islands is strategic trusteeship, entry into it by noncitizens is forbidden without permission of United States as administering authority. (T.T.C., Sec. 667)

2. Trust Territory – Kwajalein

Army authorities have wide discretion in dealing with persons on Kwajalein Test Site as many activities carried on there are of classified and sensitive nature.

3. Trust Territory – Kwajalein

Since Kwajalein Test Site is part of Trust Territory of the Pacific Islands, Trust Territory laws apply there. (T.T.C., Sec. 35)

4. Trust Territory – Kwajalein

Army has right to put person released on bail of Kwajalein Test Site if it so desires provided this is done in reasonably safe manner without use of any more force than reasonably necessary.

5. Bail and Recognizance – Kwajalein

Individual cannot reasonably be restricted to small part of area he was formerly allowed use of on Kwajalein Island, in manner closely approaching modified form of house arrest, while he is supposed to be at liberty on bail.

6. Bail and Recognizance – Kwajalein

Individual released on bail on Kwajalein Island should not be expected to leave jurisdiction without consent of surety on bail bond who, under ordinary principles of American law, would be entitled to prevent his leaving jurisdiction.

7. Bail and Recognizance – Generally

As matter of bail is well understood in United States and entirely foreign to Micronesian customs, incidents and effect of release on bail must be construed in accordance with American principles.

8. Bail and Recognizance

General understanding of bail in United States is to permit person so released to go at large and not be cut off from his normal contacts with society, subject to sureties' authority over him and their right to prevent his leaving jurisdiction.

9. Military – Authority Over Civilians

Even under martial law, power of military over persons not in military service is limited to reasonable necessities of the occasion.