Page:Federal Reporter, 1st Series, Volume 8.djvu/99

IN SB WALIi. 85 �eflfect." Harvey v. Tyler, 2 Wall. 328; Warren Manuf'g Co. v. Mtna Ins. Co. 2 Paine, 501. The act is not in terms retrosijectiva. It cannot be presumed, in the absence of express terms, that it was the intention of the legislature that the act should apply to a company which had abandoned business in 1861, and thai; it should be con- striied to provide that the adminljtrator of an agent who had died before the passage of the act, and whose powers terminated in 1861, was clothed with power to accept service in 1878. Such a construc- tion of the statute is not permissible unless language is used which admits of no other construction. �In my opinion the state court of Virginia had no jurisdicilon of the defendant. Judgment should be entered for the defendant. ���In re Wall, a Minor, eto. (Oireuit CovH, Di Maaacha etts. July 2, 18S1.) �1. MmoR— OoNTRACT OF Enlistment — AvomANCB. �A minor's contract of enlistment is voidable only, and not void. If, after en- listment, he commits a military oflence, is actually arrested and in course of trial before the contract is duly avoided, he may be tried and puaished �2. Samb. �Where a minor enlists in the marine corps of the United States, deserts his post and goes home, is arrested and in course of trial before the contract of en- listment is avoided by him, hdd, that the trial must be proceeded with. �Appeal. �Brown e Alger, for petitioner. �Geo. P. Sanger, Jr., Asst. Dist. Att'y, for the United States. �LowELL, C. J. John B. Wall was enlisted in the marine corps of the United States, January 28, 1879, taking the usual oath that he was upwards of 21 years old. He served with acceptance, and was com- mended and promoted. In March, 1881, being then stationed at the navy-yard, in Charlestown, he deserted his post at night and went home to hisfriends. Hewas arrested in May, 1881, as a deserter, and his case being reported to the secretary of the navy at Washmgton, an order was sent by him to call together again a general court-martial which had lately been sitting, and to try Wall for desertion. This order was received May 11, 1881, at about 9 o'clock in the forenoon, At noon of the same day a writ of habeas corpus was served on Colonel Hebb, the officer commanding the marines at Charlestown. �Upon the hearing before Judge Nelson, in the district court, these facts appeared ; and also that Wall was under 18 years of age when he ��� �