The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-03-31
suureme Court on Connccticut.
SupTeHa CUHrt OF OUHHcVetc"V'
IMPORTANT opINIoN-SURGEoHS IN CHARGE or MILL
TARY HOSPITALS ARE MILITARY COMMANDERS, AM
CAN LEGALLY ORDER THE IMPRISONMENT OF DISC
BaDIENT NURSES. TrC.

IMPORTANT opINIoN-SURGEoSS IN CHARGE or MILL
TARY HOSPITALS ARE MILITARY COMMANDERS, AND
CAN LEGALLY ORDER THE IMPRISONMENT OF DISC.
BRDIENT NURsgS. rrC.
Belo o Hon Judge Du.ton
Ed,Qin L. Benntt r A Jeue -Io this case the de
PENDANT return substance that ho surgeon 10
the United States Army having the charge and command
of knight Hospital in New Haven by authority OF the
President, OF the Uuted states That the petitioner volun
tar!y enlisted as ia the army OF the United
states; that he said service In said hospital and
that having been guilty OF dsobedenoe of orders and
other misconduct he was and Is lawfully confined by tho
respondent In the guardbouse said hospital and that
the respondent ready to relieve the petitioner from
confinement whenever be will to duty. The peti-
touer denies the right OF the respondent to exercise
authority over him az the hospital, and this s
the only question which thought necessary to decide
some evidence was offered by the petitioner tending to
show that the Imprisonment OF the petitioner was IN
reasonable and attended with circumstances OF aggrava
ton and cruelty which the respondent claimed he was
ready to dsprove but it s red out as not involved IN
tho issue. The RESPONDENT introduced evidence o.
hIs appointment as surgeon and commander IN
the hospital that che petitioner. contrary 70 an
order Of the respondent wiuly lett the hospital without
pass. and that ne refused 70 ooey aa o.oes
comply with the order. This was not denied oy the
petitioner although he claimed that the order was unea
aonabe The respondent introduced tho original enlist
ment Of the petitioner dated April a. 1868. under seal
in which he agreed to serve IN the Army OF the United
other duties in connec.on with the sick and wounded or
the army al might required OF him by the medical
authorities and obey all orders efnanatng from them
"a ia service for the period OF one year, &c
10 the ornion Of this Court the petitioner was under the
military command Of the respondent and subject TO
military discipline by him For dsobedience Of orders
and disordery conduct the respondent had right TO
coulpe him in the guardhouse This Court on this ap-
ncaton cannot inquire int the mode or circumstances
of that ,mprisonmeut. The enlistment ~ tbs case was
IN form provided by the Secretary OF War The regu
jaton az hospitals undoubtedly subject to hs control
II has been urged by the counsel for the petitioner
ciaIy authorizing the enlistment 10 this form
OF nurses. No particular statute Ia deemed 10
be necessary. War must necessarily be. attended
with sickness and wounds, aud the sick aud wounded
mander In hospital strict rules are absolutely neccs
sarv for the preserv Of life. Il would be absurd to
suppose that could refuse nt his own caprice 10
MD in tho ammunition OF limb or for the purpose OF re-
lievipg himself from labor leave scs soldier 70 de
from want OF attention. In private lfe these Offices
may safely lett to the voluntary Kindness o. relatives
and friends but no. hospital IN Time 0! war The
comfort and safety OF the suffering requires the Gu
oyment OF the highest military authority on the part OF
the surgeon TIE surgeon General of the United states
has therefore very properly approved this power and
communicated il his subcrdinates There Is another
view Of this case which, 10 the opinion OF the CaOt IS
dcciaiye The petitioner, az we have seen, signed al
instrument under seal agreeing serve D tho army ~
nurse aud TO OBEY orders of the medical authorities.
He now asks 20 be relieved from that obligation. The
s.,Jnp that he would not have obtained the
situation without this agreement He has voluntarily
submitted himself 70 military authority. With what
propricty then he apply TO cortland ask II to aid
him 10 vic ate his own agreement IL has been repeat
edy held and is believed. that father who has con
scented the enlistment OF son under eighteen IS not
en- titled 10 the discharge Of that son. although the son
pot military subject The petition must be brought "
some one who IL not estopped by hs Own acts Ihis
writ N lat therefore be dismissed