Carson daily appeal. [volume] (Carson City, Nev.) 1873-1877, 1873-04-24

SONR POINTS il the BOgaTe case IL
decided by Judge SAWYER and con-
currel in by Judge Hoffman. are
herewith presented for the edifica-
ton of such of our readers AS feel
an interest in the deciding Of infrl-
cate and rnusnal law questions
We quote from the report OF the
proceedings in the Q. S. Circnit
Cont. san Francisco, on Mnncav
last. as given by the Chronicle OF
that city: After deciding that the
prisoner was in the service ut the
limited States at the time the al
loved Off.use was committed. and
conceding that the proceedings
against him begun and carried on by
the Navy Department were and are
regular the Court says:
fla naval court martial has at this
time authority Ia try offenses ciiarS
ed when committed by party hold
i'm the position which the prisoner
appears to have occupied on Decsm
Der l, 1868, then he Is lawfully held
for trial. All else relates IL the ex
ercise of jurisdiction. with which
the Court cannot interfere We can
not enter into the merits of the case
With regard to the matter OF jurls-
diction the Court says:
The Supreme Court Of the Un'tei
States has often determined What
constitutes jurisdiction and what II.
exercise. Jurisdiction Is TINS tie
fined bv that tribunal - he power
To hear and deserrnine case Has
the uays, Cour.-martia! ordered the
mower to hear and decide nnon the
sp-citicatinns made by the secretary
OF the n w? III So. that ends our
inonirv. The decision III the case OF
Dimes vs.. Hoo ,rr. the Fifth AMI
Sixth Constitutional Amendments.
and the case Of er pDfe Milligan 4th
Wallace, Section l23, are then quot
ell IA lie ,rins upon this Question.
and the opinion proceeds: These
decisions anthnritsfivelv determine
the p..wer of Congress t. confer IN
ris.liction upon the military aud
naval authorities t. try bv Court
marti.l military and naval offenses.
emil that this jurisdiction may be-
exercised, in the language of the
Chief Justice, both III peace and
war.
Concerning tho technicalifies
rsis.,,l bv defendants counsel as
against the authority Of Congress
TO authorize the trial By COnrt-m mar
ti,l Of a man who has severed his
connection with the land or naval
forces Of the government. the Court
very properly declines t" hold any
discussion and merely quotes Judge
Davis Of the o. S Supreme Cont.
in his decision in the case If er par e
Mill:gan, in which it is held that
there is nothing in the limitations of
the Constitution which inhibit- Con-
gresS from giving snch authority.
With regard to the prisoner 3 amen
ability to the rules and articles Of
war the Court is very decided in its
opinion, rs is herewith demon
strated:
The offences charged against the
petitioner are therefore. - Cases
arising in the land and naval forces.
The prisoner Was not merely an en-
plOvee or servant of the Pay master.
On the contrary, we h I'VE seen from
the regulations Of the nav, before
cited he Was an officer in the navy.
OF the same class surgeons. e"gin-
errs, etc among staff officers. and
lie ranked ~ mi.lsliipman or ~ line
officer. His duties brought him III
to immediate cunnection with the
funds Of the navy, winch are apti,
STYLED the >inews Of war. Upon the
proper use Of the funds of tue nav,
de,.-nd- its success Ii such IL man
Wa, l.,t - person in the naval forces
of the United States 1t Is difficult t"
understand wlIat does Constitute thai
relation. -..- .-
In other words. Mr.. Bogart WAS
quite rs much held by the rules III
voYue in the navy ~ If he had been