Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-09-30
THE ALLEGED MINOR MARINE.
Hearing Of the Habeas Corpus Case.
JUDGE "NIlE REMANDS THE YOUTHFUL MARINE TO
TIE CUSTODY OF THE L. S OFFICERS

1
| TIE CUSTODY OF THE L. s. OFFICERS.
| To-day James Barnard Shugrue, whose discharge
/ from the marine corps was asked ON the ground
! that he is minor, appeared before Judge Wylie
In obedience to writ OF habeas corpus issued last
week Mr.. COyle represented Col. McCauley, the
eoinmandant OF the corps, and Mr.. b. 6. Love1oy
appeared for the petitioner, James Shugrue, the
| father OF the boy.
The answer of Col McCauley states that on Sep
teInber 9Th ehugrue applied for enlistment In the
corps, and was told that the post surgeon was
absent but 10 come the next day. The following
day he came again and was examined by the sur
| geon and the commandment OF the post and was
found from his answers to be qualified, and was
thereupOn enlisted. Col. McCauley further states
he has no information as to the age OF Shugrue
except that offered by his own conflicting state
ments and he believes that he Is over IS years OF
age He says further that Shugrue is restrained of
his liberty only by virtue OF his enlistment, and
only TO such an extent Is necessary to the
diron OF tie service pledged TO the United states
under the enlistment. Accompanying is the de-
scrfptive list in which Shugrue is stated to be q
years ana seven months old, by occupation farmer
weight I2s pounds, and under declaration of re-
cruit his age Is put down as above, and is sworn
Mr.. COyle read the return and papers, and said
that While The exact age was not stated, 1t was
agreed that he was over eighteen years old.
Mr.. IoveJOy said the statute prescribed the same
oath taken by recruits for the army, and this the
recruit had taken, but in addition he was here re-
qalied TO take an oath that he was fully twenty
Judge Wylie said that he should merely consider
Tie Hlilier us 10 the age or the relatOr.
Mr.. LOvejoy said that from time immemorial the
parent was entitled 10 the custody OF the child till
u years OLD. and he did not believe that the law
WAT the marine corps could be made
place ior unruly boys 10 enlist in and defy their
parents. He argued that the marine CORPS part
OF the naval service, could at any time be merged
he taken as in the army.
Nj. CGyle said the question arises whether there
was Jaw as 10 the enlistment OF minors in the ma
rne corps without the consent OF parents or guar
dams III the service the army il was clear the
enlistment would be void. He said that boys between
sixteen ana eighteen may be enlisted to serve till
twenty-One in the navy He claimed that the ma
r1ne corps was under the navy. and subject TO the
orders o1 the navy, under section 1921, and Con-
SFt>o hau eHectually legaliZed the enlistment Of
minors. He read the case of John DOYLE before
Judge Brown. who decided that the case was con-
tTolied by the section cited and section I4ls.
Nj. LoveJoy said that he did not believe the Navy
department favored the enlistment OF minors In
l Murine corps, Tor. In compilation OF laws pub
liohed by the department. the enlistment OF minors
: Treated under the head OF ''Seamen for the
Navy" The department, however, would not in
lerltre after enlistment. Mr.. Love1oy then spoke
% thG trouble OF parents In raising their boys, and
%2aeu 'iie marine corps was suffering for boys
was this barracks 10 be looked on by boys who
CHANGED TO have disputes with father or mother as
place OF refuge? He did not think that the corps
Should seek reoelliouS sons, for they would make
rebtili01S marines There were decisions Of the
department sustaining parental law.
JUDGE wYLIES DECISION REMINDING THE YOUTHFUL
OFFICERS.
The court said this was question which must
be controlAd by the law. Congress had pre-
scribed that no soldier could be enlisted under
tWenty-one without the consent of the parent or
guardian The law prescribeS that boys between
10 ana u years old may be enlisted In the navy
ana he said that under the law the consent OF the
parent was not necessary Ii the minor is over Is
years OF age. AS to what had been said OF the
breaking up OF family ties the court referred to the
large number OF idle boys the streets and asked
III IL was degradation tor youth to enlist in the
service OF the country to find himself OF some USE
HOW much better for a young man to enlist In the
army or navy than to spend his time In idleneSs as
soclatlng with criminals. The marine service was
annexed 10 the navy, and the laws OF the navy apply
10 the marines Section 1921 says that the marine
corps shall be under the laws Of the navy unless
detached for duty in the army, when il is under
lhe laws applicable TO the army. AS to tile enlist
ment. the relatOr was certainly under the navy
ana he would remand the young man to the Gus
lody OF the officers OF the barracks
AN APPEAL NOTED.
Mr.. LoveJOy said that for the parents he would
note an appeal He desired to state that he had
known the boy since his youth, and the only thing
he had heard against him was the desertiOn of his
parents.
The court said that he had spoken generally as
TO the criminal classes and wrong doors In this
case this action might be the making OF the bow
The father, mother and sister of the youthful
marine were In COURT ana the mother left the court
room in tears.