Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-09-24
PAYMASTER GENERAL SMITHS
CASE.
Arguments I'm Court To-day.

In the,Court in General Term to-day, before
Chief Justice Cartier and Judges James, Cox
and Merrick, the case of the q. s. ex rel Joseph
A. Smith (Paymaster General U.SN.) agt. VIC.
Whitney Secretary of the Navy and the men,
bers of the Smith courtmartial, to prohibit the
Secretary and court from proceeding further in
the case against him (Smith) was heard,
Messrs Hunter and Chandler appearing for the
relator and Assistant Attorney General w. A.
Maury and Lieut.. Lemley Judge advocate) for
the respondents.
Mr.. Chandler read the petition, in which he
states that he pleaded to the jurisdiction of the
court-martal on the ground that the acts COM
performed by Smith in the exercise of his judg-
ment in the administration OF a civil office, and
further that the acts We're done under the ad-
ministration OF Hon w. +. Chandler. and he
claims that the acts are not renewable by the
present Secretary. He says that the court
wrongfully usurped the jurisdiction of the case:
that the court rendered some Judgment. but it
has not been approved, and the Secretary has
made an order reconveping the court, and UNI
less stopped by the interposition of this court
Mr.. Chandler stated that since the filing of
the petition one of the members OF the court
had deceased, but he understood that it was
claimed that this did not dissolve the court.
At the suggestion of the court, Mr.. Chandler
read one of the charges of scandalous conduct
and specification and stated the substance of
the other fourteen specifications. Also, the
charge of "culpable inefficency in office" MIR.
SuduulCI sdiu tlcfc Was uO SudTSc vi lIduU OI
corruption.
Mr. Maury said that the charges embraced
something more than had been stated-that
the acts complained of were performed in
favOrtism to Austin p. Brown; that articles for
the navy were purchased outside the law, the
contracts with Brown being duplicated without
any public notice. There were other charges
showing offenses of a like character, breeches
OF discipline, &c.
THE RETURN OF THE SECRETARY AND MEN,
BERs OF THE COURT.
WaiyinU ru1a Mr. fha
Of Secretary Whitney raising the question of
jurisdiction, for it is an attempt to restrain
him from performing duties conferred upon
him by law; also the answer OF the other
who has deceased, stating that the question has
been decided in the case of Wales agt. w hitney.
They assert that Smith is subject to the juris-
ion of the Attorney General in the case of
Wales. They state that the first charge is
founded on the twenty-second article for the
ond charge is based on the eighth article.
They deny that the acts of Smith
They state that the court was not adjourned
finally, and assert the right to recOnvene. They
state that they do not know what they are
Lieut.. Lemley adopts the answer. and says he
has no part Or voice in the proceedings except
as Judge advocate, ana submits That he is In
court in prohibition.
Mr.. Chandler said that the petitioner denied
he record
show that there was 10 imputatfon of moral
tarpitade Mr. Chandler proceeded to discuss
referring to the return OF Secretary Whitney,
said he assembled above the law. 1t is not de-
MED that the court-martial had done as set
forth in the answer but certain principles OF law
are appealed to. Referring TO the case of DIR.
Wales, he said the question Of prohibition was
not then involved, and the question decided
was that an order of arrest was not imprison-
ment. Citing number of authorities, he said
that he could not find a single case where the
writ of prohibition had been denied on the
ground of want of Jurisdiction.
Mr.. Chandler concluded at 2:15, when the
hearing was adjourned.