St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-07-21

of the state. The offense is, conduct I'M
becoming an officer and gentleman" The
fact that it is a violation of the articles of
war is merely incidental. The charges and
the penalty have nothing to do with the
civil life of the person and the verdict of
this court can affect the prisoner only as he
is related to the National guard of this
state. If it were an offenSe touching the life
and property of the accused, then, of course,
the court would have no jurisdiction, but it
is idle TO suggest such matters. The legisla-
ture has authorized the commander-in-ehief
or members of the guard to prefer charges
against other members. OF course these re-
late simply to military courtesy and disci-
pline, and for the trial of these offenses the
legislature has also authorized courts-mar-
tial. From the very nature of the case, the
court has jurisdiction if it has not, then
there is no means of maintaining order and
discipline in the National guard.
Mr.. Castle replied that the legislature had
doubtless been
SOMEWHAT REMISS
in prescribing laws for the full government
of the militia. and he was willing to take
his share of the blame. If the legislature
had only taken cOgniZance of the laws, then
they would be valid; but such is not the
case.
Further. there is difference between vio-
lating an article of war and an army regu-
latiOn. In cOuTtS-martial the charge is
never the violation of the latter; it is al
ways the violation of some statute. namely,
some article of war. 1t is much the same
as in mercantile concern. The rules
made by the head of the firm are to all eff
feet law, but for violation of those rules
there must be the violation at the same
time of some statute law, or there can be
no penalty other than between employer
and emplOye.
The latter must be enacted. the former
may be made by the commander in chief
Conduct unbecOming a gentleman does not
come under the laws of this state. If you
strike out, as the judge has said, the words
ARTICLES of war;" you have nothing left.
There is some difference of opinion as TO
what constitutes conduct unbecoming a
gentleman. and the legislature wisely left
that point alone.
The proposition simply is that the legiS-
lature has never adopted any articles of
war. consequently there are none; there
has been no offense, and consequently this
court has no jurisdiction.
MY friend, the colonel" said Mr.. Cas-
tie, lis great stickler for military exact
ness. My own luea was 10 take The case 10
the supreme court and secure writ of pro-
hibition, forbdding this court TO take any
action in the case. But the colonel said
this would not do, as it would be disrespect-
full to the military. Accordingly we have
made this point at the start. AS a civil
lawyer, while l have great respect for the
members of the court as private citizens,
well, L must say have little respect for a
court-martial in time of perfect peace"
''YOu will confine yourself to the case"
said Gen. Wilson, land if you have no re-
spect for the court you don't need to say
So"
The court room was then cleared and the
officers entered on discussion among them
selves as to its jurisdiction. No decision
had been reached up to $50 o'clock, when
adjournment was taken until 1880 o'clock
this morning.