Evening star. [volume] (Washington, D.C.) 1854-1972, 1885-04-11
THE WALES HABEAS CORPUS.
Proceedings Before Judge Cox To-day

Proceedings Before Judge Cox To-day.
THE RETURN OF THE SECRETARY OF THE NAVY
DEMURRED To AS INsUFFICIENT-THE CASE
TO BE CERTIFIED TO THE COURT IN GENERAL
TERN.
The Secretary of the Navy, In obedience to
the writ of habeas corpus issued by Judge Cox
Thursday. had the body of ex-Surgeon General
Ph1lip s. Wales before Judge Cox this morning.
Inc petition filed by DR.. Wales counsel asked
tnat ne be released from arrest, under which he
was placed on March I'd by Secretary Chandler,
pending his trial by court-martial on charges of
gross neglect Of duty in the purchase of sup
p1es, &c. The point was raised that the alleged
onenses were committed by Surgeon General
Wales in his civil capacity as chief of bureau,
ana that court-martial had no Jurisdiction.
The Secretary of the Navy was represented in
court by Mr. John S. Blair, Assistant Attorney
General: and Lieut.. Lemly, the judge advocate
OF the Wales court-martial, which is to take up
the trial OF the case next Tuesday. Messrs.
Shellabarger & Wilson, and Mr.. +. p. B. Sands
appeared for DIR. Wales.
hlr. Blair presented the return of the Secre-
tiry OF the Navy, which was rather vOlumi-
nous document, setting forth facts in the case
ana concluding by submitting that the said
Philip Wales is not now nor was at the time of
issuing the annexed writ in the custody of or
confined or constrained OF his liberty bv the re-
sponaent other than by the usual methods by
winch the movements of a naval officer are con-
troiied by the Secretary; that neither the re-
erciSed any physical restraint over the said
Philip ). Wales before or since the issue of the
writ that by virtue Of the respondents office as
secretary Of the Navy the said Wales was at the
time the writ was issued in the power of the re-
spondent SO far as the statutes of the United
states were concerned, and that the respondent
knew of no obstacle or impediment to prevent
the said Wales from being present before the
court at the time and place fixed in the writ,
court he had ordered DR.. Wales to be present.
Mr.. wilson demurred to the return as INSULT
dlctIon OF the naval court martial which was to
try DIR. Wales next Tuesday and they asked
the court to give an early hearing.
Mr. Blair remarked that there was another
question OF jurisdiction in the case which was
most important, and upon which they would
like ruling from the court. 1t seemed to them
that an officer of the navy, under the orders of
the Secretary of the Navy not to depart the
city, had no right to appeal to this court to re-
After some discussion Judge Cox decided to
certify the whole case to the Court in General
Term.
Proceedings in the Court i'm General
Term.
The necessary formalities were soon arranged,
and DR.. Wales and the counsel in the case as
sembled in the room of the Court in General
Term. After delay of half an hour Judges
Wylie and James came upon the bench to hear
the case.
Mr.. Sands read the petition for the writ, in
eiuding the order Of Secretary Chandler placing
Or. Wales under arrest and confinng him ito
the limits of the city of Washington"
! z;saro MI Blair argued In support of a motion to
meaning f"arresu," as defined by the Navy Reg
ulations, showing that the officer under arrest
was confined only to the state or territory where
he lived. Nine-tenths of the officers of the navy
on shipboard and elsewhere, were in corifine-
ment just as severe DIR. Wales simply
under orders to remain in the city OF Washing
ton. He contended that this court cannot or
should not, issue writ of habeas corpus to the
Secretary of the Navy to produce the body of an
nd A dor 6nfn tinr TI,4
tionary powers of the Secretary over Off
GERS of the navy he claimed gave him jurisdic-
t,Om IN TINS case; 1t appeared to him that the
the petitioner to remain in this city was legal,
but the court was asked to inquire into the rea-
sons which Influenced the Secretary to issue
the order. AS to the question of the jurisdc-
tion of a courtmartial to try this case, that
should be, and probably would be- decided by
While the duties Of the surgeon general were
civic In character yet they were imposed
M BAIT arsued at h1 enrs n of s
PROPOSE ION that medical officer Of the navy
performing the duties of Surgeon General, still
retained all his obligations as naval officer,
and was amenable to naval regulations, and
liable to trial by court-martial. He contended
did not set out any physical restraint. The
question whether the petitioner should obey
the Secretary's order was one upon which he
Mr.. Sands, for the petitioner, on the point
that he was not in custody, read from lst Hol-
land land on Torts, 197, that it was not necessary
that actual force be used. He claimed that to
limit DR.. Wales to the city was an arrest.
MI Sands further argued that the chief Of the
bureau was selected for his administrative
capacity, and was, while in this office, one of
the aids of the Secretary in administering the
department. and such was not amena6le to
the naval law.
Mr.. Wilson followed Mr.. Sands for the peti.
toner.
AT the conclusion of Mr.. Wilson's argument
the court announced that they would give a
decision before the assembling OF the court
martial.