St. Paul daily globe., 1885-07-28
HIS COMMISSION REVOKED.
Col. Bend DepOsed From Command
of the First Regiment.


present in uniform and wearing upon the
hilts of their swords mourning badges in
honor of Gen. Grant. Before taking seats
about the tables, the court held secret
session in the ante-room, and on coming
out announced that the objection of Mr..
Castle to the constitutonality of the court,
upon which the court had not decided the
previous session, had been overrulled, and
then presented the following statement Of
the courts belief in the juriSdictional
points:
This court was convened by the governor,
in his constitutional capacity as commander
in-chief of the militia and military forces OF
this state, to try the accused for alleged
breach of military discipline and violation of
the rules and regulations established for the
government of its military forces.
He is charged with no criminal ofense at
common law or under the code of this state.
He is ordered for trial before this tribunal
not as a citizen, but in his character as an
officer of the state militia for offenses alleged
TO have been committed by him in that c0pac-
fly. The jurisdiction of this court does not eX-
tend 10 the adjudication of any of his rights
as citizen, but only to those pertaining TO
him as an officer of the militia. The plea in
bar of jurisdiction is therefore overruled.
THE WRIT OF PROHIBITION.
Before the opening of the case Mr..
Castle, as attorney for Col. Bend, served
the writ of prohibition granted by the SUI
preme court. The writ, as has been stated,
is i'll the nature of an ordinary injunction.
and prevented all further proceedings by
the court until it should appear before the
supreme bench, at its next general term in
October, and show cause why the writ
should not be perpetual. When the writ
had been read the court prepared the fol-
lowing order:
The counsel for the accused having served
upon the court writ OF prohibition issued
out of the supreme court of this state, and
the third and last objection to the juriSdic
tion Of this court to try the accused. made by
him at the last meeting of the court having
been decided before the service of this writ,
the judge advocate is hereby ordered to
spread the same upon the minutes of this
court, as of that date; and ordered further
that the judge advocate communicate the
fact Of the writ of prohibition upon the court
to the cOmmander-in-chief, and that we await
his further orders.
Judge Advocate Tawney called upon
Governor Hubbard, notifying him of the
proceedings of the court and the stay Or
dered by the supreme court.
THE COURT DISSOLVED.
Gov. Hubbard at once took action on the
,ase. and III a short time an order dissolv-
ng the court, returning the papers in the
Ease to the commander-in-chief,a and return
ng the status of the whole proceedings to
he same position as before the ordering of
ihe court, was issued from the adjutant
generals Office and served upon the court.
Following is the order:
State Of Minnesota, Adjutant Generals
Office, July 27.-Special Orders No. %: The
general court-martial detailed under Special
Orders No. Is, a. g. o., 1885, and in session
for the trial of Col. W. b. Bend, having in
formed the commander-in-chief that the su-
preme court has issued and caused TO be
served on said court-martial writ prohibit
ing further proceedings in said court-martial
and directing q hearing of the same at the
October term Of said supreme court; and, it
appearing to the commander-in-chief that the
interests Of the service are not served by de-
lay in the consideration of the course in
question; therefore, the general court-mav-
tial, Of which Brig. Gen. Thomas 2. Wilson is
president, is hereby dissolved, and the charges
and specifications against Col. w. b. Bend
will be returned to the cOmmander-in-chief
for further consideration.
BY command of Gov. L. F, Hubbard
G. NJ. MACCARTHY, Adjutant General.
When the order had been served the
court at once dissolved itself. There was
q general expression Of opinions of all
kinds as to this action and the bearing it
would have on Col. Bends relations to the
First regiment. Gov. Hubbard had moth
adjutant general said there would still be
an opportunity of testing whether there
was any authority to enforce a law among
the militia.
HIS COMMISSION REVOKED.
Gov. Hubbard, however, after consider
Ing the question, decided that the best in
tereSts of the guard demanded action and
accordingly issued all order to the adiutant
general TO publish in general orders the re-
vocation of the commission of Col. Bend.
Accordingly the following general orders
were issued from the adjutant's office:
State of Minnesota, Adjutant Generals
Office, st. Paul, July -. 1SS5.-General Order
No. Il; The following executive document
Is published for the information and guild
Rnce of the National guard and military forces
Of the state of Minnesota:
State Of Minnesota, Executive Department.
July 27.-Gen. 9. NJ. MacCarthy, adjutant
general, st. Paul, Sir: desire that in gem
eral orders you announce that the commits
sion of William B. Bend as colonel of the
First regiment, n. G. S. NJ, has been this day
revoked for insubordination. Direct Lieut.
Col. Perry Harrison to retain command of
the regiment, and publish the following state
ment of facts for information of the National
guard of the state:
On the Goth day of July, 1884. Col Bend
received an official notification from the COM
mander-in-chief that he would review the
First regiment on the day named with the
following direction regarding the time of re-
view. 'Endeavor to have the ceremony at )
or O'clock Col. Bend received the order
thirty hours before the time named but dis
obeyed it and at once appointed the review
for 1880 o'clock. The order was repeated to
Col. Bend the next day by direction of the
commander-in-chief, but he did not obey it,
but treated the written order with marked
DISCoURTESY IN WORD AND MANNER
Charges were then prepared against him.
alleging the disobedience of orders and dis
courtesy aforesaid. He was asked for
bis answer and filed it, admitting
that he did not comply with the entire order
and treated the second in a contemptuous
and disrespectful manner, but excused him
self for his disobedience by saying that he
did not consider the expressed wish of his
commanding officer as an order and for his
uiscourtesy by saying that inasmuch as the
ndjutant general in the second order or
rather the repetition of the first, had not
added the words ''by order of the commander
in-chief," he was entitled to believe and did
believe that it was not the governors order,
but the adjutant generals, given without
authority.
This conduct and the confessed holding of
alheory Of insubordination should have cost
CoL Bend his commission, but he was recog-
nized as serviceable drill officer, moreover
he progressed well, and it was believed that if
an authority higher than he were to
lay down for him clear rule
In formal manner he would afterwards con-
form TO IL. The commander-in-chief in gem
sraI orders &c. o. No. IL, Sept. 20. 1854
accepted his denial of conscious misconduct
and corrected his error, giving to him as law
Tor the \. q. s. n. as it was and is in the
united States, that the expressed wish of a
soldiers commander that he do q thing is
equivalent TO an order TO do il, and that an
othcerGeceivinga an order Officially signed by am
officer upon the staff Of his commander. must
presume 1t to be given by order of his COM
mendlng omcer, though not SO stated. if the
order is in the line of the staff officers duty