The times. [volume] (Richmond, Va.) 1890-1903, 1894-07-31
had RELIGIOUS ACkUPLES.
Private Ccdarquist Eofuses to Attend H'"'
Practice on Sunday.

Secretary Lamont has n peculiar ca9e
on his desk at the War Department -
came from General Brooke. one OF 'ne
department commanders stauoheu ,"h
Omaha. and involves question ,',t,rv
has never been raised before III HIM.
Jurisprudence <.,.
A private in the Second Infantry;
Charles .. Cedarquist refused 10 a,ve az
rifle practice on the range on sun ;y-tad
the command Of an officer. He~Nas -. -
for disobedience Of orders and . forfeiture
to six months confinement anu lol tIls -
of pay. He pleaded that ms IelisIou'
scruples would not permit OF ms dttenu
ing rifle practice on sunday anu , niS bts
torney represented that. In ooey ING nis
commanding officer. the accused "ouiu
have violated a State law H., in,
Neither OF these defences aValied WIN
the court or with General Brooke, Wno
makes long comment on the case, viz
IS read with much interest a, the uep IA
ment The prisoner ana MS attD, IIey ~
not recall an order issued by PTesideIt
Harrison, and not revoked, that All Wolh'
such as inspections ana me ~ 49, -,
should be suspended on the sabbatn. ms
would probably have put the pIdiie VI
the officer ordering a rifle practlce Oh
Sunday The law officers OF the depart
ment say nothing more need De zone III
this case, the prisoner having faled 10
bring charges against the oitehllns oIhcet'
II does not appear TO be suihc1Tno -
dence Of the officers own disobedlence OF
orders that his culpable act was esttp-
lished 10y the court when sentehced ihe
private soldier.
General Brooke's comment is as follows:
THAT a commanding officer has dis
erection. under existing orders. 10 require
target practice by his command on sun
day in case OF necessity is undoubted-
The evidence in this case fails 10 fx upon
the commanding officer any abuse OF dis
erection I'm the issue OF the order com
planned OF by the accused. the lesaltE
Of that order and the obligation OF ths
accused to obey II when duly TRANSMITTED
TO him, cannot. in the opinion OF the re-
viewing authority be questioned. IL was
not for him to Judge OF the necessity LOT
the issue Of the order. That discretion
pertained 10 his commanding oihceI, anu,
once exercised. whether erroneousy vi
not IL was the duty Of the accused 10
obey.
"'rhe further point repeatedly urged
upon the attention Oi the cOuit, mat CO.."
plance by the accused with the oF1ei
given him would have rendered MN iiapIS
to penalties prescribed in section al OF
the Criminal Code Of Nebraska, IA thouEHl
10 be equally untenaOle with Inc hisl.
II is conceded that soldiers stationed dl
Bellevue Rifle Range. Nebraska, VINO, as
individuals ENGAGE In hunting and shoot
ing on SUNDAY would be within the pro-
visions Of the section releIfed 10 any s
liable 10 its penalties, but after CaIelHi
consideration. the reviewing authority II
Of the opinion that the state could not
make. nor has il by this section or any
other legislation so which his attention
has been called attempted to make the
performance on Sunday Of target practice
ar any other duty pertaining 10 the IN
struction and discipline Of the army
criminal offence
"The occasion is deemed opportune for
inviting the attention Of the department
10 the fact that the obligations OF mil
tary service will never permit a solder
30 refuse obedience 20 an order because
i'm his judgment, il is an unnecessary one.
The justification for an order VIII BeneI-
ally depend upon circumstances or Whlch
he cannot be fully advised. His duty is
10 accord all orders not palpably illegal
on their face a most unhesliatng Obedl-
ence. and cOurt-martiais viii be uni
formly upheld in the vigorous application
Of the principle in the administration OF
military justice in this departWet
"The sentence Is approved; but In view
OF the peculiar circumstances attending
the commission OF the offence, IS mitl-
gated to confinement at hard labor Tor
two months II IS desired. however, that
IL shall be- understood that in view OF
The warning held out in this order. Of
fences Of the character charged IN TINS
case will not in the future be regarded
as citing ones for the exercise Of clemen-
CIV