The evening times., 1895-12-07
OYfRRBlEb THE MOTION
Commander Quackenbush's Case
Again Before Judge Bradley.
RETURN NOT TO BE QUAsaED
This Time the Decision Was Adverse
to the Plaintiff, and the Judge In
timated That the Proper Means of
Relief WAS 10 Apply TO Congress-.
May Go to the Court of Appeals.

Justice Bradley, in circuit court, No. /.
this morning oycrruled the motion OF
counsel ror coLn'N. luic ckenbasii, iaic OF
the u s. Navy, to Ius.sh the return n,nde
in the pcnuihg cause against tie hon. h.
a. Htrtvrt, 81 4 ltpi ieseh'atiVe oil The gov
ernnient, wllen tstse INV oived The petiLiuH-
RS r.gut 10 iestCiation to Tie NaNai keg-
istcr-
me- had been dismissed under sentence
found by naval tCart-niarti;,i III 1874,
anu tiic Iio,et tfigs iLs,itu,ei were basea
Upon an error III Tie record, which Justice
braui;y sad lie oouiu hot recsii., however
UNJUST Iis effects may have L,en, ana lie
intiiated tIlit tie proper means OF relief
was 10 appiy TO Congress.
At ~ tI.,-> .s.vo.. L,e ..,se will be carried up
TO the court oil Appeals.
HAS bE,VME FAMOUS.
The case is'onc tat has become famous
in court RECORDS and proniinent as a theme
OF uiscussIon III navai circles. IL presents
an extraordinary state OF facts, anu its set
tienent, IN tue estimation or counsel. i'll
yoiv,s the DISCRIMINATION OF princIpics oil tue
graycSt Import, MT oniy to ,ic i,v.itIontr.
uut 10 every eiiIcef IN Lnc navy AHA army
oil the u nlteu states.
1t wni se,lie tue point, they say, whether
or NOT ,ne tuere mistake OIL II ciern in All ex-
ecutivc Department oI the geiieiai govern
nient. when acted upon By tue freslacnt
unuer sGcn erroneous statement, Stall
stand as ms act by operation OF Jaw. or
wnetucr has real ili,enIion ;ihu true act as
DISCLOSED by the approval rccorus oil that
urpartnnenl snai lota.ii instead, ana whether
or not. hy'iuera operation OF common raw,
the constitutional VIII OF tue Prcs1cent or
the United States shall in this way be
tuwar,su Dy his in,erior ofiicer or agent.
No SUCH ENTRY APPEARED.
The petitioner was commander in the
United States navy. He was tried by
cuurt martial in + etruary, bS 4, and SEN
fenced 10 dismissal. on the back of the
oraer appeared IN tie haDuwriiing or Sec
r.tary I,pDeson what purporteu 10 be the
Presidents Endorsement OF the sentence,
when Endorsement was da,ed June D, SI.i.
No such entry appears TO have Eetn made
In tie "official Naval Register" or else
whCre... 90.
Notice was sent 10 the petitioner, Quack-
cnbush. Jun 3, al Boston, informing MN
OF the sentence and approval. and s,atlng
lb.; from that date he would cease to DE au
officer in the navy. This is taken 10 be con-
elusive proof that the order was issued then
md not on June 8, and accepted, also, as
conclusive that. being part OF the record.
it binds the departme mt as well as the pc
,iliuncr. Ii has bee n decided that sentence
does nui go into reffeci nntil the officer shall
receive notice thereof.
Later QuackcncuStl was nottfted OIL
cially that the sentence OF The court-inar-
TIA, tad been. onfbe 9Th day of June. 1877 4,
mi,gated To suspension from rank and
duty on rurlougii pay Tor SIX years. the sus-
pension to date from that day
The Vacancy We nlled III t,e navy by the
nomination, June 10, 1874, OF W. s.
Scniey 10 be commander. AMI IL is held that
the President had No intention OF displac-
lng Quackcnbush with Schley PRIOR 10 That
date, an.ilt was shown that on June :, two
days later, the Prcsidcnt. through Secre-
tary RobeSoa, wrote to Quackei,b bush, di-
rectinS a return to the department or his
order Of dismissal. tn. words, ''yice
Quaekenb1sh. d.sniissctl,' added to Schicy's
order of nomination. it is claimed, were
Inserted through inadvertcnce--a iIiistake
of clerk.