Evening star., 1895-06-07
COMMANDER QUACKENBUSH
Judge Bradley Says a Great Wrong Has
Been Committed
Doubts His Authority, However,
Peculiar Naval Case Argued
Congress Acted Once.

Judge Bradley today considered the ap-
plication of x-Commander John NJ Quack-
enbush of the navy for a writ of man
damus to compel the Secretary of the Navy
to restore his name to the active list. On
behalf of Commander Quackenbush the
matter was briefly argued by Messrs. Rich
ard r. Beall and VIM. f. Mattingly, AS
sistant Attorney General Dickinson repre-
senting the Secretary of the Navy. Judge
Bradley reserved his decision. but intimat-
ed that he feared he would have to con-
clude that 1t was q case in which he could
not interfere.
In explaining the case to the court, Mr..
Rean stated that in February, 1874. Com
mander Quackenbush was tried before
court-martial, mis- dismissal from the navy
being recommended. June ., 1874. the sch
tence of dismissal was mitigated by the
President to one of suspension. and the
officer was placed on probation for SIX
years. In June 1874. Commander w. 8.
Schley was nominated for promotion the
order reading vice Quackenbush."
That, claimed Mr.. Beall, was bunde.'
Of the clerk who made out the nomination.
and he insisted that the officer still remain
ed an officer of the navy. and should not
be made to suffer for the blunder of some
one else Therefore, argued Mr.. Beall, the
only question in the case was whether the
court had authority to correct that error
by commanding the restoration OF the Of
fcev's name to the Naval Register of active
officers of the navy August /, 1889, Sec
retary Chandler said Mr.. Beall. summar.ly
| and without legal authority directed that
Commander Quackenbushs name be drop
ped from the list. Secretary Chandler con-
tended Mr. Beall, in that did something
which could only have been authorized ty
court-martial or by an act of Congress.
Assistant Attorney General Dickinson in
sisted that the court was without authority
to interfere in the case. The nomination
and confirmation Of Commander Schley
/ IL. Oh ta6 soft fhn
Presidents Communication of the latter $
sentence to dismissal. The only question in
the case was whether now. twenty-one
years later. the official records in the case
can be refuted. and the acts of the execu-
tive questioned. To allow that to be DONE
contended Mr. Dickinson. would be dan
gerous course of procedure, being an i'm
pea chment of the validity of official rec ords
The error or mistake complained of, If
made, he said, could not be corrected by
the court, for the effect of the courts in
reference would be to review and set aside
the official act of the President. The officers
remedy was in the Court of Claims or in
an appeal to Congress,
Mr.. Mattingly called attention to the fact
that Congress had more than once been
appealed to in the case, and on one occa-
sion a bill to restore Commander Quack-
enDush to the navy passed both houses of
Congress, but failed to receive the Presi-
dents approval in time. He believed that
1t was a very proper case for the courts
Interference.
Judge Bradley, in stating that he would
take the case under advisement, said a
great blunder had undoubtedly been conf
mtted in the case to Commander Quack-
enbushs great injury and wrong. He be-
lieved that the officer belonged just where
he claimed to stand, and remarked that it
was sad reflection upon the proper Off
GERS CT the government and upon Congress
that the wrong had not long ago been
rightcd. But he feared that 1t was a case
in which he could not interfere, although
he would carefully examine into the law
and decide the matter In 4 few days.