The morning times., 1896-02-12
COURTS GlN'I SETTLE IT
Case Of. John N. Quackenhush.
Dismissed From the Navy.
MUST APPEAL TO CONGRESS
Dismissal Occurred in 1874, Suspen-
sion to Last Six Years-By a Cler-
tcal Error He Was Not Restored
Judge Bradley Says Moral Right
Is on the Officers Side.

The status of the official register of the
Navy Department was passed upon judi
cially yesterday. At the same time another
decision was added TO that in the Blake-Gil-
more case, holding that the courts will not
interfere with the executive departments
TO correct clerical errors.
The decision was by Judge Bradley in the
case of John N. Quackenbush of No. 1926
n street northwest, formerly a commander
in the Navy.
Mr.. Quackenbush was commissioned as
commander in 1871 and served Till 1874,
when he was court-martialedand sentenced
10 dismissal. This sentence was during the
year commuted by President Grant to sus-
pension for six years from rank and duty
on furlough pay. BY some clerical error the
nomination OF w. S. Schley to be commander
in The Navy, ''vice Quackenbush," was sent
in by The President and was confirmed by
the Senate.
Ii has been supposed that the purpose was
TO nominate Commander Schley, vice Nor
ris, retired" However that may be, the
error was never corrected.
REPORTED FOR SERVICE.
Iu 1880 Mr.. Quackenbush, his term of
suspension having expired, reported for
service and was put on waiting orders This
continued till April, 1881, when his pay
was stopped, and in 1888, under President
Arthur, the name Of ID. w. Mullan was sent
to the Senate for naval commander, vice
Quackenbush, no longer in the service"
This was under Secretary Chandler, and
Mr.. Quackenbush was dropped from the
naval register.
About two years ago Mr.. Quackenbush
brought suit for mandamus 10 oblige the
Secretary of the Navy TO restore him 10
the official register of the navy.
In answering, the Secretary denied that
there is any legal requirement for the naval
register TO be kept at all; that this register
fixes the status of an officer IN any
measure, and that the courts have any
power to interfere in the matter at all.
The case was heard a few weeks ago
and Judge Bradley yesterday dismissed the
suit. In doing so he said it is quite clear
even if the court could interfere in the
matter, that the listing and publication
asked for would be Intellectual; for the
status of naval officers is not determined by
the register. This is so plain as not TO
admit any argument.
The apparent dismissal or commander
Quackenbush in 1874, continues Judge
Bradley, in his opinion, by the appointment
Of Schley, was evidently an inadvertence.
CONTINUED ON PAYROLL.
This is amply proved by the fact that the
commander was continued on the payroll
till 1881 and was finally dismissed in
1883. But this dismissal in 1883, it is
equally clear, was of purpose. The fact
was shown by its form" d. w. Mullan, vice
John n. Quackenbush, no longer in the
SERVICE
There is no remedy for this misfortune
except by act of Congress. The courts
have no right to interfere i'll such case.
This is shown by the case of Blake, in whose
place Gilmore was appointed. The case was
decided in 1883, and the action in the
Quackenbush case was plainly based upon
that decision.
In concluding, Judge Bradley says: The
correction of this error, from which Com
mander Quackenbush has SO long suffered,
would be simple act of justice. II should
be corrected, not only as matter of
righting a wrong TO aninjured and po werless
citizen, bat as a matter of fhonor on the part
of a great and just government. The
remedy. however, is not in the courts, but
in Congress