Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-10-03
OPINION-BY MASSEY, J.

The petition re"it@s that the rela,or is
regularly admitted ana practicing att"r-
neY OF this State; that on the 10th day Of
July. lN9-. olie Y. /. Mo31a5, .2tcpn Lieu
tenant of Battery y, Nevada Natjonal
Guard was charged with vi"I., my the
Articles OF War; that on the I&th day of
July, 1897. the defendants were detailed
by order, TO constitute a general Court
Martial tor the trial Oi such persons aN
might be brought before it; that on the
9th day OF July. lS'7, the said Court
Martial Was nr-an,zed. pursuant To- said
order, at NiIgiiia titT, Nevada, and Sc
iccted Colonel :. J. Crosby as President
thereof. AMI GolumC. +. {. Lord as Judge
Advocate; that tnereupon the said Count
Martial adjouIuu,. to he I1th day of Aug
u9t. 1891; That SAID Morgan was cited to
appear before said Cout,-Martial for tria |
upon the charges preferred, and that on
the last named date he did appear before
said Court Martial, with the petitioner.
whom he had retained and employed to
conduct his defense, prepared and ready
for trial Objection was made TO the peti-
toner appearing and conducting said de-
Cense, ANA the Court Martial sustained
the objection and refused the petitioner
that right, and privilege. Upon these
facts, s,the petitioner asks the Court to direct
She said Court Martial 10 vacate its order
Using petitioner such right, and to al
low him 10 appear and make the defense
The defendants interpOse a demurrer tC
the petition and set up by answer affirm
ative matter to justify said order.
Section s, Article | Of our Constitution
declares that No person shall be trieC
for a capital or other infamous crime lex
cept in cases of impeachment, and il
cases of the Militia when in active ser
vice, and the land and naval forces il
time of war, OF which tins STATE ma
keep in time OF peace, with the consent O
Congress, and in cases Of petty larceny
'Inder the regulation OF The Legislature
except on presentment or Indictment Q
Grand JG.v, dnd III 01ty tj'l0t IN az
Court Wh0teUey, the party accused sh0U b
nLioWcd to appear 0,td uete'td IN Ders0'
utd wjth cOMnset, rs IN ctUU actions : d" -
The Court Of Appeals Of New Yorl
discussing the New York Constitution
which was, i'll every respect, similar t
the above provisions of our Constitution
say:
THE question presented in this case
whether perSol prosecuted for an OF
tense before ii Court-Martial, organize
under the laws Of this State. can deman,
rs a constitutional right thai he be a
lowed to defend with counsel, or whethe
this privilege is a matter OF favorand di
creuon X .. In any trial in any Cou
whatever is certainly COMPREHENSIVE
enough TO embrace these tribunals,
Whatever the accused can say or do in h
defense, he may say Or DO by counsel
People Fix Rel. Garling W.. Van ALLIE
ct al. % n. Y. So
ne action was ii proceeding in Certi,
raj by the accused, and is not cited f,
t. pufpO5e OF determining the right
she relator, in the case at bar, to the WI
prayed for. Th2 ro',"t- Martial, havit
been organ d IA ~ {. L statute, at
Morgan, tn :,..cU -''.. go. .Ig been cited
appear before the same lor trial upon ii
charges preferred, the provision of o,
Constitution, and the authority above {
ted, gave him the right IL make such d
tense i'y counsel. Tne accused havil
chosen and enIpioye,I the relator to NAL