Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-02-11
TO OMAKEA TESTCASE.
PRIVATE MILLER SENT TO JAIL ny
GENERAL couRT-MARTIAL.
REFUSED TO PAY His FINE.
This Action Taken with . View to
settling the Powers Of N Mtiitary
Ceurt-supreme Court to Decide
The Prisoner willing Victim.


a case OF unusual interest. involving
the power OF a court-martiaI 70 enforce
the payment OF fines imposed by II. and
10 commit 10 jail In their default. has
grown out of the recent trials before ths
general court convened under special Or
der No. 20, on october 18th last. Only
three fines have. so far. been paid. Of tho
ten imposed
Under these circumstances and acting
under the advice Of the Judge-Advocate,
Major w. 4. Simons issued an order con-
venng the court last night, and sum- :.
moning the dellnquents to appear and
show cause why they should not be COM
mitted TO JAN for non-payment OF thclk
fines.
Private p. Miller, Of Company A. First
Regiment, who had been nned s2 for a
slight offence against military discipline.
was found a willing victim for test
case. which Will shortly be argued be-
fore the Virginia Supreme Court, and
last night the court-martial went through
the formality OF committing him to jail.
He was given into the custody u the
bailin of the court, and commitment
papers Will be made out to-day, and
| writ Of habeas corpus will be Issued.
Major Ssmons presidenD, Ma5or l. r.
| Christian. Captains Bossieux, Euker, and
| Shackelford and. Lieutenants Wili<ms
| and Cheatwood deliberated this matter
| last night In the band-ToUm OF the Resi-
mental Armory
IMPORTANT TO MILITIA.
After the usual formalties. Cagtain
| woon, judge advocate, stated TO the
| court that, inasmuch as 1t was not pos
| sible to make the fines by civil process.
| the situation was one or great impor-
| tance TO the State Militia.
"The point is this" he said, "if tho
| court has not power 10 commit prison.
| er 10 jail for non-payment OF fines, then
there is absolutely no raison detre Tor
| a court-martial I'm the State OF Virginia
| In view of peculiar condition OF anairs.
| II is impossible to make the money out
| of those who have been fined. Under
the statute. as / understand 1t, this court
| has the same right as any other court
TO commit 10 Jail for non-payment OF
fines imposed by II, ana IL u Oh paia-
! mount Importance that the question
| should be decided 80 that 1t will leave no
room for argument.
'',rhe prisoner whose case n now un-
| der discussion is Private p. Miller, OK
| Company A, First Regiment he was
! ,rted ana the findings of this court ap-
proved November rs, 1891. The only me-
| thod of procedure for the recovery OF his
! fine Is by following the statute OF VIZ
einia, section 7l2 There Is nothing IN
the military law OF the State which d.
rects where a fine should go, ana IN tho
! absence of any such statute l believe II
| should go to the Commonwealth. Sec
tion 726 directs that a court may commit "A
defendant until fine and costs are paid,
| and contend that that statute applies
| TO military as well as ia civil, courts.
OPINION OF HIGH AUTHORITIES.
.I have. after consultation With the
| Adutant-General of the State and the
| .Iudee-Advocate-G General" Captain W0on
| continued. come TO the conclusion that
This is the proper method OF procedure.
,I.,,a Adfutant General believes thai TO
only wav TO settle the question will be
| In take IL TO the Court of Appeals. !
have. therefore arranged with private
=. Miller. who is able and willing 10 pay
his fine. not to pay 1T at this time, but I"
allow me To make test case. Ihe Au-
tutant-General consents 20 this arrangs-
ment and the Military Board has agreed
To secure counsel TO defend the prisoner
therefore. ask that the prisoner DO
committed TO the hands of the baiin OF
the court until tomorrow. at when time
the commitment papers will be made OUT.
and he will be given into the charge OF
the City Sergeant. If this court took any
other action il might involve a heavy
| damage suit.
The Presldents Is that the only action
| we can take at this time?
| Judge-Advocate: Yes. and would sus-
gest thar the other cases be continued.
The court was then cleared, ana, ai'er
considering the matter for some ume'
the prisoner was sent for, and the presi-
dent OF the court pronounced the sem
tence that the prisoner of the court
should be committed TO the city jail un-
| Ill the fine is paid
the court then adjourned, subject 10
the call OF the president.