The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-02-13
COURTS HAVE JURISDICTION.
STATE COURTS CAN try ron Of
FENsES on TRANSPORTS.

the State-Decision OF the Judge
Advocate General of the Army In
the Case of Capt. WrigIey, Qunr-
termaster of the ROumanian-Capt.
WriGIey on sick Leave, But
Charges Now Pending Against Him
Mt Washington VIII he Pushed at
Expiration of His Leave.
Quartermasters and other persons serV-
ing on United States transports are Liable
TO action in state courts for offenses with
in the jurisdiction Of those courts. This
is the decision of the judge advocate gen
eral Of the United States army and was
obtained by Hon. A. II. MacDonell in con-
nection with the case against Quarter
master Wrigley, of the transport Rou-
manian, who was charged with pointing
pistol at and threatening to shoot Steward
II. McClair
The case came up before Justice Isaac
Nathans in December. At the time set
for The hearing Capt. Wrigley appeared ac-
companed by Lieut. Col. J. B. Bellinger,
depot quartermaster. They appeared out
of courtesy. they claimed, but denied the
authority of any state court TO inquire
into and punish any criminal offense &C.
curing on board any United States trans
port. The ground upon which they based
their objection was that a United States
transport was the same as a United States
man-of-war, and that the warrant should
have been issued by a United States com
missioner, which they would have obeyed,
but that they declined TO recognize the
stTrtu Afat nf a Gf a a
TO issue any warrant for criminal Of
Tense occurring on board a United States
transport
Not desiring to put Capt. Wrigley to any
indignity or inconvenience, as his vessel
was to sail the next morning, a technical
arrest was made and no attempt was made
to push the question of the authority of
the state courts. In the latter part Of De-
cember Judge MacDonell addressed let
ter to Col. BelEnger. reciting the circum-
stances as above narrated and stating mis-
view of the law He conceded that had
the offense with which the warrant
charges Capt. Wrigley, been committed
within fort, light house dockyard
or any military reservation, over which
jurisdiction had been coded by the stale
in which it was located to the general gov
eminent. that the state would nave no jul
risdicuon over the matter, but that the
matter would be within the jurisdiction of
the United States Courts.
Judge MacDonell cited case which oc-
CURED on board the man-of-war Independ
ence, on Nov. 6, 1916, under command of
Commodore cambridge, where a murder
was committed, both parties being enlist
ed men. The ship was lying in the main
channel of Boston harbar and the nearest
land was a mile distant In this case It
was decided by Chief Justice Marshall that
Congress had the power TO provide for tho
punishment of offenses committed by per-
sons serving on board ship of war,
wherever that ship may lie. But Con-
gress has not exercised that power in the
case of a ship lying in the waters of any
particular state. Under this decision Il
was held that the United States Courts
had no jurisdiction of a criminal offense
occurring on board of a man-of-war for
the reason that she did not lie at the
time the offense was committed out of the
jurisdiction of any particular state.
Judge MacDonell urged that the offense
for which a warrant was issued against
Capt. Wrigley occurred while the trans
port Roumanian was tied up az a wharf
in Savannah. within the county of Chat
ham. and within the jurisdiction of the
state of Georgia, and that this offense was
cognizable in the courts of the state, He,
therefore, demanded of Col. Bellinger that
he. the superior officer of Capt. Wrig-
ley, should require him to submit himself
to the civil jurisdiction of the state OF
| Georgia
This communication was written by
Judge MacDonell in the office of Col Bel
| .inger i'm order that the latter might trans
nit ii 10 the judge advocate general for
| the purpose of obtaining the latter's de-
| cision as TO the question at ISSUE The
communication was transmitted by Col.
| Bellinger TO the authorities at Washing
| ton.
Judge MacDonell waited for some time
without receiving any further commune
| cation from Col. Bellinger, and on Feb &
addressed him letter requesting informa-
ton as to the action of the authorities al
! Washington in the matter. In return he
| received a reply in which was quoted the
| following extract from the judge advocate
generals decision in the case:
Respectfully referred to the adiutant
general, concurring in Mr. MacDonelrs
! views, that the fact that the vessel ~,
ing at wharf in Savannah, was a United
| States transport, does not take criminal
offense committed on il out of the local
| jurisdiction. II seems to be unnecessary
| 10 inquire into the question of the RICH,
in such cases to disregard this iurisdic-
ton in case of necessity in time of war
as ii does not appear that in this case
such necessity existed"
ms was Satisfactory TO judge Mao
Donell, in so far as il sustained The noei-
ton taken by him as to the jurisdiction
of the state courts. As Capt Wriglev
had however, departed without the iuris-
| dLcton of the court, the case in hand was
left In an unsatisfactory condition. Col.
Beilinger stated in his communication. ec-
complaining the extract, that the DELAY in
furnishing the information was due TO an
oversight on his part as he had expected
to turn the extract over to Judge Mac
Donell he stated, on her return to this
port but as she had been switched off 60
New York the matter was overlooked.
Judge MacDonell then asked for the
date of The judge advocate generals de-
cision. and received a reply stating that
the decision was dated Jan. 5, and was
telegraphed few days later, the papers
arriving here on Jan. IS, just too late "a
be used the last time the Roumanian was
in port. As the vessel was under orders
to return here Col, Bellnger stated and
as an application had gone forward from
Capt. Wrigley requesting that an inspec toI
he datailq0 TO meet the ROumanfan here