Evening star., 1901-07-31
Navy Departments Action nTegeler's
WAS SHIP KE PFR on TIE ONEIDA
Refused to osl Lieutenaot Com
manSss hopkins
SENTENCE WAS. APPROVED
SENTENCE WAS. APPROVED

The Navy Department. has taken action
on court-martial case which Is OF gen
eral interest. inasmuchshs it fixes the legal
status OF enlisted msa <on duty on naval
vessels loaned TO varioua states for the use
Of the naval militia Tho, decision rendered
by the department. establishes precedent
in that matter. 1T is in effect that enlisted
men Of the regular service detailed for duty
on board ships Temporarily in the posses
sion Of the naval militia are subject to the
orders Of the officers bf the militia organi-
zation. and will be governed by the same
rules and regulations as are enforced IN the
regular service.
Refused to Obey His Superior.
The question arose in the case Of Robert
G. Tegeler. q coal passer in the navy. who
enlisted in December. 1900. He was resu-
larly detailed by the Navy Department as
ship keeper on the q. 81 s. Oneida, loaned
to the Naval Militia Of the District OF Co
lumbia, in accordance with the provisions
Of an act Of Congress approved August o,
1894, and amended by subsequent acts
fused to obey an order given MIN Dy
Lieut.. Commander s.. G. Hopkins OF the
District Naval Militia, who had been reg
Brigadier General Harries. commanding
the militia of the District. In an order
dated in February last His conduct was
reported to the Navy Department, ana as
martial sitting at the Washington navy
yard for trial on the charge OF conduct
to the prejudice Of good order and military
discipline
Court-MartiaI ut the Navy Yard.
Lieut.. Commander F.. E. Beatty Of the
navy was president and Lieut.. A. 7. Ches-
ter Of the navy was judge advocate OF the
court. The accused was represented by
Capt. H. w. Carpenter, U. 8. NJ. c.. as
counsel. When the accused was called
upon to plead to the charge his counsel
pleaded in bar Of trial on the ground that
the court had no Jurisdiction. It was coll
tended that Commander Hopkins was not
an officer Of the navy, and consequently
had no authority to give an order to an en-
listed man Of the navy. After considera-
tion the court overruled the point and Or
dered the trial to proceed.
1t developed from the testimony for the
prosecution that on the 9th instant Com
mander Hopkins personally ordered Iegeier
to scrape some paint from the pilot house.
and that Tegeler after demurring that ne
had no tools declared that he would not
obey the order and sRould take the con-
sequences" 70 .ra
mander Hopkins was not in uniform at the
time and that Tegeler knew only from
hearsay that Hopkins. ,Fas in command OF
the ship.
Tegeler Sentenced to imprisonment.
The court renderedha verdict Of guilty
and sentenced the accused to three months
confinement. to perform extra police duty
and to lose all pay that may become due
him during confinement, except the sum OF
s. q month. This sentence involved a total
loss of pay to the amount Of s57.
In returning their, verdict. two members
of the court Recommended clemency by the
reviewing authorities. nview of the doubt
existing In the hslnd Of thesaccused az to
the authority vested IN Hopkins over men
detailed from the regular service"
j The record Of the court was reviewed
III the office Of the Judge advocate general
Of the navy: ION the Recommendation of
that official. tina proceedings. findings and
sentence OF the court were approved by
the acting secretary, Of the navy and the
u. 8. 8. SoutherY. a.Gprison ship at Norfolk.
was designated as the place of confinement.
In taking this action the Navy Depart
ment sustained the court In its ruling that
enlisted men Of the navy serving on board
ships loaned to the naval militia are sub
ject to the orders of the officers Of that
organization In charge Of the vessels.