The Washington times., 1901-08-13
THE TEGELER Case HEARD
The Presidents Supreme Author
ity Used as an Argument.
Attorney for, the Government Holds
Enlisted Men Are Subject to Any
Duty Ordered by the Executive
The COURTS Decision withheld

Justice Clabaugh heard argument yes
terday on the petition of Robert G.. Tege-
Ter for a writ of habeas corpus to secure
MS release from a military prison, to
| which he was sentenced by court-martiaI
The adjudication of the question is one
of great Importance and the decision OF
| the court is awaited with much interest
1t involves the jurisdiction of an officer
| of the militia over enlisted men in the
| United States Navy. Argument on the
| point at issue occupied the attention of
| the court nearly the entire day and was
| listened to by great number of the
| members of the local bar. At the con-
| clusion of the. arguments Justice Ga
| baugh took the matter under advisement.
| The petitioner Tegeler is an enlisted
man in the United States Navy and was
convicted by a court martial composed of
naval officers and sentenced to imprison-
ment for three months in the military
prison at Norfolk. Va. He is rated as a
coal passer in the navy, but at the time
of the transgression of military law of
which he was found guilty he was acting
as shipkeeper aboard of the United States
steamer Oneida
This vessel was loaned to the Naval
Battalion of the District of Columbia Mi
litia, and was in command of Lieutenant
Commander Hopkins, of the Naval Bat
talon. When the lieutenant commander
went aboard the ship Tegeler states that
he was notified of the authority of Hop
kins. who ordered him to scrape paint and
do other work. Tegeier claimed that he
was shipkeeper and this work was not
within his line of duty and he refused to
obey the order of Lieutenant Commander
Hopkins.
For this refusal he was charged with
conduct prejudicial to good order and dis
cipline, tried by court-martial, convicted
and sentenced to Imprisonment for three
months in the military prison at Norfolk,
Va
When the matter was called up yester-
day Assistant District Attorneys Tag
CART and Semmes. representing the Gov
eminent, submitted the case on the rec
ords of the Navy Department, containing
the statement of the loan of the vessel
Oneida to the Naval Battalion, District
of Columbia National Guard. At the time
the vessel was loaned to the Naval Bat
TALON Tegeler was employed aboard of
her, and consequently, it was argued be-
came subservient to the orders of Lieu
tenant Commander Hopkins, who was in
charge of the vessel.
In behalf of Regeler, H. II. Classic, of
Classic & Glassie,I stated to the court that
the matter resolved itself into one of ju-
risdiction. The application for the writ of
habeas corpus,,he. said, was not an effort
to review the action of the court-martial
which had tried and found the petitioner
guilty. The charge against Tegeler. it !
was contended. was not an offence |
against the law and not one over which
the court martial had jurisdiction.
1t was further contended that court |
martial is tribunal of limited and ex- |
ceptional Jurisdiction. The jurisdiction of
military law, it was claimed, is based on |
and limited By, the voluntary consent of |
the persons subjected to it's jurisdiction. |
MIR. Classic further claimed that there !
was nothing in the status of Lieutenant |
Commander Hopkins an officer in the |
Naval Militia which empowered him to |
exercise command over enlisted man
in the United States Navy.
An order. Mr.. Classic further explained, |
is command given by competent mill |
tary officer to person under his COM
mand and subject to his orders. He also |
contended that there is no precedent for
the exercise of authority over an enlist
ed man by a militia officer. The loan of
the United States steamship Oneida, il
was argued. did not transform Tcgeler
from an enlisted man in the navy to
On behalf of the Government, Assistant
District Attorney Taggart contended that
the navy as well as the District Militia
were created by acts of Congress. Tege-
ler he said. belonged the regular navy,
but had additional duties imposed upon
him by Congress when he was assigned
to duty aboard the Oneida. and so be-
came subject to the authority of others
than officers Of the regular navy. The |
President of the United States, it was
is Commander-n-C Chief of the
Navy and as we'll -Commander-in-Chief of
the Militia. Hopkins, ii was argued. was
In command of the Oneida by virtue of
conferred upon him by the
President and Tegeler was also aboard
The same ship as shipkeeper by virtue of
he same authority Under the circum-
Mr. rTaggart, argued only one
person could be in command of the Onei-
Ia, and that person was Lieutenant Com
nander Hopkins
Justice Clabaagh's decision is expected
n few days.