Evening star., 1901-08-12
Question Raised About Authority Of
Naval Militia Oficsrs.
THEIR RELATIONS TO D. s SAILORS
Arguments Heard Today by JUS
tice CIabaugh.
THE DECISION RESERVED

corpus, recently presented Dy hODeft w.
Tegeler. a coal passer in the United States
navy. convicted by court-martial of con-
duct prejudicial to good conduct and mill
tary discipline IN that he refused to obey
an order given, by Lieutenant Commander
Sherburne G.. Hopkins, Naval Battalion.
District of Columbia National Guard. in
charge of the United States ship Oneida,
loaned to the Naval Battalion. Tegeler be-
ing detailed for duty as shipkeeper on that
vessel. Justice Clabaugh took the matter
under adyisement and will announce his
decision later.
Alleging that he is unlawfully restrained
of his liberty, Tegeler explained that Hop
kins came aboard the ship without having
assumed command thereof or having In
any wise notified Tegeler of his authority
in and over the ship. and directed the petit
toner to Scrape the paint and do other
work thereon. which was not within the
line of his duty pursuant to his orders as
shipkeeper; that as shipkeeper the duty
of the petitioner was to preserve the prop
erty of the United States: that the pet-
toner is subjected to orders only or or
ficers Of the United States navy; that Hop
kns is not an officer of the United States
navy nor officer of the United States;
that the petitioner had not been placed by
proper orders under the command of Hop
kins; that 1t was not possible nor legal for
any one to place the petitioner under the
command of Hopkins, who was. so far as
men of the navy are concerned, mere
civilian. For the foregoing reasons the
petitioner says he declined to perform the
labor and duties which Hopkins assumed
TO direct him to perform.
Claims Action Was Illegal.
Continuing, Tegeler informed that court
that he was charged with having disobeyed
orders and general court-martial was
convened and the petitioner, against his
fenced to three months Imprisonment on
prison ship. The sentence has been ap-
proved and the petitioner committed to the
custody of Maj. Thomas N. Wood, United
States Marine Corps, for the execution of
the sentence.
In conclusion. Tegeler asserted that the
court martial had no power or jurisdiction
to try or to sentence him, inasmuch as
the charge against him is not offense
against the laws of the United States,
against the naval laws and regulations of
the United States, nor any law, statute or
regulation affecting controlling the pc
ttioner; that the sentence of the court
Vas beyond its power to pronounce, and
that there is no law which authorizes the
court to try, the Secretary of the Navy to
approve or to issue order of commit
ment nor for the imprisonment of the
petitioner, nor for Maj. Wood to restrain
the petitioner OF his liberty: that, under
color of the sentence and order. the petit
TONER is incarcerated under restraint of
his liberty in the brig or guardhouse at the
navy yard. this city
The court is asked to direct the discharge
OF the prisoner from custody.
Solely Question of JurisdfctiOn,
In calling the matter to the attention OF
the court Attorney H. H. Classic, repre-
senting Tegeler, stated that the question at
issue was solely of Jurisdiction. There
was no attempt to review the finding Of the
court-martial on the ground Of mere error.
Counsel rf-YDa rtf tfa1 {s
court of limited and exceptional jurisdic-
ton. and that Tegeler was charged with
refusing to obey an order given by Hop
kins: An order, it was explained, is a
superior to a person under his command
to one legally subject to him. According
to Attorney Classic. there is nothing in the
status Of Hopkins an officer of the Naval
command over enlisted man in the
United States navy. 1t was assert ed that
no precedent will be found for the exercise
of command over an enlisted man in the
regular service by any militia officer OF
any state.
"It may be argued that the fact that
Hopkins Is commissioned by the President
Of the United States distinguishes him from
militia officer of state" suggested the
attorney. He went on to declare that there
exists foundation in law for any such
distinction. and added that the fact that
there Is no governor for the District Of CO.
lumbia requires that the President exercise
the political authority of a governor; In
short. the commission of Hopkins was not
issued by the President In the strict sense
of being issued by the President of the
United States Neither can the power Of
the commission be extended beyond the
scope of the legislation empowering the
commission. so 1t was argued.
Other Points Raised.
In subscribing to the oath of enlistment,
the court was informed, Tegeer agreed to
obey the orders of officers appointed over
me. according To the rules and articles for
the government of the army and navy Of
the United States. Hopkins. 1t was ar
gued. is not an officer appointed over Tege-
ler according to the rules and articles for
the government of the army and navy Of
the United States. and Tegeler did not con-
tract to obey the orders of persons not an
pointed over him.
Hopkins is not responsible to any officer
IN the navy, continued Attorney Classic
III We assume that Tegeler is subject to
the orders of Hopkins let US see what con-
clusion it brings. Acting under orders OF
Hopkins, under circumstances which do
not Justify resort to force, Tegeler fires
at an escaping militiaman and kills him.
The order of Hopkins in that case is an
abuse OF authority. Tegeler, in addition to
being liable TO trial by civil court and
hung, Is liable to be tried and punished by
court-martial of the navy of the United
States
THE loan of the Oneida does not make
the order OF militia officers. Tegeler il on
the vessel merely to preserve and care for
property of the United States."
Mr. Tasxnrf. Reply.
Assistant United States Attorney Tag
CART made reply to Attorney Classic. The
regular navy as wen the District of CO.
lumbia National Guard have as excuses
for their existence, acts Of Congress point
ed out Mr.. Taggart. The individuals Of
both establishments have duties imposed
upon them by the law. Tegeler belongs to
the regular navy. but Congress imposed ad-
ditional duties upon him when he was as
signed to duty aboard the Oneida that sub
jected him to other than the regular navy
authority.
The President by constitutional provision
Is commander-in-chief of the navy, the
President by act of Congress Is command
er-in-chief of the District militia Hopkins
was in command of the Oneida by autfrori-
~ OF the President. Tegeler was on board
the Oneida as shipkeeper by authority of
the President. According to Mr. Taggart
there could be only one person in command
and that was Hopkins. Under the circum-
stances he thought that the refusal of Teg-
eler. who incidppfafty haa HAAS,