The Washington times., 1901-08-02
TBGBLER SEEKS RELEASE,
Convicted Coal Passer of the Navy
Asks for Habeas Corpus.
Claims rs Illegal the sentence APP
proved by Secretary Aong for Re
fusaI to Obey an OtEcer of Re
scrves-The First Case of Its Kind.

\ petition for a writ of habeas corpus
was submitted to the Supreme Court of
the District of Columbia yesterday after
noon by Robert G. Tegeler, a coal passer
in the United States Navy, who claims
that he is unlawfully restrained of his
| liberty and held in custody by Major
| Thomas n. Wood, United States Marine
Corps, at the "bug''. or guardhouse at
| the navy yard. this city. The court is
asked to enquire INTO the matter and dis
charge the petitioner from custody.
This is the first time such case has
| come before the court and considerable
| Importance is attached to it, as the de-
| cision rendered will determine whether or
not an enlisted man in the United States
| Navy is compelled to obey an officer OF
militia naval battalion. Tegeler is repre-
sented by II. H Classic. Justice Ga
| baugh set the cause for hearing on Au-
| gust s.
| Until recently Tegeler was detailed for
! duty as shipkeeper upon the L. S. 5.
| Oneida. loaned by the, United States for
| the use OF the naval battalion of the Dis
| trict of Columbia National Guard. Tege-
Ter informs the court that Sherburne G.
| Hopkins, lieutenant commander of the
naval battalion of the National Guard,
sumed command thereof. or without hav-
ing in any wise notified Tcgeler of his
authority in and over the ship, and di-
rected Tegeler to scrape the paint and do
other work on the ship which. Tegeler
claims, was not within the lines of his
duty. -~---t i'
Tegeler explains that as shipkeeper his
duty was to preserve the property of the
United States. He adds that ne is sub
ject to orders only from officers of the
United States Navy. 1t is pointed out by
Tegeler that Hopkins is not an officer of
the United States Navy, nor an officer of
the United States.
The petitioner also declares that he had
not been placed by proper order under
the command of Hopkins. and that it was
not possible nor legal for anyone to so
place him under the command of Hop
kins, who was so far as the petitioner is
concerned, a mere civilian.
For these reasons Tegeler says he de
clined to perform labors or duties which
Hopkins assumed to direct him to per-
FORM
1t is further stated that the petitioner
Is charged with having disobeyed the or
ders of Hopkins, and that against the
petitioners protests he was tried. con-
Yicted. and sentenced to three months inn
prisonment on a prison ship. The sem
tence has been approved, and the petit
toner is now in the custody of Major
Wood
Tegeler declares that the court-martial
had no power or Jurisdiction to try or SEN
tence him, ilasmuch as the charge
against him is not an offence against the
laws of the United stat tes nor against the
naval laws and regulations, nor any law,
statute, or regulation affecting the petit
toner. The latter maintains that the
sentence of the court was beyond its
power to pronounce nor is there any law
which authorized the court to try the
petitioner, or the Secretary. of the Navy
tFaEN
to issue an order in consequence for his
Imprisonment.