Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-01-10
ORDER TO SHOW CAUSE
ACTION ON APPLICATION FOE
WRIT OF HABEAs CORPUS.
Enlisted Man in Navy, Imprisoned ON
Island of Guam, Seeks
Release.

/ Chief Justice Bingham OF the Supreme
Court OF the District of Columbia this
afternoon signed order requiring the
secretary of the Navy to show cause tho
I'D instant why the writ OF habeas corpus
should not issue requiring the Secretary tn
produce in court Edward Johnson, an en-
listed man of the United States Marine
Corps now imprisoned on the Island Of
Guam The object of the proceeding ulti-
mateiy is to secure the discharge of johns
son from custody.
The petition for the writ was filed NV
George a MCGOWAN on behalf of Johnson,
and he is represented by Attorneys F. II.
Mackey and w. ID. Davidge The court is
Informed that Johnson is in prison and re-
strained of his liberty in a Jail near the
town OF Agara Island of Guam. 1t is con-
tended that the prisoner has not been COM
mitted, and is not detained by virtue Of
any Judgment. decree, order or process is
sued by any court or judge of the United
states, or by any court-martial in any case
where such courts or judges have jurisdic-
tion under any of the laws treaties Of
the United States
The cause Of Imprisonment. 1t is stated IN
that johnson. about May 4. 1901. was ar
rested by military authority on charge
OF the theft of box of clothing and about
$500 in Mexican currency from Clarence j.
Hoskfns. also enlisted man in the
Marine Corps. He was kept in confinement
until May IL, when he was turned over by
the military authorities to the alleged civil
authorities of the island. these latter being
officers of the navy and marine corps.
Other Allegations Made
About October 3, 1901 in the meantime
not having had a hearing johnson was
taken before an alleged court, consisting Of
Alfred w. Pressy. an ensign in the navy,
and after what is alleged to have been
pretended trial. which. it is declared. was
conducted in the Spanish language and
which was not understood by Johnson-the
authorities refusing to furnish him with an
interpreter-the alleged court assumed to
sentence johnson to six years imprison-
ment. which he is now serving.
The. contention of the petitioner is that
the alleged court was without jurisdiction
to try Johnson. 1t Is pointed out that the
naval regulations provide that such Of
lenses as it rs charged that Johnson COM
mltted may be punished a court-martial
may adJudge. The Navy Department. how
ever. in a general order issued May %,
1895 published limitation to the punish-
ment of such offense in time of peace 10 be
confinement for two years and dishonorable
discharge. 1t is pointed out that the limi-
tatlon should apply to Johnson's case even
If the tribunal mentioned had been compe-
tent to try him.
Under General Order
The alleged trial of Johnson was in &C.
cordance with a general order issued by
Commander Seaton Schroeder, United States
Navy, In his capacity governor. OF the
Island of Guam. The order follows:
For the present 1 order ard command
that power be vested in the cour.s of genA
eral jurisdiction to h5ar and determine
those offenses which constitute crimes or
miSdemeanorS committed by ind vidualA
subject to the special Jurisdiction of war or
navy, provided that said crimes misde-
meanors correspond to the kind of those
called common and which because OF their
nature and special circum -tances co not fall
exclusively within the jurisdiction V. sted in
the authorities of war or navy.
Every law or part of law which is Inc
consistent with this order at pres is rec
pealed.''