Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-03-07
JURISDICTION
Justice Bingham Renders an
Important Opinion.
HABEAS CORPUS CASE
JOHNSON CONVICTED OF THEFT
IN PHILIPPINES.
Chief Justice of District Court Saws
United States Supreme Court Only
Can Issue Writ.
HABEAS CORPUS CASE

Chief Justice Bingham of the Supreme
Court of the District of Columbia this after
noon rendered his opinion in connection
with the proceedings for writ of habeas
corpus instituted for the purpose of requir-
ing the Secretary of the Navy TO produce
in court here Edward Johnson an enlisted
man of the United States marine corps now
imprisoned on the Island of Guam The
ultimate object Of the proceeding was TO
secure the discharge Of johnson from Gus
tody.
Chief Justice Bingham, in disposng Of
the matter, sustained the contention of the
Secretary of the Navy, presented through
United States Attorney Beach and Assist
ant United States Attorney Adkins that
the District Supreme Court was without
jurisdiction to act in the cause. The chief
justice intimated that the Supreme Court
of the United States is the only tribunal
that has power, under the circumstances to
issue the writ of habeas corpus
Attorneys w. ID. Davidge and F. II Mac
key, counsel for Johnson, noted an appeal
from the ruling of Chief Justice Bingham
to the Court of Appeals.
An Important Question.
The question at issue was regarded as an
important one. Johnson is in prison and
restrained of his liberty in a Jail near the
town of Agana, Island of Guam 1t was
commended that the prisoner has not been
committed, and is not detained by virtue
OF any judgment, decree order or pro-
cess issued by any court or judge of the
United States, or by any court-martiaI In
any case where such courts or judges have
jurisdiction under any of the laws or
treaties of the United States
The cause of imprisonment, it is stated
is that johnson, about May I. 1901 was
arrested by military authority on a charge
of the theft Of a box of clothing and
about 500 in Mexican currency from Clar-
ence j. Hoskins. also an enlisted man In
the marine corps. He was kept in confne-
ment until May II, when he was turned
over by the military authorities to the al
legged civil authorities of the island. these
latter being officers of the navy and ma
rine corps.
Sentenced to Six Years.
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 a pretended trial, which, 1t is de-
clared, was conducted in the Spanish Ian
guage, and which was not understood by
Johnson-the authorities refusing to fur
nish him with an interpreter-the alleged
court assumed to sentence Johnson to six
years Imprisonment, which he is now
serving.
The contention Of the petitioner was that
tie alleged court was without JURISDICTION
to try Johnson 1t was pointed out that the
naval regulations provide that such offenses
it is charged that johnson committed
may be punished as a court-martial may
adjudge. The Navy Department., however,
in general order issued May 25, 1896, pub
lished a limitation to the punishment OF
such offense in time Of peace to be confine-
ment for two years and dishonorable dis
charge. The Limitation, it was claimed
should apply to Johnson's case even If the
tribunal mentioned had been competent to
try him.
By Order Of Commander Schroeder.
The alleged trial of Johnson was in ac-
cordance with a general order issued by
Commander Seaton Schroeder United States
navy, in his capacity as governor OF the
Island of Guam. The order follows:
"For the present 1 order and command
that power be vested in the courts of gen.
eral jurisdiction to hear and determine
those offenses which constitute crimes or
misdemeanors committed by individuals
subject to the special jurisdiction of war or
navy, provided that said crimes or misde-
meanors correspond to the kind of those
called common and which, because Of
their nature and special circumstances, do
not fall exclusively within the jurisdiction
vested in the authorities OF war or navy.
Every law part Of law which is In
consistent with this order at present is re-
pealed.''