The Federal Reporter (Annotated), Volume 167: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. April-May, 1909. Page: 998
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167 PEDfERAL RIORTER
NEW'MAN,, District JOdge. The matter for determination, here
arises on "a petition for writ of habeas corpus issued on behalf of
the petitioner,. W. A. Pundt, the answer of the jailer of Catoosa
county, to whom the writ was directed, and agreed statement of facts,
together with certain documentary evidence. The statement of facts,
which will show clearly the question raised, is as follows:
"It is agreed by and between John W. Henley, Assistant United States At-
torney, representing the petitioners, -and William E. Mann, attorney at law,
representing the respondent in the above-stated case, that the following evi-
dence and facts be submitted to the, court for determination of said cases, and
that the same constitute the material evidence in said cases, as follows:
"(1) That, each of said petitioners has continuously resided at Ft. Oglethorpe,
on the premises known as 'Fort Oglethorpe Military Post,' as follows: James
Price more than twelve months; James L. Kennedy about three years; G. K.
Peavey about three years; D. A. Mowery since 1906; W. A. Pundt three years.
During all this time each of them has been employed as t6amster in the
Quartermaster's Dpartment of the United States military 'service at Ft. Ogle-
thorpe, and has b4n domiciled in a building of the government at said fort,
which building is a part of the fort. That on of about the 2d day of De-
cember, 1907, each of said zetitpners vas warned by the road overseer to meet
him at Cloud Springs Church on the 4th day of December, 1907, to work the
public road; that,said road is situated outside of said military post, and out-
side of the Chickamauga and Chattanooga Natibnal Park, within the road
district wherein said road commissioners resided. That said teamsters, un-
der the rules and regulations of the Quartermaster's Department and the Army
Regulations, are required to obey, strictly and execute promptly the orders of
their superiors as, require4,by Army ,Regulationq 1 and 7830; that they arn
subject to th.prder of the Quartermaster's Departmient t t said post, and
their duties are neqespary apd important in said department. That on account
of their duties to the government they did not obey siq summons and did
not work the public roads. That on account of said default the road commis-
sioners of Oatposa county caused to be served on D. A. ,Mowery, W. A. Pundt,
George L. Kennedy, and G. K. Peavey notice to appear before said road com-
missioners on the 28th day of December, 1907, to answer said default. That
no notice was served on James Price, except by, posting notice as required by
section 546, Code Ga. 1895. which notice was posted in compliance with said
section. That the' said James Price did not appear, for trial'under said notice,
either in person"or by attorney, ,and was not present when the road com-
missioners adjudged'him to be in default and made an order committing him
to Catoosa county jail for thirty days in default of the payment of the sum
of $12 adjudged by them against him. The other petitioners in this case did
abpear before said commissioners on the 28th day of December, 1907, and tes-
tified in their own behalf. That said road commissioners on the 28th day of
December, 1907, passed an order, and judgment in each of said cases requiring
each of them to pay a fine of $12 and all costs of the prbceeding, to be col-
lected by execution, or in default that each of them be committed to the
common jail of said county for the term of thirty days. That on the same day
the said road conimissioners passed an order in each of said cases to the
effect that, each of said petitioners refusing to pay the above-adjudged pen-
alty or judgmneft, it is the order of the road commissioners' court of the
1096th district that he (each of the petitioners in this case) be committed to
the common Jail'of said Ctoosa county for the term of thirty days, there to
be received and safely kept by the jailer for said term; that on the same
day the said road commissioners passed a further order with reference to
each of these petitioners, to the effect that, he having appeared 'before is as
a road defaulter, after hearing the evidence, it is ordered that he be commit-
ted to the common jail of said county for a term of thirty days, and be safely
kept by the jailer for said term; that on the same day the following order
was passed with reference to each of said petitioners, to the effect that he
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The Federal Reporter (Annotated), Volume 167: Cases Argued and Determined in the Circuit Courts of Appeals and Circuit and District Courts of the United States. April-May, 1909., legislative document, 1909; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38213/m1/1008/?q=%22English%22: accessed March 24, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.