Legal Opinion

In re Norton

District Court, N.D. California

Decided December 23, 1899No. 11,980PublishedCited by 1 opinion

This was a proceeding by habeas corpus to secure the discharge of Eugene L. Norton from an enlistment in the navy of the United States.

1Opinion of the Court

DE HA.VEN, District Judge.

The facts of this case are not in dispute. Eugene L. Norton, a minor of the age of 19 years, enlisted in the United States navy on July 25, 1899, without the consent of his parents. The mother seeks by this proceeding to secure his discharge from such enlistment, and for a judgment that he be returned to her custody and control.

Congress is given power, by section 8 of article 1 of the constitution, “to provide and maintain a navy.” Under this grant oí power, that body has the right to declare what class of persons shall be permitted to enlist in the navy, and may…

2Cases cited5 opinions

  1. United States v. BainbridgeU.S. Circuit Court for the District of Massachusetts · 1816
  2. In re McNultyDistrict Court, D. Massachusetts · 1873
  3. In re DoyleDistrict Court, S.D. New York · 1883
  4. In re McLaveU.S. Circuit Court for the District of Southern New York · 1870
  5. United States ex rel. Rush v. WatsonU.S. Circuit Court for the District of District of Columbia · 1856

3Cited by1 opinion

  1. Thomas v. WinneCourt of Appeals for the Fourth Circuit · 1903

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