Wallace v. United States
Supreme Court of the United States
APPEAL FROM. THE COURT OF CLAIMS. Claiming to be a Colonel in the Quartermaster Corps of the United States Army, the appellant sued in the Court of Claims to recover $6,580.67 salary and commutation of quarters from February 13, 1918, until March 12, 1919.- His petition was dismissed.
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APPEAL FROM. THE COURT OF CLAIMS. Claiming to be a Colonel in the Quartermaster Corps of the United States Army, the appellant sued in the Court of Claims to recover $6,580.67 salary and commutation of quarters from February 13, 1918, until March 12, 1919.- His petition was dismissed. The President, on the recommendation of the Secretary of War, issued an order dismissing the appellant from the service by General Orders No. 17, of February 13, 1918, of which he was notified on the same day. The United States was then at war with Germany.. On March 1, 1918, the President sent to the Senate the…
1Opinion of the CourtChief Justice Taft
The President acted under the 118th Article of War, which provides in part (39 Stat. 619, 650, 669) that,
“No officer shall be discharged or dismissed from the service except by order of the President or by sentence of a general court-martial; and in time of peace no officer shall be dismissed except in pursuance of the sentence of a court-martial or in mitigation thereof.”
This article is only a reenactment of the 99th Article of War contained in the Revised Statutes, § 1342. Both are, therefore, to be read with § 1230, Rev. Stats., which is as follows:
“ When any officer, dismissed by order of…
2Cases cited6 opinions
- McElrath v. United StatesSupreme Court of the United States · 1880
- Parsons v. United StatesSupreme Court of the United States · 1897
- Blake v. United StatesSupreme Court of the United States · 1881
- Mullan v. United StatesSupreme Court of the United States · 1891
- Keyes v. United StatesSupreme Court of the United States · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Myers v. United StatesSupreme Court of the United States · 1926
- St. L., B. & M. Ry. v. United StatesSupreme Court of the United States · 1925
- St. Louis, Brownsville & Mexico Railway Co. v. United StatesSupreme Court of the United States · 1925
- Beard v. StahrDistrict Court, District of Columbia · 1961
- McMullen v. United StatesUnited States Court of Claims · 1943
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