United States v. Brown
Supreme Court of the United States
APPEALS PROM THE COURT OF CLAIMS. The facts are stated in the opinion. In the case at bar the officer, having been duly commissioned as an officer of a regiment of United States Volunteers, is prima facie a volunteer officer, and as such is eligible to sit at the trial of an officer or enlisted man of the volunteer forces.
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APPEALS PROM THE COURT OF CLAIMS. The facts are stated in the opinion. In the case at bar the officer, having been duly commissioned as an officer of a regiment of United States Volunteers, is prima facie a volunteer officer, and as such is eligible to sit at the trial of an officer or enlisted man of the volunteer forces. The language used in the statute is clear, and that used in the permissive enactments of 1861 and 1898, authorizing officers of the Army to accept appointments in the volunteer forces, is equally clear. It must be assumed that Congress was familiar with the long-established…
1Opinion of the CourtJustice Holmes
This is a claim for pay as first lieutenant of United States Volunteers after February 17, 1899, on which date by the sentence of a court-martial the claimant was dismissed from the service: The court-martial consisted of five members, the minimum number by the 75th and 79th Articles of War, Rev. Stats. § 1342, and the president of the court was an officer in the Regular Army. By Article 77-“ officers of the Regular Army shall not be.competent' to sit on courts-martial to try the officers or soldiers of other forces, except as provided in Article 78.” (Article 78 has-no bearing on the case.)…
2Cases cited1 opinion
- McClaughry v. DemingSupreme Court of the United States · 1902
3Cited by45 opinions
- Schlesinger v. CouncilmanSupreme Court of the United States · 1975
- United States v. AugenblickSupreme Court of the United States · 1969
- Ex Parte QuirinSupreme Court of the United States · 1942
- Hubert Ashe v. Robert S. McNamara Secretary of DefenseCourt of Appeals for the First Circuit · 1965
- Dilley v. AlexanderCourt of Appeals for the D.C. Circuit · 1979
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