United States v. Smith
Supreme Court of the United States
APPEAL FROM THE COURT OF CLAIMS. On May 26, 1899, John Smith was serving under enlistment as a fireman of the first class on board the United States naval vessel Yorktown, then at anchor in Iloilo harbor, Philippine Islands.
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APPEAL FROM THE COURT OF CLAIMS. On May 26, 1899, John Smith was serving under enlistment as a fireman of the first class on board the United States naval vessel Yorktown, then at anchor in Iloilo harbor, Philippine Islands. On the date named Smith was reported to the commanding officer of the Yorktown as having refused to do duty, and consequently such officer ordered him “put under sentries as a prisoner in single irons for safekeeping to await- trial by a general court-martial.” Subsequently, on June 30, 1899, Rear Admiral Watson, the Commander in Chief of the United States naval force on…
1Opinion of the CourtJustice White
Article 43 of section 1624 of the Revised Statutes, upon which the Court of Claims based its legal conclusion that the action of the court-martial in question was void because the charge and specification were not served upon the claimant at the time of the original arrest, reads as follows: "The person accused shall be furnished with a true copy of the charges, with the specifications, at the time he is put under arrest.”
It is conceded by the findings that at once when the charge and specification were formulated by Rear Admiral Watson and the court-martial was ordered to be convened, a copy…
2Cases cited3 opinions
- Platt v. Union Pacific RailroadSupreme Court of the United States · 1879
- Johnson v. SayreSupreme Court of the United States · 1895
- Bishop v. United StatesSupreme Court of the United States · 1905
3Cited by8 opinions
- James J. Reiherzer v. Daniel J. Shannon, and Central States, Southeast and Southwest Areas Pension FundCourt of Appeals for the Seventh Circuit · 1978
- Kenneth N. Juhl v. The United StatesUnited States Court of Claims · 1967
- Ivy River Land & Timber Co. v. National Fire & Marine InsuranceSupreme Court of North Carolina · 1926
- United States ex rel. Viscardi v. MacDonaldDistrict Court, E.D. New York · 1920
- Sima v. United StatesUnited States Court of Claims · 1951
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