People ex rel. Smith v. Hoffman
New York Supreme Court
Motion to vacate a writ of certiorari requiring the Adjutant-General to return the records of the Board of Examination, convened by general orders, No. 7, and the approval of the Governor of the findings of such board.
1Opinion of the CourtGiegerich, J.
The Governor unquestionably had the power to appoint the Board of Examination (Military Code, § 64), which *380decided that the petitioner was unfit for service in the National Guard of the State of New York. The proceedings and report were approved by the Governor, the Commander-in-Chief of the National Guard, and thereupon, by operation of law, the petitioner was discharged from the service (Military Code, § 64). The proceedings did not, as claimed, partake of the character of a judicial inquiry, but were had in aid of the Commander-in-Chief, to enable him to understandingly exercise his…
2Cited by5 opinions
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