Smith v. United States

The plaintiff is suing to recover commutation of quarters, light, and heat from November 1, 1921, to June 30, 1922, and for rental allowance from the latter date to the time of his discharge on August 14, 1923. The defendant interposes two grounds of defense, the first being that under the following provision of the act of June 5, 1920, 41 Stat. 977, an Army appropriation act, the plaintiff ceased to be a commissioned officer on December 31, 1920:

“ That the President is authorized to retain temporarily in service, under their present commissions, or to discharge and recommission temporarily…