Reid v. United States
Supreme Court of the United States
ERROR TO THE DISTRICT COURT OP THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion. The powers to raise, support and govern the army are vested in Congress. Constitution, Art. I, §§ 8, 10; Art. II, §§ 1, 2, 3; Fifth Amendment-; .U. S. Comp.' Stat., 1901, pp, 814, 817; Articles of War (U. S. Rev. Stat., § 1342)! The discharge of the petitioner was intended to be, and was, in fact, a punishment.
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ERROR TO THE DISTRICT COURT OP THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The facts are stated in the opinion. The powers to raise, support and govern the army are vested in Congress. Constitution, Art. I, §§ 8, 10; Art. II, §§ 1, 2, 3; Fifth Amendment-; .U. S. Comp.' Stat., 1901, pp, 814, 817; Articles of War (U. S. Rev. Stat., § 1342)! The discharge of the petitioner was intended to be, and was, in fact, a punishment. A discharge without honor is- of doubtful legality. 2 Winthrop on Military Law (2d ed.), 847, 848; Davis on Military. Law, 357; O’Brien’s American Military Law.…
1Opinion of the CourtJustice Holmes
This is a suit for $122.26, alleged to be due to the plaintiff in error as an enlisted man in the regular army from November 16, 1906, to July 18, 1907, when his term of service expired. The plaintiff in error was one of the members of Companies B, C and D, of the First Battalion of the Twenty-fifth United States Infantry, who were discharged without honor by order of the President on the former date, without trial, after certain disturbances in Brownsville, Texas, in which the order averred members of those companies to have participated. The petition alleges that the plaintiff in error had…
2Cases cited4 opinions
- Kawananakoa v. PolyblankSupreme Court of the United States · 1907
- United States v. LarkinSupreme Court of the United States · 1908
- United States v. DalcourSupreme Court of the United States · 1906
- United States v. DavisSupreme Court of the United States · 1889
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- Peter L. Johnson v. United StatesCourt of Appeals for the D.C. Circuit · 1976
- Lomax Ex Rel. Lomax v. United StatesDistrict Court, E.D. Pennsylvania · 1957
- Eugene Dupree v. United StatesCourt of Appeals for the Third Circuit · 1959
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