Runkle v. United States
Supreme Court of the United States
APPEALS FROM THE COURT OF CLAIMS. This record, showed that on the 14th of September, 1882, Benjamin P. Runkle filed in the office of the Second Auditor of the Treasury Department a claim, based on the decision of this court-in United States v. Tyler, 105 U. S. 244, for longevity pay as an officer in the army of the United States, “ retired from active service,” and that on the 27th of June, 1883, the.
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APPEALS FROM THE COURT OF CLAIMS. This record, showed that on the 14th of September, 1882, Benjamin P. Runkle filed in the office of the Second Auditor of the Treasury Department a claim, based on the decision of this court-in United States v. Tyler, 105 U. S. 244, for longevity pay as an officer in the army of the United States, “ retired from active service,” and that on the 27th of June, 1883, the. Secretary of the Treasury referred it to the Court of Claims, under § 2 of the act of March 3, 1883, c. 116, 22 Stat. 485, for an opinion upon the following questions: “ 1st. Was the…
1Opinion of the Court
Me. Chief Justice "Waite,
after stating the case as above reported, delivered the opinion of the court.
We will first consider the second of the questions referred to the Court of Claims, namely:'
“Were the proceedings and findings of said court-martial regular, and the sentence duly approved by the President of United States, as required by law?”
The 65th Article of War, 2 Stat. 367, c. 29, in force at the. time of these proceedings, was as fpllows: '
“ Any general officer commanding an army, or colonel commanding a separate department, may appoint general courts-martial, whenever necessary. But…
2Cases cited11 opinions
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