Nistal v. Hausauer

This appeal presents the delicate and controversial question of the power of review by the civil courts of action by military authorities of the State.' It is clear that whatever power of review is possessed by the courts in such cases should be exercised sparingly, so as not to interfere with the administration of necessary military discipline. Upon the other hand, members of the State militia, although subject to discipline in connection with their military functions, are not entirely removed from civilian life, and their civil rights are entitled to protection in some respects by the civil…