Court : US Supreme Court
..... not require personal and judicial action on the part of the president precedent to the final classification of an army officer as one to be retired or discharged from the army. p. 259 u. s. 342 . 2. section 24b of the army reorganization act does not violate due process of law in not affording an officer who, after due hearing before a court ..... of appeals of the district of columbia reversed the judgment of the supreme court, and the case is here for construction of the act of congress involved. in addition to the contention that 24b of the army reorganization act required personal and judicial action on the part of the president, this day disposed of in no. 724, only one other question ..... was discharged on november 17, 1920, "by direction of the president," on order of the secretary of war, under the provisions of 24b of the army reorganization act (41 stat. 759, 773). in his petition, he prays, as did col. french in the other case, for a writ of mandamus commanding the secretary of war to .....
Tag this Judgment!Court : US Supreme Court
..... 745. cf. kahn v. anderson, 255 u. s. 1 , 255 u. s. 7 ; walker v. morris, 3 american jurist and law magazine 281. [ footnote 2/11 ] section 158 of the british army act (gt.brit., stats.rev.3d ed., vol. x, 457, 563-564; war office, manual of military law, pt. i, 1951, 376-377) provides: "(i) where an offence ..... (2) and (3), and 68(f), revised statutes of canada, 1952, vol. iii, 3814 and 3821. new zealand has a similar statute (army act, 127(1), new zealand statutes, 1950, 283, 370-371). at the time of our constitutional convention, there had already been held the well known court-martial of lord george sackville for disobedience ..... members or part of the armed forces. there is a compelling reason for construing the clause this way: any expansion of court-martial jurisdiction like that in the 1950 act necessarily encroaches on the jurisdiction of federal courts set up under article iii of the constitution, where persons on trial are surrounded with more constitutional safeguards than in military .....
Tag this Judgment!Court : US Supreme Court
..... charge, produced in a great measure by the appointment of civil engineers and their attendants; besides, the act of 3 march, 1835, expressly prohibits any extra allowance whatsoever to any officer of the army. see act entitled" "an act making additional appropriations for the delaware breakwater and for certain harbors and removing obstructions in and at the ..... but which mainly turns upon the consideration whether the treasury department had a right to deduct the pay and emoluments of the defendant, as a general of the army, and while he was chief engineer, by setting them off against the balance reported against him, on account of his superintendency of forts monroe and calhoun. ..... has such an effect or which contains any such prohibition or denial. it is true that the act of 16 march. 1802, ch. 9, which provided for the organization and establishment of the corps of engineers, in one of its sections ( 27) declares "that the said corps, when so organized, shall be stationed at west point .....
Tag this Judgment!Court : US Supreme Court
..... the jurisdiction of the court of claims were examined and it was held, upon full consideration, that notwithstanding the passage of the bowman and tucker acts, a claim described in section 1063 of the revised statutes could be transmitted to the court of claims for "final adjudication," provided "such claim be not barred by limitation, ..... $30,340," were "referred (through the office of the quartermaster general) to the third auditor of the treasury, for settlement from the appropriation 'transportation of the army and its supplies,' the amount found due to be reported to congress for appropriation." on the 4th day of march, 1887, the third auditor reported against the ..... states, in the transportation of troops, munitions of war, and other subjects under a contract made september 11, 1861, between an officer of the confederate states army and the president of the railroad company. page 163 u. s. 245 the possession of the united states covered substantially the whole time from march, 1862, .....
Tag this Judgment!Court : US Supreme Court
..... footnote 11 ] congressional record, nov.19, 1919, p. 932. [ footnote 12 ] the provisions fixing the date of expiration of the several war acts are as follows: (aircraft act, being chapter 16, of the army appropriation act of july 9, 1918, c. 143, 40 stat. 889.) "within one year from the signing of a treaty of peace with the imperial german ..... the date of the proclamation . . . of the exchange of ratifications of the treaty of peace." (food control act of august 10, 1917, c. 53, 40 stat. 276, 283.) "sec. 24. that the provisions of this act shall cease to be in effect when the existing state of war between the united states and germany shall have terminated, ..... 40 stat. 440, 441, 449.) "(5) the term 'termination of the war' as used in this act shall mean the termination of the present war by the treaty of peace as proclaimed by the president. . . ." "sec. 603. that this act shall remain in force until the termination of the war, and for six months thereafter." (saulsbury resolution of may .....
Tag this Judgment!Court : US Supreme Court
..... of respondent's claim. respondent cannot avoid the reach of 2680(h) by framing her complaint in terms of negligent failure to prevent the assault and battery. section 2680(h) does not merely bar claims for assault or battery; in sweeping language, it excludes any claim arising out of assault or battery. we read this ..... that, if generally permitted, would involve the judiciary in sensitive military affairs at the expense of military discipline and effectiveness. similarly, respondent's attempt to hale army officials into court to account for their supervision and discipline of private heard must fail. iii special assistant to the attorney general holtzoff, testifying on behalf of ..... arising from such intentional torts committed by government employees. b our holding in feres v. united states, 340 u. s. 135 (1950), was that a soldier may not recover under the federal tort claims act for injuries which "arise out of or are in the course of activity incident to service." id. at 340 u. s. 146 .....
Tag this Judgment!Court : US Supreme Court
..... within their territory." the decision in lake shore & michigan railway v. ohio was rendered before the passage of the river and harbor act of 1899. but the tenth section of that act, upon which the permit of the secretary of war was based, is not so worded as to compel the conclusion that congress intended ..... roadstead, haven, or harbor, or other navigable water not wholly within the limits of such state." 26 stat. 426, 454. then, by the tenth section of the river and harbor act of march 3, 1899, c. 425, it was provided: "that the creation of any obstruction not affirmatively authorized by congress, to the navigable capacity ..... , and were subsequently recommended by the chief of engineers of the army. the secretary thereupon issued and delivered to the plaintiffs and the grain & elevator company the following instrument: "whereas, by section 10 of an act of congress, approved march 3, 1899, entitled 'an act making appropriations for the construction, repair, and preservation of certain public .....
Tag this Judgment!Court : US Supreme Court
..... version of 118 provided that a state "in which any federal property, facility, or activity is located may seek to enforce the provisions of this section pursuant to section 304 of this act. [ footnote 60 ]" when the conference committee eliminated this subsection from the senate amendment, it retained the definition of "person," which included a " ..... appropriate actions under 113 of the clean air act, directing the army, the tva, and the aec facilities to comply with the provisions of regulation ap-1, 5(1). [ footnote 28 ] on cross-motions for ..... this suit in the united states district court for the western district of kentucky. [ footnote 27 ] the complaint sought declaratory and injunctive relief requiring the army, tva, and aec facilities to secure operating permits. kentucky also named several epa officials as defendants, and asked the district court to order them to commence .....
Tag this Judgment!Court : US Supreme Court
..... proviso, an action may be maintained upon the claim in the court of claims because it is a claim 'founded upon . . . any law of congress' (judicial code, sec. 145, par. first)." it is apparent that the construction which the proposition affixes to the proviso does not confine its operation to the character of claims here involved, but extends ..... states v. watson, reported in the 130th volume of united states reports, p. 130 u. s. 80 , that officers of the united states army were entitled, in computing their rations under said act of july 5, 1838, and in computing their longevity pay under 1262 of the revised statutes, to be credited with their service as cadets in the ..... were rendered during the period stated, as well as the various grades through which, by promotion, he passed were enumerated, the whole period embracing service in the regular army except a brief time between the first of october, 1864, and the first day of august, 1865, when it was alleged he served as an officer of the .....
Tag this Judgment!Court : US Supreme Court
..... to a commission as a matter of law. pp. 345 u. s. 88 -92. (a) neither the universal military training and service act nor the army reorganization act requires that all personnel inducted under the doctors' draft act and assigned to the medical corps be either commissioned or discharged. pp. 345 u. s. 88 -89. (b) the commissioning of ..... in his application concerning prior membership or association with certain organizations designated page 345 u. s. 86 by the attorney general of the united states on october 30, 1950, pursuant to executive order 9835," that the court was without jurisdiction, and that habeas corpus does not lie for the purpose of the case. by way of traverse ..... play for the latter organization. over a period of 7 1/2 months, i attended classes at the jefferson school of social sciences (ending in the spring of 1950). with respect to any other organizations contained on the annexed list, i am page 345 u. s. 90 compelled to claim my federal constitutional privilege. however, i .....
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