French v. Weeks
259 U.S. 326 (1922)

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U.S. Supreme Court

French v. Weeks, 259 U.S. 326 (1922)

United States ex Rel. French v. Weeks

No. 724

Argued April 20, 1922

Decided May 29, 1922

259 U.S. 326

Syllabus

1. The Army Reorganization Act of June 4, 1920, c. 227, § 24b, 41 Stat. 773, provides (1) for a preliminary classification of all officers into two classes, A, those who should be, and B, those who should not be, retained in the service; (2) for a hearing of those placed in class B, before a Court of Inquiry, and (3) for a reconsideration of each case so heard by a Final Classification Board whose finding, it declares, "shall be final and not subject to further revision except upon the order of the President."

Held:

(a) That review of a finding of the Final Classification Board placing an officer in class B is discretionary with the President, not a right of the officer, and that the finality of the Board's action is not dependent on the President's approval, either personal or delegated. P. 259 U. S. 332.

(b) The power of the President to approve such findings may be exercised, on his behalf and under his authority, by the Secretary of War. P 259 U. S. 334.

2. Proceedings of lawfully constituted military tribunals, acting within the scope of their lawful authority, with jurisdiction over the person and subject matter involved, cannot be reviewed or set aside by the civil courts by mandamus or otherwise. P. 259 U. S. 335.

277 F. 600 affirmed.

Error to a judgment of the Court of Appeals of the District of Columbia, which reversed a judgment of the Supreme Court of the District granting the writ of mandamus against the present defendant in error and dismissed the proceeding. See also the next case, post,259 U. S. 336.

Page 259 U. S. 327

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