United States Supreme Court Cases & Opinions

U.S. Supreme Court

United States v. Brown, 206 U.S. 240 (1907)

United States v. Brown

No. 283, 284

Submitted April 25, 1907

Decided May 13, 1907

206 U.S. 240

Syllabus

The prohibition in the 77th Article of War against officers of the regular army serving on courts-martial to try soldiers and officers of other forces is peremptory, and, notwithstanding the contrary construction of former articles on the same subject, an officer of the regular army, although on indefinite leave of absence, to enable him to accept a volunteer commission, is not competent to sit on a court-martial to try a volunteer officer, and if without him there would have been an insufficient number, there is no court, and the sentence of dismissal is void, and in this case an officer so

Page 206 U. S. 241

sentenced and dismissed was entitled to his pay until the organization to which he belonged was mustered out. The refusal to grant an officer so discharged an honorable discharge did not, under the circumstances, amount to his active retention in the service and entitle him to pay after the organization to which he belonged had been discharged.

The facts are stated in the opinion.

Page 206 U. S. 243