United States Supreme Court Cases & Opinions

U.S. Supreme Court

Creary v. Weeks, 259 U.S. 336 (1922)

United States ex Rel. Creary v. Weeks

No. 725

Argued April 20, 1922

Decided May 29, 1922

259 U.S. 336

Syllabus

1. French v. Weeks, ante, 259 U. S. 326, followed, to the effect that § 24b of the Army Reorganization Act does 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 Inquiry, has been classified by the Board of Final Classification as one who should not be retained in the service, a notice and a further hearing before the further determination, by another board, of the question whether the classification was due to his neglect, misconduct or avoidable habits, involving,

Page 259 U. S. 337

if affirmative, his discharge from the Army or, if negative, his placement on the retired list at diminished pay. P. 259 U. S. 343.

3. 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. 344.

277 F.5d 4 affirmed.

Error to a judgment of the Court of Appeals of the District of Columbia, which reversed a judgment of the Supreme Court granting the writ of mandamus against the present defendant in error and dismissed the proceeding.

Page 259 U. S. 341