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Hartigan v. United States, 196 U.S. 169 (1905)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Hartigan v. United States, 196 U.S. 169 (1905)
Hartigan v. United States No. 72 Submitted December 6, 1904 Decided January 3, 1905 196 U.S. 169
APPEAL FROM THE COURT OF CLAIMS
Syllabus
A cadet at the West Point Military Academy is not an officer of the United States Army within the. meaning of §§ 1229, 1342, Rev.Stat., and, if delinquent, may be dismissed by the President without trial and conviction by court-martial.
Appellant filed a petition in the Court of Claims to have declared void his dismissal from the United States Military Academy at West Point, and for judgment for his pay as a cadet from July 27, 1883, to July 1, 1889, amounting to $3,417.
The appellant was duly appointed a cadet in the Military Academy on the first day of July, 1880, and served as such until the twenty-seventh of July, 1883, when he was summarily dismissed, by order of the President, upon charges of maltreating a new cadet upon guard, as well as other improper conduct. After the dismissal of appellant, another cadet was appointed to succeed him, was duly graduated from the Academy, and appointed and commissioned a second lieutenant in the Army, and subsequently a captain of the Twenty-fifth Regiment of Infantry.
The appellant, subsequently to his dismissal, presented petitions respectively to the Adjutant General of the Army and to the Secretary of War in which he asserted his innocence of the charges made against him, and prayed for reinstatement or trial by court-martial. He also presented a petition April 21, 1888, to the President, asking for a revocation of the order of dismissal, a trial by court-martial, and for an order assigning and appointing him to the Army as of the date of the assignment of the last graduate of his class. The petitions were all denied.
The Court of Claims held that he was not entitled to recover, and dismissed his petition. 38 Ct.Cl. 346.
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Chicago: U.S. Supreme Court, "Syllabus," Hartigan v. United States, 196 U.S. 169 (1905) in 196 U.S. 169 196 U.S. 171. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=8RXEU76RPYR9Q9H.
MLA: U.S. Supreme Court. "Syllabus." Hartigan v. United States, 196 U.S. 169 (1905), in 196 U.S. 169, page 196 U.S. 171. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=8RXEU76RPYR9Q9H.
Harvard: U.S. Supreme Court, 'Syllabus' in Hartigan v. United States, 196 U.S. 169 (1905). cited in 1905, 196 U.S. 169, pp.196 U.S. 171. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=8RXEU76RPYR9Q9H.
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