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United States v. Brown, 206 U.S. 240 (1907)
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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.
United States v. Brown, 206 U.S. 240 (1907)
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United States v. Brown No. 283, 284 Submitted April 25, 1907 Decided May 13, 1907 206 U.S. 240
APPEALS FROM THE COURT OF CLAIMS
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 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.
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Chicago: U.S. Supreme Court, "Syllabus," United States v. Brown, 206 U.S. 240 (1907) in 206 U.S. 240 206 U.S. 241–206 U.S. 243. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=HPQMXXXFZDGX388.
MLA: U.S. Supreme Court. "Syllabus." United States v. Brown, 206 U.S. 240 (1907), in 206 U.S. 240, pp. 206 U.S. 241–206 U.S. 243. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=HPQMXXXFZDGX388.
Harvard: U.S. Supreme Court, 'Syllabus' in United States v. Brown, 206 U.S. 240 (1907). cited in 1907, 206 U.S. 240, pp.206 U.S. 241–206 U.S. 243. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=HPQMXXXFZDGX388.
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