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WALLACE v. UNITED STATES

No. 118.

257 U.S. 541 (1922)

42 S.Ct. 221

66 L.Ed. 360

WALLACE v. UNITED STATES.

Supreme Court of United States.

Decided February 27, 1922.

Attorney(s) appearing for the Case

Mr. H. Stanley Hinrichs and Mr. Frank S. Bright for appellant.

Mr. Assistant Attorney General Ottinger, with whom Mr. Solicitor General Beck and Mr. Charles H. Weston, Special Assistant to the Attorney General, were on the brief, for the United States.

MR. CHIEF JUSTICE TAFT, after stating the case, delivered the opinion of the court.

The President acted under the 118th Article of War, which provides in part (39 Stat. 619, 650, 669) that,

"No officer shall be discharged or dismissed from the service except by order of the President or by sentence of a general court-martial; and in time of peace no officer shall be dismissed except in pursuance of the sentence of a court-martial or in mitigation thereof....

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