Military Law And the Procedure of Courts-Martial
Military Law And the Procedure of Courts-Martial
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The finding of the retiring board is in the nature of a recommendation and, until it is approved by the Presi- dent, no retirement can be ordered thereon.^ When ap- proved by the President the finding is conclusive as to the facts.* 513. The board finds the facts and the President ap- proves or disapproves the finding, but the law does not empower him to modify the finding or to substitute a different one. There is here a judicial power, vested in the two, and not in the President acting singly..., and when the power has been once fully exercised it is exhausted as to that case.^ The case cannot be re-opened, and if in- justice has been done relief can be afforded by Congress » A. R. 78. » Dig. Op. J. A. G. 2194.
» Sec. 1250, R. S. * Id. 2206.
» Dig. Op. J. A. G. 2206; see U. S. v. Burchard, 125 U. S. 179.
RETIREMENT— RETIRING BOARDS 233 alone.^ If the board should find the officer not incapaci- tated for active service, the President could not disapprove the proceedings and then retire him.^ 514.
What to read after Military Law And the Procedure of Courts-Martial?
You can find similar books in the "Read Also" column, or choose other free books by Edgar Swartwout Dudley to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
The finding of the retiring board is in the nature of a recommendation and, until it is approved by the Presi- dent, no retirement can be ordered thereon.^ When ap- proved by the President the finding is conclusive as to the facts.* 513. The board finds the facts and the President ap- proves or disapproves the finding, but the law does not empower him to modify the finding or to substitute a different one. There is here a judicial power, vested in the two, and not in the President acting singly..., and when the power has been once fully exercised it is exhausted as to that case.^ The case cannot be re-opened, and if in- justice has been done relief can be afforded by Congress » A. R. 78. » Dig. Op. J. A. G. 2194.
» Sec. 1250, R. S. * Id. 2206.
» Dig. Op. J. A. G. 2206; see U. S. v. Burchard, 125 U. S. 179.
RETIREMENT— RETIRING BOARDS 233 alone.^ If the board should find the officer not incapaci- tated for active service, the President could not disapprove the proceedings and then retire him.^ 514.
What to read after Military Law And the Procedure of Courts-Martial?
You can find similar books in the "Read Also" column, or choose other free books by Edgar Swartwout Dudley to read onlineMoreLess
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