Hartigan v. United States

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 1st day of July, 1880, and served as such until the 27th 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.

L. T. Michener and W. W. Dudley for appellant.

Assistant Attorney General Pradt and Mr. George M. Anderson for appellee.

[Argument of Counsel from page 170 intentionally omitted]

Mr. Justice McKenna delivered the opinion of the court: