Edward Douglass White

“ The contention that even if the condition which was attached to the leave be treated as illegal, and the acceptance of the leave containing it be decided not to have operated an estoppel, nevertheless, under such circumstances, the leave must be treated as void, and the absence based on it be held to have been one without leave, for which no pay could be allowed under the statute, is self-contradictory, and besides, in its essence, must rest upon the assumption that there was power to affix the condition, the terms of the statute to the contrary notwithstanding. ”

“ Rep. 204, since that case concerned the power to remove a cadet at the Military Academy, and the recognition of the right to exercise that authority was in express terms based upon the view that although in a sense a part of the Army, cadets at the Military Academy were not officers within the intendment of Revised Statutes, § 1229, and indeed the opinion in the Hartigan Case in substance refutes the extreme contention as to power which is now sought to be sustained. ”

“ Ct. Rep. 539; United States v. Shields, 153 U.S. 88, 91, 38 L. ed. 645, 646, 14 Sup. Ct. Rep. 735; Glavey v. United States, 182 U.S. 595, 45 L. ed. 1247, 21 Sup. Ct. Rep. 891. Nor, in contemplation of the cases which we have just cited, and additionally, in view of the provision of Revised Statutes, § 1229, Comp. ”