George Shiras, Jr.

“ Without dwelling longer on this question, we approve the conclusion reached by the court of claims, that it is within the power of the president of the United States, as commander in chief, to validly convene a general court-martial even where the commander of the accused officer to be tried is not the accuser. ”

“ Error is assigned to the court of claims in overruling an exception to the action of the court-martial in permitting, after objection made, an officer to sit on the trial whom the appellant, in the performance of his official duty, on several occasions severely criticised in official reports, and whose enmity and dislike had been thereby incurred. ”

“ If this power could not be exercised, it would be impracticable, in the absence of an assignment of a general officer to command the army, to administer military justice in a considerable class of cases of officers and soldiers not under the command of any department commander ”