Harold Hitz Burton

“ It also may be assumed that it was a jurisdictional requirement that, if the appointing authority determined that no officer of the Judge Advocate General's Department was then 'available for the purpose,' such authority was restricted to the appointment of 'an officer of some other branch of the service selected by (him) * * * as specially qualified to perform the duties of law member.' (Emphasis supplied.) If the officer who was appointed met neither requirement, it may be assumed that the court-martial would have been without jurisdiction. ”

“ That detail was a matter within his administrative responsibility and should not be available as a basis for collateral attack upon the jurisdiction of an otherwise qualified and competent general court-martial. ”