Louis Brandeis

“ Applicants for enlistment who have been accepted provisionally, but have yet to be subjected to the final examination at the recruiting depots and to take the oath before they become a part of the soldiery of the nation, are not 'troops of the United States.' It is the actual enlistment, the oath of allegiance, that changes the status from a civilian to soldier. ”

“ The furloughed soldier is, of course, a part of the army or troops of the United States; but his transportation back to the proper station, is not 'transportation of troops' within the meaning of the land grant acts. The furloughed soldier travels for his own purposes. The government merely advances to him the cost of transportation and subsistence while on furlough ”

“ Congress recognizes the distinction between those forming part of the army and those who do not, because they are recruits or have been discharged; and it makes special provision for their transportation. ”