William R. Day

“ It is contended by the appellant that the proceedings of the court-martial are null and void because of the manner in which that court was convened, upon requirement as a condition precedent that the appellant should submit to the introduction of the record of the testimony introduced before the court of inquiry, with the right to call additional witnesses, as hereinbefore stated. ”

“ The civil courts are not courts of error to review the proceedings and sentences of courts-martial where they are legally organized and have jurisdiction of the offense and of the person of the accused, and have complied with the statutory requirements governing their proceedings. ”

“ At that time he was subject to examination for promotion to the grade of captain, and, unless he could acquit himself of the charges preferred, he would be liable under § 1447 of the Revised Statutes of the United States (act of 1882, 22 Stat. at L. 286, chap. 391, U.S.C.omp. Stat. 1901, p. 1021) to be discharged from the service without more than one year's pay. ”