The opinion
WHALEY,
Chief Justice (dissenting).
The Court of Claims has no appellate jurisdiction to set aside the verdict of a military tribunal which has been approved by the President as required by statute. Unless the verdict of the military court is set aside, the plaintiff can not recover.
The only appellate jurisdiction the Court of Claims has is under Part 3, Section 412(a) of the Legislative Reorganization Act of 1946, 28 U.S.C.A. § 933 (a). [Public No. 601]
The cases cited in the majority opinion, United States v. Brown, 206 U.S. 240 , 27 S.Ct. 620 , 51 L.Ed. 1046 ; and Runkle v. United States, 122 U.S. 543 , 7 S.Ct. 1141 , 30 L.Ed. 1167 , are inapposite. In neither case was the court martial proceeding approved by the Secretary of War or the President as required by the statute. The President approved the sentence of the court in the instant case. The plaintiff was subsequently pardoned by the President at the request of the Secretary of War.
Plaintiff’s redress, if any, is to the Congress. In my opinion the demurrer should be sustained.