No. 14.

327 U.S. 304 (1946)


Supreme Court of United States.

Decided February 25, 1946.

Attorney(s) appearing for the Case

J. Garner Anthony argued the cause and filed a brief for petitioner in No. 14. Osmond K. Fraenkel argued the cause, and Fred Patterson filed a brief, for petitioner in No. 15.

Edward J. Ennis argued the cause for respondents. With him on the brief were Solicitor General McGrath, The Judge Advocate General of the Army, Ralph F. Fuchs, William J. Hughes, Jr., Eugene V. Slattery and Angus Taylor.

By special leave of Court, C. Nils Tavares, Attorney General of Hawaii, argued the cause for the Bar Association of Hawaii et al., as amici curiae, urging reversal. With him on the brief were Heaton L. Wrenn and J. Russell Cades.

Bartley C. Crum, Edwin Borchard, Thurman Arnold, Pierce Butler, Winthrop Wadleigh, Osmond K. Fraenkel and Arthur Garfield Hays filed a brief for the American Civil Liberties Union, as amicus curiae, in support of petitioners.

MR. JUSTICE BLACK delivered the opinion of the Court.

The petitioners in these cases were sentenced to prison by military tribunal in Hawaii. Both are civilians. The question before us is whether the military tribunal had power to do this. The United States district court for Hawaii in habeas corpus proceedings held that the military tribunal had no such power and ordered that they be set free. The circuit court of appeals reversed, and ordered that the petitioners...

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