
    SALLIE E. PAGE, Executrix, v. THE UNITED STATES.
    [25 C. Cls. R., 254; 137 U. S. R., 673]
    An officer on the retired list is dismissed by the sentence of a court-martial. The record is transmitted to the Secretary of War, who issues an order of approval, which merely recites that the proceedings of the ■court have been “ by him submitted to the President."
    
    The court below decides :
    Where it only appears by the order of the Secretary of War dismissing an officer that the proceedings of the court have been “ by him submitted to the President," it must be held that the case comes within therule in Rnnhle’s Case (122 U. S. R., 543;, and that it does not affirmatively appear that the President approved the sentence “to be dismissed the service of the United States."
    
    The decision of the court below is reversed, on the ground that while the approval or disapproval of the sentence of the court-martial must be the President’s personal act in such a case, it need not be attested by his sign manual, and may be inferred when the order of the Secretary of War indicates that the proceedings were laid before the President.
   Mr. Chief Justice Fuller

delivered the opinion of the Supreme Court January 19, 1891.  