forces and that he is inducted into military service
simultaneously upon his induction into office as prescribed
by the Constitution.
 
                                                  III
 
               Similarly, the fact that the President is not
subject to
military control, court-martial or other military
discipline, in the usual sense, but on the contrary is
subject to removal from office by impeachment only, does
not support the conclusion that the office of
Commander-in-Chief is therefore a civil office. Whether or
not a particular individual falls within the jurisdiction
of a courts-martial or is otherwise subject to military law
is not controlling on the totally different question of
whether that individual has a civilian or military status.
For verification of this fundamental fact we need only turn
to the second Article of War which expressly states that
under certain circumstances civilians as well as soldiers
are subject to military law (Second Article of War, 10 U.S.
C. A. 1473 d). 
 
                     As a matter of historical fact persons
enjoying unchallenged civilian status have been tried and
convicted by
courts-martial on innumerable occasions. Such convictions
have been upheld upon appeal to higher courts: Pearlstein
v. United States (C. C. A. Pa. 1945)  151 Fed. 2d
167,Certiorari denied 66 Supreme Court 956, 327 U. S. 777.
In Re Berue (D. C. Ohio 1944) 54 Fed. Supp. 252. McCune
v.Kilpatrick (D. C. Virginia 1943) 53 Fed. Supp.
 
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