In the 1906 case of Homer E. Grafton v. The United States, the U.S Supreme Court ruled on a matter concerning fraudulent claims against the government. Grafton, an army officer stationed in Alaska during its gold rush era, was accused of submitting false vouchers for reimbursement from the federal government for expenses he did not incur. He argued that his trial should have been held in Washington state rather than Alaska because it was closer to his home and more convenient for him; however, this argument was rejected by both lower courts and eventually by the Supreme Court as well. The court's decision hinged on whether or not Alaska had been properly incorporated into America at that time - if it hadn't been, then trials involving Alaskan issues would need to be held elsewhere (like Washington). However, they determined that while Congress had yet to formally incorporate Alaska via legislation when these events took place (1899-1900), their actions since acquiring it from Russia indicated clear intent to do so. Therefore they upheld previous rulings: Grafton's trial location was deemed appropriate under existing laws about where fraud cases can be tried (wherever fraudulent acts were committed) and he remained convicted of defrauding the U.S Government.

In the dissenting opinion for Homer E. Grafton v. The United States, Justice Harlan argued that the court majority misinterpreted the law regarding military jurisdiction over civilians during times of war. He contended that Congress did not intend to give military tribunals authority over civilian citizens in territories where civil courts were functioning and capable of administering justice, even during wartime. He believed this interpretation was consistent with both constitutional principles and historical precedent dating back to English common law traditions which sought to limit martial law's scope and duration as much as possible due to its potential for abuse. Therefore, he disagreed with the decision upholding Mr.Grafton’s conviction by a military tribunal while civil courts were open in Alaska.