United States Supreme Court Cases & Opinions

U.S. Supreme Court

Nicholas v. United States, 257 U.S. 71 (1921)

Nicholas v. United States

No. 10

Argued October 6, 1921

Decided November 7, 1921

257 U.S. 71

Syllabus

1. A person who has been removed from a place in the classified civil service, by the proper authority but without charges or opportunity to answer, in violation of § 6 of the Act of August 24, 1912, c. 389, 37 Stat. 555, cannot recover subsequent salary attached to the position if he has not been diligent in asserting his rights. P. 257 U. S. 75. United States v. Wickersham, 201 U. S. 390, distinguished.

2. After summary removal, without charges, from the office of Inspector of Customs, claimant did nothing for his vindication for three years, when he sued for the salary since accrued. Held that he had abandoned his title, and could not recover. P. 257 U. S. 76.

53 Ct. Clms. 463; 55 id. 188, affirmed.

Appeal from a judgment of the Court of Claims in a suit to recover the emoluments of an office accruing after appellant's unlawful removal from it. See also post, 257 U. S. 77, 257 U. S. 82.

Page 257 U. S. 72