United States Supreme Court Cases & Opinions

U.S. Supreme Court

Eberlein v. United States, 257 U.S. 82 (1921)

Eberlein v. United States

No. 12

Argued October 5, 1921

Decided November 7, 1921

257 U.S. 82

Syllabus

E, having been removed by the Secretary of the Treasury from a place in the customs service after due hearing upon charges, was later reinstated by the same authority, pursuant to an order of the President based on further investigation and findings that the charges were not just.

Held:

(1) That the removal was an act of discretion not subject to revision by the court. P. 257 U. S. 84.

Page 257 U. S. 83

(2) That the power of appointment and removal in the case was constitutionally lodged in the Secretary of the Treasury; the President's order could not and was not intended to operate as a reinstatement, but merely restored E's eligibility to appointment. P. 257 U. S. 84.

(3) E had no claim to the salary between the dates of his removal and his reinstatement by the Secretary.

53 Ct.Clms. 466 affirmed.

Appeal from a judgment of the Court of Claims in an action to recover salary accruing between the dates of appellant's removal from an office and his reinstatement. See also ante, 257 U. S. 71, 257 U. S. 77.