Wallace v. United States, 258 U.S. 296 (1922)

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Wallace v. United States

No. 118

Petition for rehearing and motion to remand for further finding
Decided April 10, 1922
258 U.S. 296

APPEAL FROM THE COURT OF CLAIMS

Syllabus

The Senate, in confirming nominations to office, exercises not a judicial, but an executive, function, and, if it confirms a nomination to a place in the Army existing only through the President’s removal of another officer, the legal effect is to sustain the removal no less where the nomination is taken as assurance that a vacancy exists than where the Senate investigates the facts. P. 298.

Petition for rehearing and motion to remand denied.

On a petition for rehearing and for a remand of the case to the Court of Claims for a further finding of fact. See s.c. 257 U.S. 541.