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Norris v. United States, 257 U.S. 77 (1921)
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General SummaryThis case is from a collection containing the full text of over 16,000 Supreme Court cases from 1793 to the present. The body of Supreme Court decisions are, effectively, the final interpretation of the Constitution. Only an amendment to the Constitution can permanently overturn an interpretation and this has happened only four times in American history.
Norris v. United States, 257 U.S. 77 (1921)
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Norris v. United States No. 11 Argued October 5, 1921 Decided November 7, 1921 257 U.S. 77
APPEAL FROM THE COURT OF CLAIMS
Syllabus
N, having been wrongfully removed from the office of customs inspector, without being furnished a copy of the charges against him or opportunity to answer, as required by the Act of August 24, 1912, c. 8, § 6, 37 Stat. 555, waited eleven months before asserting his rights. He was reinstated for the purpose of affording him a due hearing, suspended from duty and pay meanwhile, and was exonerated, but the office was then abolished and his services dispensed with for the reason that there was no existing vacancy in the service to which he could be assigned.
Held:
(1) That he was not entitled to official pay from the time of his removal to the time of his reinstatement. P. 80. Nicholas v. United States, ante,71.
(2) The power to determine the number of customs inspectors and to appoint and remove them was lodged with the Secretary of the Treasury. P. 81.
(3) The order abolishing the place to which N was reinstated, made by an assistant Secretary and being part of the archives of the Department, must be presumed to have been within the scope of the authority conferred upon the assistant by the Secretary, there being no evidence to the contrary. Rev.Stats. §§ 161, 245. P. 81.
(4) N could not recover pay since the time of his reinstatement. P. 82.
55 Ct.Clms. 208 affirmed.
Appeal from a judgment of the Court of Claims in a suit to recover the emoluments of an office accruing after appellant’s removal from it. See also ante,71, post,82.
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Chicago: U.S. Supreme Court, "Syllabus," Norris v. United States, 257 U.S. 77 (1921) in 257 U.S. 77 257 U.S. 78. Original Sources, accessed November 22, 2024, http://originalsources.com/Document.aspx?DocID=K35K8Y6J44KXJ9H.
MLA: U.S. Supreme Court. "Syllabus." Norris v. United States, 257 U.S. 77 (1921), in 257 U.S. 77, page 257 U.S. 78. Original Sources. 22 Nov. 2024. http://originalsources.com/Document.aspx?DocID=K35K8Y6J44KXJ9H.
Harvard: U.S. Supreme Court, 'Syllabus' in Norris v. United States, 257 U.S. 77 (1921). cited in 1921, 257 U.S. 77, pp.257 U.S. 78. Original Sources, retrieved 22 November 2024, from http://originalsources.com/Document.aspx?DocID=K35K8Y6J44KXJ9H.
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