United States v. Wickersham, 201 U.S. 390 (1906)

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United States v. Wickersham


No 185
Submitted February 28, 1906
Decided April 2, 1906
201 U.S. 390

APPEAL FROM THE COURT OF CLAIMS

Syllabus

The provisions of the Civil Service Act of January 16, 1883, are broad and comprehensive; under it, the Executive order of May 16, 1896, Rule III, and the order and list of the Secretary of the Interior of June 9 and September 26, 1896, based thereon, stenographers receiving the specified salaries employed in offices of surveyors-general were brought within the protection of the law, and can only be removed -- at least by a subordinate officer of the Department -- for just cause and upon written charges on notice with opportunity to defend, and until removed in accordance with the law and rules thereunder, and so long as he remains ready and willing to discharge the duties of his place, he cannot be deprived of the compensation legally belonging to one entitled to hold the position notwithstanding the surveyor general in whose office he is employed attempts to discharge him and excludes him from the office.

The facts are stated in the opinion.