Argued October 5, 1921.— Decided November 7, 1921.
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. 389, § 6, 37 Stat. 655, 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 Statesante,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.
Mr. William E. Russell, with whom Mr. L. T. Michener and Mr. P. G. Michener were on the briefs, for appellant.
Mr. Assistant Attorney General Riter, with whom Mr. Assistant Attorney General Davis and Mr. William D. Harris were on the brief, for the United States.
Mr. Justice Day delivered the opinion of the court.
