Burnap v. United States

Citations

• 55 Ct. Cl. 516
• 252 U.S. 512

Syllabus

<p>Judgment was rendered in favor of the defendants in the court below. On appeal the judgment was affirmed, and the Supreme Court decided:</p> <p>The power to remove from public office or employment is, in the absence of any statutory provision to the contrary, an incident of the power to appoint, and the power to suspend is an incident of the power of removal.</p> <p>In sec. 169, Rev. Stats., which authorizes each “ head of a department ” to employ clerks, messengers, laborers, etc., and other employees, “ head of a department ” means the Secretary in charge of a great division of the executive branch, who is a member of the Cabinet, and does not include heads of bureaus or lesser divisions.</p> <p>The term “ employ ” as thus used is the equivalent of appoint.</p> <p>The terms “ clerks ” and “ other employees ” as used in Rev. Stats., sec. 169, includes persons filling positions which require technical skill, learning, and professional training.</p> <p>Whether the incumbent is an officer or an employee is determined by the manner in which Congress has specifically provided for the creation of the several positions, their duties and appointment thereto.</p> <p>Although the office of Public Buildings and Grounds is part of the Bureau of the Chief of Engineers, in the War Department, appointment of a landscape architect (whose employment is authorized by general appropriation acts) is not to be made by the Secretary of War under the general authority of Rev. Stats., see. 169, but by the Chief of Engineers, under the specific authority given him by sec. 1799 to employ in such office and in and about the public buildings and grounds under his control such persons as may be appropriated for from year to year.</p> <p>The power to remove such landscape architect is with the Chief of Engineers as an incident of the power of -appointment, and is not affected by the fact that the appointment, acquiesced in by the Chief of Engineers, was made without authority by the Secretar