Butler v. White

Citations

• 83 F. 578
• 1897 U.S. App. LEXIS 2867

Syllabus

<p>1. Officers of the United States — Civil Service Law.</p> <p>Tbe act known as tbe “Civil Service Act” is constitutional.</p> <p>2. Same — Delegation .of Legislative Powers.</p> <p>Congress has riot delegated to the president and the commission legislative poWers.</p> <p>8. Same. '</p> <p>By rule 3, § 1. the internal revenue service has been placed under the civil service act and rules made in pursuance of it.</p> <p>4. Same — Who are Officers.</p> <p>The plaintiffs in these actions are officers of the government in the internal revenue service.</p> <p>5. Same — Removal from Office.</p> <p>They cannot he removed from their positions except for causes other than political, in which event their removal must be made under the terms and provisions of the civil service act and the rules promulgated under it, which, under the act of congress, became a part of the law.</p> <p>O. Same.</p> <p>The attempt to change the position and rank of the officers in these eases is in violation of law.</p> <p>7. Same — Equity Jurisdiction.</p> <p>A court of equity has jurisdiction to restrain the appointing power from removing the officers from their positions if such removals are in violation of the civil service act.</p> <p>(Syllabus by the Court.)</p>