Eberlein v. United States

Citations

• 57 Ct. Cl. 590
• 53 Ct. Cl. 466

Syllabus

<p>E, having been removed by the Secretary of the Treasury from a place in the customs service after due hearing upon charges, was later reinstated by tbe same authority, pursuant to an order of the President based on further investigations and findings that the charges were not just.</p> <p>Held: (1) That the removal was an act of discretion not subject to revision by the court.</p> <p>(2) That the power of appointment and removal in the case was constitutionally lodged in the Secretary of the Treasury; the president’s order could not and was not intended to operate as a reinstatement, but merely restored E’s eligibility to appointment.</p> <p>(3) E had no claim to the salary between the dates of his removal and his reinstatement by the Secretary.</p>