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· 5/27/1901

Reagan v. United States

Citations

  • 182 U.S. 419
  • 21 S. Ct. 842
  • 45 L. Ed. 1162
  • 1901 U.S. LEXIS 1233

Syllabus

<p>In 1896, commissioners appointed by judges of the United States Court in the Indian Territory were inferior officers, not holding their offices for life, or by any fixed tenure, but subject to removal by the appointing power.</p> <p>Commissioners appointed by that court prior to the act of March 1, 1895, were entitled to reappointment under that act, but were removable at pleasure unless at that date, or • at the date of removal, causes for removal were prescribed by law.</p> <p>As no causes for removal had been prescribed by law at the date of the removal of claimant in 1896, he was subject to removal by the judge of his district, and the action of that judge in removing him was not open to review in an action for salary.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that where causes of removal are specified by the Constitution or statute, “notice and hearing are essential”
  • stating that where causes of removal are specified by the Constitution or statute, “notice and hearing are essential”
  • noting “the rule . . . that where causes of removal are specified by Constitution or statute, as also where the term of office is for a fixed period, notice and hearing are essential” (emphasis added)
  • “[W]here causes of removal are specified by Constitution or statute, . . . notice and hearing are essential. If there were not, 6 the appointing power could remove at pleasure or for such cause as it deemed sufficient.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fuller

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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