Legal Opinion

Macfarland v. Bieber

Court of Appeals for the D.C. Circuit

Decided February 2, 1909No. 1970PublishedCited by 4 opinions

Hearing on an appeal from an order of the Supreme Court of the District of Columbia directing the issuance of the writ of mandamus against the commissioners of the District of Columbia.

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Hearing on an appeal from an order of the Supreme Court of the District of Columbia directing the issuance of the writ of mandamus against the commissioners of the District of Columbia. The Court in the opinion stated the facts as follows: This was an action brought in the supreme court of the District of Columbia for a writ of mandamus to compel Henry B. F. Macfarland, Henry L. West, and Jay J. Morrow, commissioners of the District of Columbia, to restore the name of petitioner, Sidney Bieber, to the roll of pensioners on the firemen’s relief fund, from which roll his name had been stricken…

1Opinion of the CourtJustice Van Orsdel

The sole question presented by the record in this case is whether or not appellee acquired such a vested right in-the' pension granted by the act of Congress as could not be devested by a subsequent act of Congress. It is contended that the provision of the act of Congress requiring the commissioners to deduct from the compensation ■ of appellee, while on the fire-*519force, $1 per month, to be placed in the general relief fund, gave appellee an interest in that fund which ripened into a vested property right to the pension in question on his retirement from the service. The point here under…

2Cases cited2 opinions

  1. Pennie v. ReisSupreme Court of the United States · 1889
  2. United States v. TellerSupreme Court of the United States · 1883

3Cited by4 opinions

  1. Mrs. Indiala Stouper v. Roger W. Jones, Chairman, U.S. Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1960
  2. Rafferty v. United StatesCourt of Appeals for the Third Circuit · 1954
  3. Taylor v. BOARD OF EDUCATION OF COUNTY OF CABELLWest Virginia Supreme Court · 1969
  4. Mrs. Indiala Stouper v. Roger W. Jones, Chairman, U.S. Civil Service CommissionCourt of Appeals for the D.C. Circuit · 1960

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