White v. Berry
Supreme Court of the United States
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. This suit in equity was brought by H. C. Berry in the Circuit Court of the United States for the District of West Vir-. ginia against A. B-. White, United States collector of internal revenue for that district, A. L. Hoult, John D. Sutton, Anthony Staubley and Franklin T. Thayer.
Read the full summary
APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF WEST VIRGINIA. This suit in equity was brought by H. C. Berry in the Circuit Court of the United States for the District of West Vir-. ginia against A. B-. White, United States collector of internal revenue for that district, A. L. Hoult, John D. Sutton, Anthony Staubley and Franklin T. Thayer. The bill alleged that in 1893, the plaintiff Berry was duly appointed by the Secretary of the Treasury to the position of United States gauger, and from that time to the commencement of this suit he had acted in that capacity at the…
1Opinion of the CourtJustice Harlan
In the opinion delivered by the learned District Judge, who heard this and other cases involving the same questions as those now presented, it was held: 1. That the act known as the “Civil Service Act” was constitutional. 2. .That Congress has not delegated to the President and tb,e Commission legislative powers. 3. That by rule 3, section 1, the internal revenue service has been placed under the Civil Service Act and rules made in pursuance of it. 4. That the plaintiffs in these actions are officers of the Government in the internal revenue service. 5. That they cannot be removed from their…
2Cases cited5 opinions
- Barron v. BurnsideSupreme Court of the United States · 1887
- Cochran v. McClearySupreme Court of Iowa · 1867
- Tappan v. GrayNew York Court of Chancery · 1842
- Hagner v. HeybergerSupreme Court of Pennsylvania · 1844
- Tappen v. GrayNew York Court of Chancery · 1841
3Cited by56 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Sampson v. MurraySupreme Court of the United States · 1974
- United Public Workers of America v. MitchellSupreme Court of the United States · 1947
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- Carter v. ForrestalCourt of Appeals for the D.C. Circuit · 1949
51 more not listed; retrieve them via the Exa API.