Legal Opinion

Keim v. United States

Supreme Court of the United States

Decided April 9, 1900No. 57PublishedCited by 261 opinions

APPEAL PROM THE COURT OF CLAIMS. This case comes on appeal from a decree of the Court of Claims dismissing appellant’s petition. 83 C. Cl. 174. The findings of that court show that petitioner was on April 17,1865, honorably discharged from the military service of the United States by reason of disability resulting from injuries.received in such service. He passed the civil service examination, and on May 7, 1888, was appointed to a clerkship in the Post Office Department.

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APPEAL PROM THE COURT OF CLAIMS. This case comes on appeal from a decree of the Court of Claims dismissing appellant’s petition. 83 C. Cl. 174. The findings of that court show that petitioner was on April 17,1865, honorably discharged from the military service of the United States by reason of disability resulting from injuries.received in such service. He passed the civil service examination, and on May 7, 1888, was appointed to a clerkship in the Post Office Department. On March 16, 1893, at his own request and on the certificate of the Civil Service Commission, he was transíferred to the…

1Opinion of the CourtJustice Brewer

Upon these facts we are asked to decide whether the courts may supervise the action of the head of a department in discharging one of the clerks therein.

It has been repeatedly adjudged that the courts have no general supervising power over the proceedings and action of the various administrative departments of government. Thus, in Decatur v. Paulding, 14 Pet. 497, 515, in which was presented the question of the right of the Circuit Court of the District of Columbia to issue a writ of mandamus to the Secretary of the Navy to perform an executive act not merely ministerial but • involving the…

2Cases cited7 opinions

  1. Decatur v. PauldingSupreme Court of the United States · 1840
  2. Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
  3. United States v. SchurzSupreme Court of the United States · 1880
  4. Parsons v. United StatesSupreme Court of the United States · 1897
  5. Dunlap v. BlackSupreme Court of the United States · 1888

2 more not listed; retrieve them via the Exa API.

3Cited by261 opinions

  1. United States v. TestanSupreme Court of the United States · 1976
  2. Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
  3. Sampson v. MurraySupreme Court of the United States · 1974
  4. Aldine Independent School District v. StandleyTexas Supreme Court · 1955
  5. Swan v. ClintonCourt of Appeals for the D.C. Circuit · 1996

256 more not listed; retrieve them via the Exa API.

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