Kellom v. United States
United States Court of Claims
The Reporter’s statement of the case: The grounds on which this claim is asserted are: 1. The removal was illegal and void because not made upon charges and an opportunity to answer. 2. It was also void because it was not made by proper authority, the Postmaster General, but only by a postmaster. 3. The presidential order of April 21, 1915, was a complete acquittal by the highest executive authority of the charges upon which he was removed and rendered the removal void from…
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The Reporter’s statement of the case: The grounds on which this claim is asserted are: 1. The removal was illegal and void because not made upon charges and an opportunity to answer. 2. It was also void because it was not made by proper authority, the Postmaster General, but only by a postmaster. 3. The presidential order of April 21, 1915, was a complete acquittal by the highest executive authority of the charges upon which he was removed and rendered the removal void from the beginning. It was held by the Supreme Court that a removal corresponding to that in this case was unauthorized and…
1Opinion of the CourtBooth, Judge
The plaintiff was a city letter carrier attached to the post office at Chico, California. His salary was $1,100 per year. On August 24, 1912, the postmaster at Chico preferred in writing a number of charges against the plaintiff, involving various derelictions, which he thought sufficient to result in his removal. On August 27th the plaintiff answered the charges, and the controversy thus reduced to issue was duly forwarded to the First Assistant Postmaster General at Washington. An investigation through the instrumentality of post-office inspectors followed, resulting finally in a written…
2Cases cited2 opinions
- Parish v. United StatesSupreme Court of the United States · 1880
- McCollum v. United StatesUnited States Court of Claims · 1881
3Cited by4 opinions
- Bailey v. RichardsonCourt of Appeals for the D.C. Circuit · 1950
- Levine v. FarleyCourt of Appeals for the D.C. Circuit · 1939
- Culligan v. United StatesUnited States Court of Claims · 1946
- Bailey v. RichardsonCourt of Appeals for the D.C. Circuit · 1950