Austill v. United States

This is a suit brought by the plaintiff, Jere Austill, against the United States for certain fees which he claims are due him as United States commissioner for the Southern District of Alabama.

The accounting officers of the Treasury Department refused to pay these fees upon the ground that the plaintiff was appointed to the office which he holds by his uncle, Bobert T. Ervin, who is the United States district judge of the Southern District of Alabama; and the following statute is cited to uphold the action of the accounting officers:

“No person shall be appointed to or employed in any office…