Gadsden v. United States

This case was previously before us on defendant’s demurrer to plaintiff’s petition. That petition alleged that plaintiff was discharged from his position with the Veterans’ Administration “without cause, wrongfully, illegally, and maliciously.” Because of this allegation we overruled defendant’s demurrer and referred the case to a Commissioner to take proof on this issue.

In our opinion (111 C. Cls. 487) we reiterated what we had many times said before, that the determination of whether or not an employee’s discharge would promote the efficiency of the Government service was vested in the…