Legal Opinion

Barbour v. United States

United States Court of Claims

Decided December 15, 1881PublishedCited by 5 opinions

The Reporters’ statement of the case : The following are the facts of this case as found by the court: I. Ou the 6th of July, 1868, the claimant was commissioned by the President of the United States as assistant appraiser of merchandise at Portland, Maine. IT.

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The Reporters’ statement of the case : The following are the facts of this case as found by the court: I. Ou the 6th of July, 1868, the claimant was commissioned by the President of the United States as assistant appraiser of merchandise at Portland, Maine. IT. On the 1st of June, 1877, a special agent of the Treasury Department, who had made inquiries as to the force required in the appraiser’s ofiice at Portland, reported in writing to the Secretary of the Treasury that, after' conferring with the chief appraiser there, he had learned that, with the then present business of the office, the…

1Opinion of the Court

Drake, Ob. J.,

delivered tbe opinion of tbe court:

This case arises under section 1768 of tbe Revised Statutes, which is as follows:

“Sec. 1768. During any recess of tbe Senate tbe President is authorized, in bis discretion, to suspend any civil officer appointed by and with tbe advice and consent of tbe Senate, except judges of the courts of tbe United States, until tbe end of the next session of the Senate, and to designate some suitable person, subject to be removed, in bis discretion, by tbe designation of another, to perform the duties of such suspended officer in tbe mean time; and tbe…

2Cited by5 opinions

  1. Gullickson v. MitchellMontana Supreme Court · 1942
  2. School District Number 54 v. GarrisonSupreme Court of Arkansas · 1909
  3. Arant v. United StatesUnited States Court of Claims · 1920
  4. Powers ex rel. Foley v. CaswellSupreme Court of Rhode Island · 1952
  5. Rees v. City of MinneapolisSupreme Court of Minnesota · 1908

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