Nicholas v. United States, 10
| Decision Date | 07 November 1921 |
| Docket Number | No. 10,10 |
| Citation | 42 S.Ct. 7,257 U.S. 71,66 L.Ed. 133 |
| Parties | NICHOLAS v. UNITED STATES |
| Court | U.S. Supreme Court |
Messrs. Wm. E. Russell, of New York City, and L. T. Michener, of Washington, D. C., for appellant.
Mr. Assistant Attorney General Riter, for the United States.
Claimant brought suit in the Court of Claims to recover compensation as inspector of customs at the port of Baltimore from February 20, 1913, to May 20, 1916, in the sum of $4,740, being at the rate of $4 per day for the period covered. He alleged that he was summarily removed from the service of the United States without charges of any kind being preferred against him, and without an opportunity to be heard, in violation of section 6 of an Act of Congress approved August 24, 1912, 37 Stats. 555 (Comp. St. § 3287). He afterwards amended his petition, so as to claim $4 per day to the day of rendering judgment, September 30, 1917, being the sum of $6,732. The Court of Claims rendered judgment for the United States. 53 Ct. Cl. 463.
The Court of Claims made a finding of fact from which it appears that Nicholas was appointed an inspector of customs at the port of Baltimore on January 28, 1902, at a compensation of $4 per day; that he continued to discharge the duties of such inspectorship until February 20, 1913, when he was summarily discharged by the collector of customs at the port of Baltimore pursuant to instructions issued by the Secretary of the Treasury; that he was in the classified civil service of the United States; that charges had been preferred against him by a committee appointed by the Secretary of the Treasury to examine into and report the conduct of the customs business at Baltimore; that Nicholas had no notice of the charges, was not furnished with a copy thereof, nor was he allowed a reasonable time to personally answer the same in writing. The court further found that there was no evidence of the willingness and ability of the claimant to perform the duties of the office of inspector of customs from the date of his removal on February 20, 1913; that it did not appear that he made any report in person, or writing, to the office of the collector at Baltimore. As a conclusion of law the court found the claimant not entitled to recover.
An appeal was taken to this court from the judgment of the Court of Claims. Upon motion the Court of Claims was directed to set aside its judgment, reopen the case, and make additional findings of fact. In obedience to a mandate of this court the Court of Claims set aside its judgment, took additional proof, made new findings, and again concluded that the claimant was not entitled to a recovery. 55 Ct. Cl. 188. That judgment is here for review.
From the amended findings of fact it appears that Nicholas entered the customs service in 1899 as an inspector; that the committee, appointed by the Secretary of the Treasury to examine into and report the conduct of the customs service at Baltimore, made a report from which they concluded that owing to the conduct of Nicholas, and from personal observation, they were of the opinion that the service would be benefited by his removal therefrom. On February 5, 1913, the Secretary of the Treasury approved this recommendation, and instructed the Collector of Customs at Baltimore to remove the claimant on account of his use of intoxicating liquors, and the unsatisfactory and perfunctory manner in which he performed his work. On February 20, 1913, he was removed from the service. At the time of his dismissal he was in the classified civil service, and had no notice of any charges against him. On August 24, 1912, Congress passed and act authorizing the President to reorganize the customs service. 37 Stat. c. 355, p. 434 (Comp. St. § 5327). This reorganization was reported to Congress March 3, 1913. Thirty-three inspectors of customs were provided for the district of Maryland, including the state of Maryland, the District of Columbia, and the city of Alexandria, Va., which offices were filled since March 13, 1913, by persons appointed by the Secretary of the Treasury; claimant made no appeal to the Secretary of the Treasury at the time of his removal from office; he was willing and physically able to resume the duties of the office, and capable of discharging the same, but did not apply for reinstatement at any time, nor notify the Secretary of...
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