Norris v. United States
| Decision Date | 07 November 1921 |
| Docket Number | No. 11,11 |
| Citation | 42 S.Ct. 9,66 L.Ed. 136,257 U.S. 77 |
| Parties | NORRIS 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. W. D. Riter, Asst. Atty Gen., for the United States.
This is an appeal from the Court of Claims, which was argued and submitted at the same time with No. 10, just decided. Judgment was rendered against Norris. 55 Ct. Cl. 208. The case was brought to this court on appeal, and was remanded to the Court of Claims for further findings.
It appears that Norris was a customs employee at the port of Baltimore. On July 2, 1907, he was made a customs inspector at the compensation of $4 per day. On February 20, 1913, he was advised by the collector of customs that his services as inspector would be dispensed with and his position vacated at the close of business on that day. On December 22, 1913, he addressed a communication to the Secretary of the Treasury, in which he stated that he had been dismissed from the service on the previous February 20th; that no reason was assigned for the dismissal, nor charges furnished him, nor opportunity given him to be heard as provided by section 6 of the Act of August 24, 1912. 37 Stat. 555 (Comp. St. § 3287). He stated that, therefore, his dismissal seemed contrary to law, and asked for reinstatement, and an examination of his case on the merits as prescribed in that act. The Assistant Secretary of the Treasury on January 12, 1914, replied in substance that, as it appeared that he had been removed without being furnished a copy of the charges, the Department was willing to request the Civil Service Commission to issue a certificate for his reinstatement, and give him a written copy of the charges which led to his separation from the service. In reply to this letter the claimant wrote the Secretary of the Treasury, renewing his request for reinstatement. On February 10, 1914, Norris' rein statement was requested, in order that he might be furnished with a copy of the charges and allowed to answer them. On the same day the Assistant Secretary wrote the collector at Baltimore, inclosing a letter reinstating the plaintiff, and adding that, upon Norris subscribing to the oath of office, he would be suspended pending an investigation of the charges. On February 12, 1914, the Treasury Department requested the Civil Service Commission to issue the necessary certificate for the reinstatement of Norris as inspector of customs, in order that he might be given the opportunity to answer the charges against him. on February 20, 1914, by direction of the Secretary of the Treasury, Norris was reinstated, and appointed an Inspector of Customs, in order that he might be given an opportunity to answer the charges which resulted in his removal. Plaintiff executed the oath of office on March 5, 1914. He was suspended from duty and pay; charges were preferred against him. On March 9, 1914, Norris answered the charges. On April 25, 1914, the Treasury Department, by the Assistant Secretary of the Treasury, advised that the Department was of the opinion that the charges and the evidence against the plaintiff were not sufficient to have warranted his dismissal, stating, however, that inasmuch as there was no vacancy at that time in the force of customs inspectors, plaintiff's services could not be utilized; that the position of inspector was created in order that he might take the oath of office so that the charges against him could be tried; that his services would therefore necessarily be dispensed with; the order would be effective upon receipt of the letter by the collector of customs at the port of Baltimore, and the position abolished; that plaintiff was eligible for reinstatement within one year, provided his services could be utilized and he should be properly recommended for an existing vacancy. On May 27, 1914, a letter was written by the president of the National Asso ciation of Customs Inspectors, asking for the reinstatement of Norris. On June 6, 1914, the Assistant Secretary of the Treasury responded that there was no position of inspector vacant at Baltimore; that Norris was entitled to reinstatement, and, should a vacancy occur, he would be given consideration. On February 18, 1915, the plaintiff wrote a letter...
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