[Download] "Mcelrath v. United States" by United States Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Mcelrath v. United States
- Author : United States Supreme Court
- Release Date : January 01, 1880
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
Mr. Frank W. Hackett for the appellant. The attempted dismissal by Secretary Welles, by his letter of June 19, 1866, was illegal and void. Power summarily to dismiss a commissioned officer of the Marine Corps was at that date lodged in the President alone. Art. of War, 2 Stat. 359; Ex parte Hennen, 13 Pet. 230; Gratiot v. The United States, 1 Ct. of Cl. 258. The presumption that an official act of the head of department is that of the President, appears to be founded upon the theory that, at some previous period, the President gave general directions, in conformity to which a secretary may from time to time transact public business. But this implied general authority must be confined to such ministerial acts as are within the proper sphere of the secretary's duties. On the dismissal of commissioned officers of the army or the navy by the President, the order, to be effectual and valid, if it be not signed by him, should at least purport to be an attestation of his act.