150 Iowa 748 | Iowa | 1911
The plaintiff passed the civil service examination with a grade of ninety-nine percent, and, upon request of the Acting Commissioner of Indian Affairs, through the Department of the Interior, the United States Civil Service Commission certified three names, one of which was that of plaintiff, from which that officer might select a carpenter for the Winnebago Indian Reservation. Upon receipt thereof May 12, 1906, the Acting Commissioner of. Indian Affairs delivered to defendant the following telegram: “To Walter T. O. Larsen, Harlan, Iowa. Will you accept appointment carpenter, seven hundred twenty per annum, Winnebago agency, Nebraska? Wire answer.” Receiving no answer to the telegram, the Acting Commissioner notified the Civil Service Commission, through the Secretary of the Interior, that plaintiff had been selected, and that, as no reply had been received, another certification of names of persons eligible for the place was desired. On June 2, 1906, the United States Civil Service Commission addressed a letter to Larsen, advising him that the Interior Department had
2. Same: ttender of employment: ofbissue°n II. The telegram was in the form- of a mere inquiry of whether plaintiff would accept the appointment, and it is contended that an acceptance would not have given him the position, and for this reason plaintiff can recover nothing because of nondelivery. See Bennett v. Telegraph Co., 129 - Iowa, 607; Wilson v. Telegraph Go., 124 Ga. 131 (52 S. E. 153). The Acting Commissioner of Indian Affairs testified that he had selected plaintiff for the position of carpenter at the Winnebago Indian agency, and that, “though the telegram did not constitute an appointment, it indicated the intention of the office to appoint him, had he answered in the affirmative.” The telegram, then, according to the usage of the department, was
Affirmed on condition.