65 Ct. Cl. 91 | Ct. Cl. | 1928
delivered the opinion of the court:
Plaintiff’s case depends upon the following facts: April 11, 1921, plaintiff was appointed by the Hon. Claude Kitchin, minority leader and chairman of the conference minority of the House of Representatives, as clerk of the conference minority, salary $2,500 per annum, and bonus of $240 per annum. On April 12, 1921, he took the oath of office and entered upon the performance of its duties. Plaintiff received the salary and bonus attached to the office from April 12, 1921, up to and including May 31, 1923. On June 1, 1923, William Tyler Page, Clerk of the House of Representatives, appointed Charles H. England to the position of clerk to the conference minority. Since that time, notwithstanding repeated protests and assertions of title to the office by him, the plaintiff has not received any compensation whatever which he alleges is due and unpaid. The claim is for $1,385.22, salary alleged to be due from May 31, 1923, to December 3, 1923. On May 24, 1926, Charles H. England was permitted to and did file an intervening petition, under which claim is made'for the salary of the same office from July 1, 1923, to December 3, 1923, amounting in all to the sum of $1,157.22. Plaintiff’s contention, as well as that of the intervenor, is predicated upon -a section of the annual branch appropriation act, approved May 29, 1920, 41 Stat. 636, providing in terms as follows:
“ Conference minority: Clerk, $2,500; assistant clerk, $1,500; janitor, $1,000; in all, $5,000; the same to be ap-_ pointed by the chairman of the conference minority.”
Under this section of the appropriation act the plaintiff asserts that he was duly appointed by the minority leader in Congress, who in turn derived his position and power to appoint from the Democratic Members of Congress in caucus assembled, and that no authority whatsoever Tesided in the Clerk of the House to either revoke his appointment or appoint another.
There is no doubt, of course, that the plaintiff was on the date he alleges duly appointed to the office he claims by the
We need not indulge citation of authorities to sustain a proposition that no right to recover the salary of an office