Persing v. Daniels
Persing v. Daniels
Opinion of the Court
delivered the opinion of the Court:
Under the former laws the courts had no power to review the
August 23, 1912, the act of Congress was passed which is relied on in this case as changing that rule.
Passing by the question whether the Navy Yard in Washington is a part of the executive department of the Navy within the terms of that act, we assume for the purposes of this case that it was so intended. It appears nevertheless that the Civil Service Commission had never exercised the authority conferred thereby to establish a system of efficiency ratings for the classified service in the several executive departments of the District of Columbia.
That this proviso exempted discharged soldiers from discharge or dismissál has no effect. The proviso is a part of the section, and is not intended to have an independent operation.
This being the case, there is no foundation for the action, and the judgment is affirmed with costs. Affirmed.
Reference
- Full Case Name
- PERSING v. DANIELS
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Officers; Government Employees; Secretary of the Navy; Mandamus; Navy Yard at Washington. 1. In the absence of express statutory authority, the courts have no power to review the action of the head of an executive department in discharging an employee for inefficiency. (Following United States ex rel. Taylor v. Taft, 24 App. D. C. 95.) 2. The proviso of the act of Congress of August 23, 1912 (37 Stat. at L. 360, chap. 350), to the effect, that in the event of a reduction being made in the force of any of the executive departments in the District of Columbia, no honorably discharged soldier or sailor whose record is rated good shall be discharged or dropped or reduced in rank or salary, is ineffective until the system of efficiency ratings which the act requires the Civil Service Commission to establish with the approval of the President has been put into effect; so that mandamus will not lie to compel the Secretary of the Navy and the Commandant of the Navy Yard at Washington to reinstate a former employee of the Navy Yard, who is an honorably discharged soldier, and who has been discharged for lack of work, where it appears that such system of efficiency ratings has never been established. 3. Qumre, whether the Navy Yard at Washington is part of the executive department of the Navy within the meaning of the act of Congress of August 23, 1912, requiring the Civil Service Commission, subject to the approval of the President, to establish a system of efficiency ratings for the classified service in the several executive departments in the District of Columbia.