
    THE UNITED STATES v. ROYER
    [59 C. Cls. 199; 268 U. S. 394]
    Judgment was rendered against the United States in the Court below. On appeal the judgment was affirmed, the Supreme Court deciding:
    1. To constitute an officer de facto, it is not essential that there shall have been an attempted exercise of competent or prima fade power of appointment.
    
      May 25, 1925.
    2. The facts that the commanding promotion and notified him of his subsequent appointment, and that the officer accepted the office and performed its duties by direction of his superiors, are evidence that a vacancy in that rank existed.
    3. Claimant, having been recommended by the commanding general during the war for promotion from the office of lieutenant to that of major, and having assumed that rank by direction of the general based on notice from the adjutant general’s office that the appointment had been made, and having performed his duties and received his pay as major, was a major de facto, although the actual appointment was to a captaincy; and he could not be required thereafter to refund the amount received in excess of captain’s pay.
   Mr. Justice SutherlaNd

delivered the opinion of the Supreme Court  