
    JAMES H. WICKERSHAM, Jr., v. THE UNITED STATES.
    [Not reported in O. Cls. R.f
    201; U. S. R., 390.]
    
      On the defendant's Appeal.
    
    Claimant is a clerk in the office of the U. S. Surveyor-General at Boise, Idaho. While holding the position the President issues an order providing that the departmental service under the civil-service act shall include “ all executive officers and ern-ployees outside the District of Columbia not covered in Rule III subdivision “ A ” of the Civil Service rules promulgated by the President May 6, 1890, of whatever designation, whether compensated by salary or otherwise, who are serving in a clerical capacity or whose duties are in whole or in part of a clerical nature.” This is followed by an order of the Secretary of the Interior and by a letter to the Civil Service Commission in which the claimant’s name is given as belonging to the classified service. Subsequently, without charges against him, he is suspended from office by the Surveyor-General. Claimant sues for salary from the date of his suspension, and recovers, the court below allowing his claim from the date of his suspension, November 1, 1897, till May 10, 1898, when his services in the office of the Surveyor-General were discontinued, and he was offered a position under the Government at Washington.
    The Supreme Court affirms the decision of the court below, holding that the claimant, by appointment of the Secretary of the Interior, was entitled to all the privileges and emoluments of his position until legally disqualified. That the suspension ivas wrongful and could not deprive him of his legal compensation.
   Mr. Justice Day

delivered the opinion of the Supreme Court April 2, 1906.  