
    WILLIAM C. IDE v. THE UNITED STATES.
    [25 C. Cls. R., 401;
    not reported in U. S. R.]
    
      On the claimant's Appeal.
    
    In 1869 an officer on tile active list is sentenced by a court-martial to be • dismissed. The order of approval signed by the Secretary of War - recites that the proceedings have been forwarded to him “for the action of the President,” “ and the proceedings, findings, and sentence are approved.” Sentence is executed without objection on the part of the officer, who does nothing until 1888, when he demands pay and brings this action.
    The court below decides:
    1. If an order in time of peace be issued by the Secretary of War dismissing an officer, and he submits without appeal to the President, and without objection for an unreasonable length of time, he must be held to have abandoned the office.
    2. This differs from the case of JRwnlcle (122 U. S. R., 543) in this, that here the claimant was on the active list; that he did not ajipeal to the President; that he made no effort to retain the office; that for eighteen years he rendered no service, and took no step toward recovering the office.
   The decisiou of the court below is affirmed without opinion on the authority of United States v. Fletcher (148 U. S. R., 84).  