
    HAMILTON S. WALLACE v. THE UNITED STATES.
    [55 C. Cls. 396; 257 U. S. 541; 258 U. S. 296.]
    Judgment for defendant in the court below. On plaintiff’s appeal the judgment was affirmed (257 U. S. 541). On a petition for rehearing and motion to remand to Court of Claims for a further finding of fact, the same was denied, and the Supreme Court decided:
    The Senate, in confirming nominations to office, exercises, not a judicial,, but an executive function; and, if it confirms a nomination to a place in the Army existing only through the President’s removal of another officer, the legal effect is to sustain the removal no less where the nomination is taken as assurance that a vacancy exists than where the Senate investigates the facts.
   Mr. Chief Justice Taft

delivered the opinion of the Supreme Court April 10, 1922.  